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COLLECTIONS
OF THE
VERMONT
HISTORICAL SOCIETY
PREPARED AND PUBLISHED BY THE
PRINTING AND PUBLISHING COMMITTEE
IN PURSUANCE OF A VOTE OF THE SOCIETY.
VOL. II.
M ONTPELIER:
PRINTED FOR THE SOCIETY.
1871.




Entered according to act of Congress A. D. eighteen hundred seventy-one
BY THE VERMONT HISTORICAL SOCIETY
in the office of the Librarian of Congress at Washington.
J. & J. M. POLAND, PRINTERS.




CONTENTS.
VERMONT HISTORICAL SOCIETY.................................................    v-vi
List of Pamphlet Publications, v; Officers, October 1870 to October 1872, vi.
ADDITIONS AND CORRECTIONS to Volumes I. and II.............................      vii
Vol. I. of Vermont Hlistorical Collections vindicated, vii.
THE HALDIMAND PAPERS, WITH CONTEMPORANEOUS HISTORY,............ 59-366
Prefatory Note, 3. Introduction, 5; The Conciliatory Policy of Great Britain in
1778-9, 10; Vermont prior to 1781-the Controversy with New York, 16; Vermont's
Appeals to Congress, 1776 to 1780, 22; her Appeal from Congress to the neighboring States, 34; the Condition of Vermont and the Country, 1779 to May 1781, 35;
Action of Vermont, January 1780 to May 1781, 41; Condition of New York, March
1779 to May 1781, 49; the Policy of Vermont, 55. The Negotiation originated by
British agents, 59; Gov. Chittenden proposes to Gen. Haldimand an exchange of
prisoners, 63; Cessation of hostilities offered by Gen. Haldimand, Oct. 1780, 70;
Truce agreed to by Vermont and Commissioners appointed to settle a cartel for an
exchange of prisoners, 73; Gen. Haldimand instructs his Commissioners to negotiate for the return of Vermont to British allegiance, 87; Commencement of the
Negotiation, May 8, 1781, 109; Armistice with Vermont agreed to May 25,1781, continuing till the general cessation of hostilities, 119. The East and West Unions
formed, 94; Argument in justification of, 231; Effect of the Unions and the Haldimand Negotiation on Congress, 57,164-167; Dissolution of the Unions, 244-246. Internal Disturbances, 24,270-272, 277-280, 286-7, 295-302, 313-315. War with Vermont
threatened by New York, New Hampshire, and Congress, 184-186, 209-227, 244, 311,
370-371; Gen. Washington opposed to War on Vermont, 324. Last letter of Gen.
Haldimand to Vermont, 335. Condition of Vermont at the close of the Negotiation, 336.
OPINIONS OF THE HALDIMAND NEGOTIATION,.................................367-391
Opinion of Samuel Williams, 367; of William L. Stone, 369; of Daniel Chipman, 375;
of Jared Sparks, 388; references on the Negotiation to Wm. Slade, Zadock Thompson, B. H. Hall, and Hiland Hall, 391.
COMPLETENESS OF THE HALDIMAND PAPERS ON THE NEGOTIATION,.....                     392
VERMONT AS A SOVEREIGN AND INDEPENDENT STATE, 1783 to 1791,........395-498
Prefatory Note, 397; Action of Governor and Council and General Assembly, 399498. Particular Action implying Sovereignty-Post-Offices, 405-Post-Master General, 410-Treaty-Making Power, Intercourse and Trade with Canada and Europe,
410, 425, 426, 441, 445. 465-War with New York contemplated, Neutrality expected
from Congress and the other States, and a Confederation with the United States
invited, 415-Coinage of Money authorized, 427-Excise Duty proposed, 428-Naturalization Act proposed, 429, and passed, 449-Negotiation with New York, 486496. The Vermont question in Congress in 1784, 412, 415; Protest by Gov. Chittenden, Vermont amenable to no earthly tribunal, 414. Ethan Allen's defense of Vermont policy, 419. First Betterment act, 430. Obstacles in Congress to Vermont, 432.
Action in New York Assembly in 1787 favorable to Vermont, 449-Argument of
Richard Harrison against Vermont, 450-Alexander Hamilton's reply to Harrison, 456. Finances of Vermont, 1778 to 1786, 466. Settlement of the Controversy
with New York, 468-498-Correspondence of the Commissioners, 487-194-Assent of
New York to the admission of Vermont to the Union, 494-Report of the Vermont
Commissioners, 496-Acceptance and Ratification by Vermont, 496. Admission of
Vermont to the Union, 498.
THE EARLY EASTERN BOUNDARY OF NEW YORK A TWENTY MILE LINE
FROM    THE  HUDSON,.....................................................499-511
Representation thereof by the Council of New York in 1763 to Gov. Monckton, 501 
Reply thereto to the Lords of Trade by Lieut. Gov. Colden, 505.








Vermont Historical Society.                 v
PAMPHLET PUBLICATIONS OF THE SOCIETY.
1.-Address by James Davie Butler, Oct. 16,1846: subject-Deficiencies in the Early History of the State. Appendix: First Constitution,
Officers, and By-Laws of the Society,' October 1840; Declaration of the
Independence of Vermont; the Song of the Vermonters.
2.-Address by James Davie Butler, Oct. 20,1848: subject-Battle of
Bennington. Appendix: Order of Sequestration, 1777; Roll of Captain
Samuel Robinson's company in Bennington battle; Receipt for Plunder
Money. Address by George Frederick Houghton: subject-Seth Warner.
Appendix: Report of Council of New Hampshire on lands west of Connecticut river, 1771; Petition to Congress of Widow of Seth Warner;
State of the.right of New York to Boundary on Connecticut river, 1773.
3.-Address by Daniel P. Thompson, Oct. 24, 1850: subject —The
Birth of the first Constitution, and the Council of Safety.
4.-Address by Pliny -I. White, Oct. 29,1858: subject-Matthew Lyon; and by Albert D. Hager: subject-Vermont Marbles.
5.-Constitution, By-Laws, and List of Members of the Society, and
of gentlemen who had pronounced addresses before it, &c., Nov. 2,1859.
6.-Proceedings, Oct. 16, 1860; Annual Address by Joseph Torrey:
subject-Discovery and Occupation of'Lake Champlain.
7.-Proceedings, Jan. 23, 1861; with Sketch of Rev. Samuel Austin
Worcester, by Pliny H. White; of Hon. George Tisdale Hodges, by George
F. Houghton; of Governor John S. Robinson, and Doct. Noadiah7 Swift,
by Hiland Hall.
8.-Proceedings, Oct. 15 and 16,1861.
9.-Proceedings, Jan. 22 and 23, 1862, with Essay of H-enry Clark on
Town Celebrations; Proceedings, July 16 and 17, 1862, and Oct. 14,1862,
with Report of Librarian, and list of resident and honorary members.
10.-Address by J. Watts De Peyster, Oct. 20, 1863: subject-Secession
in Switzerlanc and the United States compared.
11.-Address by Winslow C. Watson, Oct. 20,1863: subject-Governor
Richard Skinner.
12.-Address by E. J. Phelps, Jan. 28, 1864: subject-Charles Linsley.
13.-Address by Geo. F. Edmunds, Oct. 16, 1866: subject-Solomon
Foot; by Pliny H. White: subject-Governor Jonas Galusha; and by
J. E. Rankin: subject —Sources of New England Civilization.




vi                Vermont Historical Society.
14.-Address by James Barrett, Oct. 20,1868: subject-Jacob Collamer.
15.-Proceedings, Oct. 19 and 20, 1869; with Report of Librarian; the
CapturHe of Ticonderogac in 1775, by Hiland Hall: and Sketch of Rev. Pliny
H. White, by Henry Clark.
16.-Proceedings, Oct. and Nov. 1870; with Report of Librarian; and
Address by James Barrett: subject —Charles Marsh.
OFFICERS OF THE SOCIETY,
OCTOBER 1870 TO OCTOBER 1872.
President —WILLIAM -I. LORD, D. D., Montpelier.
Vice Presidents-I-ons. JAMES BARRETT, Woodstock; LOYAL C. KELLOGG, Benson; Rev. ROGER S. HOWARD, D. D., Northfield.
Recording Secretary-HENRY CLARKi, Esq., Rutland.
Corresponding Secretary-Hon. GEORGE G. BENEDICT, Burlington.
Treasurer-Col. HERMAN D. HOPKINS, Mlontpelier.
Librarian-Hon. CHARLES REED, Montpelier.
Curators-Messrs. CHARLES REED, Montpelier; Dr. P. D. BRADFORD,
Northfield; CIHARLES S. SMITH, Montpelier; JOHN R. CLEAVELAND,
Brookfield; ORVILLE S. BLISS, Georgia; RUSSELL S. TAFT, Burlington; FRANKLIN FAIRBANKS, St. Johnsbury.
COMMITTEES.
Printing and Publishing Committee-Messrs. HILAND HALL, North Bennington; CHARLES REED, and E. P. WALTON, Montpelier.
Committee on the Library and Cabinet-ROGER S. HOWARD, Northfield;
CHARLES S. SMITH, Montpelier; RUSSELL S. TAFT, Burlington.
Committee on Finance-CHARLES DEWEY and CHARLES REED, Montpelier; FRANKLIN FAIRBANKS, St. Johnsbury.
---— < ~-.- * —-----------'All donations of Manuscripts, Books, Pamphlets, or Newspapers,
should be addressed to CHARLES REED, Librarian, Montpelier.




ADDITIONS AND CORREGCTIONS TO VOLS. I. AND II.
VOLUME FIRST OF COLLECTIONS OF VERMONT HISTORICAL SOCIETY:
VINDICATED FROM THE ATTACK OF THE NEW YORK HISTORICAL
MAGAZINE.
IN the former volume of these COLLECTIONS, published in 1870, an
attempt was made to embody in chronological order such authentic accounts as could be found of the proceedings of the different conventions
of the inhabitants of the New Hampshire Grants, prior to the establishment of the state government of Vermont in 1778. No original journals
of those conventions could be found, and information in regard to their
proceedings was sought for in all quarters where it was thought it might
be obtained. Among the sources from which information was procured,
were the fourth volume of the Documentary History of New York, the
published journals of the New York Congress of 1775, the Connecticut
Courant published at Hartford for the year 1777, Mr. Slade's Vermont
State Papers, the manuscript papers in the offices of the Secretaries of
State at Albany and Montpelier, and a Manuscript copy, from what was
believed to be an authentic copy of the journals of several conventions in
1776 and 1777. The sources from which the accounts of these proceedings were obtained were distinctly indicated in the publication itself,
either by introductory statements or foot notes, so that the verification
of each part, and the credit to which it was entitled, could be conveniently
tested by historical students.
The number of the New York Historical Magazine for January 1871
edited by Henry B. Dawson Esq., contains a very sharp and bitter criticism on this part of the Society's volume, in which he assumes to have
discovered numerous errors and falsehoods of so flagrant a character as,
in his view, to justify him in making a charge of intended deception and
fraud on the part of the Committee of Publication. He claims that their
work is not a fair account of actual proceedings, but is a " reconstructed
record" got up by the Committee for the purpose of placing the conduct
of the Vermonters in their early controversy with New York on a more
favorable footing than their original proceedings would warrant, and that
their publication is therefore " entirely useless as an authority in historical enquiry." This charge of fraud in the publication, if well founded,
not only deprives it of historical authority, but ensures the just codemnation of the Committee of Publication by all lovers of honesty and truth,




viii      Additions and Corrections to Vols. I. and II.
The chronic propensity of Mr. Dawson to treat such opinions as do not
coincide with his own, as founded in dishonesty and crime, must be well
known to the readers of his magazinde and some of them may have noticed that this propensity becomes peculiarly active and violent whenever
any question of Vermont history is concerned. He has in his magazine
habitually sought to stigmatise Vermonters by branding them with opprobrious epithets, calling them " renegade Green Mountain Boys,"' Secessionists," "Nullifiers," "traitors," "thieves," &c., &c., and it has also
seemed impossible for him to notice the work of a Vermonter without,
as in his present article, impugning the motives of the writer, imisrepresenting his statements, and charging him with unfounded delinquencies.9*
This continued exhibition of his bitter hostility, together with the seriousness of his present charge against the integrity of Vermont history,
must be our apology for a somewhat extended examination of the grounds
on which he founds his criticisms.
Mr. Dawson commences his present strictures by stating that in their
publication, the Society " employed a copy instead of the originalt manuscripts." It is true that copies only were employed, and for the reason
which is fully declared in their publication, that no originals could be
found. Parts of the proceedings of several conventions were found in
newspapers and in other publications, and in different manuscripts, as
before stated, the most important of the latter being a copy of the proceedings of several conventions, furnished by the Hon. James H. Phelps,
of West Townshend, Vt., which manuscript and the use made of it are
particularly mentioned in the publication itself. The copy, as Judge
Phelps informed the Committee, was made by him in 1852 from the back
part of an old account book in which Dr. Jonas Fay, who had been clerk
of some of the conventions, had made charges against his patients for
medical services. The book was in the possession of Judge Phelps but
a short time, and he was unable to give any certain account of what became of it, though he thought it might probably be found in the possession of some of Dr. Fay's descendants. Inquiries were made for it in
quarters where it was thought most likely to be found, but without success, and it was accordingly stated (page 49) that it was " not known to
be now in existence."
Mr. Dawson in his criticism undertakes to show the inaccuracy of the
Society's publication by comparing it with what he calls " the original
minutes, as left by the Secretary who wrote them," but he does not state the
form in which these " original minutes" have been preserved, or how or
where he obtained them, or give any description of them, or specify any
evidence of their authenticity. As the Society's publication shows that
it was made from copies, because no originals could be found, and as what
he claims as the original minutes must have come recently into his hands,
*HIist Mag., Vol.10, Supplement, 199; Vol.1. New Series, 181; Vol. 5. 345-7 and 399-401; Vol. 7.137.




Vol. I. of Collections Vindicated.               ix
it would seem to have been no more than fair for him to give some account of his newly discovered manuscript, before condemning others for
not following it, and thus also enabling others, as well as himself, to form
an opinion of what his new discovery really was, and to judge of the credit
to which it was entitled. It might possibly turn out that Mr. Dawson
has not in his possession "the original minutes" of any of these conventions, but only copies,-perhaps only the same book from which Judge
Phelps copied,-the entries in which were certified-not as "original
minutes" but as copies,-sometimes with the words "Errors excepted," as
may be seen in the Society's publication at pages 13, 15, 16, 20, 34, 37, 42.
But whatever may be the character of the manuscript by which Mr. Dawson calls in question the correctness of the Society's publication, it will
be found on examination that several of the most important defects which
he names have no existence in point of fact, and that the residue of them
are so trivial and harmless as to preclude any ideas in an unprejudiced
mind, that they could have been made for any sinister purpose whatever,
much less for that which Mr. Dawson supposes, of enhancing the credit
of Vermont at the expense of New York. In an account of some twenty
different conventions held during a period of twelve years from 1765 to
1777, which covers over fifty pages of the volume and includes the names
of more than two hundred different persons, many of them several times
repeated, the industry of the critic has enabled him to discover three or
four instances in which he claims that either the Christian or surname of
an individual is wrongly given, and nearly as many in which he says the
day of the proper month is erroneously stated, but none of them changing
the character of the proceedings in the smallest degree. These, and such
like errors, which may be found in'almost all publications and even in the
critic's own article,-all of which would have been readily accounted for
by any impartial reader, as innocent mistakes of the copyist or of the type.
with other charges which are unfounded in fact,- make up his indictment
against the Society for fraud in their publication.
Mr. Dawson, after stating that "a merely casual glance at the recon.
structed record has satisfied us [him] that it is entirely unreliable as ma.
terial for history," proceeds to specify what he terms the "more import
ant errors, in this very important portion of the volume" of the Society
under separate and distinct heads, fourteen in number, each of which we
will now proceed to notice in its order. We shall be obliged to occupi
more space in the investigation than we could desire, from the necessit2
we feel of copying most of the critic's complaints in full, that we man
not be accused of doing him injustice in stating themn, as well as t(
exhibit to our readers the temper, or as the lawyers would call it, th
quo animo of his production.
We give SPECIFICATION No. 1 as near as may be, verbatim et litero
tim, as follows:
2*




x         Additions and Corrections to Vols. I. and 1I.
" 1.-The Warrent for the first meeting, dated, according to this version, "ARLINGTON, 10th Deer. 1775" was really dated "ARLINGTON, 20th
Deer. 1775;" and the third article of the same Warrent, insteadc of providing " To see if the Law of New York shall have free circulation where
"it dotlh infringe on our properties, or Titles of Lands or Riots (so called)
"in defence of the same," as indicated in this volume, really provided
"to see if the Law of New York shall have free circulation where it doth
" not infringe" &c. a distinction with a difference, which will be useful
to those who shall study the temper of the Vermontese of that period,
with due attention."
The convention of which the notice in the warrant dated at Arlington
was given, was to be holden at Dorset the 16th of January 1776, and it
was certainly of no moment whatever, whether it bore date the 10th or
the 20th of December, and in regard to the other supposed error complained of by Mr. Dawson, we fail to see what " the distinction with a
difference" can possibly be. No question depending on the language of
the article respecting "the free circulation" of the law of New York appears to have been voted upon. The convention resulted in a petition to
the continental Congress, to be allowed, for the preservation of their land
titles, to serve against Great Britain, under the Congress, as inhabitants
of the New Hampshire Grants, and not under New York, of which petition the critic afterwards takes special notice. The omission of the word
not in the Society's publication, if it really was an omission, was doubtless an error of the copyist or of the printer, and would have been so regarded by any one not anxiously seeking a pretext for fault finding.
No. 2.-Under this specification Mr. Dawson charges that Oliver
Evits and not Oliver Everts was an " assistant clerk of the convention of
January 16, 1775," and that it was James Hardc and not James ISurd who
" served on the committee to whom the third Article in the Warrent was
referred." Well, it may be that Mr. Dawson is right. Both the assistant clerk and the committee man were persons unknown to flame, and it
is impossible now to ascertain exactly how they wrote their names, for to
this day Everts, Hacrd and Hutrc are names of many families in Vermont,
and Evits is rarely, if indeed ever, used except incorrectly for Everts;
but what shall be thought of a critic who shall gravely found a charge of
fraud against respectable persons, on the discovery of so slight a variation in the spelling of the names of two obscure individuals, who had
probably been dead for more than half a century.
If we were to follow the example of the critic in cavilling at trifles, we
might call his attention to errors of date and of spelling in that part of his
own article already noticed, of as great significance as those he charges upon the Society's publication. Thus, in his second specification, he speaks
of the meeting at Dorset of which the before mentioned notice had been
given, as having been held " the 16th day of January 177,5'," when in fact
it was not held till January 177 6, one year after, which is quite as important an error as that complained of by him in the alleged cha nge of date




Vol. I. of Collections Vindicated.             xi
from the 20th to the 10th of Decenmber. Again, in his two first specifications he uses three times a word which we have not been able to find in
any modern dictionary in our possession, viz. the word Warrent. We
suppose Mr. Dawson wrote the word Warrant, with the lettel a in the
last syllable, and that the heedless typesetter changed it into an e, three
times repeated, which makes it quite as great a blunder as the supposed
change of the name of Hard to HIlrd by mistaking the letter a for the letter u. We are not so uncharitable as to charge Mr. Dawson with intentional fraud in this matter.
CIHAnGE No. 3 is, that in the Petition to Congress which was adopted
at the January convention of 1776 before mentioned, the order of the
King in Council making Connecticut River the boundary between New
York and New HIampshire was recorded in the minutes of the convention
"as of the date of the 4th of July A. D. 1764"; but that in the Society's
"reconstructed lminutes" the date is given as the 20th of July 1764. We
do not believe the date was recorded as of the 4th of July in the original
m1inutes, but if it were, it was clearly a clerical mistake, which ought at
once to be corrected. ~ The official certified copy of the order which was
sent out from England to Lieutenant Governor Colden, and which lhe
published to the settlers by proclamation the 10th of April 1765, is found
in the office of the Secretary of State at Albany, in volume 92 of Colonial
Manuscripts at page 122. Copies of it are in the 4th Volume of the Documentary History of New York at page 574; in Volume 3 of Belknap's
New H-ampshire, page 389; and in Slade's Vermont State Papers, page
19,-all with the date of July 20, 1764. That date is also given in all
histories that treat of the matter. The date of the declaration of American independence might as well be stated to have been the 20th of July,
as that of the king's order to have been the 4th of that month.
TIIE NEXT SPECIFICATION of Mr Dawson is as follows:
" 4.-In the same Petition and Remonstrance, reference was made, as
duly recorded by the Clerk of the Convention, on the Minutes of the Convention, reference was malde to the aggregate body of " Land Traders"
whom the Vermnontese were then resisting: in the reconstructed Minutes, by interpolating the words'" of New York," those who have controlled the volume before us have managed to secure a new weapon for
their use, in their contest with the phanltoms, from Newt York, which
have so long haunted them."
The words "reference was made" seem to have been interpolactec in this
specification. Should not Mr. Dawson call somebody to account for this
act of re-construction? If the reader will examine'the publication complained of, he will findl that the phrase " Land Traders of NXew York" is
used three times in the Petition, twice on page 17 and once on page 18.
In the first instance, " the l[onojpolizing Land Traders of New York" are
charged with being ilnstrulnental,-after the petitioners had obtained andC




xii       Additions and Corrections to Vols. I. and II.
settled on grants from New Hampshire,-in procuring the king's order
of July 1764 changing their jurisdiction to New York. In the second
place, that " the Land Traders of New York Petitioned the then Governor
of that Province for grants of Land", and obtained grants of lands occupied by the petitioners. In the third instance, the petitioners speak of
"the unhappy diszputes which have happened between those Land Traders
of New York" and the petitioners. The words above given in Italics are
exact quotations from the petition.
The pith and substance of this complaint (No. 4) is, that by inserting
the words " of New York" after those of " Land Traders", one time too
many, " those who have controlled the volume" have constructed "a new
weapon" with which to combat New York. It must be a sufficient answer to this complaint, that the weapon, whether useful or not in a fight
with New York, is by no means a new one, but is a weapon that was in
existence a long time before the Society's publication was thought of.
In Slade's Vermont State Papers, published in 1823, pages 61 to 64,
the Petition will be found with the words " Land Traders of New York"
inserted three times precisely as in the Society's publication. The Petition is also printed in the Rural Magazine, published at Rutland, Vt., by
Dr. Samuel Williams, for the month of May 1795, (Vol. 1, p. 259,) with
the obnoxious words " of New York" following " Land Traders" in all the
places where it is found in the Society's volume. The complaint therefore of the critic, that "those who have controlled the volume before us
have managed to secure a new weapon for their use, in their contest with
the phantoms from New York," is altogether unfounded, the weapon being at least seventy-five years old.
It seems not a little remarkable that Mr. Dawson, who had the State
Papers of Mr. Slade before him, while he was preparing his criticism, as
will hereafter be seen, should have failed to look into the Petition in that
volume. If he had done so he would have seen that the Society's Committee had nothing to do in constructing the supposed new weapon, and
might thus have been spared the unpleasant duty of making a false charge
against them. That he heedlessly neglected to notice so obvious a source
for information on the subject, certainly cannot serve to strengthen any
reputation he may now have for being a thorough and impartial searcher
after historical truth.
But there could be no motive whatever for " those who controlled the
volume" to insert the words of New York in the manner complained of,
for their insertion or omission could not alter the sense of the Petition in
the slightest degree. Mr. Dawson has not condescended to state in
which of the three places of the Petition the words "of New York" have
been'interpolated. It could not have been where the Land Traders were
first mentioned, because it would have then been indispensable to state
what Land Traders were intended, and the words "of New York" would be
necessarily used. It could not have been in the second instance because




Vol. I. of Collections Vindicated.             xiii
the words " that Province," which follow " Land Traders" in the sanie sentence, could refer back to no other word but "New York" which mnust
have been previously used. It must, then, have been in regard to the
third in which the offense was charged, aind what is the offense? It is
this, that after the term "Land Traders of New York" had been twice
used in the Petition, the same Land Traders had in Mr. Dawson's manuscript been designated as " those Land Traders," and that the Conmmittee had improperly added to " those Land Traders" the obnoxious words
"of New York." Every one will readily see that "those Land Traders" of
Mr. Dawson were the identical " Land Traders of New York" which had
been previously mentioned, and that the additional words " of New
York" did not and could not change the meaning of the language in
the slightest degree. But if the additional words had been newly inserted, as charged by Mr. Dawson, the idea that they could in any
way have been used as a "weapon" against New York must be set
down as a mere "phantom" of the critic's own "haunted" ilagination.
SPECIFICATION NO. 5 is in the following words:
"5.-The official signatures of the Chairman and Secretary of the )orset Convention of the sixteenth of January, 1776, which this version of
the Minutes presents, in the record of the same Petition and IRemonstrance, at the foot of the nineteenth page of this volume, are not in the
original Minutes, as left byy the Secretary who wrote them; and, to those
who are unacquainted with the facts, this strange error, of either the Editors or the Printer of this volume, will serve to destroy the usefulness
of the entire entry, and to mislead those who are groping, in this dark
subject, for the exact truth of the matter."
The Italics in this quotation, as well as the capitals, are the critic's, not
ours. In making this charge, Mr. Dawson must have forgotten to tr i:.
even his " merely casual glance at the teachings of this reconstructed racord," with which he commenced his notice of it, for the oharge is wholly
without foundation in fact. The conclusion of " the Petition and Remionstrance" is, indeed, on the 19th page, but it ends with the words, "as in
duty bound, your honors' petitioners shall ever pray," without any signatures whatever-" official" or otherwise. It is followed, near "the foot of
the nineteenth page," by the proceedings of the convention which adopted
it, which proceedings are concluded and certified towards the m1iddle of
the succeeding page. The publication, in this respect, is entirely without error. The proceedings of the convention of January 16, 1776, are
given precisely as found in Slade's State Papers and in the Rural Magazine before referred to, and word for word as copied by Judge Phelps
from the manuscript before described, and which is presumed to be that
which is now in the possession of Mr. Dawson. We venture to say that
if he will allow the Society's publication to be compared with his own
manuscript, it will be found to agree with it verbatim, et literatim.




xiv       Additions and Corrections to Vols. I. and IL
If the absolute falsehood of this charge was not seen by Mr. Dawson,
he at least made it without any examination into its truth, and with a
heedlessness of the reputation of others which cannot entitle him to any
special commendation as a model of historical research and fairness. I-He
must at least be content to accept for himself the sentence he so flippantly
passed upon the Editors, and admit that this " strange error"' of his should
serve to destroy the usefulness" and credit of his "e entire" article.
The following is the next SPE:CIFICATION in order:
"6.-The interpolation of a line, assigning a motive for the sudden attempt of HIeman Allen to withdraw the insurgents' Petition and Remonstrance from before the Continental Congress, was simply a piece of impertinence on the part of the Editors and is a fraud on those who shall
read these re-constructed lMinutes: there is no suchL reason assigned, in
the real Minutes, as written by the Secretary of the Convention."
Doubtless a reader of these strictures of the critic would infer from his
language that the Editors he mlentions had inserted in their publication
certain words which did not belong there, in such a manner as to give
their readers to understand that they formed a part of the original journal.
They have done no such thing. They have inserted words between
brackets-[thus]-as an indication that perhaps an omission had been
made in the journal, which those words would supply. This practice is
quite too common to deceive any one. It is indeed always understood to
amount to a statement that the words thus included in brackets do not
form a part of the text, and it is presumed that few persons othei than
Mr. Dawson-and he perhaps only in an elmergency-wAould think of
founding a charge of fraud upon it.
iHeman Allen had been charged with the presentation of the petition
of the 16th of January 1776 to Congress, and his account of his proceedi, s with it was entered on the journal of tlhe convention of the 24th of
July following. tHis statement of the withdrawal of the petition, thus entered, closed with the words, "the Petition not being ready at hand at
that time," which seemed inconsistent with the facts, first, of its being in
the possession of Congress and not of Mr. Allen at the time alluded to,
and second, of its withdrawal. On recurring to the journal of Congress
it was found that that body, on the 4th of June 1776, passed a resolution
in relation to it as follows:
"Resolved that Heman Allen have leave to withdraw the petition by hiin
delivered in behalf of the inhabitants of the New Hampshhire Grants, he
repjresenting that he has left cat 7toize somne pacjers ca,)d votuchers, necessary to
suppor"t the allegctions therein cotcained."
It of course occurred to the "Editors" that Mr. Allen would report to
the convention the statemenit lhe had made to Congress, and therefore
it was " the papers and vouchers" mentioned in the resolution of Congress, rather than the Petition, which he said were " not at hand", and




Vol. I. of Collections Vindicated.             xv
for that reason words to such effect were inserted in brackets, when the
conclusion of Mr. Allen's account would be as follows:
[Some papers and vouchers necessary to support the allegations in] " the
Petition not being ready at hand at that time."
For this suggestion in brackets, reference was made to the proceedings
of Congress on the subject in Slade's State Papers and the Early History
of Vermont, so that every reader might know on what authority it was
made and judge for himself what credit ought to be given to it. It is of
very slight importance whether the suggestion be considered as entitled
to credit or not. It is but a mere suggestion and certainly furnishes no
ground on which to predicate a charge of fraud.
SPECIFICATION -No. 7.-In the proceedings of the Dorset convention
of Sept. 25, 1776, which cover ten pages of the Society's publication, in
which the names of fifty-one members and of thirty-five towns which they
represented are given, Mr. Dawson has been able to find barely one
grave error, and it is this, that Mr. Abraham Ives, instead of representing
Wallingford, really represented N. Wallingford. I-Ie announces his important discovery of this offensive act of retsconsitruct  ion in the following
grave language:
"7.-In the Dorset Convention of the twenty-fifth of September, 1776,
" Mr Abraham Ives" really represented " N. Wallingford," wherever that
town may have been; not " Wacllingforcd', as these re-constructed Jinutes would have us suppose."
Well, all we can say about it is that we have h eard of but one township
of Wallingford in Vermont, and that in the list of members and towns of
this convention in Slade's State Papers, (p. 66,) and also in a similar list
in the Rural Magazine, published in 1795, (Vol. 1, 309,) Mr. Abraham
Ives is made to represent Wallingford precisely as in the Society's publication, and not 1Y. Wallingford. As our critic requires N. Wallingford
to be represented, " zohe'rever that town may have been," it seems he would
have us suppose that Vermont was honored on that occasion by a carpetbagger from some other state. Somewhat careless work this, for a critic
in history.
The seven remaining specifications of error discover ed by Mr. Dawson,
relate to the convention of January 15th, 1777, at which the independence
of the New Hampshire Grants was declared. At the commencement
of the journal of this convention as given in the Society's publication
(p. 37,) it was stated that a part was taken from Slade's State Papers and
the residue from the manuscript furnished by Judge Phelps. Ira Allen
was the clerk of the convention, and the manuscript of Dr. Fay, from
which Judge Phelps copied, does not purport to have been recorded by
Dr. Fay, but to be a copy from that of Ira Allen, as may be seen at p. 42.
Judge.Phelps did not copy froln Dr. Eay's manuscript that portion of the




xvi       Additions and Corrections to Vols. I. and II.
proceedings which had been printed in Slade, but made notes of the
points in which he saw they varied, and from his notes a few supposed
errors of the type in Slade were corrected. In a single instance, of no
great importance, the text in the State Papers was preferred to the copy
of Dr. Fay, for reasons which will be given hereafter.
In further proof of the supposed dishonest purposes of the Editors of
the Society's publication, Mr. Dawson insists that they have made two
men represent one town in the convention, when in reality they were the
representatives of two-each of a separate town. This grave charge is
introduced as follows:
" 8.-In the Westminster Convention of January 15, 1777, this version
of the Mlinutes of that body would have us believe that "Lt. Leonard
Spaulding " and "Lt. Dennis Lockland" jointly represented " Dummerston,7 and that the town of " Putney " was not represented in that Convention, by any one: the fact is, that "Dummerston" had only one Deleg(ate-" Lieut Leonard Spalding "-; that "Putney" was represented in
the Convention; and that "Lieut Dennis Lockland" was her Delegate,
instead of Dummerston's."
We are very glad Putney as well as Dummerston was represented in
this convention. It adds to its importance by showing that a larger
number of towns participated in making the declaration of independence
than had been supposed. Thanks to the critic for furnishing the " Vermontese" with this " new weapon for their use in the contest with the
phantoms from New York." The error in the publication was copied
from Slade's State Papers, where we suppose it must have been innocently
made, by either the copyist or the printer. Lest Mr. Dawson's authority
be doubted, we add that in this case he has stated the fact. The Vermont Almanac and Register for 1795, printed at Windsor by Alden
Spooner, confirms Mr. Dawson's statement.
SPECIFICATION:NO. 9 charges that Joseph Williams and not "Josiah"
Williams represented Pownal in this convention, which is doubtless true,
as we find the name given as Major Joseph Williams by both Slade and
Spooner. "Josiah " was a wrong reading of the manuscript copy, not
chargeable to the Editors.
Mr. Dawson's next SPECIFICATION is as follows:
"10.-The re-constructed Minutes of the same Convention present a
formal introduction of seven lines, to the Report on what is, in. fact, Vermont's Declaration of Independence-certainly, as far as Vermont is concerned, an instrument of the first importance, as material for historythe original Minutes of the Convention itself, which constitute the original record of the paper, presented no such introductory matter, nor any
other-our friends of the Committee to the contrary notwithstanding."
It was stated by the Committee at the commencement of the proceedings of this convention of January 1777, at page 37, that the part of the
journal, which is here complained of, was copied from Slade's State Pa



Vol. 1. of Collections Vindicated.            xvii
pers, and if Mr. Dawson looked into the declaration of independence as
printed in that volume: he must have found those seven lines precisely
as in the Society's publication. He was not a stranger to Mr. Slade's
work. In his subsequent specification, No. 12, he speaks of Mr. Slade's
" well known Vermont State Papers," and proceeds at once to make an
important quotation from that work. The first six lines of the quotation
are from the same page (69) on which the above "'formal introdtrction" complained of is printed. We are, therefore, justified in assuming that Mr.
Dawson did know, very well knew, that his proscribed introductory matter had been in print in that " well known" work for nearly fifty years.
But with this knowledge he chose to treat the origin of those seven lines
as a mystery, and to speak of them as if his "' friends of the committee "
had surreptitiously foisted them, for some sinister purpose, into their volume. He asserts positively, that " the original minutes of the convention presented no such introductory matter. " We deny his authority
thus to speak. We deny that he has in his possession the original minutes of this convention, and therefore controvert his assertion that the introductory matter was not in the original minutes. We confidently
believe it was there, and shall continue in that belief until Mr. Dawson
proves the contrary by the production of the original minutes.
We suppose the manuscript, which Mr. Dawson calls the original minutes, is the book of Dr. Fay which was seen and copied by Judge Phelps
as before stated. Of this convention of January 1777, Ira Allen and not
Dr. Fay was the Clerk, and at the end of its proceedings in Dr. Fay's
book,.as copied by Judge Phelps and printed in the Society's volume,
page 42, it is certified, not as the original minutes, but as " A true copy
from the original."
The introductory matter complained of is in the following words:
" To the honorable convention of representatives from the several towns on
the west and east side of the range of Green ]f~ountains, within the NewHampshire Grants, in convention assembled:
Your committee, to whom was referred the form of a declaration setting forth the right of the inhabitants of said New Hampshire Grants
have, to form themselves into a separate and independent state, or government, beg leave to report, viz.:"
That these introductory words were in the report as originally made to
the convention there can be no reasonable doubt, and we think as little
that they would be copied into the journal, as was the introductory matter to the report of another committee on the next page of the journal.
This " formal introduction" is found in a copy of the proceedings published as long ago as 1823. It seems much more likely that they were
omitted by Dr. Fay in his copy from Ira Allen's minutes, either by accident or from the belief that they might be properly left out, than that
any one had undertaken to prepare them without authority to be inserted in Mr. Slade's publication. They were, indeed, merely formal, and
3




xviii      Additions and Corrections to Vols. I. and II.
do not alter the meaning of the proceedings in any degree whatever, and why Mr. Dawson, even if he had been ignorant of their antiquity, should undertake to magnify their insertion in the Society's volume into an offence against historical integrity, is a question which he
alone can solve.
The next CI-IARGE OF RECONSTRUCTION is as follows:
11. -"In the same important instrument, as originally recorded, a
most important extract from the Journals of the Continental Congress,
certified by the Secretary of that Congress, was introduced, as the foundation of the Convention's proposed action on that subject; in the reconstructed Minutes, the record of that resolution is changed in its terms,
and the verification of the Secretary is altogether omitted -a curious
and significant coincidence.. The part of the Society's work, here complained of, is copied literally
from Slade's State Papers without diminution or addition, as Mr. Dawson
well knew, and if it contains evidences of "reconstruction," he also
knew they were of too great antiquity to be chargeable to the committee
of publication. The "important extract from the Journals of the Colntinental Congress " is the resolution of that body of May 15, 1776, which
is copied from Slade in the following words:
Resolved, That it be recommended to the respective assemblies and
conventions of the United Colonies, where no government sufficient to
the exigencies of their affairs, has been heretofore established, to adopt
such government as shall, in the opinion of the representatives of the
people, best conduce to the happiness and safety of their constituents in
particular, and of America in general."
Mr. Dawson's charge is quite indefinite, but on thorough examination
we.are satisfied it can be no other than the discovery by him, after diligent search, that the word heretofore which precedes the word established,
in the resolution, and which is thus copied from Slade, is printed hitherto
in the Journal of Congress. We are unable to find any other change in
the terms of the resolution. To be sure this does not make the slightest
change in the meaning of the resolution, the governments which had
been "heretofore established" being those and those only which hact been
"hitherto established." But Mr. Dawson considers this altogether harmless change made in print nearly fifty years ago, which there could never
have been any motive for making, and which could not have been otherwise than accidental, as of sufficient importance to sustain a charge of a
dishonest purpose in "his friends of the committee. " The committee
he would insinuate wickedly changed the terms of the resolution by substituting the word heretofore for hitherto, and then to soften their condem-.
nation if detected, suppressed the Secretary's verification of the resolution, which is in Slade (77,) but not in the report quoted from Slade (69).
These two acts, we suppose, constitute the pith and point, if there be any,
of the "'curious and significant coincidence" with which his charge concludes; and all this, when Mr. Dawson had full knowledge that the comn



VTol. L. of Collections Vindicated.           xix
mittee had nothing to do in originating the changes of which he
complains. He must have been extremely anxious to discover an occasion for fault finding, or he could never have resorted to so flimsy a
pretense for it.
CHARGE No. 12.-Mr;. Dawson in his specification No. 12 makes a
quotation of some length from the declaration of independence of the
New Hampshire Grants, as printed in Mr. Slade's work, which he styles
Mr. Slade's " well known Vermont State Papers," to show that the new
State was therein called " New Connecticut alias Vermont," and he also
refers to the beforementioned manuscript from which Judge Phelps copied as containing the same two names, in which he is doubtless correct.
In the copy in the Society's volume the words "alias Vermont" were
omitted and in their plac.e were inserted two brackets, and between them
was a sufficient space to contain the words, with a reference to a foot
note, thus-[     1      ]-which note was as follows:
" Here in the copy in Slade's State Papers the words alias Vermont are
inserted; but that they could not have been in the original declaration
appears from the subsequent use of the name New Connecticut alone,
and from the proceedings in the convention of the 4th of June following,
where the name was changed to Vermont. Z. Allen's Ft., p. 79, and
H. Hall's Vt., p. 239, 297."
Mr. Dawson discovers, in this suggestion of error in the two copies of
the declaration, a very great outrage. Hlie says that both the before mentioned copies - from Slade and Phelps - were "before the committee
when it issued this reconstructed record; and we confess," he says, " we
are not acquainted with the principle which warranted the committee, in
the face of the two distinct copies of the original, to not only omit from
its version of the Minutes the words " alias Vermont," but to discredit
the fidelity of the only text which it employed, by doubting the existence of the words elsewhere," and he concludes his condemnation of
this act of the committee, with the sad reflection that " Such is Vermont
7history, as written by Vermont historians. "  There was certainly no attempt of the committee in this case to practice a deception in regard to
the name, and whatever may be thought of the credit to which their suggestion -that the alias Vermont was not in the original declarationis entitled, it is presumed there are few persons besides Mr. Dawson who
will be disposed to treat it as furnishing ground for any special stigma
upon Vermont or Vermont historians.
We will now proceed to give, as briefly as we can, some reasons for the
belief that the words alias Vermont were not in the original declaration.
In the language found in the Vermont State Papers and quoted by Mr.
Dawson, the territory of the New Hampshire Grants " is hereby declared
forever hereafter to be considered as a separate, free, and independent
jurisdiction or state; by the name, and forever hereafter to be called,
known and distinguished by the name of _ea Coqneticiwt, alias Vermont."'




xx        Additions and Corrections to Vols. I. and II.
The idea that the convention should solemnly resolve and enter on their
record of the formation of a new state for all time, that it should forever
thereafter have and be called by two names, or by either of two, as any
and every person pleased, is, certainly, in a very high degree improbable.
We suppose it more probable that the first name of the state was New
Connecticut only, and that after the name had been changed to Vermont,
the words alias Vermont were added by way of explanation that New
Connecticut had become Vermont, and without the expectation that the
added words would be treated as part of the original record. That
the " alias Vermont " could not have been in the original declaration
seems to be very clearly indicated by the evidence referred to in the foregoing note, which we will now introduce:
1.-The declaration was adopted by the 10th vote of the convention,
after which New Connecticut is twice given in the Journal as the name
of the State, and no further mention is made of Vermont,-thus:
"12th. Voted, That the Declaration of New Connecticut be inserted in
the newspapers.
13th. Voted, That Captain Heman Allen, Col. Thomas Chandler, and
Nathan Clark, Esq., be a committee to prepare the Declaration for the
Press as soon as may be.
14th. Voted, That Doct. Jonas Fay, Col. Thomas Chittenden, Doct.
Reuben Jones, Col. Jacob Bailey and Capt. Heman Allen be the Delegates to carry the Remonstrance and Petition to the Hon. Continental
Congress and further to negotiate business in behalf of New Connecticut.'7-Vt. Hist. Collections, Vol. 1, p. 41.
2.-The revised declaration, as prepared for the Press in pursuance of
the 13th vote of the convention, was published in the Connecticut Courant for March 17, 1777, which revised declaration concludes in these
v ords, " The said State hereafter to be called by the name of New Connecticut."-Ibid, p. 47.
3.-The January convention of 1777 adjourned to meet at Windsor the
4th day of the following June. The proceedings of this convention commence as follows:
" NEEW HAMPSHIRE GRANTS (aliacs) 
NEW CONNECTICUT.             \ Windsor, June 4, 1777.
Convention opened according to adjournment, &c."-Ibid, p. 48.)
The following are extracts from the Journal of the further proceedings
of this convention; which were altogether inconsistent with the supposition that the name Vermont could have been in any way used at its previous meeting.
" STATE OF VERIMONT,          a
In General Convention, Windsor, June 4, 1777. S
Whereas this convention did at their session in W'estminster, the 15th
day of January last, among other things declare the district of land coinmonly called and known by the name of the New Hampshire Grants to
be " a free and independent state capable of regulating their own internal police in all and every respect whatsoever, and that it should thereafter be known by the name of 2Vew Connecticut.  *  *  *    -   -




Vol. I. of Collections Vindicated.           xxi
*   *    and W7Tereas, this convention have been informed that a district of land lying on the Susquehanna river, has been heretofore and is
no  known by the name of New Connecticut, which was unknown to
them until sometime since the declaration at Westminister aforesaid;
and as it would be inconvenient in many respects for two separate districts on this continent to have the same name:
Resolved, Therefore, unanimously, that the said district described in
the preamble to the declaration at Westminster, aforesaid, shall ITow
hereafter be called and known by the name of VERMnONT."-Ibid, p. 50.
Afterwards at the same convention the question was proposed whether
the members would proceed to business on the former declaration at
Westminster, " with this alteration only, that instead of New Connecticut
the said district should ever be oknown by the name of Vermont," and it was
voted by the 71 members present in the affirmative.-Ibid, p. 51.
The official proceedings of these two conventions, of January and June
1777, seem conclusively to show that the first name given to the state
must have been New Connecticut only, and that afterwards the name Vermnont was substituted for it.
4.-Further, Ira Allen, who, as we have seen, was clerk of the January
Convention at which this declaration of independence was made, gives
in his History of Vermont the substance of it in nearly the same language as it is in Slade's State Papers, in which it is declared that the
state is " to be forever hereafter called, known and distinguished by the
name of New Connecticut,  without any mention of Vermont. Mr. Allen also afterwards says that the name Vermont was given to the state
by Dr. Thomas Young of Philadelphia, and that the delegates of the January convention, who had been appointed to present their declaration to
the Continental Congress,-" Fay, Chittenden, Allen and Jones,-returned from Congress, without the decision of that body on their petition
in behalf of the inhabitants, and broughlt with them Dr. Young's letter
printed and published at Philadelphia, addressed to the inhabitants of
VERMIONT."-Allen's Vt., 79,86, andc Vt. Ilist. Collections, Vol. 1, 375, 379.
The true history of the change of name is doubtless the following:
When the delegates arrived at Philadelphia they learned that the name
New Connecticut had already been appropriated for another territory,
and saw the necessity of changing it. On consultation with Dr. Young
they approved of his recommendation of the name Tern)mont, and agreed
to favor its adoption. In their petition to Congress, which was presented
the 8th of April 1777, they did not, therefore, mention any name for their
new state. Doct. Young's letter, with which they returned to Vermont,
bore date the 11th of April 1777. All the delegates were members of
the following June convention, and participated in making the change
of the name of the state from New Connecticut to Vermont agreeably
to their previous understanding with Dr. Young.
We have perhaps occupied more space in the consideration of this
question than it deserved. It has nothing whatever to do with the old




xxii      Additions and Corrections to Vols. I. and II.
controversy between New York and Vermont, for as regarded that, the
name assumed by the new state was quite immaterial. We are unable to
account for Mr. Dawson's hot indignation at the innocent suggestion of
the committee of publication in this matter, but upon the supposition -
which indeed derives support from what he has long been attemptingthat he considers himself engaged in a mission to discredit and condemn
all'Vermont history whatever.
We trust sufficient evidence has been adduced to show that the suggestion that the first name of the new state was 2New Connecticut, without
an alias, was not rashly and inconsiderately made.
Mr. Dawson's 13th COMPLAINT is as follows:
"13.-The latter part of the Report or Declaration of Vermont's Indepen.dence, is so perfectly muddled - there are not less than five serious errors, affecting the sense, within the last six lines - that no one
except an expert in Vermont history, can possibly understand it, accurately."
The language in the Society's Volume is the same as in Slade's State
Papers, and as we are unable to discover the "five serious errors " spoken
of, we pass over this specification without further notice.
The final crushing CHARGE OF RECONSTRUCTION is as follows:
" 14.-Messrs. John Sessions and Simeon Stephens were the two Representatives from Cumberland County, in the convention of the State of
New York, whom the insurgents in Vermont directed to withdraw from
that body; Messrs. John Sessions and Simon Stephens, are said in this
reconstructed record, to have thus officiated as such Representatives, in
the Legislature of New York, of which State Vermont was then a part."
We take issue with Mr. Dawson and say, that Simeon Stephens was not
a member of the New York Convention, as asserted by him, but that Simonm0; Stephens (or rather Simon Stevens, as the latter name was usually
spelled,) was. And for proof we refer him to volume 1, page 515, of the
Journal of the New York Convention published at Albany in 1842, where
in the Journal for July 9, 1776, he will find the following entries, viz.:
" The Deputies from Cumberland county attending, produced a certificate, signed by James Clay, chairman of the county committee, and dated at Westminster the 28th of June last; whereby it appears that Colo.
Joseph Marsh, Simon Stevens and John Sessions, have been duly elected to represent said County in this Congress, and invested with full
powers of legislation, &c.
Ordered, That the Deputies from    Cumberland county take their
seats."
It appears also from ]B3 HE. Hall's History of Eastern Vermont, pages
258, 263 and 787, that Simon and not Simeon Stevens was the delegate to
the New York convention, whom the Vermont convention of January
1777 "directed to withdraw from that body." 13. H. Hall gave many particulars in the life of Simon Stevens, and among them his residence in
Springfield. Simon Stevens represented Springfield in the -Vermont




Vol. L of Collections Vindicatedo            xxiii
State Convention of January 1791, which adopted the Constitution of
the United States. The delegates signed the resolution of adoption, and
the original paper, with the autograph of Simon Steverns, is in the possession
of one of the " Editors " of the Society's publication. So much for the
overweening confidence of Mr. Dawson in Simeon Stephens, and in his
own infallibility.
We have now gone through with the examination of all the evidence
brought forward by Mr. Dawson to fasten upon the Vermont Historical
Society the charge of undertaking to impose upon the public a false and
fraudulent account of the early proceedings of the people of their state,
in order, as he would have his readers believe, that their conduct towards
the government of ~New York, in their ancient controversy, might appear in a more favorable light than the facts as they really existed would
warrant. We have seen that he has utterly failed to adduce a particle of
proof to sustain the charge; that the most important of the changes alleged by him to have been made from what he calls " the original record,"
have no existence in point of fact, and that the residue are so trifling
and insignificant as to preclude any supposition that they could have
been made for any sinister purpose whatever, consisting of such changes
as the substitution of one vowel for another in the spelling of the first
or second name of some unknown person; by the use of one figure for
another in a date of the month, or the omission or the insertion of an
unimportant or synonimous word, which makes no alteration in the
meaning - all of which changes any unprejudiced reader, if he noticed
them, would at once have set down as accidental errors of the copyist
or of the type - such errors indeed as an industrious critic might find
in the most carefully prepared work- such as are, in fact, found in Mr.
Dawson's own criticism quite as frequently as in the pages of the Society's publication which he condemns.
The hostile temper of Mr. Dawson towards ".the Vermontese," and
his predetermination to find something to complain of against them, are
as clearly exhibited in the language of his criticism, as its destitution of
facts to sustain it is shown to have been. The standing program of his
Magazine, which is printed on its covers, states that it will contain,
among other things, " Carefully prepared andc impartial notices of New
Books and Engravings, especially those relating to the History, Antiquities or Biography, of America." If his present article on the volume
of the Vermont Historical Collections is to be taken as a fair specimen
of his " carefully prepared arid impartial notices of new books, " the aid
to be expected from this department of his Magazine' in the elucidation
of American history cannot be very great.
After the full exposure which has been made of the fallacy of Mr Dawson's criticism, it may be pleasant to read his concluding tirade against
Vermont history and Vermont historians. It is as follows:




xxiv      Additions and Corrections to Vols. I. and II.
"There are many other errors which we have not space enough to alluide to; but we have said enough to show how entirely useless this portion of the volume is, as an authority in historical inquiry. It may serve
tihe purpose for which it was probably intended among those who read
the history of Vermont from the Vermontese stand-point; but to those
who read history for the purpose of ascertaining what the truth is concerning, those, within the recognized territory of New York, who refused
obedience to the laws and public officers of the state of which they
openly professed to be citizens-of those in fact, who led all others in
the grave offence of secession from a recognized government, exercising
legal and publicly-recognized authority over them, some other authority
will be requisite. These, probably, will not be contented with either
Vermont history or Vermont historians, as the former is now written,
and as the latter now write. "
This is not a proper occasion for discussing with Mr. Dawson the merits of the old controversy between Vermont and New York, which ended in the acknowledgement of the independence of the former by the
latter. Mr. Dawson, as often as he has taken occasion to assail Vermonters and'Vermont history, has never got beyond the argument that is
stated in the above paragraph, that the Vermonters were criminally
wrong, because they " refused obedience to the laws and public officers
of the state of which they openly professed to be citizens. " It does not
seem ever to have occurred to him that there might be an important
question beyond that, viz.: Whether the actual andc threatened oppressions
of the New. York government were not such as to justify their disobedience?
He does not appear to see that this question arises in the case of New
York against Vermont precisely as it did between Great Britain and her
colonies, and that Vermonters did not, as he states, take the lead of " all
others in the grave offence of secession from a recognized government,
exercising legal and publicly-recognized authority over them," but only
followed the exanmple and lead of the American colonies in their secession from Great Britain,-the secession of the colonies having taken place
July 4, 1776, while that of Vermont did not occur until the following
January. In this and such like condemnation of the Vermonters, he
merely repeats the argument of the old English Tories against the
colonists, who equally with the Vermonters had refused obedience
to the laws of a " recognized government" to which they acknowledged
themselves to be legally subjected. If Mr. Dawson should ever get beyond the point of calling the Vermonters hard names, and should undertake to show that the conduct of the New York government, in
endeavoring to deprive the Vermont settlers of the lands they had honestly purchased and improved, for the benefit of a set of New York city
speculators, was right and just, and ought to have been submitted to, we
shall be glad to see his evidence and read his argument. We are inclined to think he would find it rather an ugly business, and that he will
not venture upon it.
We are well aware that in any controversy with the Editor of the His



Additions and Corrections to Vols. I. and IL.     xxv
torical Magazine, we Vermonters stand on greatly unequal terms. His
article is extensively circulated through the country, while this refutation of it will be seen by comparatively few persons. His hitherto unceasing hostility is not likely to be conciliated by this expose of the
injustice and absurdity of his attacks, and we may expect a continuance
of them, with perhaps increased violence. We shall probably be content to rest under any further imputations he may cast upon us, without
reply. His seemingly uncontrollable propensity to impugn the motives
and assail the integrity, as well as to misrepresent the conduct and arguments of those who fail to concur in his opinions and share his antipathies, cannot but be well known to his readers, and we confidently trust
they will be prepared to make due allowance for this unhappy weakness
of his, and will estimate what he may say at just about its actual value.
RIEDESEL.-Almost uniformly this name has been printed in both
volumes-" Reidesel "-erroneously.
VOL. I., xviii.-The officers were elected in October, 1869; and by
an act of the General Assembly, Nov. 9, 1869, the Secretary of State,
GEORGE NICHOLS of Northfield-the Auditor of Accounts, DUGALD
STEWART of Middlebury-and the State Librarian, CHARLES REED of
Montpelier, were made ex officio Members of the Society, and of the
Board of Curators thereof. Pursuant to this act, the ex officio Members and Curators, for the term from October 1870 to October 1872, are
GEORGE NICHOLS of Northfield, WHITMAN G. FERRIN and CHARLES
REED of Montpelier.
VOL. I., 10.-The word "prosecute," line one, should probably be proceed.
VOL. I., 11.-Article third of Warrant-see VOL. II., x.
VOL. I., 37.-In the list of Members of the Westminster Convention
Lieut. Leonard Spaulding should have been printed as sole Member for
Dummerston, and Lieut. Dennis Lockland as Member for Putney. In
the same Convention, Major Joseph Williams, and not " Josiah," was
member for Pownal.-VOL. I., 38. See VOL. Il., xvi.
VOL. I., 40.-The reference, note 1, should be to H. Hall's Early History of Vermont, 239, 497.
VOL. I., 74.-Verse 22 of the 31st chapter of Job is evidently omitted,
and the word " lift" in v. 21 should be lifted. The discourse was extemporaneous, and the copy for the printer originally was by the author confessed to be " hurried into the world," and " undigested."
VOL. I., 113.-The title page there inserted was either from an edition
subsequent to-the first, or supplied by conjecture to an imperfect copy.
By another favor of Hon. JAMES H. PHELPS of West Townshend, a
true copy has been furnished. The reader will observe that the title was
really an introduction to and explanation of the purpose of the phamphlet. The true title was as follows:
*4




SOM     E
MISCELLANEOUS REMARKS,
A N   D
SHORT ARGUMENTS,
ON A
SMALL PAMPHLET,
Dated in the CONVENTION of the REPRESENTATIVES of the
STATE of NEW-YORK, October 2, 1776, and sent from said
CONVENTION to the County of CUMBERLAND,
A N D
AND
Some REASONS given, why the District of the New-Hampshire
Grants had best be a STATE.
By IRA     ALLEN.
Printed by EBENEZER     WATSON, near the
GREAT BRIDGE.
M. DCCLXXVII.




Additions and Corrections to Vols. I. and II.     xxvii
VOL. II., 14.-The extract from the London Courant of April 23, 1782,
referred to in the text, is the same as the extract from a letter dated Jan.
5, 1782, and transmitted to the New York Assembly by Gov. Clinton.
It will be found on pages 257-258 of this volume.
VOL. I., 412-413. and VOL. II., 94, 97.-Henry B. Dawson's Historical
Magazine, for Jan. 1871, contains a copy of the record of the Charlestown
Convention of January 1781, which was furnished by Captain IW. F.
GOODWIN, U. S. A. It shows that LUKE KNOWLTON was an active
member of the Convention, and the name of STEPHEN R. BRADLEY
does not appear in it. Knowlton was in Philadelphia, as agent of the
adherents to New York in Windham County, in September 1780, when
the scheme for the East Union was devised. STEPHEN iR. BRADLEY and
IRA ALLEN were there at the same time. Allen alone was sent by the
Governor and Council to the Charlestown Convention, with credentials
as delegate from the town of Sunderland, and was very influential in it,
though he did not act as a delegate. It is pretty certain, therefore, that
IRA ALLEN and LUKE KNOWLTON were the originators of the East
Union of 1781. The record of the Charlestown Convention is reserved
for VOL. III.-See Early History, 312, 337-338.
VOL. I., 394, 413. VOL. II., 56, 97-99.-The "Mason Grant" or "line,"
so often referred to, is in no place described except as extending sixty
miles from the seacoast. Nov. 3, 1620, King James granted all of North
America between the fortieth and forty-eighth degree of latitude, and
extending from the Atlantic ocean to the Pacific, to the Council of Plymouth, a land company composed principally of English courtiers and
merchants. ThisCouncil made several grants to Captain John Mason,
and to himin company with Sir Ferdinanelo Gorges: 1st, MASONIA,
March 9, 162215' %etween Naumkeag (or Salem river) and the Merrimac,
extending to the head of the latter; 2d-"PRO'fINCE OF MAINE, Aug. 10,
1622, between thli Merrimiac and the Sagadahoc (Kennebec) rivers, running sixty miles Trom the sea coast; 3d, NEW HAMPSHIRE, Nov. 1,
1629, the territory between the Merrimac and the Piscataqua rivers,
extending to the head of the first and sixty miles up the last named
river; and 4th, LACONIA, Nov. 17, 1629, which seems to have extended
westward from the then granted Province of Maine to the centre of
Lake Champlain-thus embracing about two thirds of New Hampshire
and Vermont, and also Canada to the north bank of the St. Lawrence.
None of these grants were perfected, however, except the 8d, NEW
HAMPSHIRE, and it is to this that all the references are made in these
volumes. This territory extended, on a strict construction, to the present town of Franklin, N. H., and embraced the counties of Rockingham,
Strafford, Belknap, and parts of Hillsborough, Merrimac, and Carroll.
Hence when Vermont claimed jurisdiction to the " Mason line," the
claim covered all the rest (about two thirds) of New Hampshire.-See
Bancroft's Hist. of the U. S., vol. I., 272; Provincial Papers of New Hampshire, vol. I., 5,12, 38, 40; and New Hampshire Hist. Soc., vol. II., 272.
VOL. II., 5.-Note 4 is inaccurate. There were eleven volumes of the
"STEYENS PAPERS," the eleventh being an index to the preceding ten.
The collection consisted of public documents, letters, &c., copied from
the archives of neighboring States and the United States, and from the
papers of leading men in this and other States, official and private, wherever they could be found. These were chronologically arranged, and
covered the years 1775 to 1791, both included. The volumes for 1775,
1776 and 1777, with the index to the whole ten, are still in the possession




xxviil    Additions and Corrections to Vols. I. and II.
of the State, but the remaining seven were lost in 1857. Copious notes
and abstracts had been previously taken, however, by both BENJAMIN
H. and HILAND HALL, and these were used in the Eastern Vermont of
the former, and the Early History of the latter; so that in fact the substance of the most important papers has been preserved. It is probable
that many of the papers may be recovered, in the collection of the late
PETER FORCE, Esq., now the property of the United States. The volumes entitled " STEVENS PAPERS" were so ca lled to distinguish them
from other volumes of manuscripts collected by the late HENRY STEVENS, senior, of which there were about fifty in all, and among them
were the two folio volumes of the " HALDIMAND PAPERS," now first
printed by the Vermont Historical Society.
VOL. II., 81.-The word " commissions " (so written in the copy) in line
four of Gen. Bayley's letter, should be commissaries.
VOL. II., 110. —The word " excluded" in line five is printed as in the
copy. It should be extended.
VOL. II., p. 132, and note 4; and p. 195, note 1.-The extract on p. 132
is from a journal by Doct. George Smith, (variously written and printed,
Smith, Smyth, and Smythe.) Though he was one of Haldimand's commissioners in the negociation, he was in Albany and vicinity from the 20th
of April to at least the 27th of May 1781, and of course was not present at
the interview on Isle aux Noix May 8-25, 1781. The journal quoted was
intended for Gen. Haldimand, but it was intercepted and a copy sent to
Gen. Washington by Gen. Schuyler in a letter dated May 27th 1781. The
note on p. 195 is therefore wrong. Another paper from Smith was intercepted at the same time, and a copy of it has this endorsement: "A
copy of a letter in Doctor Smyth's handwriting, supposed to Gen. Haldimand. Intercepted 27th of May 1781." See Stone's Life of Joseph Brant,
vol. II., 153, 540-543. Mr. Stone prefixed " Sth of May" as the date of the
last two lines of the extract on page 132 of this volume.
VOL. II., 133, note 3. —or " Roger Enos" read Gen. James Clinton.
VOL. II., 165.-The first signature to the letter to the President of Congress should be Jonas Fay instead of " Joseph Fay." See page 138.
VOL. I., 213, note 2.-The words-See Index to Stevens Papers, 50should have been added.
VOL. II., 243.-" Hinman Swift" probably should be Col. t-eman Swift,
of Connecticut. See 1Records of the Revolutionary War, by W. T. R. Saffell, 433.
VOL. II., 253, 293.-The letter commenced on each page should have the
H. prefixed, being of the Haldimand Papers.
VOL. II., 328.-In the committee on the resolutions of Congress of 5th
December 1782, "Evans " should be Enos (Roger.)
VOL. II., 429.-The reference in blank should be —ost, 448.
VOL. II., 449.-The suggestion that Mr. St. John's signature was St.
John de Creveoeur is manifestly correct. The General Gazetteer (by Doct.
R. Brooks, revised by Rev. Jedediah Morse, 1816,) locates the town of
Crevecoeur in -France, in the Department of the North. Mr. St. John
was for a time consul for France at the port of New York.
VOL. II., 465.-The title of the page should be October Session, &c.




NEGOTIATIONS
B3ETWEEN
VERMONT
AND
FREDERICK HALDIMAND,
GOVERNOR OF CANADA
AND LIEUTENANT-GENERAL AND COMMANDER OF THE BRITISH FORCES THEREIN:
WITH CONTEMPORANEOUS DOCUMENTS.
1779-1788.








PREFATORY NOTE.
Two manuscript volumes of the " Stevens Papers," entitled
HALDIMAND, in the Secretary of State's office at Montpelier, consist mainly of the correspondence and memoranda connected with
the negotiations between Vermont and the Governor of Canada,
from January 11, 1779, to March 25, 1783 —the letter of the
last date, and the last from Gov. Haldimand to Vermont, being
in Williams's History, but not in the "I Stevens Papers."  The
Haldimand Papers," so called, were furnished by HENRY STEVENS, Jr., for his father, from the late JARED SPARKS, who had
them copied from the Papers of Lord Dorchester, in the Royal
Institution in London. The Dorchester Collection itself, says
Mr. STEVENS, was at that time very imperfect. Quite recently
The Haldimand, or Canada Papers, have been discovered -all
carefully arranged and bound, in some three hundred volumes.
They are rich in historic materials, and doubtless contain much
that Vermont does not yet possess concerning her own history. It
is believed, however, from a comparison with the account of the
same transactions in Williams's History,- which was evidently
made from papers then in possession of Gov. Chittenden, Ira
and Ethan Allen, and Joseph Fay, - that Vermont's manuscript
collection of The Hcaldimand Papers, with contemporaneous documents from other sources, will give a substantially correct and satisfactory account of a very interesting and most sharply criticised
episode in the history of Vermont AS AN INDEPENDENT AND SOVEREIGN STATE. For this reason the Publishing Committee was desirous of giving it a place in the Historical Collections of Vermont.
Learning that BENJAMIN H. HALL, of Troy, N. Y., author of the
History of Eastern Vermont, had procured copies of The Haldimand Papers, he was informed of the wish of the Society to place




4                     Prefatory Note.
them among their collections, and invited to arrange and edit them
for this volume. Mr. Hall declined to superintend their publication, but most courteously and kindly presented the committee his
manuscript copies, which, verified by those in the Secretary of
State's office, have been used under the title " HALDIAND
PAPERS," in this volume, following the introduction. The Publishing Committee has arranged them in chronological order, and
added such other documents and notes as were deemed relevant.




INTRODUCTION.
THE first invitation for the reconciliation of Vermont with
Great Britain was made March 30, 1780, by Beverly Robinson,
colonel of a regiment of loyal Amlericans in New York city, to
Ethan Allen; but it was not received by Allen until July of that
year.' Robinson invited proposals'" to the commander-in-chief," sir
Henry Clinton, and promised to lay them before him. February
2, 1781, Robinson again addressed Allen, asserting that he wrote
" with more authority," and "6 could obtain the terms mentioned
in the above [first] letter."2  It is certain that his " authority"
could not be less than that of sir Henry Clinton. Allen returned
no answer to either of these letters, but communicated both to
Congress, in a letter dated March 9, 1781. The first letter of
Robinson was colmunicated, immediately after its reception, to
gov. Chittenden and some confidential persons, who agreed in
opinion that it was not best to return any answer; but it was
agreed that the governor should address general Haldimand,
governor and commander of the British forces in Canada, on the
subject of a cartel for the exchange of prisoners; which was accomplished.3  Gov. Chittenden wrote to getn. Haldimand for
this purpose in July, according to Williams, [vol. Ii, 206,] but
September 27, 1780, according to a manuscript note by B3. H.
Hall.4 October 22, 1780, gen. Haldimand replied, expressing an
1 Williams's Vermont, second edition, Vol. I, 202. In Ethanc Alle,
Papers,. ms., 375, the date of reception is August.
2 Williaims, I, 204.
Ira Allen in Vt. Hist. Col., Vol. i, 415.'B. I. Hall's ms. memoranda from the Stevens Papcers, when they
were in the possession of the State. Only a catalogue of the Stevens
ms. volumes after 1777 remains, none of the eight' volumes of Revolutionary Papers having been found since the destruction of the statehouse by fire in January 1857.




6                       Introduction.
unwillingness to comply with the governor's request under the
circumstances, but wrote: " 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."'  October 26, 1780, having received gen. Haldimand's
letter to gov. Chittenden, major Carleton wrote to gen. Ethan
Allen that he [Haldimand] had authorized capt. Sherwood to
treat with gov. Chittenden and himself, on the subject of an exchange
of prisoners.'  October 29, 1780, gen. Ethan Allen wrote to
maj. Webster that he had " received a flag from maj. Carleton,
comnmanding the British troops at Crown Point, with 2proposals
from gen. Haldimand for settling a cartel for the exchange of
prisoners."l  These letters were all laid before the general assembly of Vermont, October 31, 1780, and were formally approved by both houses;2 and January 15, 1781, gov. Chittenden
wrote to Gen. Washington: " We are about settling a cartel for
the redemption of our men in Canada as before mentioned."3
With this letter, gov. Chittenden sent a copy of his letter to the
governor of Rhode Island, dated December 12, 1780, in which
one of the alternatives in the then prospective condition of Vermont was: " 3rdly, be under the disagreeable necessity of malking
the best terms with the British that may be in their powver.
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."
The immediate results were a truce, which covered not only
Vermont but the frontiers of New York to Hudson river; the
disbanding of the militia of Vermont; and the retiring of the
British troops to winter quarters in Canada. Until the truce
became generally known, the results of it occasioned much surprise in New York. It was further agreed, that the commissioners of both parties should meet on the subject of the cartel,
and go together to Canada. This was attempted, but failed on
B1. II. Iall's ms. memoranda.
2Sent to general Washington by Schuyler, November 12,1780. TWashington's Letters, in U. S. S tate Dept., Vol. XLIII, 129.
3 Sparks's Correspondence of the Revolution, Vol. ii, 209-211,




Introduetion.                     7
account of the difficulty of getting through the ice on Lake Champlain. After contending several days with the elements, the
commissioners separated; but " while their men were breaking
through the ice, much political conversation and exhibits of papers
took place."'  Williams is more definite: " the British agents
availed themselves of this opportunity to explain their views, to
make their proposals, and offer as complete an establishment for
Vermont, from the royal authority, as should be desired. The
commissioners from Vermont treated the proposals with affability
and good humor, and though they avoided bringing anything to a
decision, the British concluded they were in a fair way toeffect
their purposes."2  The subsequent negotiations at Isle aux Noix,
between Ira Allen and the British commissioners, as to matters
beyond settling a cartel, were secret, and even the commander of
the post had no knowledge of them, although he was associated
with the British commissioners on the question of an exchange of
prisoners.3
These facts show that the public had no knowledge except of a
truce for a humane and proper attempt to relieve citizens of Vermont, and its officers and soldiers, who were then prisoners in
Canada; and the conclusion is that all the suspicion that then
existed of the patriotism and fidelity of the great body of the
lpeople of the state, and all the obloquy since drawn from the negotiation with Haldimand and cast upon the state, were entirely
unjust. If any body was really at fault, the number implicated
was very small. Williams asserted that " eight persons only in
Vermont, were in the secret of this correspondence;"4 and Ira
Allen that, in May, 1781, " only eight persons were in the secret, but more were added as the circumstances required."3
Gov. Chittenden, March 4, 1793, furnished the following list of
persons who were in the secret:4
Thomas Chittenden, Moses Robinson, Samuel Safford, Ethan
Allen, Ira Allen, Timothy Brownson, John Fassett, Joseph Fay.
Ira Allen, in Vt. Hist. Col., Vol. i, 416.
2Williams, Vol. ii, 206.
Vt. Hist. Col., Vol. i, 421.
Williams, Vol. II, 214.




8                      Introduction.
Ira Allen, Robinson, Brownson, Fassett and Fay were councillors in 1781; Safford and Ethan Allen were brigadier generals
of the Vermont militia; and Ira Allen and Joseph Fay served as
commissioners. Major Isaac Clark, who was not named in the
list, was appointed a commissioner, April 26, 1781, but did not
serve. "'One person was better than more,"' said Ira Allen, and
to the conference in May 1781 he went alone.
Williams paid a handsome and just tribute to the patriotism of
these men; to the purity of their motives, however doubtful was
the policy when they adopted it; to their sound judgment, as
proven by the result; and bore strong testimony to the patriotism
of the people of the state. " But so odious were the British proceedings and government, at that time, to the people of America,
that it was with difficulty the people of Vermont could be kept
quiet, under the idea of a correspondence carried on with the British, though known to be for their protection. Once or twice, there
were small insurrections, to demand explanations; and nothing
but the well known and strong attachment of the gentlemen concerned, to the independence of Vermont and America, could
have preserved them from open violence and destruction."'  This
was the testimony of a good man concerning men personally
known by him.
Ira Allen gave a vivid picture of the "' forlorn situation of the
state, torn by intestine divisions and the intrigues of her enemies
in congress;" exposed utterly to the mercy of the British at the
north; abandoned by congress, to be a prey " to the New York
monopolists, who were then taking every measure that the malignancy and avarice of human nature could suggest, for the
destruction of the people of Vermont." But " the genius of Vermont was fruitful in resources; even in the gulf of difficulties,
and on the verge of ruin, she waxed strong, extended her wings,
and made herself known among the nations of the earth."  This
was his preface to the history of the negotiations for an armistice,
in May 1781.2
Willicams, Vol. II, 214, 215.
2 Vt. Hist. Col., Vol. i, 419, 420.




introduction.                     9
A very careful synopsis and interpretation of the negotiation is
given by Hiland Hall,' in the thirty-second chapter of the "Early
History of Vermont," with some documents not contained in the
Haldimand Papers. One of these documents distinctly places the
defense of the gentlemen engaged, on the ground of " a necessary political manoeuvre to save the frontiers of this state;" and
the other justifies letters "U purporting an intention of this state's
becoming a British province," as a; political proceeding to prevent the British forces from invading this state, and being a necessary step to preserve this state from ruin.7'2
The reader is now to try the early statesmen of Vermont on more
complete testimony, and with a calmer judgment, than could be
possessed by any body at the time of the negotiation, or indeed by
any body until a recent date.
The temptation was offered to Vermont, by the British cabinet,
in the execution of a policy deliberately adopted, with two views:
first, if possible, to reconcile all the colonies to Great Britain;
and next, to detach state by state, so as ultimately to force unwilling states into submission by their weakness. It was a policy
perfectly understood at the time by Congress, to whom the fact
of the actual offer of the temptation to Vermont, by British
agents, was communicated in March 1781 by Ethan Allen, with
this significant notice:  I am fully grounded in opinion, that
Vermont has an indubitable right to agree on termSs of a cessation
of hostilities with Great Britain, provided the United States persist in rejecting her application for union with them."' Ira Allen's
mission to Isle aux Noix was in May following. Still earlier, in
January preceding, Washington had been not only informed that
Vermont was negotiating for an exchange of prisoners, but warned
that the exigencies of the state were such that it might be forced
to make terlms w,,ith/ the British. Looking at the whole transaction as a piece of diplomacy, designed on the one hand to protect
Vermont, and indeed New England and New York specially, and
the country generally, from an army in Canada which could not
have been resisted, and on the other hand to induce Congress to
admit the independence of Vermont -our judgment of its justice
From the Stevens Papers. 2.Early History of Vt., 363, 366.
2




10                      Introduction.
to Great Britain and to Congress, and of its necessity for Vermont, should be determined by the facts of the case. The leading
facts, preceding May 8-25, 1781, will now be summarily stated,
and to The Haldimand Papers will be added contemporaneous
documents and facts in the history of Vermont.
THE CONCILIATORY POLICY          OF GREAT BRITAIN
IN 1778-1779.
CGeorge the Third to Lord North.
1778.   You must remember, that before the recess I
Jn. 31. strongly advised you not to bind yourself to bring forward any plan for restoring tranquility to North America, not from  any absurd ideas of unconditional submission,
which my mind never harboured, but from foreseeing that whatever
can be proposed will be liable not to bring America back to
her attachment, but to dissatisfy this country, which so cheerfully
and handsomely carries on the contest, and has a right to have
the struggle continued till convinced that it is vain. Perhaps
this is the minute, that you ought to be least in a hurry to produce a plan, from the probability of a declaration of war from
France;" and again, " I do not mean to reject all ideas, if a foreign war should not arise this session, of laying a proposition before Parliament."'
When it appeared from private information, that war
Feb. 9. with France had become inevitable, the King expresses
his anxiety, before "6 the veil was drawn off by the
court of France,5'2 that Lord North should 1 not delay in bringing in his proposition."'
Lord North's Speech in the House of Commons on Tuesday, the
17th of February, on communicating a Plan of Reconciliation
with the American Colonies. - [ _xtracts.]
At the opening of the present session on the first
Feb. 17. day, [November 18, 1777,] during the debate upon the
address to his Majesty, I told the House, that in my
opinion terms might be made with the colonies, short of uncondi1Sparks's Life and Writings of Washington, Vol. vi, 533.
2Two treaties between France and the United States, one of amity
and commerce, the other of defensive alliance against England, had
been signed in Paris, three days before - February 6, 1778.




Conciliatory Policy of Great Britain.       11
tional submission, and that the time of making them was the moment of victory. I said this, thinking that the victory gained by
Sir William Howe was more decisive than it really was, and ignorant, at the time, of the disaster which had fallen on General
Burgoyne's army. When the news of that melancholy event arrived, I was struck, that the time of proposing terms was past,
and that the first point to be done was the raising of new levies,
and a new force. The consequences of that misfortune were unknown; the general idea, was, that the victorious army would
march to Philadelphia, and that, flushed with victory, a general
engagement might have happened, which would have been decisive. I thought it necessary, therefore, to wait till the end of
the campaign, till I had a knowledge of all the events of it; it
is ended, and nothing decisive has happened. The forces of
Washington are not sufficient to make him quit his defensive
plan. Our army is great, our navy is great, our men in health,
in spirits, and well supplied; but the resistance of America is
greater, and the war has lasted longer than was at first apprehended, much - longer than any friend to this country could wish,
and I do not think that it will end in this campaign. I think our
forces are sufficient to compel America to acceplt of reasonable
terms; but I make my proposition on this ground, that it is better to offer a concession to the colonies now, which may end the
contest within the year, than to continue the war for three or
four years longer, though with the assurance of compleat conquest. In the present situation of affairs, only three propositions
can be made:
I. To strengthen our force, and continue the war upon the
present plan.
II. To recall it from America.-And
III.  To offer terms of conciliation to her.
The first proposition is attended with too great an expence
of men and money; an expence which conquest itself would not
balance. The second is, to subscribe to the independency of
America.  The third is that which appears to me best and zoisest.
-  s *  I shall therefore propose 1st, An Act of Parliament
to invest commissioners with very ample powers for this purpose. *   *  *  The commissioners should be enabled to treat
on all grievances existing, or supposed to exist, in the laws of the
colonies, or in the statutes of this realm; on all matters, provisions, or things, and on all aids and future contributions to'be furnished by the colonies.  * *   The colonies have demanded
to be put in the situation they were in in 1763. I doubt they
will never be placed exactly in the same situation, but perhaps
they may be placed in one not much less advantageous. The




12                      Intro-ducttio n.
statutes since that year are many.' I would give the
commissioners full power to take them all into their consideration, and to suspend such as should be repealed. There is another provision, which is, perhaps, a matter of convenience only;
they should have a power of appointing governors in those colonies, where his Majesty was used to appoint them. I shall propose to limit the duration of this Act to June 1, 1779. If I was
to stop here, the plan would be certainly defective; defective in
not offering an inducement to the colonies to treat with us. They
must give up their claim of independency; but to induce them to
do this, they must be certain of something fixed and decided. If
it is necessary to hold out an inducement to all the colonies collectively, it is equally necessary to hold it to each colony in particular. Though some may not renounce their independency, some
may, and it will not be said, that if the commissioners cannot
treat with all, they shall not treat with any. The colonies must
have some other inducement than mere hopes.         * -  - Her
[America's] present situation, as compared with ours, is ten times
more grievous. Her farmers are ruined; when all the necessaries
of life sell at prices the most high, they are compelled to sell the
produce of their land at a small price in comparison. I was assured that at Albany, tea, a necessary article there, sold at sixteen dollars per pound, and salt at thirty dollars per bushel.
Thinking that men in this situation will be inclined to peace on
just and reasonable terms, I move the House for leave to bring
in the two following bills:
G" A bill to enable his Majesty to appoint Commissioners to
treat, consent, and agree on the means of quieting the disorders
now subsisting in certain of the colonies, plantations, and provinces of America."' Also' A bill for declaring the intention of the parliament of Great
Britain concerning the exercise of the right of imposing taxes on
the colonies, plantations, and provinces of America."
The question was then put and agreed to.'
March    The bills were brought in to the House of Commons,
and  February 18;'passed that House March 2, and the
April. House of Lords on the 9th, and received the royal assent on the llth.2  April 13, letters patent passed under the seal
of Great Britain, constituting and appointing Frederick, Earl of
Carlisle; Lord Viscount Howe, of Ireland; Sir Willialn Howe,
1 Gentleman's fctyazinze, Vol. LAIII, 51-55.
2 Co0mmons Journaltvcl A. D. 1776-1778, 712, 780, 8)07 8141




Conciliatory Policy of Great Britain.        13
General of his Majesty's forces in North America; Win. Eden,
Esq., one of the Commissioners for Trade and Plantations; and
George Johnson, Esq., captain in the Royal Navy, to be his
Majesty's Commissioners to treat, consult, and agree upon the
means of quieting the disorders now subsisting in certain of his
Majesty's Colonies, Plantations, and Provinces in North America.
Eight days thereafter, April 2t, the Commissioners sailed from
St. Helen's for North America.'
On the 5th of June, the commissioners arrived in
Delaware river; and on the 9th addressed a letter to
the president of congress, enclosing their commission from the
crown. These were laid before congress on the 11th.
The commission empowered the commissioners, or any three
of them, to treat, consult, and agree with such body or bodies politic and corporate, or with such assembly or assemblies of men, or'with such person or persons, as they should think meet and sufficient for that purpose, of and concerning any grievances existing
or supposed to exist in the government of any.of the colonies respectively; to order and proclaim a cessation of hostilities on the
part of the king's forces, by sea and land, for such time, and
under such conditions, as they in their discretion should think
fit; to suspend the act of parliament prohibiting trade and intercourse with certain colonies, and also to suspend for any time
limited in the act authorizing the commission [June 1, 1779,] all
acts of parliament passed subsequent to February 10, 1763; to
grant pardons without limitation; and to appoint governors of
provinces with all such powers and authorities as governors theretofore appointed by his majesty might or could have exercised.
The commission concluded with transferring to gen. sir HENRY
CLINTON the same powers and authorities delegated to gen. sir
Wim. Howe, in case the latter should by death or otherwise be
disabled from exercising the same.2  This contingency occurred,3
and although by its own terms, the act of Parliament of March,
Gentlemcan's 31agaczine, Vol. XLVIII, 188.
2 Gentleman's Mccagazinie, Vol. XLVIII, 364-366.
3 Life ancd Writings of Washington, Vol. v, 397.




14                      Introduction.
1778, was limited to June 1, 1779, it is certain either that sir
Henry Clinton was continued in office as a peace commissioner
till a much later period, or that he was specially directed to act
with general Haldimand in the negotiations with Vermont. This
will appear as the correspondence proceeds in this volume, and
specially under date of February 7, 1781, in lord George Germaine's letter to sir Henry Clinton; and April 23, 1782, in a
summary of dispatches to the Admiralty and American department, noted in the London Co urant9 in which it said general
Haldimand transmitted important propositions touching Vermont' to sir Henry Clinton as one of the king's of Great Britain's
commissioners for restoring peace."
17  Congress through their President, Henry Laurens,
replied to the commissioners, objecting that their propositions were "founded on an idea of dependence, which is
utterly inadmissible," and declaring " that Congress is inclined
to peace," and will be " contented to enter upon a consideration
of a treaty of peace and commerce, not inconsistent with treaties
already subsisting," [with France,] " when the king of Great
Britain shall demonstrate a sincere disposition for that purpose.
The only solid proof of this disposition will be an explicit ace
knowledgement of the independence of these States, or the withdrawing his fleets and armies."'
July.   Without consenting to either of these conditions, the
commissioners addressed a second letter, professing that
congress may proceed to negotiate on their own terms, and demanding by what authority the congress assume the prerogative
of making treaties, and claiming a right to be informed of the
particulars contained in the treaties with France, intimating that
the same ought also to be known to the people, that they might
judge whether such an alliance ought to be a reason for continuing the war. July 18, congress voted that no answer should
be returned to this letter.2
1Gentleman's ciagazine. Vol. XLVIII, 366-367.
2 Life and Writings of Washington, Vol. vI, 17.




Conciliatory Policy of Great Britain.       15
ct. 3.   The commissioners appealed from  congress to the
people in " A MANIFESTO," in which they offered " to
the colonies at large, or separately, a general or separate peace,
with the revival of their ancient governments, secured against
any future infringements, and protected forever from taxation by
Great Britain;" concluding with a threat, that if America chose
to ally herself with France instead of the mother country, " the
whole nature and future conduct of the war " would be changed.
" Under such circumstances, the laws of self-preservation must
direct the conduct of Great Britain; and if the British colonies
are to become an accession to France, will direct her to render
that accession of as little avail as possible to the enemy."'
These citations amply prove that, on the failure of making
terms with congress, the policy of the British cabinet was to
deal with the states separately, and to reclaim any one or more
if it were possible.
That the temptation offered to VERMONT was in the
1779.
Jue 11. line of this policy, conclusively appears by an avowal
made by lord GEORGE GERMAINE, the Secretary for
American Affairs, June 11, 1779, -a few months later than the
date of his lordship's first letter, on Vermont affairs, which is
noted in the Haldimand papers. Charged in the House of Commons with inconsistency in the matter of the commissioners in
1778, his lordship "justified the measures he had taken, and
proved the consistency of his letters. He owned his aversion to
treat with the congress, but his hearty desire to treat with the
provinces separately. He seemed to have no doubt of a successful end of the war. His speech was much applauded."'
1Gentleman's Mcagazine, Vol. XLVIII, 631-632.
2 Gentleman's Mlagazine, Vol. XLTX, 628.




16                     Introduction.
VERMONT     PRIOR    TO  1781.
CONTROVERSY WITH NEW YORK.
Previous to the year 1765, it was generally understood, in both
England and America, that the province of New Hampshire extended westerly to a line twenty miles east of the Hudson river, and
to lake Champlain, and thus included the present state of Vermont.
It was so treated in the correspondence and documents of the English ministry and other government offcials, and was so represented
in all the English and American maps.' In accordance with this
understanding, Benning Wentworth, governor of New Hampshire,
from the year 1749 to 1764, granted in the king's name, to New
England people, 130 townships of land of about six miles square
each, situated to the westward of Connecticut river, and eastward
of lake Champlain and such twenty mile line.2 By the beginning
of the year, 1765, the grantees of these townships had made settlements in many of them, and had spread themselves over a considerable extent of country. By a proclamation of Cadwallader
Colden, lieutenant-governor of New York, bearing date April 10,
1765, the settlers were notified, that the western bank of Connecticut river, by order of the king and council of the 20th of July
preceding, was to be the boundary between his two provinces of
New York and New Hampshire.3
Lieutenant-governor Colden immediately commenced making
grants in the newly acquired territory, and by the first of November following, his patents covered a large portion of the lands
occupied by settlers on the west side of the Green Mountains,
the patentees being New York city speculators.4
Finding they were likely to be turned out of their possessions
by the New York patentees, and being unable to obtain any relief
from the government of the province, the settlers sent an agent
to England, to represent their case to the king, who, by an order
1Early History of Vt., chap. I to VI.
2For a list of these grants see Vt. State Papers, 13-16.
8 Early History, 77-84, and 478.
4Early History, 77-80.




Controversy with 2New York.             17
in council of July 24, 1767, forbid the governors of New York,
" upon pain of his majesty's highest displeasure," from granting
any more lands in the territory, " until his majesty's further pleasure should be known concerning the same."' This peremptory
command of the king, which was often re-affirmed and never recalled, was disregarded by lieut. governor Colden and his successors, who, in its direct violation, afterwards made grants of more
than two million acres of the prohibited lands, some of it to themselves in the names of others, and the residue to their city favorites and friends. The patent fees to the New York officials for
the lands granted amounted to more than one hundred and ninety
thousand dollars, of which the shares of the several governors exceeded the following sums, viz., of Mr. Colden thirty thousand,
governor Moore four thousand five hundred, governor Dunmore fourteen thousand, and of governor Tryon seventeen thousand dollars.2
Numerous suits for ejecting the settlers from their farms were
brought to trial before the supreme court at Albany in June 1770,
when the judges declared the New Hampshire charters to be null
and void, and refused to allow them to be read to the jury.
Judgments were accordingly rendered for the plaintiffs in all the
cases. The king was informed, by petition, of this proceeding,
and the settlers in conventions resolved to resist the execution of
the judgments by force, if necessary, and to prevent in like manner any of the New York claimants from surveying or taking
possession of any lands that had been previously granted by New
Hampshire, until the king's further pleasure should be known.3
Not being otherwise able to execute the judgments in ejectment,
the sheriff summoned the militia of Albany county as a posse comitatus, and marched them, over three hundred strong, to Bennington, to put the plaintiffs in possession of the farms of two of the
defendants, but finding he was to be resisted by an armed force,
that most of the militia sympathized with the settlers and that all
were unwilling to act, hel prudently withdrew without accomplishing his object.4
1 Vt. State Papers, 20.
2 Vt. Hist..Col., Vol. I, 147-159. Early Hist. Vt., 98-100.
3Vt. Hist. Col., Vol. i, 344-346. Early History Vt., 118-122, 481.
i Doc. Hist. N. Y., Vol. Iv, 732-743. Early History Vt., 123-126.
3




18                    I-ntroduction.
From this time forward, the New Hampshire title was maintained by the settlers against the New York claimants, who,
either by force or intimidation, were prevented frolm making any of
their grants available. The people west of the Green Mountains
were practically independent of the New York jurisdiction, governing themselves by committees and conventions, in the manner
afterwards pursued by other communities at the commencement of
the American revolution.' On the other side of the mountain
there had been a partial submission to the New York authority.
Colcen's early grants had all been made west of the monntain,
and in nearly all the townships which had been chartered by New
Hampshire, before the proprietors could have any opportunity to
ask for terms on which they might be permitted to retain their
lands.2  But on the east side of the mountain, where the lands
had been lss coveted by the New York speculators, the New
Hampshire grantees were in many cases allowed to obtain grants in
confirmation of their New Hampshire titles, though only on the
payment of enormous and oppressive patent fees, their new title
being also incumbered with treble the government quit-rent which
had been exacted by New Hampshire. For these confirmatory
charters there was no necessity, and no apparent motive on the part
of the governors to make them, but their craving appetite for the
patent fees. The grantees were driven to accept them with the
additional incumbrance, and pay the fees, rather than be deprived of their lands by having them granted to others. Even on
this side of the mountain a large portion of the charters remained unconfirmed, and the deep dissatisfaction of the people
with the New York government was manifested by their uprising
to stop the holding of the Cumberland county court, which resulted in the Westminister massacre of March 13, 1775; and
also by the proceedings of their convention on the 11th of the
succeeding April, when it was resolved to petition the king "to
be taken out of so oppressive a jurisdiction, and either annexed
to some other government, or erected and incorporated into a new
one," thus indicating, that odious as the measures of the crown had
become, those of New York were felt to be still more intolerable.3
Vt. Hist. Col., Vol. I, 5, 345.
2EEarly Hist. Vt., 78-80. Vt. Hist. Col., Vol. i, 151
3 Vt. State Papers, 55-60.




Controversy with New York.              19
Sympathizing with their brethren of the New England colonies,
from which they had emigrated, the inhabitants of the New Hampshire Grants united heartily with them in their armied resistance
to the oppressive demands of the British ministry. During their
controversy with the colonial government of New York they had
entered into a military organization, which, under the name of
Green Mountain Boys, had successfully defended their lands
against the assaults of the New York claimants. Within three
weeks after the breaking out of hostilities at Lexington, these
men under their old leaders had wrested from the crown the important fortresses of Ticonderoga and Crown Point. They were
also actively engaged in the two trying campaigns of 1775 and
1776, in Canada under Col. Warner, and on their return were
formed by congress into a continental regiment under his colmmand, and served with credit and distinction throughout the war.'
During the early period.of the revolutionary struggle, the
controversy with New York appeared to have subsided. The
colonial government was practically extinct, and no efficient
substitute had been provided. But when the authority of the
revolutionary convention began to be acknowledged, it became
apparent, that towards the people of the New Hampshire Grants,
the new government would follow in the footsteps of the old; that
the land-claiming interest was predominant in the convention, and
also in the New York delegation in the continental congress. In
both these bodies James Dnane, one of the largest land-claimants,
and long the most formidable antagonist of the settlers, was a leading member, and associated with him were the Livingstons and
other aristocratic landholders and claimants, who had long been
known as the advocates of the New York patents. It was evident
that these men possessed a controlling influence in the affairs of the
colony and state, and that no relaxation of former efforts to overthrow the New Hampshire titles was to be expected. The complaints of the New Hampshire settlers were officially declared to
be'n unjust and iniquitous pretences..92 The convention, on the
2d of August 1776, unanimously resolved that all quit-rents
1Journals of Cong., June 23, 1775, and July 5, 1776. Early Hfist. Ft.,
209, 221.
2    D   ist. o. Y., Vol, iv, 925.




20                     Introduction.
which had been reserved to the king had become due to the convention and state.' This would be greatly unjust to the inhabitauts of the New Hampshire Grants, who would thus be compelled
to pay a most undue proportion of the revenue for the support
of the government, the lordly proprietors in the old territory of
New York holding their lands on the payment of merely nominal
rents.2  Mr. Colden in his letter to the Lords of Trade, of September 26, 176, in urging the annexation of the territory of
the New Hampshire Grants to New York, expressed the opinion
that the revenue to be derived from its quit-rents would be greater
than that from all the quit-rents of the residue of the province,
which, considering the exemptions from the tax in the early extravagant grants of the crown, was probably not an unfair
estimate.3
This quit-rent tax was rendered extremely oppressive, especially
in a new and partially settled country, by the fact that each proprietor was not only liable for the rent of his own land, but for
the rent of the whole grant, of which his land miight be only a
fractional part. Thus, the owner of one hundred acres in a
township of six miles square was holden for the rent of the
whole twenty-three thousand and forty acres, his farm, in effect, being under perpetual mortgage to the government for the
whole rent, and subject to forfeiture for its non-payment.4  This
effort of the New York convention, to make perpetual this odious
badge of feudal servitude, was felt to be intolerably, unjust and
oppressive.
The constitution of New York, which was adopted April 20,
1777, recognized and affirmed the validity of the land grants
made by the colonial governors in the name of the king, and thus
annulled the prior grants of New Hampshire.5 This not only
bound the courts of the state to decide all suits in favor of the
New York claimants, but established their titles beyond the control of every branch of the government, for even the legislature
1 Jour. N. Y. Convention, Yol. I, 554.
2 Vt. Hist. Col., Vol. i, 119, 120.
Col. Hist. N. Y., Vol. vII, 564.
4Doc. Hist. N. Y., 937-939.
5 Jour. N. Y. Con., Vol. I, 897, ~ 36.




Controversy with New York.              21
was powerless to overthrow or disturb grants which the constitution had declared to be valid. The New Hampshire grantees and
settlers were left entirely at the mercy of their land-claiming enemies, from whom none could be expected. The question with
them was wahether they should surrender their homes and farms,
which they had fairly purchased and made valuable by improvements, to a set of mercenary speculators, or continue their efforts to
preserve their property by denying the authority of the government
which sought to oppress them. They chose the latter alternative,
believing, in the doctrine of the declaration of independence, that,
under such circumstances, " it was their right, it was their duty,
to throw off such government, and to provide new guards for their
future security."  This they did by declaring their independence
of New York, and successfully maintaining it against all opposition.
If we consider the instances in which those, who have resisted
established governments, have been justified by the tribunal of
history, we shall rarely find a case stronger than that of the New
Hampshire claimants. Our American revolution can scarcely be
said to furnish so clear an example of rightful resistance to oppression. The American people revolted from the mother country
becaus  e     of the imposition of taxes, which, though small in amount,
were founded on a principle that would allow the extortion of any
further sum the parliament might at any time think proper to demand; thus destroying the security of the residue of their property, and leaving it to the mercy of the government. In the case
of the inhabitants of the New Hampshire Grants the principle of
government exaction was carried at once by New York to its
utmost extent, by requiring, not only a fractional part of their
property, but demanding as a right the immediate surrender of
the whole. If revolution were justifiable in the former case, as is
now universally admitted, it must be deemed at least equally so
in the latter.
The people of the New Hampshire Grants were exposed to the
threatened oppressions of both Great Britain and New York.
Their danger from the latter was apparently the greatest; but
they were happily able to make effectual resistance to both.




22                      Introd uction.
APPEALS TO CONGRESS.
May 8, 1776, the people of the New Hampshire
Grants presented their first petition to the continental
congress., This document briefly stated the case, and the prayer
of it was that the dispute with New York might be suffered to lie
until the restoration of peace to the country would permit an
equitable decision, and that in the meantime, so as not to prejudice the rights of the people of the Grants, they might be ordered
to serve in the war for independence under continenctal autthority,
and as inhabitants of the Grants, and not under the authority or
as inhabitants of the province of New York. May 30, the colmmittee of congress reported a resolution adverse to the material
part of this prayer, reconmmending the petitioners "for the present
to submit to the government of New York,7c  adding that this ought
not to prejudice their rights or be construed to admit the jurisdiction of New York, and that ultimately the case should be referred to proper judges. This was unacceptable to the agent of
the Grants, and on his suggestion of the want of certain important papers, congress on the 4th of June resolved that he have
leave to withdraw.2  The agent [leman Allen] subsequently said
the motion to withdraw was made in order that the delegates
from New York should not have it in their power to bring the
matter to a final decision, when the petitioners' had no proper
delegates in the house."3
The convention at Windsor, January 15-17, which
1777. 
declared the independence of Vermont, at the same
time adopted a declaration and petition to congress, setting forth
reasons for independence, which were stronger even than those in
the declaration of congress, July 4, 1776, and praying that the
declaration may be received, and the district described therein
ranked among the free and independent American States, and
delegates therefrom admitted to seats in the grand continental
congress. This was presented to congress on the 8th of April.
Adopted in convention at Dorset, January 17, 1776.
2 Veront State Papers, 61-65. Early History 228.
3Vt. Hist. Coll., Vol. i, 20.




Appeals to Congress.                  23
On the previous day two letters had been presented from the
president of the convention of New York, in one of which he
charged that Vermont had 6 been prevailed on to revolt;, intimated that influential men in other states, some of them members
of congress, had fostered these divisions to dismember New York;
and demanded the recall of the commission conferred by Congress
on Seth Warner, " especially as this col. Warner hath been constantly and invariably opposed to the legislature of this state,
and hath been outlawed by the late government thereof."  The
second letter declared that the New York Convention was framing a firm and permanent system of government,' and that the defection in Vermont was'" by no means general. The county of
Gloucester,2 and a very great part of Cumberland3 and Charlotte,4 continue steadfast in their allegiance to this government."
This letter asserted that there was not the least prospect that
WTarner could raise a number of men which could be an object of
public concern. Later, the president of the council of safety
of New York repeated the report and belief that rmembers of
congress were countenancing Vermont --  a faction in the northeastern part of the state" which " have declared themselves
independent. Although we apprehend no great difficulties in reducing these factious spirits to obedience and good order, by the
justice and vigor of the government of this state, without the aid
of congress," he asked congress by resolution to     disavow
any favor to Vermont, lest the respect for congress and the
ardor of the best whigs of New York be diminished. June 23,
a delegate from New York laid before congress two letters of
Thomas Young to Vermont, one of which stated the purport of
the resolution of congress, May 15, 1776, recommending to assemblies and conventions in each of the United Colonies, where
1The constitution of New York, adopted May 8, annulled the New
Hampshire Grants of land in Vermont, by affirming the validity of all
the grants made.by New York.-Eacry Hist. 1t., 246-250.
2The present Orange county nearly, and all east of the mountains and
north to Canada line.
3 The present Windham and Windsor counties nearly.
4All the territory west of the mountains and extending wrest of Lake
Champlain, and from Canada line to the Battenkill. — Vermont State
Papers, 70-73.




24                     Introduction.
there are no governments sufficient to the exigencies of affairs,'  to
adopt such government as shall, in the opinion of the representatives of the people, best conduce to the happiness and safety of
their constituents in particular, and America in general."' June
30, congress dismissed the petition of Vermont, declaring that the
duty of congress was to protect, and not injure, the rights and jurisdiction of the several states represented in it; that the attempt
to make Vermont independent could derive no authority from the
declaration of July 4, 1776, nor from any other act or resolution
of congress; that by raising and. officering Warner's regiment
congress never meant to countenance Vermont's claim to independence; and that Young's letters were derogatory to congress,
a gross misrepresentation of the resolution of May 15, 1776,
and tended to deceive and mislead the people to whom they were
addressed.2
Two days after this adverse action of congress, a convention met at Windsor, and on the 8th adopted the constitution
and frame of government, under which Vermont successfully
maintained her independence de facto against Great Britain and
New York, and also against congress, until her admission to the
union in 1791.
The constitution of Vermont was not generally pro77.  ulgated in the state until February. Previous to that,
January 28, the adherents to New York in Cumberland county
met at Brattleboro' and prepared a petition to the legislature of
New York, asking to be defended against Vermont. In response,
the governor of New York declared by proclamation, February
23, that " the several branches of the legislature of the state of
New York will concur in the necessary measures for protecting
the loyal inhabitants of this state, residing in the counties of Albany, Charlotte, Cumberland, and Gloucester" [which covered
Vermont,] " in their persons and estates, and for compelling all
persons, residing within this state, and refusing obedience to the
1A iesolution originated by John Adams, for the purpose of totally
suppressing governments under the crown -practically the first declaration of independence. - Bancroft's Hist. U. S.,Vol. viI, 367. For the
letters of Young, April 11 and 12, 1777, see State Papers, 76.
2 Yt. State Papers, 68-79. Early Hist., 238-244, 250-253.




Appeals to Congress.                 25
government and legislature thereof, to yield that obedience and
allegiance which, by law and of right, they owe to this state."
The adherents to New York, in Cumberland county, formally
protested against the authority of'Vermont, and zealousy resisted
acts of its government. These facts were communicated to the
governor of New York, who, by letter of June 3, approved the
course of the resistants to Vermont and expressed the hope that
the legislature of New York would adopt measures to compel
obedience to the laws of that state. "In the mean time," said
he, "let me recommend it to you, and every person attached to
this state, to persist in your opposition, and upon every occasion
to bear your testimony against those unwarrantable proceedings "
of Vermont. Against this opposition Vermont enforced its laws,
drafted men for military service, and confiscated the estates of
enemies. Of this gov. Clinton was informed, and he replied, saying that he had complained to congress and insisted upon an immediate and positive disavowal of the authority of Vermont to
raise troops. To the adherents of New York he wrote:' I
would still, as upon a former occasion, earnestly recommend a
firm and prudent resistance to the drafting of men, raising taxes,
and the exercise of every other act of government, under the
ideal Vermont state, and in such towns where our friends are sufficiently powerful, I would advise the entering into associations
for the mutual defense of their persons and property against this
usurpation."  By a letter dated June 8, these matters were urged
upon congress by gov. Clinton.'
In the mean time sixteen towns in New Hampshire, bordering
on and near Connecticut river, urgently pressed Vermont to admit
them under the jurisdiction of the state, and, June 11, it was voted
to admit them. This was received by pres. Weare of New Hampshire with great dissatisfaction, and, August 19, he appealed to
congress, declaring that, unless congress interfered, it was very
probable the sword would decide the question. August 22, president Weare urged gov. Chittenden, for the sake of the people
of Vermont and the sixteen New Hampshire towns, and for the
sake of their future peace and tranquility, to relinquish every
Eastern Vt., 308-324.
4




26                     Introduction.
connection, as a political body, with these towns. Gov. Chittenden convened his council, and Ethan Allen was requested
to ascertain in what light congress regarded these proceedings.  Allen reported, October 10, that congress had entertained the complaints of New Hampshire and New York; that
in his opinion the New York complaints would never prevent the
recognition of Vermont; but the disapprobation of the interference with New Hampshire was so strong as to justify the opinion
that, " except this state recede from such union, immediately, the
whole power of the confederacy of the United States of America
will join to annihilate the state of Vermont."  The action of the
legislature at that time was contradictory, but on the whole unfavorable to maintaining the union with the New Hampshire
towns, and resulted in referring the question to the people.  This
was unsatisfactory to towns interested on both sides of Connecticut river, who met in convention at Cornish, December 9, and
made four propositions, the last of which was to annihilate Vermont, by bringing the whole of it under the government of New
Hampshire.,
Justly alarmed at the prospect, Vermont promptly
dissolved her union with the New Hampshire towns,
February 12, and by Ira Allen notified New Hampshire of the
fact. March 20, he found the representatives of that state considering the propositions of the Cornish convention. June 24 the
house adopted, in which the council concurred, an act to claim jurisdiction to the whole of Vermont, but consenting that it might
be made a separate state, and suspending jurisdiction until congress should settle the dispute; and accordingly this claim to
Vermont was presented to Congress by New Hamlpshire.
At the February session of the Vermont assembly, numerous
acts were passed, and among them statutes against treason, and
riots, and for the organization of the militia. February 23 gov.
Chittenden issued a proclamation strictly enjoining all persons residing within the state to take notice of these statutes on pain of
the penalties provided, and requiring all civil officers to be vigi1 State Papers, 89-102.
State Papers, 105.




Appeals to Congress.                 27
lant in executing them.'  The acts specified above were unpalatable to the adherents to New York, who refused compliance. Gov.
Chittenden deputed Ethan Allen with a posse comitatus to enforce
the laws, and he arrested thirty-six persons, among them several
militia officers who had been commissioned by the governor of
New York;2 and then, through the Vermont court, the laws were
executed. Complaints were made to gov. Clinton, who wrote,
May 14, to Samuel Minott, of Brattleboro', that in case of force
by Vermont, he would instantly issue " orders to the militia, who
are properly equipped, and who will be led against the enemies
of the state wherever they may happen to be."  Mlay 18 he wrote
to the president of congress that he daily expected to be obliged
to use force; iMay 22, New York brought resolutions into congress declaring the extent and boundaries of the several states
then to be the same as during their colonial existence, and that' no part of any one of them should be permitted to separate
therefrom, and become independent thereof, without the express
consent and approbation of said state."3 On the 29th gov. Clinton wrote again, that he would conceive it his duty " to order a
force of a thousand men who had been destined for the defence of
the frontiers, to march to Brattleborough for the protection of
that and the adjacent towns, unless the interposition of congress
should render such a measure unnecessary."4 Gov. Chittenden
also addressed congress subsequently, and, in answer to the threat
of force by Clinton, wrote:' ~  I have issued like orders to the
militia of this state, and notwithstanding I am far from countenancing a measure so disagreeable in its nature, yet the free born citizens of this state can never so far degrade the dignity of human
nature, or relinquish any part of that glorious spirit of patriotism,
which has hitherto distinguished them in every conflict with the
unrelenting and long continued tyrrany of designing men, as
State Papers, 293, 300, 305, 389.
2Col. Eleazer Patterson then commanded a force of adherents to New
York in that part of Vermont, estimated by himself at five hundred
men; and Patterson and his followers were the persons arrested by Allen. The Vermont force at that time in Cumberland county varied from1
two hundred to three hundred and fifty men.-Eastern Vt., 336, 339.
3 Early History, 289. 4 Eastern Vt., 332-349.




28                     Introduction.
tamely to submit to his mandates, or even to be intimidated by a
challenge from him."'
The prospect of war between New York and Vermont induced
congress to interpose, June 1 and 2, by the appointment of a committee to confer with the inhabitants of Vermont, promote an
amicable settlement of difficulties, and prevent divisions and animosities, so prejudicial to the United States. This action was
accompanied by an apology to NeW York, and a promise to "; continue to pay equal attention to the rights of that state with those
of other states in the union."'
June 7, governor Clinton remonstrated to the president of congress against the appointment of the committee; and on the same
day wrote to general Washington, complaining that congress had
not prevented the necessity of a resort to force with Vermont;
announcing his intention of quitting the field, [as a general in the
continental army,] in order to convene the legislature to arrange
for vindicating the authority of New York in Vermont; asking
Washington to return six brass pounders loaned by New York,
and suggesting that a magazine of flour, purchased by New York
for continental service, would have to be diverted for the support
of troops against Vermont.3
In response to Clinton's letter of the 7th, congress on the 16th
unanimously resolved that the New York militia officers arrested
by Vermont "; ought to be immediately liberated;" and also resolved that the action of congress of June 1-2 was not to be construed 6 unfavorable to the internal policy of any or either of the
United States."  This therefore excluded V7ermont, which was not
then counted as one of the United States, and was intended to
soothe New York and New Hampshire, whose applications were
alleged in the preamble.4 On this occasion John Jay, who had
been sent by New York, as a special delegate to attend to the
Vermont business, and had been elected president of congress,
wrote to Clinton that " the majority of the house have proper
ideas on the subject, and we flatter ourselves that it will terminate right."5
1Early History, 295.' Vt. State Paper's, 109.
3Eastern Vt., 351, 352.' State Papers, 109.  Eastern Vt., 355.




Appeals to Congress.                 29
July 13, a part of the committee of congress reported their visit
to Vermont, but nothing pointing to definite action. July 23 a
committee of ten towns in Cumberland county [Windham   and
Windsor,] petitioned Congress to adopt such measures as should
restore rights to those who had been deprived of them by violence, and ensure peace to a distracted people; averring that a
majority in several and a respectable minority of other towns in
the county were adherents to New York and opposed to Vermont. I
August 5, governor Chittenden protested against the resolution
of congress of June 16, charging that Vermont had been impeached before the facts were known; affirming that the resistance to Vermont by the adherents to New York in Cumberland
county was a high-handed breach of the peace, to prevent a levy
of militia for the defense of the frontier; pledging Vermont to
bear and pay her full share in the war against Great Britain;
and declaring that if New York shall resort to force, Vermont
will accept the challenge.2
September 24, Congress unanimously adopted a series of resolutions, one of them amended October 2, which were designed to
quiet the then present disturbances and to prepare for a speedy settlement of the dispute. The preamble recited the claims of New
Hampshire, Massachusetts, and New York to jurisdiction in Vermont, and the adverse claim of Vermont, and was followed by
five resolutions, all adopted unanimously:
1. Recommending to New Hamipshire, Massachusetts, and New
York to authorize Congress to hear and determine the controversy.
2. Pledging congress to execute and support its decision, in
favor of whichsoever of the parties the same may be.
3. Fixing February 1, 1780, as the time for trial.
4. Declaring it the duty of Vermont to abstain from asserting
jurisdiction against persons who profess to be citizens of states
claiming adverse to Vermont; and that those states should suspend the execution of their laws as to persons in Vermont who
deny their jurisdiction.
1 Eastern Vt., 359. 2Early/ History, 295.




30                     Introduction.
5. That no unappropriated lands, or forfeited or confiscated
estates, ought to be granted or sold by Vermont.'
In reporting these resolutions to gov. Clinton, Mr. Jay wrote,
September 25:
G You may ask why Vermont is made a party? the reason is
this, that by being allowed a hearing, the candor and moderation
of congress may be rescued from aspersions, and that the people,
after having been fully heard, may have nothing to say or conplain of, in case the decision of congress be against them, of which
I have no doubt.'2
October 7, Mr. Jay again wrote to Clinton, saying that 6 one
of the New Hampshire delegates seems much inclined to the ridge
of mountains instead of Connecticut river as the boundary between us."  That would have annihilated Vermont, and Mr. Jay
confessed that the line thus proposed did not seem to be impolitic.3
The resolutions of congress were communicated by its president to Vermont, by express, and, October 21, the governor and
council and assembly of Vermont unanimously rejected the propositions of Conyress; resolved that Vermont would support her
G right to independence, at congtress and to the world, in the characer of a free and independent state;" and that it would " make
grants of all, or any part of tthe unappropriated lands within
their jurisdiction " that would not interfere with any former
grants.
October 25, five agents were chosen to appear at congress to
vindicate the right of Vermont to independence, and with power
to agree upon articles of union and confederation, and manage all
affairs of Vermont as a free and independent state, at congress.4
October 28, governor Chittenden appealed to the president of
the council of Massachusetts in behalf of Vermont, and the reply
was that the claim of Massachusetts included southern Vermont,
central and western New York, and a corresponding line of territory across the continent to the Pacific ocean.5
December 10, the governor and council of Vermont published' an appeal to the candid world," which denied the right of conV t. State Papers, 110-113. Early H:istory, 296-299.
Life of Jay, Vol. I, 92.  3 Clinton Papers, and Early History, 307.
Vt. State Papers, 113, 114. 5 Early History, 301.




Appeals to Congress.                81
gress to intermeddle with the internal government of Vermont;
and declared that the state existed independent of any of the
thirteen United States, and was not accountable to them; that
Vermont, whenever admitted into union with other states would
bear its share of the burden and expense of the war with Great
Britain, but would not give up the right of making their own
laws and choosing their own form of government, to the arbitrament and determination of any man, or any body of men, under
heaven.I
There was no action by congress on Vermont affairs,
1780.
except by way of postponement, until June. The delegates of New York in Congress, however, were not idle, nor
were the New York adherents in Vermont. Cumberland county
continued to be disturbed by conflicting jurisdictions, in both civil
and military affairs, though the Vermont government made two
attempts, through committees, to effect a settlement. While the
New York adherents were somewhat discouraged by the lack of
aid from both New York and congress, they were not ready to
yield to Vermont, and appointed an agent to attend at Philadelphia at their own expense.2 February 9 the New York delegates
in congress recommended to gov. Clinton an acco9mmodation of the
dispute with Nevw Hav)shire. Thi s letter is not to be found, but
there is a record that such a letter was laid before the New York
assembly-February 21; and a report thereon, March 8, by Micah
Townshend of Brattleboro', one of the two delegates in that body
from Cumberland county, indicates its purpose to have been a
separate settlement with New Hampshire by dividing Vermont between the two states. The report was adverse for that time, but
admitted that at a future day the measure might become both expedient and necessary.3
The facts that grants of land and sales of confiscated property
had been made by Vermont, in defiance of the resolution of congress of the previous September, were communicated by gov.
Clinton, and June 2 congress resolved that the action of Vermont
was highly unwarrantable, and subversive of the peace and welfare of the United States; strictly required Vermont to abstain
1 State Papers, 116. 2.Eastern Vermont, 367-381.' Early History, 308.




32                     Introduction.
from all acts of authority, civil or military, over such of her citizens as profess ailegianoe to any of the states claiming jurisdiction over Vermont; and engaged to settle the disputes between
New Hampshire, Massachusetts, and New York, as to Vermont, or
between such of tlhem as shall have assented to the resolutions of
September 24 an-d October 2, 17799 [thus excluding Massachusetts and Vermont as parties in the case] as soon as nine states,
exclusive of the claiming states, should be represented in oongress. June 9 the hearing was postponed to the second Tuesday
in September, and notice to the states and persons in interest ordered. July 25, by advice of the council, gov. Chittenden addressed to the president of Congress a pithy remonstrance and
argument: denying the authority of congress to destroy Vermont
as an independent government, either by dividing it between New
Hampshire and New York, as Poland was divided between adjoining kingdoms, or in any other way; declaring that the liberty
and rights of the people of Vermont would not be surrendered;
defending the severity to tories, and the confiscation of their estates to raise funds, which had been faithfully appropriated for
the defense of the northern frontiers; showing that Massachusetts
and New Hampshire were both barred from any part in the proposed trial, leaving New York alone as the claimant against Vermont; offering once more the union of Vermont with the United
States; and closing by saying that, should this offer be denied,
Vehiont 1 will propose the same to the legislatures of the United
States sepctrately, and take such other measures as self-preservation
shall justify."  In this summary, a few paragraphs, specially
touching the Haldimand negotiation, have been reserved to be
quoted in full-to wit:' 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, but, having the general approbation of disinterested
states, this people ae reundoubtedly, 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 libertry to offer, or accept, terms of cessation of hostilities
with G~reat Britain, without the approbation of any other man




Appeals to C(ongress.                33
or body of men: for, on proviso that neither congress, nor the
legislatures 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 whatsover, without
their consent, to be an abridgement of the natural rights of mankind: and it appears that the said resolves [of congress] 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 past, spilling the blood of her bravest sons."
This letter was read in congress September 12, and on the same
day the case was deferred to the 19th. On that day the following persons were notified to attend at the evening session: Ira
Alien and Stephen R. Bradley, [agents for the state of Vermont;] Luke Knowlton, [agent for the New York adherents in
Vermont;] and Peter Olcott, [appointed agent, with Bezaleel
Woodward, for the towns in Vermont and New Hampshire favorable to annexing the whole of Vermont to New Hampshire, or of
dividing the state between New Hampshire and New York.]  On
that day, and on the 20th, these agents all being present, the
claim of New York was presented; and on the 27th, the agents
of Vermont not being present, the claim of New Hampshire was
presented. The agents of Vermont withdrew as soon as the testimony and arguments for New York had been heard, and they
were highly indignant on discovering that congress was adjudicating the very existence of' Vermont,.without waiting for her consent or condescending to consider her as a party.'
1 State Papers, 116-124.
5




34                      Introduction.
The secretary of congress called on the Vermont agents, when
their absence had been observed, and requested them to attend,
and they refused. He then requested to know what report he
should make, and they replied, that while congress sat as a court
of judicatory authorize by the claiming states exparte, and Vermont was not ]put on an equal footing, they should not again
darken the doors of congress. On the 22d, the agents for Vermont presented a remonstrance, in the spirit of the above reply,
and on the 27th congress postponed further consideration of the
matter.' It was not resumed until after the Haldimand negotiation had been in full progress, and then it was brought to bear
powerfully upon congress.
VERNIONT'S APPEAL FROM CONGRESS TO THE NEIGHBORING STATES.
Pursuant to notice to congress given by gov. Chittenden, September 25, Vermont appealed from congress to the neighboring
states of New York, New Hampshire, Massachusetts, Connecticut,
and Rhode Island, proposing an Alliance and C(onfecderation for
mutual defence, indepezndent of congress and of the other states.
Gov. Chittenden made' a positive demand " on New
Nov. 22.
York 6 to give up and fully relinquish their claims of
jurisdiction "' over Vermont, and proposing to join in a solid
union with her' for mutual defense against the British forces
which invade the American states, particularly such part [Haldimand's] as make incursions on the frontiers of the states from
the province of Quebec."9
Dec. 12.  Gov. Chittenden to gov. Trumbull of Connecticut:' I proceed to propose an Alliance and perncanent Confederation betwzeen the states of Connecticut and Vermont ctaainst
the hostile attenmpt of British potwer, on such conditions 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 legislatures 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
1Hist. Collect., Vol. i, 409-412. Earl7y History, 312-318.




Appeal from Congress to the States.         35
Massachusetts Bay, to relinquish their claims of jurisdiction to
Vermont, with proposals to unite with them in a like union."'
Gov. Clinton communicated gov. Chittenden's letter
1781.
Feb. 5 to the assembly of New York, characterizing it as insolent in its nature and derogatory to the honor of the
state and its interests, and tending to subvert the authority of
congress.
Impelled by the perils of the state and of the country
and the desires of many citizens of the part of New
York which adjoins Vermont, the Senate of New York adopted
a series of resolutions for an adjustment of the controversy by
recognizing the independence of Vermont. To these resolutions
there was but one dissenting vote.
In the New York assembly debate arose as to whether
Feh. 27.
the house would then proceed to consider the [abovementioned] resolutions of the Senate, and it was carried in the
affirmative. Upon the declaration of this vote, the secretary of
the governor announced a message from the governor, that if the
assembly should favor these resolutions, he would prorogue them;
and this threat prevented their adoption.2
THE CONDITION OF VERMONT AND THE COUNTRY.
From the invasion of Burgoyne in July 1777 till the Haldimand negotiation in 17 81 the northern limit of habitation in Vermont west of the Green Mountains was Pittsford; and on the
east side, Newbury and its vicinity, with settlers scattered on the
bank of Connecticut river into the present county of Essexabout one-third of the area of the state.  At the opening of the
October session of the general assembly in 1780, only forty-four
towns were represented, being less than one-fifth of the present
number; and of the forty-four then represented, were six of the
the ten towns in Cumberland county whose  colmmittees," July
23, 1779, had petitioned congress against Vermont.3 All the
rest of the state was as open to the British and their Indian allies
These letters to New York, Massachusetts, and Connecticut, will appear in full in The Ialdimandc Papers.
2 Early History, 329-333.  3 Eastern Vermont, 359.




36                     hIntroduction.
as to Vermonters, and through that territory the incursions of the
enemy were made:-in November 1778, plundering, burning, and
destroying property of every description as far south as Ticonderoga; in 1780 to Bethel, Barnard, and Royalton, alarming the
inhabitants of Vermont and New Hampshire in the valley of the
Connecticut river; and to Peacham in 1781.2 April 1778, Warner's regiment and all the regular troops were withdrawn from the
state, and from that time Vermont was left to her own resources
for protection.3
The condition of Vermont in the spring of 1779 is
1779.
best set forth by official documents.
G-overnor (hittenden to General 3ac.sidnyto:n.4
BENNINGTON, 6 March, 1779.
Sir:-I am directed, by my council and the general assembly
of this state, to recolmmend to your excellency the present unhappy situation of the inhabitants of the northern frontiers of
this state, and to pray your excellency's interposition for their future relief.
The contiguous situation of those inhabitants to the enemy has
rendered their safety peculiarly uncertain from the first commencement of the present war. The many alarms, occasioned by the
approaches of the enemy, have kept its inhabitants in such a fluctuating condition as has rendered it impracticable for them to
have secured any considerable supplies of provisions for the subsistence of their families beforehand. The encroachments of the
army, under the comVI mand of lieutenrant-general Burgoyne, into
this state, in the year 1777, their daring attempt to destroy this
town and the public stores then deposited here, commanded the
attention as well as the most vigorous exertions of those inhabitants; and althou,,ih there were at that time very plentiful crops
of grain, corn, hay, &c., on the ground, yet the enemy prevented
the inhabitants from securing any considerable part of it.
By their continuing in service, for the purpose of reducing
general Burgoyne to a submission, the season of the year was so
far advanced as to put it out of the power of those inhabitants to
make the necessary preparations for a winter crop of grain, on
which they have had the greatest dependence since the first setEarly History, 272. 2 Eastern Vermont, 382-399, 404-406.
3 Early History, 272.
Correspondence of the Revolation,? Letters to W'CasJiigto.n), Vol. I, 258;
and Journals of Council, 1776 to 1780, 259.




Condition of Vermont and the Country.          37
tlement of this part of the country.  They are, therefore, the
principal part of them, reduced to an Indian cake, in scant proportion to the number of their families; and by the destruction
of their sheep by the enemy, and their loss of them otherwise,
as well as their flax, their bellies and backs have become co-sufferers.
In this deplorable situation, may it please your excellency, they
remain firm and unshaken, and being generally well armed and
accoutred, are ready, on any sudden emergency, and on the shortest notice, to face and encounter their inveterate foe undaunted;
but, on viewing their present circumstances, it may'be your excelleney may be prevailed on to make such provision for the security of those frontiers (which are no less so to three other
states,) as to prevent the fatal necessity of continuing those inhabitants in constant service the ensuing sulmmer.
With this will be communicated a copy of brigadier-general
[James] C0inton's letter of the 25th ultimo, by which your excellency will perceive his readiness to grant every relief in his
power.' In consequence of his advice, I have ordered the continuance of the company of militia therein named and anl a ddition of fifty men, exclusive of officers, to join them immediately.
If, after all that has been exhibited on this subject, it should be
found inconsistent to adopt any other measures in the case, I desire an order may be granted for tle subsi3stence and pay of the
officers and soldiers that may be found necessary to be raised
firom time to time, within this state, for the purpose aforesaid.
The bearer herteof, Joseph PFay, Esq., in wThose attachlmen-t to
the conmmon cause your excellency may repose thIe greatest confideuce, will be able to give any further intelligence in the premises, and particularly wait any advice or directions your excellency
may please to communicate.
Your excellency's most obedient, humible servant,
THOMTAS CHITTENDEN.
February 26, the governor and council " voted colonel Ethan
Allen to wait [write] general Washington to acquaint him with the
situation of affairs relative to the defence of the northern fronlier 
of this state.S'2  Accorcingly Allen wrote as follows:
1 Gen. Cliiton's letter authorized gov. Chittendenl to raise mienm fi, ro
which the governor inferred that the inen so raised w\vouldl e supporleed
out of the continental store -the'"relief' whlich gov. Chittenden asked
ciif Washlington. —Go'v. Chittecden to,toch TVoocdbidgc e C. G., [Commissary General,] Jolurna t Counlcil, 1776 to 1780, 259.
"Jou7ra ls of Coumncil, 1776 to 1780, 255.




38                     Introduction.
Ethan Allen to General Washington.'
MARCH, 1779.
Sir': —The fifth campaignl drawing near towards opening, and
Lake Champlain (from the last intelligence) being broke up, and
the enemy's ships of force and scouting parties every day expected
down the Lake, which may annoy and massacre the frontier inhabitants, has given rise to great uneasiness, as the frontier is but
weakly guarded and widely extended, which has induced the
Governor of this infant State, with the advice of his Council and
House of Assembly, to lay before your Excellency the true circumstances of the Inhabitants.
From the facts your Excellency will be able, with equal justice,
to adjust matters in this part of the Northern department, and
grant such relief as shall be adequate to their necessitous condition.
Undoubtedly your Excellency will readily conceive that this
part of the Country have done more than their adequate proportion
in the war, and though they are greatly reduced as to materials
to maintain standing torces, yet on sudden emergencies the Militia
is able and willing to face any equal number of the enemy, provided they should have no other rewarcl but the satisfaction of
defeating them.
ETHAN ALLEN.
General lWashinyt-on.
No answer to these letters has been found, though one was
given (possibly verbal) to Mr. Fay; and most probably, if so, to
the effect that a scheme was in contemplation to occupy the British troops by an invasion of Canada through the Coos country,
lake Champlain, or Ontario. The letter preceding Chittendclen's
in Sparks's collection was from gen. Gates on that scheme. Be
this as it may, that scheme was abandoned; Washington could not
and did not give even the small relief asked, and it will be seen
that Vermont supplied both provisions and;" continental pay"
to men in the service.
February 25, 1779, the assembly of Vermont constituted the
governor and council a board of war, with full power to raise any
number of men that they should think necessary for the defense
of the frontiers. March 12 the board resolved that "the west
line of Castleton and the west and north lines of Pittsford to the
1 Ethan Allen Papers, m1s., 281.




Condition of Vermont and the Country.         39
foot of the green mountain, be established as a line between the
inhabitants of the state and the enemy," and the inhabitants north
of that line were directed to move south. Picket forts were
erected at Pittsford and Castleton, and garrisons maintained in
them and at Rutland; these garrisons being supplied by drafts
from the militia, and sometimes bodies of the militia were called
out en masse.1
Congress was powerless to support the continental army; Washington could give no aid to defend the northern frontiers of
Vermont and New York, and hardly keep his army in the field
any where.
January 8, Washington wrote to the magistrates of
New Jersey:'"The present situation of the army, with
respect to provisions, is the most distressing of any we have experienced since the beginning of the war. For a fortnight past
the troops, both officers and men, have been almost perishing for
want.,2
To major-general Howe: 6 It is lamentable that we
April 29. should be obliged to suffer such distresses as we do everywhere. Those we feel here [Morristown] are not inferior
to yours; we are constantly on the point of starving for want of
provisions and forage. A deficiency of money is the cause, and
a cause for which the present situation of affairs renders it infinitely difficult to provide a remedy.  We are at a most delicate
crisis. I dread with you the consequences. "3
To the president of congress: " It is with infinite
May 27. pain I inform congress, that we are reduced again to a
situation of extremity for want of meat.       Such
reiterated, constant instances of want are too much for the soldiery, and cannot but lead to alarming consequences.  Accordingly, two regiments of the continental line mutinied. They are
in as great distress at West Point; and, by a letter from colonel
Van Schaick at Albany, he informs me, that the garrison at fort
Schuyler had then only a month's supply on hand. "4
To the president of Pennsylvania:' Nothing could
May 28. be more necessary than the aid given by your state
towards supplying us with provisions. I assure you,
every idea you can form of our distress will fall short of the reality. *  *  Indeed, I have almost ceased to hope. The country
Early History, 284, 285.' Life and Writings, Vol. vi, 439.
aLife and Writings, Vol. vii, 25. 4 Samce, Vol. vTII 54-56.




40                      Introductiono
in general is in such a state of insensibility and indifference to its
interests, that I dare not flatter myself with any change for the
better."'1
Aim. 28.  To the president of congress: The " enclosed copy of
a circular letter to the states respectively will inform
congress the extremity of our present necessities, and the shocking consequences that are resulting from them.ir  In a note Mr.
Sparks said the circular described the distresses of the army for
want of provisions, and the hopeless prospect of obtaining timely
or effectual relief2
Brig. gen. Wayne to Washington   r' The nmost gelJal 2. eral and unhappy mutiny suddenly took place in the
Pennsylvania militia, about nine o'clock last night."'3
u Their complaints were that many soldiers had been detained
beyond the term of enlistment; that the arrearages of pay and
the depreciation had not been made up; and that they were suffering every privation for want of money and clotheso.4
Washington to brig. gen. IKnox, after describing the
Jn. 5. destitution of the northern army: 1  have been speaking of the destitution of the northern army only. General Greene represents the southern as literally naked.?"5
A part of the New Jersey troops mutinied; and the
Jan. 20.
2.mutiny was suppressed by Massachusetts troops.6
Washington to colonel John 1Laurens, at Paris: " We
April 9. are at this hour suspended in the balance; not from
choice, but froma hard and absolute necessity; and you
may rely on it as a fact, that we cannot transport the provisions
from the states in which they are assessed to the arlmy, because we
calnot pay the teamsters, who will no longer work for certificates.
It is equally certain, that our troops are approaching fast to nakedness, and that we have nothing to clothe them with; that our
hospitals are without medicines, and our sick without nutriment
except such as well men eat; and that our public works are at
a stand, and the artificers disbanding. But why need I run into
detail, when it may be declared in a word, that we are at the
end of our tether, and that now or never our deliverance must
comle."97
In a circular letter to the eastern states Washington
May 10. wrote: "G From the post of Saratoga to that of Dobb's
Ferry inclusive, I believe there is not, (by the returns
and reports I have received) at this moment one day's supply of
1 Life can WS'itigs, Vol. vr, i58. 8  SSame, 178. 3 Cor. of iev., Vol. III, 192.
4Life cnd WYr itingss Vol. II, 351 —note by Sparks. 5 Scame, 355.
G'lving's Wcashintgton, Vol. Iv, 221, 222. 7 Life and VWitings, Yol. VrI, 7.




Action of Vermont.                    41
meat for the arm)y on hand.  Our whole dependence for this article is on the eastern states; their resources I am persuaded are
ample."'
ACTION OF TVERMONT,,rJANUARTY 14, 1780, To IMY 26i 1781.
While thle prospect of the country was the gloomiest, its great
leader almost in despair, and Vermont was embarrassed by enemies on every side, she was thrown upon her own resources; but
the leaders of Vermont accepted the difficult task and nobly discharged it.  Of this the official records give ample proof.  One
of the first acts was a refusal to apply to general Washington to
order Warner's regiment, or other troops, to Vermont for its
defense; perhaps out of a shade of indignation at a rebuff just
received from a continental officer, which was necessarily approved
by Washington, though doubtless he would have been glad if' he
could have avoided it.
Thomas Ciuittenden to Colonel 7Van SehaickC at Albany. —
[Abstract.]
BENNINGTON, January 14, 1780.
1780.   Informs him that in consequence of anticipated inJan. 14. cursions f'roi Canada, he had ordered one hundred and
fifty men, exclusive of officers, raised to serve till 1st of December; asking for provisions, and also for snow-shoes, camp-kettles,
&c., which he is informed are in the continental stores at Albany.
He will stand accountable to see themn returned, or their value.
ALBANY, January 16, 1780.
Sir:-Your letter of the 14th inst. I received yesterday.
Your request for provisions, &c., for men called into service by
1Life andc Writings, Vol. vIII, 3. This complimnent to the resources
of New England by Washington was subsequently extened by him to
her patriotisml. Writing to Joseph Jones on a suggestion that the army
should be used against Vermont, he asked: "By whom is that district of
country principally settled? And of wAhom is your present army (I do
not confine the question to this part of it, but will extend it to the whole,)
composed? The answers are evident, —NEWr ENGLcAND MENt-." —ife
and Tr1itings, Vol. III, 383.
6




42                      Introduction.
an authority which I as an officer in the army of the thirteen
United States am not at liberty to acknowledge, would expose me
to the loss of my commission-at least subject me to the censure
of my superiors; and as it would not be prudent for me to risk
either, I shall decline giving any orders on the occasion until I
learn the pleasure of his excellency the commander-in-chief, to
whom I shall transmit a copy of your letter.
I am, sir, your humble servant,
G. V. ScHrAICK.
January 26, 1780. Van Schaick's conduct approved by gen.
Washingtoln.
IN COUNCIL: A petition signed by Jacob Ruback and
Feil. 29. others, a committee in behalf of three hundred inhabitants of the northern frontiers of this state, and directed
to his excellency general Washington, praying for relief by granting col. Warner's regiment or troops to guard said frontiers, being
read and the subject thereof debated on, a vote was called thereon
whether 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 to colonel Warner.
Attest,                  JOSEPH FAY, Sec'y.2
The general assembly passed statutes for the followMat. 8-16.
ing purposes:
" Impowering the inhabitants of the respective towns in this
state to tax themselves for certain occasions:' to wit, as per preamble, " to raise sums of money for the carrying on the war, to
purchase ammunition for town stock, to support the poor, and
many other purposes which they may find necessary."
"'To  prevent transporting  provisions out of this state."
The preamble to this act is abridged in Slade's State Papers,
and is therefore given entire fromi the council journal:
" Whereas, it is found that large quantities of provisions are
continually exported out of this state, which if not immediately
prevented will render it impracticable to furnish the troops raised
for the defense of the northern frontiers, as also prevent the
purchasing commissaries procuring the necessary provisions in
this department for the use of the army: Therefore, be it enacted," &c.
This act was to expire August 15 following, and was re-enacted
in October and extended until the close of the February session,
1781.
Letter Book7 B., Vol. Ix, 79. 2 Journals of Council, 1776 to 1780, 287.




Action of Vermont.                   43
The last act of this session on war measures was —n" Regulating
the choice of field and staff officers."'
IN COUNCIL:'     Resolved, that whereas the continental
June 9. 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 and he is hereby directed to advance the
money to Noah Smith, Esq., paymaster, to discharge the same."2
IN COUNCIL:'6 Whereas, it is represented to this
July 5. council that many of the soldiers which have enlisted in
the service of this state, who are [in] the fortresses of
Pittsford and 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, and
take their orders on the treasurer of this state for the pay, to be
deducted out of their wages."3
IN COUNCIL: "'R.esolved, That captain Giles Wolcott
Oct. 13. be and he is hereby appointed a commissary to purchase
or procure and forward on provision to the militia who
are collected and collected [collecting] in this present alarm."4
IN COUNCIL: " To captain Giles Wolcott: You are
OCt.'  hereby appointed purchasing commissary for the time
being to purchase provisions of every kind, and 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 empowered
to pledge the faith of this state for the payment of all such contracts; and in case of necessity you are further hereby empowered to seize such provision as may be necessary, and to impress
teams, horses, and carriages to forward such provisions to the support of the militia that may be in the service.  You will keep
regular accounts in your proceedings in order for settlement.' By order of council,
THOMSAS CHITTENDEN, GOV.
A' similar appointment to the above issued to captain Samuel
Billings as assistant to captain Wolcott."5
1State Papers, 396, 397. 2 Journals of Counacil, 1776 to 1780, 304.
3 Jornals of Council, 1776 to 1780, 30o. 4 Same, 311.  Same, 311.




44                      Introduction.
IN COUNCIL:;" Gentlemen of the general assembly:
Oct. 14. 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 consideration, viz.: 1st,
the ways and means of supplying the treasury and securing the
frontiers; 2d, the procuring provision and ammunition for the
year ensing; 3d, the taking some effectual measures for the securing such lands as have heretofore been and hereafter may be
confiscated to the use of this state; 4th, the making such resolves
as will quiet the ancient settlers; 5th, the making such resolutions
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 fromn time to
time [will] be laid before you for consideration.
6 By order of council,
II %TH-OTAiS C I.Tll'1TTENDEN),  G-7ove18inor'.9"'
The colllittee on the defense of the frontiers reOct. 16. ported that there were two hundred and thirty men in
the garrisons, and that four hundred in addition ought
to be raised immediately for six weeks' service unless sooner discharged.  Report accepted.2
Board of war elected in joint assemlbly, to wit: TimOct.17. othy Brownson, Ira Allen, Samnuel Robinson, Joseph
Bowker, Stephen Pearle, Johln Fassett, Benjamin Wait,
Samuel Fletcher, Thomas Murdock.3
IN ASSEMBILY: The coImmittee appointed to take into
Nov. 3. consideration the petition of col. Warner and lieut. col.
Safford, [of' Warner's regiment il thle co)tint'nt't.dl se.rvice,] brought in tlle following report, viz.:
" That it is the opinion of your commnittee that col. Seth Warlner
be paid fifty pounds lawful money, and all officers and soldiers of
said regiment, tllat were inhabitants of this state wihen they engaged
in said regiment, in proporti)on to their continental pay, as part of
the depreciation of the wages of said regiment; and that a committee be appointed by this asselmbly to conefer with a conmmittee
of the officers of said regimlent and see what is due the officers
and soldiers of' said regiment, and report to the next session
of this assembly, that the state may be enabled to settle with said
regimlent.
"Signed per order,    TIMOT'H  B1tOWNN, Clwairn),nmb.
1 Assem;bly Journae 1778-1784, 127. "Sc ltn, 129,:; Swuile 132.




Action of Vermont.                   45
IThe aforesaid report was accepted, and ordered that a committee of three be appointed for said office.'
Resolved, That the members of the Board of'War be
Nov. 6. and they are hereby directed to meet at some suitable
tilme 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 proceedings; 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 raisino any number of imen
and for such term of time as they may judge proper, (not exceeding nine months,) and further shall have full poweri to appoint
proper officers to command such imen so raised, and to call out
the militia in such numbers and proportions 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 the purchases and issues, and likewise from the commanding
officer of the troops; and order all kinds of stores pretpared for
the use of said state to be transported in such quant-ities, at suchl
times, and to such fort or garrison as they find necessary by satil
returns. )2
Oct. 12-Nov. 8.  Among the acts of the general assembly were the
following:' Directing what money and bills of credit shall be a legal
currency in this state."
" Appointing and irnpowering commissioners to eland dispolse
of forfeited estates, and the better regulating the same.."' For-the purpose of procuring provision for the troops to be
employed in this state for the year ensuing.7"  This act required
72,781 pounds of good beef, 86,3889 pounds of (ood salte pork,
218,3091 pounds of merchantable wheat iour, andil -068  lusihels
of rye, to be furnished by the several towns, to whiclh ixed c(lantities were apportioned, and to be paid by the selectmen in the
articles, or an equivalent in;ilver or paper currency.   Wherever
the selectmuen of any town failed to conmpl), and in towns which
had no selectmen, the articles could be seized on'a wavrrant froin
the governor. Any surplus of provisions was to be exchtanged
for rum, salt, powder, lead, or other necessaries for the army'.
" In addition to t the last paragraph of arn act entitled' an act(
against high treason.'"
i Against inimical conduct."
1 Assembly Jorncal, 1778-1784, 150. 2 SCbatc, 158.




-16                     Introd uction.' For the removing disaffected persons from the frontiers of
this state."
" Articles, rules, and regulations, for preserving order and
good government and discipline among the militia and other
forces of this state when called to actual service for tlhe defense
and security of the same, and when called upon with respect to
going into service, &c."  Twenty-six articles as to duties of officers and men, and ifteen articles as to courts martial.
" An act to libel confiscated estates."  The preamble recites
sufficiently the intent and purpose of this act: " Whereas, many
p ersolns heretofore possessed of real and personal property in
this state, have joined the open enemies of this and the United
States, and, by their treasonable conduct, have justly forfeited
their estates to the good people of this state; to the intent, therefore, that the same may be legally condemned, and appropriated
to tie use of the people of this state, to einable them vigorously to
prosecuete tle wa r against Great Britain, in coj'riunction wZith the
JUnitecd  tates, be it enacted, fce.) 
IN COUNCIL:' Rules and regulations directing in
Dec. IG. what manner the troops employed in lhe service of this
state shall be paid," were reported.  [These rules provided c or a paymaster and pay-rolls.]' And whereas there is now a number of troops in service and
others that have been discharged which are not yet paid for their
services, it is further Beso'3ved, that all such troops shall be paid
by the paymaster in the same manner as is prescribed by the foregoing resolutions " [regulations.]
" Resolved, That the paymaster, who shall be appointed, be allowed an adequate compensation for his services, he keeping accounts of his time and necessary expense in such service.'" The preceding rules and regulations read and approved,
whereupon
".Resolved, That Thomas Tolman be and he is hereby appointed
paymaster to the troops heretofore and in fuIture to be raised for
the defense of this state for the year ensuing.
" By order of the governor and council.
JONAS FA AAY, Se'yg P. T.
True copy, recorded.       JOSEPH F Y, See'y.9'2
1781.   IN GENERAL ASSEMBLY: "LResolved that instead of inieb. 16. structions given to the board of war, in the last session
of this assembly, empowering them to raise troops for
the defense of this state for a term not exceeding nine monlths
1 State Pcatpes, 398, 40i, 407T 41), 414, 415, 420.
2 Jolunals of Covucil, 1776 to 1780, 343, 344.




Action of Vermont.                  47
they be empowered to raise such troops for eleven months, and
that the said board be authorized to appoint a commissary or
commissaries of issues as they should judge necessary, and that
they be appointed, and to direct the commissaries of purchase to
provide such camp utensils as they shall find necessary.
" Extract from the journals.
" Attest,        R. HOPKINS, Clerk.
H Read and cocurred in — In Council.' Attest,   THOMIAS TOLMAN, See'y P. T.'
IN COUNCIL: G"' Resolved, that application to lmaj. WilMarch6. Hlia  Goodrich be made to furnish the state of Vermont
with six tons of lead, four tons of which he is hereby
earnestly requested to deliver to maj. Fay at Bennington, with
twelve thousand good gun-flints, to be forwarded to Windsor in
said state, to be consigned to major Benjamin Wait.
" Copy delivered maj. Goodrich.
" JOS. FAY, Sec'y.
u 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 gentlemene who
may have money to pay into the treasury of this stat'e for landsls
for any sum you may have occasion for, and your receipt shall
answer on settlements with the treasurer for granting fees.
TrHOMAS CHITTENDEN.
"Mia. Goocdrich." 2
This letter, and the act of the October session, 1780, relative to
confiscated estates, indicate important sources from which the
state treasury was supplied. From October 1779, when the general assembly determined to grant unappropriated lands in disregard of the resolution of congress, the journals of the house and
council abound with records of grants of land in Vermont, lying
within the region exposed to the enemy, conditioned for settlement at some date subsequent to the grant - in many cases " three
years after the termination of the war."I Had WAashington been
permitted so to use the vast territory of unoccupied lands, the proprietorship of which was in the states of the union to which Vermont was not admitted, there would have been no occasion for his
complaints of unpaid, naked, and starving armies. It would
seem that Vermont fairly deserves to be credited for making a
patriotic use of the little land she had.
1 Journacls of Council, 1776 to 1780, 351. 2 Sam e, 371.




48                     Introducltion.
IN COUNCIL:  Resolvecd, that two agents be appointed
Mr;li 7.. to proceed to Albany and make inquiry with regard to
the measures pursued by the state of New York for the
defense of the northern frontiers, and report to this council.
" Col. Ira Allen and major Joseph Fay are hereby appointed
for the above purpose."'
IN   E GENERAL ASSEMBLY: The committee on defense
April i12, 13. of te frontier reported that fifteen hundred men should
be raised for the service of this year; adopted.
Resolved, to add two nmembers to the board of war, and that
this house will proceed to choose them  to-morrow morn ing."
" Agreeable to the order of the day proceeded to choose two
mem-bers in addition to the board of war. The ballots being
taken, col. Timothy Bedle and capt. Ebenezer Brewster were
unanimousll ly chosen,'"
The acts of the general assembly touching the war
April 4-16. were e
~ An act for the purpose of emitting a sum of money,
and directing the redemption of the same."  This act authorized
the emission o-f ~25,155 in bills of credit, for the redemption of
which a tax of one shilling and three pence, lawful fmoney, on the
polls and rateable estate was laid-the preamble declaring that
it was  foir the purpose of carrying on1 the war, and the payment
of the public debts of this state, as well as for enlarging the
quantity of circulating medium","' The same act imposed a land
tax also, of ten shillings on each one hundred acres of land which
then admitted of settlement - to be paid " in silver, or gold equivalent, or in said bills" [of credit.]  The preamble to this enactment declared that " the land is the great object of the present
war, and receives the most protection of any estate; a very large
part of which has hitherto paid no part of the great cost arisen
in defending it, whilst the blood and treasure of the inhabitants
of the state has been spent to protect it, who, many of them,
owned but a very small part thereof."
" An act for more effectually supplying the troops."  The supply provided for by the act of October session 1780 being insufficient, this act provided that the board of war might order the
commissary general to purchase all supplies necessary, to be
paid for from the treasury on an order from the board.
" An act ascertaining the current value of bills of continental
credit, in Spanish milled dollars, ini this state; and of contracts
1 Journals of Coucil, 1776 to 1780, 372.
2Assemnzby Joturcnal, 1778-1784, 244, 245. Records Boartd of I ar, 26;,




The   ond.ition of Aet' Yorwk.           49
made for payment thereof in the several periods of its depreciation."'
By this act, one hundred Spanish silver dollars were worth
seven thousand and two hundred dollars of continental bills in
Vermont, September 1, 1780; and it appears also that the continental money in September was worth, in Vermont, only one half
its value four months previous. This fact shows how desperate
was the condition of the country at that date.'.Resolved, that the captain-general notify the officers
April 26. of the militia in the counties of Bennington and Rutland [the remainder of western Vermont being north of
the line between Vermont and the enemy] to make returns of the
deficiency 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
ammuniition belonging to this state, and to be accountabLe."2
IN CouxNCIL: "Pes-olvzed, that an embiargo be and hereby
iMly 26. is laid on the exportation of all kinds of provisions out
of the state, that is necessary and suitable for the army,
for thirty days next cominig."3
THE CONDITIO-N OF NEW YOEK,
MACH 1.779), ro M3AY 1T'9, 19781.
The state of New York was equally exposed with Vermont on
its northern frontier, while within its southern border a large
British army had possession and was constantly threatening the
portion of the country most densely populated.   As between
Vermont and New York, the latter was the weakest; it actually
asked and received the aid of Vermont, on more than one occasion,
for the protection of its north-eastern frontier; and from the removal of Warner's regiment from Vermont in April 1778, it was
constantly employed within New York and for its defense.
1State Paper/ s, 424, 429.
2 Jomrcals of Co,17e1, 1781 to 1784, 8. I SCam1-e, 4.
7




50                     Introcdutction.
When gov. Chittenden was asking Washington, as the
179.  least favor, to support and pay the troops furnished by
Vermont, gov. Clinton was urging upon the commanderin-chief the danger and destitution of New York. March 3, he
wrote that the inhabitants of the western frontier, particularly
Tryon county, were so apprehensive of danger that many of them
had removed, and most of them would speedily remove, into the
interior. To encourage the people to remain and cultivate an
important district for wheat, the governor urged Washington to
take the offensive, and promised a force from  New York to
co-operate. But he added: "if we raise any number of men, we
shall be at a loss to arm them fit for the field, unless we can be
supplied by the public," - i. e., congress.'  On the 18th, he wrote
that the legislature had empowered him "; to embody one thousand
men for the defense of the northern and western frontiers;" and
that "' this was the most they conceived the state, under its present
distressed situation was able to raise."  He added, that to do
even this he must take at least half of the men raised to fill up
the continental battalion.2 Five hundred menl then, were all that
great state could really raise- probably not more than the number of Vermonters then actually in the service of New York and
Vermont in defending the northern frontiers.
April 24, gov. Clinton informecl Washington that the
170s.  enemy had appeared at different places on the northern
and western frontiers, and that he feared the more remote
setlements would be abandoned before relief could be offered.
As to provisions and forage, he wrote:
" In the meantime, I think it my duty to inform your excellency
that, in consequence of the several laws wrhich have been enacted
for obtaining supplies of provision and forage for the army, this
state is so exhausted that I am persuaded there is not more grain
and meal left in possession of the farmers than a bare competency
for the support of its inhabitants until the new crop comes in;
and with respect to forage, few of the farmers have a sufficiency
to bring their stock through until grass."'3
Correspondenee of the Revolution, letters to WCleshitton, Vol IT, 255.
2 Sace, 263. 3 oSmace, 440.




The Condition of lNew York.              51
In May, a body of tories and Indians, under sir John Johnson,
made a sudden irruption into the Mohawk valley, ravaging that
portion of New York, and returned by way of lakes George and
Champlain. June 13, gov. Clinton reported to Washington his
unsuccessful pursuit of Johnson, with " the militia, and with the
levies stationed at Fort Edward, and a detachment of Wacrner's
reygiment."  " I think it my duty to inform your excellency that,
on my request, I was joined by a party of two hundred and fifty of
the militia of the Grants, under colonel Warner and major Allen,
whose behavior on this occasion, in every respect, was very agreeable to me."1 To the New York delegates in congress he wrote:' The punctuality and readiness of the militia of the Grants in
complying with his request with about two hundred and forty men,
did them great honor.'?2
In October, a British force of more than one thousand men,
under major Carleton, came up lake Champlain, capturing Fort
Ann on the 10th and Fort George on the 11th. This occasioned
great alarm through north-eastern New York, and gov. Clinton
asked the assistance of Vermont to repel the invaders.
October 18, col. Ao Webster to gov. Chittenden- Extracts:
The enemy at Ticonderoga, to the number of seven hundred and
fifty, have burned Ballstown, and were on their way to Stillwater,
or Saratoga, or Fort Edward. His excelleniacy gov. Clinton is at
Albany, and requested me to inform your excellency as above, and
request your assistance in order to get ahead of the enemy if
possible.3
October 18, gov. Chittenden to gov. Clinton. — Extracts: Have
called assistance from Berkshire county. The militia of this state
[Vermont] are still at the north, watching the movements of the
enemy. Shall send [the Berkshire militia] immediately to your
assistance, unless I have counter advices fiomn your excellency.
This state are always ready to co-operate in any measures to frustrate the designs of the common enemy.4
October 18, gov. Clinton to gen. Schuyier -extract: I have
been obliged to divide the small force that could be raised immediately from the lower parts of this county, to oppose the enemy
at Ballstown and Schoharie.5
1 Correspondence of the Revolution, letteirs to VaCshi lgton, Vol. r, 47'2.
2 Ea'ly Histor'y, 320.:3 Cinton Papers, No. 3281.-See post 67.
C(intont Pacpelrs, No. 3282.' ~ Same, 3277.




52                      Introdcietiotn.
October 17 and 20, general Scluyler wrote to gov. Clinton of
the panic and ravages of the enemy.
October 30, gov. Clinton to Washington-extracts: The injuries we have sustained, by these cifferent incursions of the enemy,
will be most severely felt. They haAe destroyed, on ai moderate
computation, two hundred dwellings and one hundcre  and fif'y
thousand bushels of wrheat with a proportion of other grain and
forage. The enlemy to the northward continue in the neighborhood of Crown Point?, and the inhabitants in consecuenlce of their
apprehension of danger, are removingl fron the northernl parts of
the state.  Col. Weissenfell s [continental] regiment:, with tlhe
others of this state, are exceedingly tdestitute in point of clothing.'
On the same day, col. Seth Warner wrote to gen. WashIington,
complaining that the men at Fort XEdward werl e fir iln niumber,
and destitute of clothing'. Much clothlin dlue his regimenlt.2
October 31, gen Schuyler, at Saratoga, to gov. Clinton -- extracts: The conduct of some people at the east\wardd is alarmningl
mysterious; a f'ag under pretenee of settlingl a cartel with Vermont has been on the Grants; Allen has disband ed his militia, and
the enemy in number upvards of sixteen hundred are rapidly advancing towards us. Intreat gent. Washington for new- continental
troops, and let me beg of your excellency t;o hast-el up lhere.3
October 31, Sculyler to Washington - extracts: I find VAlen
has dismissed his militia, a.nd that it is believed tlhat a com1pact has
been made [by the British I with him. Should this really be the
case, it will be a most disagreeable circunlstance; andc unless a
speedy interposition takes place, the consequentces may prove extremely prejudicial to tlle coillmon cause. Thle militia are so
harrassed that I much doubt if we shlll be able in timie to collect
a body sufficient to oppose tle enemly if their force is such1 as
stated.4
November 1, Schyller to Clinton - extract: Thre militi;a of
Fort Edward have all left, ald col. Gaiasevoort will proba)bly be
obliged to abandon it. The enemy are apprloahling Skenesboro,
and the people are in a panic removing their families.
These letters of gen. Sclhuyler show the consternation \wlich
prevailed in north-eastern New York and the peril to the genereal
cause, when " Allen had disbanded his militia," and Vgierymont htad
ctai)arently left them to the)n selves, either to stalcd or tffl.6 But
1Co. of t/e Rev., letters to 1Vls/liygtoI, Vol. 1.rr,.14:.
W tcasheingto LetteVs, Vol. XL1II, 117,' Ctllitor Pqa'ers? esi o. 332I.
4 VcshiYg-ton Letties, Vol. X:II:, 129.  Clinton Poapers X o. 3328.
Col. Alexaunder Webster to gen. Schliylel, October 31, tIransnmitted by
Schuyler on the same dlay to Washiington.




The Condition of New York.               53
they were all mistakenr: on the 29tl Allen had proposed to nmajor
Carleton to intclu.de NewT Yorkc to the H,d.so'n river, in the truce;
by the 31st, Carleton had agreed to the truce to the full extent
asked by Allen; and in consequence of the truce, instead of advancing his force into New York, lie retired to Canada, and the
Vermont militia were disbanded.' These facts were communicated
to some of the officers in New York, but they were not understood
by the inhabitants. The unexpected retreat of the invaders reminded theml of the Scripture:;' And the Lord put a hook in their
nose, and turned them about the way they came.'"2 They afterward learned that it was Allen who had saved them from the foe,
before whom they and their military protectors were ready to flee.
February 14, -ov. Clinton to Washington  extracts:
r7s!.  M' Mfoderate as we have been in a detail of our distresses,
tl-y fa faifar short of those we at this instant actually
experience. The enemy have commnnenced their barbarities, and
butchered some of the inhabitants in Tryon county, nuimbers of
whom, impelled by apprehensions too well founded, are already
moving, and the rema.inder preparingo to -fllow. In the dilemlma
to which this calamity has redutced us, we wish, in order to prevent a total depopulation of the best part of our remaining territory, to have it in our power to assure the inhabitants that the two
regiments of our state line will be destined for the frontier service;
anld we therefore take the liberty to request your excellency to
enable us to give these assurances, and to be informed from you
whether this, or any other equal force, will remain for the protection of the northern and western frontiers. As nothing but the
fullest conviction that such severe calamities will follow from
withdrawing these troops, as will be replete with ruin to the comnmon cause, could have induced us to this request, we trust in your
excellency's candor for a favorable construction of our intentions.
Any interference in your comimand is the fartlhet froml our wish.
A,iva'Lt of atbility to ri'be C(a COo:p)eteoP t body of tr'ops jor the defense of -the fonztiers, and ta conviction of the neeessitcy o/f at least
doublU,?iy their -ntcmbeer induce us to- entreat your excellency to
afford us whatever futiter assistance you may have in your power.
5   -iThe wacot of some acrtillerisit.s ancdd field artillerly when the
enemy penetrated into the country in the last caimpaign, was an
evident disadvantage. We could, theretoree, wish for such a portion of them as your excellency may judge adequate to this service.
The frequent calls on the miilitia, in the course of the last cam1 E(rly Hslt-tory, 320-,23.  VerT'ionllt R;isto)rical Collections, Vol. I, 417.




.54                    Introduction.
paign,r have elxhausted all owr stock of am monition,; and, as we
have not the means of obtaining any, except from the public [continental] magazines, permit us to entreat your excellency to
direct a quantity to be expedited to this place for the use of the
troops (militia) who may be called into the field. The commanding officer here will doubtless inform your excellency that the
troops in this cideptar!nent are destitute of provisions of the m2eat
ckind; that, 0o the 6th instant, there was beef at t  Ft Schuyler
only for fifteen days, and that the troops in this city [Albany] and
Schenectady are billeted upon the inhabitants for want of that
article of provision. As a present relief, que ave aC avanced atl the
0money i'n o0,ut ti easufry, amounting to about twelve hundred dollars
of tile new emission, to our agent to purchase beef. From this,
however, v\ e expect little success, as there are no beef cattle'tithin
the state.      By order and in behalf of the legislature.e)
May 4, gen, Schuyler wrote to gov. Clinton that it would be
impossible to keep up a sufficient guard on the frontier for want
of provisions.2
May 5, genl. James Clinton to gov. Clinton: From present appearances I am convinced the troops will abandon the frontier.
It is absurd to suppose they can or will exist under their present
circumstances.         I have repeatedly called for assistance
from every quarter, but could obtain none.3
May 19, Schuyler, at Saratoga, to goTv. Clinton —extracts:
The tories are fleeing to Ca:nada, and the enemy is soon expected
in force. Only thirty-nine levies are as yet come; we have not
above one hundred and fifty [in the whole] and none are expected.
4'- *  I cannot, in justice to myself and family; any longer risk
my property here, and intend to leave to-morrow unless I receive
letters this day announcing the approach of more troops. It is
a mortifying reflection that so fine a country must be abandoned
for want of men and provisions.4
The state of New York was at this period threatened with attacks from the Indians from the valley of the Mohawk, and the
British army in Canada upon her north-eastern frontier by way
of lake Champlain. In summing up the condition of the state, col.
Williaml L. Stone charged: that at that time treachery was rank-' the poison was actively at work in New York"- actively at
work even in Allbany - and pictured his own state in culors of the
saddest shade:
1 Cor)espocndence of the Revoluition, Vol. Inir 228.
Cl linton Papers, No. 3691. 1 Same No. 3692. 36  1 Same, No. 3729.




The Policy of Vermcont.               55' Under all these circumstances of internal and external dangers, with but slender garrisons at the points of greatest exposure,
and those so miserably provided that the soldiers were deserting
by dozens, showing dispositions not equivocal of going over to
the enemy, without provisions or the means of procuring them,
and scarcely knowing whom to trust among their own people, lest
the disaffection should prove to be more extensive than recent disclosures had taught the officers to suppose, the spring of 1781
may ztell be considered as the (darcest period of the Revolu7ti)on^9
THE POLICY OF VERAMONT.
The foregoing review  of the condition of Vermont, and the
action of congress constantly adverse to her —of the condition
of the country as to the war for indepeenecee, and of New
York, -covers the period antecedent to the actual commencement
of the Haldimand negotiation, IMay 8-25, 1781. At this period,
the independence of Vermont was menaced by New York and
New Hampshire; and, without her consent, congress was entertaining their claims; while within her own borders, Vermont was
weakened and embarrassed by parties favoring the states on the
east side and the west: so one immediate and indispensable task
of her statesmen was to maintain her independence against foes
within and without. There was, at the same time, another duty,
equally indispensable, not only for Vermont but for the country at
large, and that was to protect herself and the nation from a British
army of ten thousand men in Canada. Practically that army
then had possession of Vermont and northern New York to
Ticonderoga-of two-thirds of the territory of Vermont. The
people and government of the remaining territory stood alone for
their own defense -- the only barrier to Haldimand's advance to a
junction with sir Henry Clinton's army in the capital of New
York; or, by the military road through the settled portions of
Vermont, from Ticonderoga to Charlestown, N  H., and thence
1Stone's Life of Brant1, 153; HI. Hall's Early History of Verm7vonit,
341-344.




56                      Introdnctl'etion.
by the valley of the Connecticut into the heart of New England.'
Washington and congress could give no aidl, not even so little
as provisions and pay for Vermont soldiers in continental service.
The other New England states could give no aid, because Washington was demanding, in circular after circular, all their resources
in men and provisions.2 New York was powerless to defend herself, and was asking and receiving the aid of Vermont.
Vermont then stood entirely alone, and at the utmost slie could
not command more than seven thousand men against Haldimand's
ten thousand.3 Successful resistance was impossible: what could
not be done by force must be done by policy. This is the key,
both to the Haldimand negotiation, and the concurrent action of
Vermont in extending her jurisdiction over adjoining portions of
New Hampshire and New York.
This policy was adopted by the Vermont leaders as a dernier
resort. The mlost of the the  thn believed that an armistice was
" impracticable, at least for any length of time," but that it " was
necessary for Termnont.4 The extension of the jurisdiction of Ver1mont to the Mason line in New Hampshire was merely a coWp dce
qmain; and on the same day, February 14, 1781, the assembly of
Vermont claimed jurisdiction also to the territory of New York.5
The Haldimand negotiation was capcpaentiy adverse to the common cause, and therefore unpatriotic; but, in,.fact, it served and
saved that cause in the time of its greatest need. The claims to
the territory of New Hampshire and New York were apparently
unfounded and unfriendly; but they were abandoned by Vermont in
due time, and were really powerful for peace among the three states.
The Haldimand negotiation and the encroachments upon New
Hampshire and New York, combined, extorted JUSTICE TO VERMONT, from both congress and those states. The policy of Vermont
1Lord George Germaine's instructions to Haldimand, he reafter given
in his lordship's letter to sir Henry Clinton, February 7, 1781.
here were seven circulars of this purport between January 5 1781
and May, 4 1782.-Life and'Writings, Vol. -r, 354, 381; Vol. vm, 36,
123, 226, 232, 283.' I'C Allen'.s Hfistoistor, emot stor'ical (Collections, Vol., 42().
4 Samze, 420. 5 Slme, 413, 414, 418.




The Policy of Vermont.                     57
was in its inception doubtful and dangerous, but it was also indispensable; in its results, injurious to none; and for Vermont, tri:
umphantly successful.'
From June 1776 to August 1781, congress had been steadily adverse
to Vermont. July 31, 1781, a letter from lord Georgt Germaine to sir
Henry Clinton, indicating " the return of the people of Vermont to their
allegiance," became known to congress. Immediately the disposition
of that body towards Vermont was radically changed. August 7, resolutions, looking to a recognition of Vermont on condition of her surrender of territory she had claimed from  New Hampshire and New
York, were adopted by the vote of every state except New York; and
on the 14th, James Madison, of Virginia, a member of the committee
on the subject, stated the reasons in the following letter:,James XMadison to Ecmuzzcd Pendleton.
PHILADELPHIA, August 14, 1781.
Dear Sir:-The controversy relating to the district called Vermonlt,
tle 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 federal state. A relinquishment made by Massachusetts of her claims;
a despair of finally obtaining theirs on the part of NTetw York anCd TYew
_Iampshire, 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, fiom which
they emigrated; the just ground of apprehension that their rulers vwere
engaygig in clandestine negotiations with the enemzy; 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, 346-353. KMadison Papers, Vol. i, 96.
Though Vermont was not admitted to the union till 1791, the resolutions of August, 1781, gave a pledge, of which the final admission was
the fulfillment.
8








THE HALDIMAND PAPERS.
JANUAPY 11, 11,779, TO MA/RCI[ 2,, 1783.1
I-I.- General ]Hialdimiand 2 to Lord George Glermnaine.3
1779.   Your Excellency acquaints the Minister, that the inJ1n. 11. surgents of Vermlont under Allen still give umbrage to
what is called the New York Government.4
H. —Lord George Germiaine to G-eneral Haldimnand.
The Minister says, "'The separation of the inhabiIMarch 3. tants of the country they style Vermont from the provinclts 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 Robinson to fthlan Allen.
NEw YomK0, March 80, 1780.
1780.  Sir:-I am now undertaking a task which I hope you
March 30. 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
1 Eacl of the Haldimland Papers jwill be (esignatel by the letter II
prefixed. The sources of' all other documents will be indicated.
Governor of CanaLda, Lieutenant-General and Commlander of the
British army there.
3 Of the British Cabinet Seeret, ary for Anierican Aftlairs.
4 Hctaldmacld Pcapers, Ms., Vol. I, 516. Many of the papers are only
notes of and extracts fioml original papers, made for the use of Gen.
HTaldimand. They are given literally in this volume, except that the
dates are transferred to the margin, and the editor has supplied
headings.,,




60                The Haldimcand Papers.
and chimerical scheme of the Americans in attempting to separate
the continent from Great Britain, and to establish an independent
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,' and I here promise that I will faithfully lay them
before him according to your directions, and flatter myself I can
do it to as good effect as any person whatever. I can make no
proposals to you until I know your sentiments, but I think upon
your taking an active part and embodying the inhabitant 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.
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 constitutional and equitable connection
with Great Britain, do not communicate 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
whichl 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.
Sir Henry Clinton, at New York city.




Proposal to malce Vermont a British Province.    61
I can say nothing further at present but my best wishes for the
restoration of peace and happiness to America.
And am your humble servant,
BEv. ROBINSON, Col. Royal Americans.
To Col. ETHAN ALLEN, 
State of Vermont. 
The suggestion of Haldimand, the reply of Germaine, and the
proffer of Robinson, all show that the then pending controversy
with New York was the lever by which the servants of the British
crown were attempting to move Vermont froml her integrity to
the cause of American Independence.  " A SEPARATE PROVINCE 7"
was the bauble with which she was to be bought. Bauble though
it was when compared with the free and independent state which
Vermont aspired to be, it was, under the circumstances attending
its offer, by no means a small temptation. To measure it justly, the
controversy itself, and the state of it when Robinson's letter was
received, ought to be considered.-See Introdluction, p. 16.
In the summer of the year 1779 war between New York and
Vermont was threatened; congress interposed in 7September to
preserve peace; but the proposals of congress were entirely unacceptable to Vermont, whose legislature unanimously rejected
them in October, and in December the governor and council issued
" an appeal to the candid and impartial world," in which Vermont's independence of congress, and the states claiminlg jurisdiction over her, was declared. June 2, 1780,congress unequivocally
condemned the course of Vermlont. At that time both New ]York
and New Hampshire were claiming jurisdiction over Vermonlt,
and the delegation of New York in. congress had suggested a comnpromise with New Hampshire, which would have absorbed Vermont. Embarrassed bly internal enemies, threatened with annihilation by New York and New Hanmpshire, coingress adverse, two
thirds of her territory open to the British and Indians, and the
rest threatened by a strong British army which held the way to
her frontier settlements: this was the condition of Vermont when,
in July 1780, Ethan Allen received Robinson's letter. That letter
held out the promise that Vermont should be a separate province'Ethan Allen Papers, Ms., in the Secretary of State's offi ce, Montpelier, p. 327. Though dated in March, this letter was not delivered to
Allen until July or August.




62                 The IIcaldinand Pcpers.
under the protection of Great Britain. It implied that independence of New York, for which Vermont most ardently longed; it
implied exemption from the tyrannical exactions of New York;
it implied peace with Great Britain, and a powerful ally to defend
Vermont against every assault. Indeed, had Vermont acceded to
the proposition at that time, it may well be doubted whether she
would have been attacked at all-lwhether th-e American revolution would not have failed. It is not unreasonable to say, that
there was much in this offer to tempt Vermont; and much patriotism and courage in her rulers to neglect an opportunity that, in
their then desperate circumstances, promised comparatively so well.
Williams regarded Robinson as the agent of sir Henry
July.                                    zn
August. Clinton, one of the king's peace commissioners:
The wish and aim of the British general in New York was
first announced in a letter from col. Beverly Robinson to Ethan
Allen, at that time a colonel in the American service.I The letter
was dated New York,   archl 30th, 1'780, and delivered to Allen
in the street at Arlington, in July, by a British soldier in the habit
of an American farmer.         On the receipt of this letter,
Allen immediately commnunicated it to the governor, and a numbler
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.2
Ira Allen, who dwelt in the same house with Ethan, and was
thoroughly informed as to all public affairs in Vermont, agreed
with the above statement, but added:
Mr. Allen perused the letter, theln told the bearer that he
should consider of it, and that he might return. 5?,  General
Allen ilmmediately 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 prisoners in
Canada, that the governor should address a letter to the commander-in-chief, generl al aldimand, on the subject of a c:lrtel for the
exchange of prisoners, and send a flag of truce with it to the first
British ship stationed on the lake, which waas accomplished.3
1Allln was brevet colonel b)y tlle authoriit of congress. Hie was not
in the continental service, but in the service of Vermlont as general.
2 Viilliams, )Vol.,l 202, 204.
3:Vermon1 t Historical Collections. Vfol. i, 411, 41.5.




First letter of Gov. (Jhittenden to G-en. Hhtadimand.  68
The attack on Royalton was not made until October 16,I so a
reference by Mr. Allen to that event, (s of July, 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 la.st autlumnl?.
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
general Haldimand was in July, and for the relief of prisoners
taken in the spring of 1780:
An event took place in the spring of the year 1780, which
furnished the British with an opportunity to make a similar attempt [as sir HIenry Clinton's through Robinson] from Canada.
A number of men had been made prisoners in a descent, which
had been made by some of their scouting parties, and carried
prisoners to Canada. Their friends applied to gov. Chittenden to
send a flag into Canada to negociate their release or exchange.
The governor complied with their request, and in the month of
July a flag was sent with a letter to the commanding officer in
Canada. In the fall the British came up lake Champlain in great
force; the commanding officer brought a favorable answer from
gen. Haldimand to gov. Chittenden's letter, and sent a flag to
Ethan Allen, then a brigadier general and commanding officer in
Vermont, proposisc a cessation of htostilities with V'ermontt, during
a negociation for the exchange of prisoners.2
In a'" memorandum" of dates, in the Ethan, Allen Patpers, are
two dates - thus:
n Govr. Chittenden to General Haldimand, July, 1780."
" Col. B. Robinson to Gen'- Allen Rec' Augt- 1780."3
The first repeats the statement that gov. Chittencen asked an
exchange of prisoners in July, while the second fixes the receipt
of Robinson's letter in Augutst instead of July, and was doubtless
erroneous.
Out of this confusion it is desirable to draw order, nor is it unimportant. It is to be observed first, that there is no record sv1 Thompson's Vermont, part Iu, (9.
~Williams, Vol. li, 205. s E. Allen Papers, 1s., 375,




64                 The Haldimand Papers.
idence that Chittencene wrote to Icfacldimand in Ji.dy 1780: not in
the Zlaldimancd Papers on Vermont, which date back to January
11, 1779; not in the Stevens Pa2ers, else Mr. B. H. Hall would
have been as careful to note such a letter as he was to note the
letter of September 27;' and not in the journals of the council
and the assembly. The latter was not in session between March
17 and October 12, and there was no action on the subject at the
March session. The governor and council did hold special sessions in June and July, but there is no record of any resolution
or other action on this subject. Again it is to be observed, there
is record evidence of an capplication for the relief of Ve'rmont
prisoners in Canada, which was made to gen. Washington in Atgust. It is found in a letter of Washington to gen. Haldimand,
August 30, 1780, and another of the same date to Ethan Allen.
The letter to Allen is as follows:
General' acshing(ton to Colonel Ethan Allen.2
IEAD QUARnTERS, 0 August,!780.
Si: -I have been favored with yours of the 16th instant. I
cannot, without deviating from the rule of conduct which I have
constantly observed, exchange the officers of colonel Warner's
regiment at this time, because there are a great many who have
been much longer in captivity, and have therefore a just right to
a preference. But, to endeavor to afford them the best relief the
nature of the case will admit, I have written to general Haldimand, and proposed to him to send thenm and the other pri;soners
of war in his possession to New York, where we can furnish them
with supplies of different kinds, which we cannot, from the great
distance, forward to Quebec, and where theywill be exchanged
in due course. I have also represented to general Haldimuand
what you report of the treatment of our prisoners in Canada;
and I hope my remonstrance will have the desired effect, should
the cause of complaint be well grounded.
I am, &c.,                 GEO. WASHINGTON.
1The index to the Stevens Pacpers shows only one letter from Chittenden to Haldimand, and this was in volume eight, which contained the
correspondence of 1782. This letter was therefore the one written in
July, 1782, when, according to Williams, gov. Chittenclen wrote to gov.
Haldimand, requesting the release of two Vermont officers, then prisoners in Canada. -Williamzs, Vol. ii, 211. See note 1 on the next page.
2 Life cad c Writings, Vol. VII, 179-180.




Feirst letter of f-o'v. Cititenden to (-en. Haldimand.  6.5
These are all the statements obtainable as to any application
for an exchange of prisoners, in 1780, previous to September 27.
It certainly is reasonable to conclude that Williams, - writing
from general recollection fourteen years after the event —was
mistaken as to the date, as Allen evidently was as to the occas.ion
of the application. Courtesy required that applieation should be
first made to Washington. Failing in that, humanity both required and justified an application to the British commander.
The application to Washington (did fail. His papers show no
reply from Haldimnand; and it is; now known that the latter's
instructions from the British minister required him to deal directly with Vermlont, as lie really did. Allen's letter reached
Washington in two weeks. Tw0o weeks for the return would
bring the answer about the 14th of' Septembher. With Robinson's
letter in their hands, did not Chittedeen acnd Allen then k.novl that
Washington's application would be vain, and that their only
chance was with Haldimand?    With that view, most probably,
the only letter in 1780, of which there is record proof, was
written on the 27th of September. It will be seen that after
the commissioners had been appointed to negotiate an exchange,
Chittendclen again wrote to Washington, asking for British prisoners in Washington's hands to exch-ange for Vermonters.
The'record evicdence is this:
September  Gov. Chittenden wrote to genL. Ifaldimand Septem27.  her 27 1780, asking a cartel for exchange of prisoners."'
October 20: Haldimand's instructions to his commissioners.2
October 22: Halclimandc's letter to gov. Chittenden, by major
Carleton.
If th.is view of' the facts is correct, two important conclusions
follow: one is that gov. Chittenden proposed to Haldimand simply
an exchange of prisoners, and not until lie judged the application
of Washinigton would fail; and the other is, that'rLTE TR'UCE was
proposed by Haldimand, and used bly him as the opportunity for
B]3. It. LIL's me. meiemorandun from the Steveas Pafpers. The index
does not refer to this letter, nnd it is possible the date was found in Haldima.nd's letter to Chittenden, October 22, of which Mr. I-Hall gave an
extract only.
2 Date in Haldlima.tnd's instructions of December 20, i.70s post.
9




66                 The Haldimand Papers.
attempting to detach Vermont from the American cause. Oct. 22
Haldimand proposed a truce for negotiating an exchangge; Vermont accepted this offer Nov. 1; and thereupon, Dec. 20, Haldimand added, to the negotiation for an exchange of prisoners, a
negotiation to make Vermont a separate province.
The invasion of the British from Canada up lake
October. Champlain, alluded to above, was early in October. The
general assembly met at Bennington on the 12th of that month,
and the first action, indicating any knowledge of this movement
of the British, was on the 18th:
IN COUNCIL: October 13th, 1780.  Resolved, That capt. Giles
Wolcott be and he is hereby appointed a commissary to purchase
or procure and forward on provisions to the militia who are collected and collected [collecting] in this 2present alarm.'
IN ASSEMrBLY: Mr. David Robinson, the constable attending on
this house, requested he might be dismissed to go in the alarm, and
Mr. Timothy Follett take his place  granted.2
This was the same time at which the intelligence was received
at Albany, and as that place was quite as accessible as Bennington, the fact would seem to be that the Vermonters were as
prompt in giving the alarm as were their neighbors. Col. Malcolm wrote to Washington froml Albany, October 13, informing
that the enemy, - numbers uncertain, from four hundred to eleven
hundred and fifty -landed at South Bay, took Fort Ann, burnt
several houses about Fort Edward, and yesterday (12th) returned
towards the lake. The militia ordered out; would have marched
col. Van Schaick's [New York] regiment, but he thought the
men would desert. " Nothing from the Grants; I suspect all is
not right."
This letter was enclosed in another froml gov. Clinton,. who
wrote:
"It is a little remarkable that we had not the least intelligence
-from the Grants of the appearance of the enemy, though they
passed their settlements in boats on the way to Fort Ann."3
Again, on the 18th, gov. Clinton wrote to Washington:'Journc)as of Comuncil, 1776 to 1780, 311.
Assemzby Journzcl, 1778-1784, 125.
Washington Letters, in UT. S. Dept., Vol. XLII, 341.




New York invaded by the British.            67
I received no intelligence from the Grants, either whether the
enemy have done any mischief there, or whether their militia is
turning [out] for our assistance."'
On that very day, it will be seen, he asked assistance from gov.
Chittenden.
The reader has already seen that the Vermont militia were collected and collecting at the very time when Van Schaick was declining to march his regiment to meet the enemy. South Bay,
[sometimes called West Bay,] is on the New York side of the
lake and opposite to the then frontier line [in the range of Castleton] between Vermont and the enemy. It could hardly be true
that the enemy passed by our " settlements," though they did
pass our scounting-grounds, - possibly in the night. Their designs were against New York, and not against Vermont, as the
British policy then was to favor Vermont at atthe expense of New
York, with a view to future operations.
As a further comment upon gov. Clinton's complaints of Vermont, another letter from col. Malcolm is cited, which is by no
means flattering to the spirit of the New Yorkers on that occasion. On the 16th of October he wrote again to Washington, declaring that the [New York] militia were ordered out eight days
ago, but only sixty had app eared, emphatically adding ~  It is
past doubt, unless some troops soon come, Albany and   cehenectady wuill be our frontier.^2
October 18, col. Webster for gov. Clinton wrote from Albany to
gov. Chittenden for assistance, and on the same day Chittenden
replied, that he had called assistance from  Berkshire [Massachusetts;] the [Vermont] militia were at the north, but he would
send the Berkshire militia as soon as they arrived, adding that
Vermont was Ta always ready to co-operate in any measures for
the defense of the frontier.'3
Governor Clinton subsequently denied that he had given any
order to Webster, and said he would never acknowledge the independence of Vermont.4
Correspocndence of the.Revolution Vol. in, 122.
2 Wtashington's Letters, Sttie Dept., Vol. XLIrr, 24.
Clinton Papers, Nos. 3281 and 3282. Ants, 51.
4Index to Stevens Papers, 26.




68                 The Ilialdimoland Paplers.
While this correspondence was going on, the enlemy had been
busy and successful in their work of devastation.
October 10, Fort Ann was invested by the British, under major
Carleton, and its garrison surrendered; on tlhe 13th Fort George
capitulated;' and after destroving 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 [Chamnplain] 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 imet by an express-boat 1which brought them all back.
On the evening of that day a reinlforcement arrived — between
five and six hundred."'
This report was treated by gent. Schnuyler as evidence of a
second invasion in greater force; and it occasioned great alarm,
in both New York and lVermont. Etlhan Alien and other Vermont
officers seem to have had the same apprehensions as Schuyler, and
hastened to warn the Vermont authorities.  Carleton returned on
the 25th, according to Schuyler, but lie had been lingering for
three days near Crown Point and opposite the Vermont scoti"nground, so that Allen had reason for anticipating mischiet' to fVe'rmont, even if he did not hear of Carleton's retirn on the 25th in
time to write to gov. Chittenden. Some of Allen's letters were undoubtedly written oil the first advance of Carleton, but the last
letter may have been as late as the -24th, when Carleton was near
Crown Point.
IN GENERAL ASSEMBLY: October 23, sunldry letters from gen.
Allen, dated headquarters, Castleton, 22d October, 1780, were
read.3
IN GENERAL ASSEIBLY: OctobFer 2 6, 1780. Sundry letters from
general Allen, col. Herrick, and capt. Sawyer were read, giving
an account of the enemy's approaching toward our frontiers:
therefore Resolved, that as the present alair requires the assistance of a large number of the Imembers tor the pr'rpose of joining
the army or taking care of their families, which are in ilmmedliate
1 Earl, y  istory, 320.
2 Schuyler, at Saratoga, October 3, to Vaslshingtol. - -l (OhIM/toil Letters? in State Department, VTol. XLII, 129.
3 Assei.blty.7Jou r)Is, 1778-1 784, 140.




Action of Ternmont Legislature.            69
danger, that this assembly be adjourned until Monaday next [30th]
and that the several members who stay at this place [Bennington]
are hereby appointed a colmmittee to join a committee from the
council, when necessary to prepare business to lay before this
house at their opening; and all matters that are referred for hearing this week are-re[ferred until the opening of the assembly.
Adjourned till next Monday morning, 10 o'clock in the forenoon.
Monday, October 30th, 1780: Met according to adjournment,
and there not being a quorum of the house present, adjourned
until 2 o'clock, afternoon. Met according to adjournment,   and
there not being a quorum of the house present, adjourned until
to-morrow morning, 8 o'clock.
Tuesday, October 31st, 1780: Met according to adjomurnment.
Several letters were laid before ile assembly by the gorernor,
particularly one from goenl' Haldimand of Canada, dated at Quebee, October 2d t    To0 directed to  ov. Clhittenend;1 one from
lmaj1' Chs. Carleton, commlancding   a parity of the British, &c.,
dated at Crown Point, October 26%th, 1780 c directed to genll Allen,
both of which contained proposals to settle a cartel for exchanging prisoners; likewise a copy of a let-ter from gen!. Allen directed
to col. Webster, dcaed Castleton, 29th October, 1780; a copy of
a letter from o1en1- Allen to maj1' Allen, [Carleton,] and a copy of
a letter from genl Allen to miraj' [Ebenezer] Alien, were read.
Likewise the governor informied the house that he had wV rote to
genz Haldimand - l) advice of his council,2 m'kinj o9/'wOoSs to
exch7ncgtne pr,'ia onsers which occasioned the letters from gen1a. ]Taldimand iad mlaj'1' Carloeto, rc.
Thereiupon Reolfved, that this assembly do approve of the captain-general and commander-in-chiefs    laking proposals to his
excellency, govi1. Haldimand, fbr settling a cartel for the exchange
of prisoners, and further advize and commend to hi  to apoint
andc empower some suitable person or persons to furthller negotiate
the settlement o a cartel with maj'r. Carleton, agreeable to gen'l.
Haldimand's proposals for that purpose.
Resolzed, That the captain -general be and hereby is requested
to disclarge the militia alnd volunteers raised for the defense of
the northelrn i ontiers.3
1 Undoulltedly brolught by the express-boat, wiich eame o 011 thie.2t1h,
and Carleton's return must have been i- coinsequence of orders then
received, and for the purpose of tendering the armistice to Vermont.
2 Therel is no record of a cny action by the council on this subject, in
either July or Septemlber. It is most probable thit gov. Chittenden
took advice of councillors privately and wvithout a formnal session. Several councillors Vwere not informled of the subsequent negotiations.
3 Assembly Jourl'tnl, 1778-1784, 143, 141.




7 0           /The ltfaldilmaand Pacpers.
As these letters announced a cessation of hostilities towards
Verlmont, and thie )reues't of A.lel - to Ctrleton to incluclde New
Yor)k also, the house seemed to think it unnecessaiy to keep the
militia in the fiecd, whose return to their families would be a great
relief to them as well as to the treasury of the state. On the
same day the above resolutions were received by the governor
and council, cand were recorded. ira Allel was then a member
of the councle and his statemnent was that, after some altelrcation,
Carleton admit-ted Ethn Al en ie' s proposition, and " a truce was
settled, including the fronltiers of the state of New York to Hudson's river.  TJTis sti?)ldatio' )iw. e, as to New York] was not
pvMlict7i lclkntoow,; the militia of Velmontt were immediately disbanded, and permitted to return home."'
The letters relatloing to the ti tuc' aind cartel, colmmunlicated
to the general assembly y y  ov. Chittenden on the 31st, were all
copied into the Stevens Pt'.ape   except the first, Chittenden to
I-Taldimand, of which only a note is found, made by B. H-. Hall,
wsith the following:
CGeneral Hi-Czalduaimand to 0fov_)-eror ChittfC(,Zen.
QUEBEs, October 22, 1780.
6 If vyo  wirll send a proper person with full power to major
Carleton at Crown Point, or  t,. Johns, to confer upon this business, I shall authorize the major to receive h11'n but expressed
an unwillingness to comply with the request 1of gov Clhittenden
for an exchaange of prisonersl] under the ci: cum stances.'{'-ao Oar"eton to Ge'ne'ra!'than A"lie
Cr,0wNT POTIT, October 26, 1780.
Sir: — By the learer, capmt S3lewood,(l I received general Haldimandc's letter to governor Chitt1ende, on tile s;o lljct of an exchange of prisoners. I have autiholrioLzd captain Sherwood to
treat with the goveror and you onl.Le st ubjecet; though could I
imeet w ith you, or him, or botI0l, pel haps the business would be
sooner coelaclded, as, should any cm-cltei y aCrise between captain
Sherwood and you, mily insltructions are so ample that I flatter myself tllat I could remove them,
Dulring the continuation of t his negoti.tion, no attacks or iisults
shall be offereld  o any post or scout belonging to your state or in
your boundariesa  I expect you will observe the same, ancd recall,
1 t. Di-st. Coll., Vol. i, 4t5, 41(.




Truce, for xcacgele of Prisoners.          71
as far as lies in your power, your scouts, to prevent this [through]
inadvertency on either part the appearance even of not adhering
to the above.
I am, sir, your most obt. servt.,      CIA\S. CARLETON.
Brigadier Gen. Alen.'
Genercal than Allen to lfiaj'or (JtCarleton.2
HEAD QUARTEaRS, Castleton, 27th [29th3] Octoberl 1780.
Sir:-I received your letter to me, with general Haldhimand's
to gov. Chittenden, last evening, by capt. Sherwood.
Every respect will be shown your tfag, and no hostilities will
be permitted on my part; and it is expectec 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 general Haldiiantds, 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.
To CAas. Carleton.                                E. A.
Gene'ral Eith/an Allen to Colonel -7Webster.
HEAD QUARTERS, Castleton, 29 October, 1 780.3
Sir:-Last evening I received a flag from major Carleton, colmmanding the British troops at Crowni Point, with proposals from
general I-aldimand, commander-in-chief;in Canada, for settling a
cartel for the exchange of prisoners. Mlajor CarleWon has plecded
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 Yolrk] should suffer an incursion in the interim
of time, I haave -tCs day dispatched a lag to major Cavleton, requesting that he extend cessation of hostilities on the northern
parts 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 aim, &c.,   ETH-AN ALLEN.
To Col. Wiebster. To be communicated to Col. Williams and
the posts on your frontiers.4
1iEthcan Allen Papers, 331. 2 Samze, 333.'Allen's letters to Carleton and Webster were evidently of the same
date.
i Ethca Allen Pacpers, 335.




72                XIThe Wailimacnd Paepers.
(6eneral lft7ian Allen to (,Colo)nel 1eter.
RUPERT, about break of day 1
of the 31st October, 1780.  5
Sir:-Maj. Ebenezer Allen, who commands at Pittsford, has
sent an express after me to this place, informing me that one of
his scouts, at 1 or 2 o'clock r. in. on the 29th inst. from Chimn-ey
Point discovered four or fiTe ships and gun-boats and batteaux, the
lake covered and black, all making sail to Ticonderoga, skifls
flying to and from the vessels to the batteaux giving orders; and
the foregoing is quoted froom the letter verbatim. But I cannot
imagine that major Carleton will violate his truce. I have
sent major Clark with a flag to major Carleton, particularly to
coionfirm th truce on zmy p1art, and have given him to understand
that no hostiliteies will1 be permitted on my paryat, and likewise to
intercede in behalf of the frontiers of New York. What the motive of the British may be, or their design, I know not. You
must judge for yourself. I send out scouts to further discover
the conduct of the enemy. Maj. [Ebenezer] Allen thinks they
have a design against your state.
From your humble servant,            ETI-HAN ALLEN.
Ira Allen stated that Ethan Allen "' agreed to the truce on condition that the frontiers of New York should be included," &c.'
The italicised words of Ethan Allen, above, probably mean that
the truce had been agreed upon by both parties on Allen's condition, and that he would permit no hostilities against the New York
frontier. le had, therefore, sent a second flag, u to confirm the
truce " on his part and insist upon the inclusion of New York.
This interpretation agrees with Ira Allen's statement that  th this
additional territory produced some altercation."
liMfaor ]Ebehnezel Allen to Coloneel Wlrebsiter.
FORT WARNER,, October S0th, 1780. 7
7 o'clock P. MI. 
By certain intllligence received by lieut. Cox, of my detachment, (who returned this day at one o'clock), at Fort Vengeance,
from a scout, he informs mte that yesterday at 2 o'clock p. m;., he saw
five ships, sone gondolas, a great number of batteaux, so that
the lake looked black, all sailing to the southward. He saw
them from their march at Crown Point sail some miles. A great
number of fires down at Putnam's point was burning. These are
Yt. Hist. Col?., Vol. T, 415.




Vermont Commissioners for a Cartel.       73
to notify you to give a good look out, for I believe that they intend to make a forced march on the New York frontiers.
I am, &c.,          EBR. ALLEN, Maijor' CYom02andiny.
N. B. General [Ethan] Allen is on his way home. I am
afraid the enemy has out-generaled hilm.
Ethan Allen was " on his way home" on the 30th of October;
on the 31st'he was at Rupert; and the following official record
indicates both that he must have reported at Bennington on the 1st
of November, and that THE TRUCE, PROPOSED BY THE BRITISH TO
VERMONT, had been agreed to by Allen and Carleton, as it was on
that day confirmed by the governor and council of Vermont.
17so.   IN COUNCIL: His excellency, the governor, requested
Novemberi. the opinion of the council with respect to appointing
some proper persons, and authorizing them to treat with major
Oarleton, for the purpose of settling a cartel for the exchange of
prisoners Whereupon,
Resolved, To appoint two persons with full powers to settle a
cartel with maj. Carleton for the purpose aforesaid.
Resolved, That the hon. Ira Allen and Joseph Pay, esquires, be
and they are hereby appointed and empowered to repair forthwith
to Crown Point or St. Johns and enter upon the establishment of
a cartel for the exchange of prisoners.2
The scouts reported Carleton as sailing from Crown Point to
Ticonderoga on the 29th of October. That was the day on which
Ethan Allen sent his flag with the overture for the protection of
New York. This demonstration of force was therefore made by
Carleton while the proposition for a truce was yet pending; and
it was, in that view, a demonstration against Vermont. But in
connection with the reports of a truce with Vermont and the disbanding of her militia, the intelligence produced a panic in New
York, and grave- suspicions as to the fidelity of Vermont to the
common cause. Nor were these fears and suspicions confined to
New York alone, but were entertained in eastern Vermont as
well.
1 These letters to Webster were all sent to gen. Schuyler, and by him
to gen. Washingtont. —Ta.s71. etters, State Dept., Vol. XLTII, 129.
2 Joti' als of Comt ncil, 1776 to 1780, 328.
10




74                  The Haldcimand Papers.
Joseph Yc.arsh, cht., to General Wacshington.
DRESDEN,I on N.. Grants, Nov. 3d, 1780.
Malray it please your Excellency:
We have this moment received a paper attested by capt. Safford, of which the enclosed is a copy, its contents to us unintelligible and alarming. We know not what construction to put upon
it unless a negotiation is on foot for a separate peace for the new
state, which we have heard has been threatened if Congress
should not acknowledge the independence of Vermont, and admit
them to union. Under these apprehensions we send the enclosed
to your excellency, as the consequences of such negotiations may
be speedily fatal to the settlements contiguous to Connecticut
river, and more dangerous to the United States than the late
treachery at West Point.  The enemy, in number 300, destroyed
Royalton and part of Sharon in this vicinity about a fortnight
ago, and took 30 prisoners.  Scouts lately returned fromi Onion
river discovered last week about 1000 of the enemy near the confluence, whose object is supposed to be Coos or this place. Our
situation at least, is critical, and we are in danger of being totally destroyed soon, unless assistance is granted for our defense.
Our apprehensions respecting the enclosed may be groundless, but
our fears are great.  I write this in behalf of the general committee
on the Grants contiguous to Connecticut river, and have the honor
to be with highest sentiments of duty and esteem your excellency's
Most obt. and most humble servant,
JOSJPH M ARSH,, Chairman.2
Supposed to be a part of H-anover, N. II., adjoining if not embracing
what is now West Lebanon. %Mr. Marsh's residence was in the Veri
mnont town which adjoins this supposed district. Dresden was represented by Bezaleel Woodward in the Vermont legislature, October
session, 1778, and Hanover by Jonathan Freenan. Dresden had a printing-office in 1777.-See Vermornt Historical Collections, Vol. I, 69.
2This committee acted for towns on both sides of the Connecticut
river; probably, at this time of special alarm, as a " Committee of
Safety," but possibly also in reference to the conilictingo projects of jurisdiction, which were zealously discussed in that region in October, November, and December, 1780, and down to February 14,1781, whenl Vermont
decided to extend her jurisdiction eastward to the Mason line in New
Hampshire, and westward to Hudson river. Mr. Marsh was a resident
of Hartford, and had been fiom 1772; was elected delegate to the provincial assembly of N;'ew York in 1775, but served only a short time; was a
member of the convention which adopted the Constitution of Vermont,
and lieutenant governor in 1778, and from 1787 to 1790.




Alarm on account of the Truce.            75
[ENCLOSURE.]
Extract of a letter from lajor [Ebenezer] Allen, dated
FORT'VENGEANCE, October 30, 1780.
To Capt. JESSE SAPFORD, supposed at Bethel Fort.
Dear Captain:-I received a letter from. gen. Allen last evening informing that the evening before he received a flag from the
British troops at Crown Point, with letters of importance from the
commander-in-chief at Quebec.  Major Carleton hath pledged his
faith that all hostilities on his part shall cease during the negotiation, and he expects the same on our part. You are, therefore,
carefully to observe the rules of war and give strict orders to
your scouts and troops to govern themselves accordingly. A copy
of this letter you will forward to the troops stationed on your
side of the mountain. If the spirit of this letter were made
known to the inhabitants on your side of the mountain it would
be well.
I am, dear sir, your humble servant,  EBENEZER ALLEN.
The above is a true copy from an extract attested by the above
named Jesse Safford, commanding a party of men raised by the
new state and stationed at Bethel on White river, taken by desire
of the general committee on the New Iampshire Grants contiguous to Connecticut river.
Attest,               BEZA. WOODWARD.'
Several documents have already been cited, which prove the
panic on the New York frontier and extending to Albany, at this
time, and of the fears and doubts as to Vermont; but there are
others to the same effect.
Col. Webster, in communicating Ethan Allen's letter of October
31, unwittingly attested the great dependence of N ew York upon
Vermont for protection.
Colonel Webster to General Sehutyler.-[Extract.]
" I am persuaded our situation is truly dangerous. I expect to
hear by some of my scouts any moment that the enemy is at hand,
and if we are obliged to leave this place [Granvillej the inhabitants will move off, and there is no telling where it will end.'
mnake no doubt but at first sight it will aptpear that the G-rants 7have
left us to ourselves, either to stand or fall. I hope the most speedy
exertions will be made to oppose the enemyy."2
1 Wash. Letters, State Dept., Vol. XLIV, 31. 2 Same, Vol. XLIII, 129.




76                  The t   taladimancd Papers.
General Sch7l,,utler to Gene'ral T,,tashSic/toIn.-[Extracts.]
October 31.' Sending a flag to Vermlont for the purpose of
exchanging prisoners appears to me only a cover to some design
of the enemy, and gives me much uneasiness, especially as
rumors prevail that the _person, whom your excellency was informed to have been in New York in July last negotiating with
the enemy, has been in New York, but I calnnot learn that any
one can positively ascertain either of these facts."  " P. S.-I
am this moment [November 1] informed that the person I have
alluded to in this letter has been to Canada, about six weeks ago,
but the information is not such as I can depend upon."'
General V;asctinytoit to  enerlll StSi er'. — [Extract.]
NO     I colnfess all circumstances and previous information
considered, that matters in' a certain quatoter carry a very
s.spicions facte.  Should it appear, uponl a further investigation,
that there are good grounds for present suspicions, you will concert measures with brigadier-general Clinton (to whom I have
written on the sulject, without mentioning names,) to seize and
secure, wit   h as muceh secresy alnd as suddenly as possible, the person in, qtuestion with his papers.  You know how very delicate a
business this is, and I therefore tlrust to your prudence in the execution of it."2
(jeneral Schatler to G-enerial 7W,'sitingto, l.-[Extracts.]
November 12, 1780.   " I have had several emissaries on the
Grants.  Since my last letters they have all returned, but without
that full information which I expected."  Of the sutspected )person
he writes: " On the day the British flag arrived, he was heard to
say —I the time is at legyth come that twe shall be t' eed Jfrom the
(domination of Xemv Yoricers.1S  ThIlis can be ascertained.  My
Watshington Leteters, in State Departmeint. Vol. xl iII, 129).' Life and WVritinys, Vol. v\II 283.' Tllis almost absolutely indicLtes t1hat ETiIA A-N  LEN wai':S' thle suspected person." The flag was sent to limI, and it is not k mown, nor is it
probable, that on that day any leeding m1llan o Vermonlt waxs: at Castlet1on
except Allen, the legislalture thein being in s'ession at lBealinglton. Ethan
Allen hadl been tempted by tlhe British hiefore:
Mr. Sparks, Atueu'tcat.Bior'(q:htij, Vol. i-, 319) said:'ic  While he was on
parole in New York, [Decemlber, 1776,] a IBritish otficer of'rank land importance sent for him to his loldgins and old lni thi at his fidelity, though il a
wrong cause, had madlle an imlpression upon general Howe, AVwho was disposed to show him a fa vor, and to advance him to the command of a




Ethan Allen Su1spected.                    77
agents say that it is generally believed large offers have been
made the people of the Grants, but that nothzinig will icnduce the
bulk of the people to desert fromn the commonr calue; that the flag
returned  to Carleton] on Thursday, [November 9,] accompanied
by a deputation of three members from the Vermont assembly;1
regiment of loyalists, if he would join the service, holding out to himl at
the same time brilliant prospects of promotion and lmoney during the.
war, and large tracts of land at its close. Allen replied " that if by
faithfulness he lihad recoimmended himself to generacl Howe, he shoiuld be
loth by unfaithfilness to lose the generals good opinion;" and as to the
lands, he was by no means satisfied, tlat the king would possess a sufficient quantity in the United States at the end of the,ar to redeem any
pledges on that sore. The officer sent himl a way as an incorrigible and
hopeless subject."
Benedict Airold had betrayed his trust two days previous to Carleton's
invasion. The same Beverly Robinsonl who had tempted Allen in the
preceding July, was a British agent in Arnold1C s treason; and altlhough
Robinson's letters to Allen wvere uot sent to congress till March, 1781, it
is not lunreasonable to suppose that Alien had confidcentially so spoken
of the matter as that Washington should be acpprized of it. It is certain
that, in the summer of 1780, suspicions wrele entertained in AVermont, and
were communicated to gov. Clinton, that negotiations were going on bv
Vermoniters with the British in Canada,- see Eacste'er Vter)mot, 3()
381, —and it is also certain that, in July previous, gov. Chittendle  had
declared that Vermont wats " at liberty to offer, or accept, teirs of' cessation of hostilities with Great Britain, " and that this declaration was
read in congress on tile 12th of' Septemiber. Putting this declaration
withi Arnold's treachery oin the 28th of Septeniber and Allen's truce on
the 29th of October, it is not unreasonable to suppose that Washington's
and Sehuyller's suspicions poinited specially to Allen.
Washington believed the invasion of Carleton had been made ill the
expectation that Arnold's treason had succeeded, [Life Cad WrV it/izy os, vol.
viI, 269;] so finding that Carleton had spared Vermont? le iighlt suspect that Allen was an accomplice. -Had Arnold's plot succeeded, sir
Henry Clinton would have held Hudson river to Albany; andc had Allen
been a traitor, lie would have aided Haldimand to join his army to sir
Henry's. As Allen at that time did not conceal firoml New York officers
the facts of a truce and negotiations with the British for an exchange of
prisoners, so in March, 1781, his letter to congresss communicated the
proffers of Robinson, and a frank avowal of thle right of Vermonit to nake
lterms with Great Britain, in self defense, againist New York, Xew
Hanipshire, and congress. It was not the policy of Vermont to allay
these suspicions of her fidelity to the coimmon cause, but rather to use
them for her own special advantage, without harm to the country.
1 robably the tw(o commiissioners to negotiate a cartel, appointed by
the governor and coiunCil.




78                7The IlCaldi2tand Papers.
that the people are in a great ferment; that capital charges were
exhibited againsatAllen; that he was cited to appear before the
assembly; that when the charges were read he belhaved with the
utmost impropriety, dcrawing his sword and threatening to cut off
some of their heads if they did not imm-edicately desist; that the
colmmand of the militia was taken from him"   That a certain
pe;0'rson is engalged in the enemy's interests I make little doubt of,
but I do not think it either prudent or politic that he shlould be
seized at present; a little time will probably furnish us with sufficient testimony for a conviction."
Step'ten L U'Si, to govyernor tJlin ton.-[E xtracts.] 
ALBANY, Novenmber 7. The enemy are still at Ticonderoga,
nor can we hear that they manifest an intention of continuing
down lower into the country. -  i  The cu'ses of the multit.ude
will hfll upon the heads of those who have drawnv out the poor
militia menl from thieir homes at thi  eason of the year upon the
authority of accounts received from one Ebenezer Allen-, whom
nobody knows. The defection of gen. Allen (so called) will
probably be alleged as the reason, t     The' council of the
new state, as they term themiselves, are nowt trying Allen upon an
impeachment containing eleven articles; whethel' they are in jest
or earnest it is impossible for us to determine.
Governor C0liiton to Stephel)  Lusi:.-[Extract.]
November 9. If Alien is guilty of unwarrantable practices
with the enemy, he is not alone. The present trial I have no
confidence in. It may be calculated to save appearances, and that
is most likely.
The information given by Schuyler, of the ferment among thl
people of Vermnont and accusations against and trial of Allen,
were not unifunded, though not entirely accurate, as will appear
from the following record 
Proceecdin')gs of the Genelral A's'embtly oVf Vermont, ol7vember 3
to November 7, 1780.2
FRID AxYo, November 3 1780, - AF'TErNTOON.
A  iremltonctrcs e so g e t llcoiawticn' was handed(c  to the
SpealCer dad O aeed
That the consideration and hearing of said remonstranrce be
referred until to-morrow morning 9 o'clock, and that gen. Allen
be served with. n copy of said remonstrance and this resolve.
1 iton Pcaper s; 352.
2 Alssebly Jolrna1ls, 1778-1784, 150-176. Early Hfistory, 324.




Et7han Allen Accused and Acquitted.         79
SATURDAY, November 4, 1]780,- MORNING.
The remonstrance of capt. Hutchins which was referred to this
day was read, and, after some debate, was dismissed; after which
gen. Allen made a speech in the house to the assembly in which
he observed there was uneasiness among some of the people upon
account of his command, &c., and that he would resign his commission, and if the assembly thought best to give him the command
at any time, he would endeavor to serve the state according to his
abilities, &c.
AFTERNOON.
Resolved, That this assembly will take the matter of remonstrance signed Simeon Hathaway and others into consideration at
some convenient time.
Ordered, that the consideration of the remonstrance signed' Simeon Hathaway, for himself and others," be postponed until
2 o'clock in the afternoon of Monday next.
Rxesolved, That the resolution passed for dismissing the remon —
strance signed by capt. Win. Hutchins, be and is hereby reconsidered, and therefore,
Ordered, That said remonstrance be taken into consideration
on Monday next 2 o'clock afternoon.
MONDAY, November 6, 1780.-AFTERNOON.
The remonstrance by capt. -utchins, and the remlonstrance
signed by 6 Simeon Hathaway for himself and others," which
were referred to this day, were taken under consideration, and
capt. Hutchins's remoenstrance was read and the other ordered to
be read, and while reading gen. Allen rose up and said lie would
not hear no more of it, as it was beneath his character to sit
there and hear such false and ignominious aspersions against him,
&c., and went out of the house. After some debate, a lmember
of the house was desired to notify him that the assembly would
proceed to take the matter of capt. Hutehins' iremonstrance into
consideration, and would hear the parties, &c  Gen. Allen
accordingly attended and requested to know of the house whether
they would proceed to hear the remonstrance of Mr. Hathaway,
and if they did he wvould not attendc to neithel, and being answered that they both would be taken into consideration, he went
out of the house;- aind, after some debate, and taking thle evidence of Joseph Fay and Stephen R. Bradley, Esqs., the miatter
was postponed until to-morrow morning.
TUESDAY, November 7.-MORNING.
The remonstrance signed Simeon tathaway, w ich was refTerl id
to this day, was read, and after some debate was referred until
afternoon 2 o'clock.




80                 The Haldhimancd Pacpers.
AFTERNOON.
The remonstrance signed Simeon Hathaway, which was referred
until this afternoon, was taken under consideration, and a ft;er some
debate 
Re.solved, That the remonstrance signed'd Simeon Hathaway for
himself and others," be dismissed by reason of the undue forml
thereof.
Resolved, That capt. Win. Hutchins have liberty to withdraw
his remonstrance against gell. Allen.
Resolved, That a committee of two be appointed to return the
thanks of this house to gen. Allen for the good services he has
done this state since his appointment of brigadier-general;- and
that this house do accept of his resignation as brigadier-general,
according to his offer made to this house on Saturday last. The
members chosen were Mr. S. Robinson and Mr. Jones.I
While the general assembly of Vermont was hearing the
charges against gen. Allen, the panic still continued in New York,
on reports that the British were invading that state through lake
George. November 3, genl. Schuyler issued a circular to the New
York militia to rally at once for the defense of the state, and assured themn that the people of the -rats.,ere marching to their
assistance, but he feared they would be too late;2 and maj. gen.
Heath wrote, Nov. 7, thatt Allen, w:ith eight haundreced men, w'as expected fromt the G-rants. This hardly accords with the concurrent suspicion of Allen. But these reports were incidents of a
causeless panic, and the distrust of Allen and of Vermont was
founded on the idea that Allen had protected Vermont by a truce,
and left New York to resist Carleton alone. In fact, Carleton
did not renew the invasion, but retired, in accordance with the
truce, much to the relief of New York.
G-eneral James Clinton to CGore, rnor Clinto(n.3
ALBANY, November 12, 1780. The shipping have gone down
the lake except one schooner - only four hundred men - encamped ten miles below Crown Point.
1April 12, 1781. TIN GENEPRAL ASSEM3BLY: Genr. Ethan Allen
chosen brigadier-general of 1st brigade of militia.
June 20, 1781. Samuel Safford chosen brigadier-gencral in tlhe roon
of gen. Allen, who delined accepting the former appointment.
Wash. Letters, State Dept., Vol. XLTIT, 163.
3 Cliton Pacpers, No. 3362.




Alai,?m, in _Eastern TVermoennt.         81.
Thie conduct of the people of the Grants appears suspicious.
They have appointed a commissioner to confer with a flag from
Carleton - the object is uncertain- the ostensilble one a cartel.
Very hleavc clhargles have been thrown into the assembly against
-en. Allen, who report says, is (lismissed frol his commant d.
This, probably, will renldell him more desperate."
Further evidence of' uneasiness existing in eastern Vermont is
found in the followtinu letter from a prominent and influential
citizen residing oln t.he northl-eastern frontier of the state:
Gene;:al, ac,(b7 B]~ayle't1 to President ilh(qare (f INTe'aw It-hamps'hire.'
NET:.URYnvs, 22d November, 1780.
8i'r:- The season is suclh that the enemy is not likely to do
any more mischief at present.  We thought the soldiers had better
be discharged, and I suppose mnj. Whitcomlb's soldiers will be
furloughed; therefore you need no issuing commissions here, but
II should think if maj. Childs or any other man should continue
purchasing, (which I should think advizable,) that col. Charles
Johnson should be appointed to receive. It will be doubtless
necessary that at least two hundred men is [be] sent here as soon
as the first of February, as then the snow and ice will be hard and
fit for snowm-shoeing.
I understand general Allen has 1made peace for Vermont till
that time; but as we don't own that state, we shall be their only
lutt. If the United States alnd 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 G-rants, which I
am sure you could if' you only desire it, the country would be
safe; but if you split ait the [Connecticut] river, you keep all in
confusion, and must still defend for your own safety and reap no
lenefit, neither tby tax [Lupon the people of Vermont] nor by
vacant [Vermont] lands Awich is very considerable. While the
matter hangs in a suspense, thle enemy may take possession, (they
claim it by the Quebec bill, as w\ell as part of your state;) then
where is your state? For my par t I am determined to fight for
Nesw Hamupshire and the Tnite(d States as lon, as I am alive and
have one copper in my handl  butt if our exertions are not greater'El.tnt Aitlenlt fP'cpe1s, 341. Jaco)b:Balyley had lh eldl commiinssion as
hrigadier-geleral of militia, unlder tile aUttthority of New York. and was a
civil officer on like althlirit-, till 1777 h; whenll he, witll the people of
his vicinity, r'cognized and joitnedl the then new state governml'ent.
Tllis letter shows that, ast its datei, lie was of the party which then favored
the aitso)rption of Vermont rb New TIHamnpslire.
11




82                The Haldimand Papers.
and more effectual, another year will end the dispute, [and] not
in our favor.
The United States suffer themselves to be attacked, front, and
rear, and on the flanks. Did Burgoyne get clear when that was
the ease with him? Our chariot is in the mire.  Praying to
Hercules or France, without putting to the shoulder with all our
might, will not do. This frontier is the only one for five hundred
miles west remaining. It is near the enemy. It is of great importance to you, as well as the other New England states and the
cause in general. Shall we forever be on the defensive, and yet
not able to defend ourselves, as it is impossible we should while
Canada is in the hands of the enemy. Shall we not make an attempt on Canada-that harbor for spoils, thieves, and robbers.
I must confess, the cause is sinking so fast in my view, I am
willing (as I see no other remedy) to make the attempt, if I run
ten chances to one to die in the attempt.
Sir, I hope you will excuse my freedom, and give me leave to
subscribe myself your honor's
Most obedient humble servant,
JACOB IBATLY.'
f[on'bl. Mleshech WTearee.
HI.-Governor Chzittenden to Governor Cliinton.
STATE OF VERMIONT,             }
IN COUNCIL, ARLINGTON, November 22d, 1780.
Sir:-Inclosed I transmit your excellency a copy of my letter
to congress of the 25th of July last, and a full examlination of the
controversy between the state of New York and this state, and
duly considering the present peculiar circunmstances of both states,
I am induced to make a positive demand on the legislature of the
state over which you preside, to give up and fully relinquish their
claims of jurisciction over this state, and also propose to them to
join in a solid union with their state for mutual defense against
the British forces which invade the American states, particularly
such parts as make incursions on the frontiers of the two states
from the Province of Quebec.  Such a union for the reciprocal
advantages of both governments, I am willing to ratify and confirm
on the part of this state.
1Thus in the copy, but usually printed BAYLEY. About this time
Bayley wrote to general Washington, referring to Allen's flag to the
British, and saying there were "six or eight rascals in. Vermont.1"-Index to Stevens Pcqpers, 15.




Vermont's Demand on Newt York and NTewv HCampshire.     83
Colonel Ira Allen, who delivers this, waits your answer to these
proposals.
In behalf of the council and general assembly,
I have the honor to be, &c., THos. CHITTENDEN.
His Excellency, GEORGE CLINTON, ESQ.,
Governor, ic., pc., of the State of New York.
To be communicated to the legislature thereof.'
James Duane (New York delegate in congress) to G-overnor
Clinton.-  [Extract.]2
November 29.   " Our Vermont business remains quiet, but is
not forgotten.  I foresee there must be a rehearing, as there is a
1This demand was made in pursuance of gov. Chittenden's notice to
congress, July 25, 1780, that if that body declined to adcl.t Vermont into
the Union, " this state will propose the same to the legislatures of the
United States, separately, and take such other measures as self-preservation may justify." (State Papers, 122.) That was the letter enclosed to
gov. Clinton. The governor and council had been authorized by the
general assembly on the 8th of November, as appears by the Journals
qf the Coancil, 1776-1780, 342:
IN COUNNCIL, Thursday, November 9, 1780.
The following resolution received from the house and ordered to be
recorded, viz.:
In Gener'al Assemiibly, Novemlber, 1780.
" Resolvec, That the governor and council be and they are hereby requested and authorized to appoint proper persons to negotiate for tills
state, at congress and the other states, for the purpose of procuring assistance towards the defense of the frontiers, and any other matters that
shall be necessarv for the benefit of this state.
Extract fiom the journals.        ROSWETLL HT)OPKINS, (Cer."
Gov. Chittenden's letter was sent to the assembly of New York,
February 5, by gov. Clinton; February 21, the senate resolved, with but
one dissenting vote, to appoint cormmissioners to settle the terms on
which New York would cede her jurisdiction to Vermont; February
27, the house of representatives proceeded to consider the resolutions of
the senate, but were prevented by a threat of the governor to pJrorogrlte
the general assembly. Gen. Schuyler was the author of the proposition
for conceding the independence of Vermont, and on the 12th of March
was appointed chairman of a special committee of the senate, charged
with framing an address to the governor on the subject of his " thl-eatening letter," but the matter was dropped, for the reason that, in consequence of Vermont's encroachments upon the territory of both New
Hampshire and New York, it was believed that congress would decide
the controversy in favor of New York.-E arly Hiistoy, 32'-336.
2 Clinton Papers, No. 3393,




84                 The 1aidi'mZ(nd Pape)rs.
considerable chanlge in tlie house, not for tli wNorse, nor will the
late conduct of those distracted people -if it is true that they
have made a truce with the enemy -   ain tlhem -favor. I shall
do my duty at every event."
Etintn Alien to l U-enel  l o. ri tatk.T
S,; u)L I:RLANDV, ithl December, 1780.
S'i:-    01Yolu letter to gov Chittenden and me are colncCl)lr. tinLed marks of friendlship to V ermiont anl deltmand my
grateful acknowledgements. I perceive irom intelligencce collected
every way icorroboratilng rorll letter, that the transactiotos of this
state in making a truce wit h thle Br1itishl andt brilging forward a
cartel olr the exchange  of prisonllers lhas considerably engrossed
the attention of the public. Ouat gcneulrl a. sse ly l wt ill sit the
[first] Wedaesday of FebruaLy next.   Soon aftel, I expect a
manlifesto will le publislhed, inl whicl will be ex-hibited -lmany things
which the public are anxious to knowl. Till tlhat time lpeoptle mlst
be content with lsuch conjectures as )est Suits.  a n at a loss to
form an idea Twhat tl-le L  Untited States would lhave- Veri  mont to (do.
G-eneral Jo/'n Stark. lo/mimN AiLiEN.
STAT1 E OV! V(zEl:M'-ONT?;
IN C()OUNCIL  l illigtot, 12tI h Decemei)or, 1780. t)
Si: - Enclosod I trailsmnit your excellenc- a copy of tiny letter to congress of the 2;Sth of' July 1 ast, \whicl, itotclOer wi  this,
I'request may be laid before tile leg'isiatlre of the state over,vholrl
you preside:for their lperlsal and considera-tion, as it is tle only
method that Vermont has at lr)eseent ill heri 1(w-e' p 0'10  olicitino a
union withi the United Sttates to propose it to their seveiral leislati'es sepa rately, anld as I have 11ot received. alI ainsanwer fr'om
congress to miy pr'oposal of' lliol ii 1m1y,'aid letlte to thelm, or
to sending other similar of-ters firom this governlent rwitl additional proffelrs to tllat honorable bodt to 1obena' a jlust proporution of
the expense of the present wac  witllh'iat lea1 1iitaill, it Coes not
appear that congress hlave dete'minl itto adliiit t-iis' statee Into
uitnion. The argumients andi lieplesentatltios exliited in my said
l:tter to congress are equally applicallie [r tlie considelration of
the several legislatures of' the United uSttces. Tllis beinll  prerised, I proceed to propose an allianie, and permanent conicderation between the states of Conneletimut an1d Vemn'ot against the
1 Ethan Al en, l-fpe's  3. Tlue letters of (gener:l Sall, to wlic this
vwas a res'po))1ns,'are 1t inl tlhe inmolt  ad ot(fial (tor(riepl)(ondeln  of
Starl'k.




V7rmon2t's Appleal to (Con?..ecticut and -Rh/ode Isltand.  S3
hostile attempt of British poiwer, on such conditions as may )00
agreed upon for the mutual advantage and securiity of the lilerty
and independence of the two states respectively. Similar prolosals are made to the legislature of Rhodie Island iad -Providence Plantations by this government, and also a demand on the
legislatures of the states of Newr York, New Hamnpshire, and Massachusetts Bay, to relinqmuish their claims of jurisdiction to Verlmon1t, witlh proposals to unite with them in a like union.
The citizens of tlis state are of opinion that it is owing to the
undue influence which those contiguous claiming t' tates (to this
territory,) ha\e in congress tihat Vermont hlas hitllerto been prevented ifrom a union wvitht the United States. This they consider
the greatest injustice and ilngratitude, as they lhave ever since the
commencement of the present war been a frontierl in part, to
every one of tlhem, and in suclh circumstances have nothin  better
to expect fiom tlhem at rtle conclusion of tlis wa, thian to 1)e
obliged to wagte anotlher Awar wmith them to prloect their liberties
against their exorbitant clailms, or fall a pr ey to them, notwithstaudin suchl a series of sunfferings and beneficial service Cdone
to the United States in enieral al and to them in particular in the
course of this war. aAd althouogh these cosidcelrations, absitracted
from all otihers, are suificiently dciscouraging, yet additional evils
arise when we consider ti th  free of the enemly in Cana(da  the
probalility of their bee iom, reinoi rled between tlis aind the conclusion of the next camplaign togetlher with their advantal- os ofi
the navigation of' the lakes h, by whrich means they can suddenuly
brinel theiri whole force into this state,  hich canl ttot i il to be
their object next campaig, iunless somie mIeasutres b)e in-mediateiy
adopted to lprevent it, as the ifontier settlements of the state of
New Y0ork are lalreadty destroyed  In a Aworid, their force will be
so great tlat it will b)e out of the power of this state to form in nagazines and1 sU)l:)Ort a botdy of trloops sufficiet to mwithstaind tlll,
and the con-sequence must inievitably be eititer that tlhe inlabitants
of' this state be sacrihced; or 2dlyf they must lbe oboied to retire
ilnto the interioi p)arts of the United States for safety; or rdly,
be under the disarleeable inecessity of makinL the best terms
with the i ritisl that inay be in their po\\wer. Nearly the same
would be the condition of either of the United States separately
considered from tleir union, (as tlhey would, e  lunable to w ithstandtl thle British ploer,) which may abundantly serve to evince.
that it is out of the power of Vermiont to be furthler serviceable to
them, unless they are admitted into the union.
I anm, your excellency's most obedient,
and nmost hulmble servant, TI os. CHIrrisvEND N.
Copy attest,      T1OS. TOLuIAN, 1. SYe('ty.
lHis Exeellecyg Gqovero)/) TaoZnlzcdl [l T bnabll. ]




86                 The I-ldimaIci)- d Pup C'ier s.
Indorsed: (" No. 5.)-Copy of letter fiomn governor Chittenden to governlo Turnbulnll [Trumbull,] dated Arlington, 12th December, 1 780.'
H1.-Goveleiror (CJltecnen, to Goverinor I'iaockl of Mf[assachutlsetts.
STATrE OF VAERAMONT, 
I: C UNCIL Arlilngton, 12th December, 1780. 
S'ir:-Enclosed I transmiit your excellency a copy of my letter
to congress of 25thl July last, whlich, 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 applicable for the consideration of the several legislatures of ithe United States separately.!Many and great are the evils whilc  Vermont labor under.
Coongess claiming a ju:iisldietion over them  three of the United
States claimino thleir teirrritor, in whole, or in piatt, actnd Vermont
at the same time a ftont-ier in part.to those very states, alnd exposed to Briitih invasio firom Canala, swho being possessed of the
lakes can suddenly brinl their whole force into this state, which,
beyond he:sitation wiA ll be thleii ojec et ext campaigd, muless
some immediate measures be adopted to p'revent it, as they have
already destroyed the fiontier settlements of the state of New
York. In a wortd, their force will undoubtedly be so great that
it will be out f'the the powier of' tile state seto i)orm magazines and to
support a b)ody oi t1rops tufficient to twthstand them, and the
con(se(uence imust inevitably.lbe eitlher thiat the people of this
stat bei sacrific-led  or, 2,ly, be obii'(ed to retire into the interior parts )of the United Staltes for safety;  or idly, be under
the disagreeable necessity of miakling tile best terms with the
British that Ilmay, e in their power; nearly tlhe sane would be
tile condition oi' either of the Uiited States separately considered
fOiom tlhei union (as they w\tuld be unabtle to withstand the lBritish
power,) whicl mality ablundatitly serve to evince that it is out of
tlhe power o'f Vermont to Io fIuthler serviceailde to them, unless
they are admitted into unio-ll
This state are t opinion tlat it is higlily time she had better
assurances Ifroml tle sevelal states now in uiuon, whether, at the
conclusiol of tile pt esent w\ar, she may without molestationi enjoy
her independence, or whether she is only struggling in a bloody
war to esta'lish neighboring states in their iindepeldence to overthtow or 1 swallow up her own and deprive her citizelns of their
landed estates.  do, tllereiore, in behalf of this state, demand
your legislattlre that they relinquish their pretensions of a claim
to jurisdiction over any and every part of this state, and request




G-enera l  Hlaldimrand' s Instr ctios.     8!
them to join in a solid union wAith Vermlont against the Blritishl
forces which invade the American,tates.
Such a union for the mutual advantages of bothl 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 hunmble servant,
(Signed)                     TInos. Ci ITTENr 1LN.
A true copy, attest, TRos. TOLMAN, IP. AScc'y.
His Excellescy, Gove rnor 7i:atcocli.
Indorsed: (" No. 6.)- Copy of a letter from governor Chittenden to governor Hancock, dated Arlington, 1.2th Deceml)el,
1780."'
El.- (eneral ialcdinavnd to iLordc G-eor7(e Germ aine.
December 16, [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] soime time since, have been, or may be accepted.
The above is placed in the index to the Haldirmand Papers as
of December 16, 1781, though the year is not named il the memorandum itself. The reply of gen. Haldimand to lord George
Germaine's letter of February 7, 1781, was dated May 28, 1781,
and referred to Halclimand's letter to the Minister as "of the 16tl
of Decemnber."  This therefore fixes the.date as givenl above,
The truce with Ethan Allen had then been agreed to, andi the
Vermont commissioners had entertained Haldilmandls agents witl
"much political conversation, and exhibits of papeis took place,"'
from which, according to Williamns, " the British concluded they
were in a fair way to effect their purposes. "3
H.-Instrluctions of Generacl IfHaldimand to (:'ommi..; ioe('S a Cpointed to nego6tiae'witlh VTermon1ot.
INSTRUCTIONS TO..       [.. [JUSTICE SHIEIW'OOD AND GEO. SMYTIIT.]
Having given you full power ill my1 name to negotiate,
Dec. 20. il conjunction with M..... [major Dlundas,] with tle
people of Vermont for the exchange of prisoners by my
letter of the 20th of October, I now instruct you in  V11hat youl
1In consequence of this appeal, the legislature of MIassachusetts resolved to relinquish her claimn of sovereignty over Verlmont, provided
conogress should acknowledge her to be an independent state, and I(lamit
her into the union. -— Early History, 328.
2 Vt. Hist. Col., Vol. i, 416. 3'Viliams, Vol. II, 207.




8S                 The RI ldi'manCd? Pcpt)er'.
may assure and pronmise to tllem as the lmeans of accomlm.odation~
and their retiurn to their allegiance.  Senisille of the in]ustice
which individnals in the New York govoernment ait',ttelciteid agtainst
tle-m, in soliciting  and oltailin ing gants of la.(nd -whlic  had, in
consequence of graints from New Ha mpshiire, b1een. cultiva ted by
the labour andl industry of the inhablitants of' te CGreen Aountains,
I always regretted the measures A hich were taken by tle government- of New York, anid felt coinmpassion for the unlhappy
people who were the objects of tlhemn. I have always beel of
opinion that a people, who, durin'g the last war were so readyT on every occasion to oppose the enemies of Glreat, 13'itain, 7 an(d 0[would]
never have been prevailed upon to separate tilemselves from a country wiitll which they were intimately connected by religion, laws and
language, had their properties been seectred( to tlem. It is therefore with great cheerfulness that I a'uthorize orou to ie llese
people the most positive assurances that tlueir counttry  ill 1)e
erected into a separate province, indeplendenlt and intlcollected
with every government in America, aud will be entitle(-d Io e ve(:yc
prerogative and immninity which is promiised to other povionoces inl
your [the] proclamation of the King's comiissioIners.  Tlis I
hope will be sufficient to remove  veiry jealousy of Great Br-itaiin
wishing to deprive theml of tlheir li)bertios, or of mly ever becoming an instrument to oppress themt. I sincerely wish to bring
back to their allegiance a brave and unlhalpp)y people, so thitht tlhey
mayy enjoy the blessings of peace, libierty, and an honest inldstry.
From -the report you made me, I consider these people as,iniere and
candid in their propositions. I will therefore act towards tlieml
with the sincerity of a soldier lunpracticed in deceit and chicanery,
and you may assure tlheml that I wvould be sorry to engagoe -i;em il
any enterprise Nhich limilght prove ruinous to tllheml.  a1m I ensible
tlhat their situation is delicate; that the utmost caution is necess'ary
not only with regard to the powlerfill enemlies whicll siurround
them, but with regalrd to their own people, whose prejudices are
great and nmainy anld who can1no1t, at ilti't view, se tle advantag e
which will accrue to America in oenera. l  s well as to t thelmselves
in particularl, from a reconciliation with i;e moltbet' cou(lt;ry. 1
aml so much convinced of the present inftatiation of these people,
and so ifr Ire0ioved friom elxpecting that the people. withl wlhtom you
niegotiate will betray any triust reposed ini thtem, that I agree,
that this negotiation should cease and any step tha1t leads to it be
forgotten, provided thie congress sha-ll grant ilte stat of  ermont a seat in their assemlbly, and acklnowledge its independency.
I trust that time and other mlethods will brinlt about a reconc)ilia1Doubtless nmet;ing the proclamation and maniifesto of tihe kingl'
commissionuers to the peotple of the colonies in 1778.




General Ia-ldiriancd's Inst7ructiozns.      89
tion and a return to their allegiance, and hope and expect they
will act 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 provisions of half-pay which His Majesty has been pleased to
make to the officers of provincial corp[s who take arms in support
of his government, 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 defense 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
themselves 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 December, 1780."'
H. - (CoPY.) - Queries suggested by... nd answzers thereto.2
1st. What forces    To 1st and 2nd. As soon as the people
may I say Men [Al- of Vermont shall declare, either for a noulen] shall expect, and trality or for the King, I will cause to march
when?               3000 or more troops, according as situation
of things in the other parts of the province
will admit, to the lower end of Lake Chain2nd. How far will plain in order to support them, or to cothey penetrate into operate with them in any plan which may
the country?       be agreed upon.
Although dated December 20, 1780, these instructions probably were
not communicated to Ira Allen until the meeting with Haldimand's
commissioners, 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.,
produtced their credentials, as also Col. Allen." — Vt. Hist. Coll., Vol. I, 421.' These queries may have been suggested by Ira Allen, but evidently
they were put to general Ialdimand 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 instructions in detail on the points raised.
12




90                 The Haldimnand Papers.
3rd.   Shall the    3rd. There is the greatest necessity to
truce be  privately keep the negotiation secret, and to remove
continued with Ver- even every suspicion of it; therefore the
mont, and will neu- truce cannot be privately continued, nor
trality at first be ac- trade granted. The correspondence will be
cepted and t r a d e carried on by flags, and these must be congranted?            ducted with the most rigid precaution. I
am equally sensible with the people of Castletown, that there are spies from New York
and other Colonies within this province, and
who will be very apt to watch every motion.
The flags from XVermont, as well as those
from Albany, will, for the future, be stopped
at Point-au-Fer, where proper persons will
be sent to confer with them.
4th.   Will the     4th. With regard to the 4th Query, it
whole of the New    appears so reasonable that I can see no difHampshire or Ver- ficulty in it; however, as the rights and premont grants of land, tensions of many individuals, even amongst
as they now stand, themselves, may be comprehended in it, of
be confirmed to the the particulars of which I am entirely ignograntees, or as many rant, and having no authority to decide conof them as return to troversies of that kind, I cannot undertale
their allegiance, and for anything more than that the country shall
all other claims in- have a separate jurisdiction independent of
validated? will Ver- every other in America, which to me appears
mont have a sepa- sufficient to secure the property of every perrate jurisdiction from  son belonging to the State of Vermont.
any othergovernment
under the King?
5th.   Will they    5th. With regard to the 5th query, you
have the privilege of may say that as their province will be perchoosing their own fectly independent of every other governrepresentatives and ment under the King, they will have an
civil officers, the gov- undoubted right to every immunity, exempernor excepted?    tion or privilege mentioned in the proclamation of the King's Commissioners.
6th. Will the gen-  The 6th query is comprehended in the
eralkeepup a corres- 3rd.
pondence by flags?




Governor Chittenden to General Washington.     91
7th. Whether brig-  7th. Lieut. Colonel Allen will certainly
adier Allen shall com- have the command of the troops of Vermont,
mand his own brig- subject, nevertheless, to the orders of the ofade in camp or ac- ficers whom General Haldimand will send
tion [act] as a tempo- with the 3000 men, but who will not interrary brigadier?    fere with the particular arrangements or detail of the troops of Vermont.
Indorsed: " No. 3, Queries and Answers."
Governor Chitteneeen to General Washington.
ARLINGTON, STATE OF VERMONT, 15 January, 1781.
Sir: -I am extremely unhappy when I view the
1781.  critical situation of the interest of the United States,
Jan. 15.
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 necessary
to make the common interest become mutual, and which, I am not
insensible, puts it out of your excellency's power to hold such
correspondence' as, I presume, from your known humanity and
warm attachment to the liberties of mankind, would be otherwise
granted with pleasure.'
Notwithstanding I esteem it my duty to inform your excellency
of the perseverance of the inhabitants of this state in the grand
cause of liberty in which they have embarked, and of the high
estimation they entertain 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 any intelligence which
may, in the least, add to your burden. But duty to my country,
and self-preservation, make it become necessary to present an official account of our situation in this quarter, so far as respects the
interest of the common cause; 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.2
1This is a frank acknowledgement of the fact that, so long as Vermont
was not recognized as a state by congress, Washington could not officially correspond with Chitteenen.- Correspondcence of the Revolution,
Vol. III, 209.
2The letters of November 22 and December 12, 1780, to New York
and the New England States,




92                7Te IHadclim and Pacpers.
I can only mention further to your excellency, that many prisoners, inhabitants of this state, are in the custody of the enemy
in Canada; and that, notwithstanding we have taken more than
three times the number from them, it is at present out of our
power to return equal numbers, having delivered prisoners so
taken, from time to tihme, to the United States. We are about
settling a cartel for the redemption of our men in Canada, as before mentioned.' I must therefore beg your excellency'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, humLble servant,
THOMAS CHITTENDEN.
Bever'ly.iaobSinson to Ethian Allen.2
NEA  YORK, February 2, 1781.
Sir:- I sent two copies of the above letter [of
1781,  March O0, 1780, ante, e59, the -first on the 12th of
April and the second the 24th Qf May last, neither of
wNhich I am afraid got to your hands, as I never had any answers
from you. But the frequent accounts wre have had for three
months past from your part of the country confiirms me in the
opinion I had of your inclination to join the king's cause, and to
assist in restoring America to her former peaceable and happy
constitution. This induces nme to make another trial in sending
this to you, especially as I can now with more authority, and assure you that you lmay 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 what
manner you can be most serviceable to government, either by acting witli our northern army [Haldimand's] or to meet and join
our army [sir Henry Clinton's] from hence. Should be glad you
1 If this is not a slip of the pen, it impllies thact 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 collespondence.
12 Ethcat Allen Papers, mis., 345.




Lord George Germaine to iHaldimand and Clinton.    93
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 R egiment.
To Col. Ethan Allen, Vermont.
H.-Lord George G-ermaine to General EHTaldimand.
February 7, 1781.  (No. 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 Georye Germaine to Sir IHenry Clinton.I-[Extract.]
WHITEHALL, [London,] February 7, 1781.
The return of the people of Vermont to their allegiance, is an
event of the utmost imnportance 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.2  General 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 betweenl Albany and the Mohawk country.
How far they may be able to extend themselves southward, or
eastwardc, 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 themrby
Hudson's river will appear irresistible to people here.3
1Word for word as to Haldimand on the same. day.
Washington h7ad entertained such a design at times friom Septemiber
1778 to December 1779.- Life and Writings, Vol. vi, 56-423.'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.




94                 The Haldinmand Papers.
THE EAST AND WEST UNIONS.
December 1778 to July 1781.
Between December 9, 1778, the date of the Cornish convention' and November 1780,2 two schemes had been suggested in
congress and to some extent favored in New York and New
Hampshire,3 and by the adherents to New York in Vermontone being to assign the whole of Vermont to New Hampshire,
and the other to divide it between New Hampshire and New
York- thus disposing of a long and troublesome controversy.
These schemes were known to friends of Vermont'; and after the
withdrawal of the agents from congress, September 22, 1780, and
the postponement of the case by congress on the 27th, " a plan
was then laid between two persons at Philadelphia, to unite all
parties in Vermont, in a way that would be honorable to those
who had been in favor of New York, and said sixteen towns "
[in New Hampshire, which had formerly united with Vermont,]
and L that would also justify the legislature of Vermont."4
The "> two persons " referred to were unquestionably IRA ALLEN and STEPHEN R. BRADLEY, who were then in Philadelphia as
agents of Vermont-the one specially representing western Vermont, whose interests pointed to the annexation of part of New
York, and the other representing eastern Vermont, whose interests favored an addition of a part of New Hampshire.  One part
of the plan, as stated by Ira Allen, was to induce the members of
the council and assembly of New Hampshire, resident in the towns
favorable to an union with Vermont, to call a convention to consider the subject. This was' effected; such a convention having
met at Walpole, November 15 and 16, 1780, of which the following is the record:5
1State Papers, 102.
2 At that time (Mr. Madlison wrote to Joseph Jones that all the evidence in the case of Vermont had been heard, and " the proposition for
including it within the jurisdiction of some one of the states debated for
some time.'" — 1fadison Pcapers, Vol. I, 60.
3 January 13, 1781, TNew Hampshire instructed her delegation in congress to claim jurisdiction over Vermont. - Ms. Index to Stevens Papers,
79.
Ira Allen, Vt. Hist. Coll., Vol. I, 412. 5 State Pcaers, 126.




The East and West Unions.               95
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 eounty, on the 15th day of November, in the year qf our Lord, one thousand seven hundred
and eighty:
VOTED, That Dr. Page; Gol. 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 NewHampshire grants, viz. C(umberland, Gloueester and  G'rafton
counties, and do find, that many matters lately agitated, with respect to the jurisdiction of the New-Hampshire grants, render a
union of the inhabitants of that territory indispensably necessary.
The said inhabitants 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 independence; 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 reexists. 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 government, great disadvantages may
arise by a division. In that case, delinquents may easily evade
the operation 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




96                The Italdimand Papers.
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 New-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 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,    |
D1. JONES,   ) Committee.
L. HOLMIES, 
W. PAGE, 
I, CONVENTION, at Walpole, lovember 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 members to attend- the said general convention; which shall be deemed a sufficient notification.
By order of the Convention,
BENJAMIN BELLOWS, C(hairiman.
A true Copy-Attest, DANIEL NEWCOOIB, Clerc7/.
At the same time the adherents to New York in Vermiont were
busy in seeking relief from their unpleasant predicament, as su)bjects of a state which could not protect them, and residents of a
state to which they would not confess allegiance.  They, too,
called conventions, the first on the 31st of October:
On this occasion, Luke Knowlton, Hilkiah Grout, Oliver Lovell, Col. John Sargeants, Micah Townshend, Maj. Jonathan Hunt,




The East and West Unions.               97
Simon Stevens, 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 county on the west, and Grafton county on the east side of Connecticut river. The design of
Cumberland county in these proceedings was'to devise and carry
into execution such measures' as should be deemed best calculated
to unite in one political body all the inhabitants from Mason's
grant on the east to the height of land on the west side the said
river.1'I
Accordingly, Nov. 8, delegations from Cumberland, Gloucester,
and Grafton counties met at Charlestown, and took measures to
learn the sentiments of all the towns within the proposed new district or state. The Cheshire county convention followed on the
15th, and the result of all these movements was a general convention of representatives of all the towns interested, at Charlestown,
Jan. 16, 1781, which consisted of representatives from forty-three
towns.
No record of the Charlestown convention can be found; but its
proceedings were summarily stated by Ira Allen, who attended
the convention with credentials as a member, though he did not
present them. His statement was that a committee of the convention reported, on the first dayTo 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 reconsider the report and
recommit 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
Eastern Vermont, 401.
13




98                 The HIaldimand Papers.
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, to the state of Vermont; which report
was accepted by a great majority of the convention, it being
principally opposed by twelve members of the council and assembly of New Hampshire, who thereupon withdrew to remonstrate
against the same. This barefaced conduct of the members of the
[New Hampshire] legislature disclosed their intention at once,
and furnished Vermont with fair pretentions to extend her jurisdiction on grounds of similar policy and self-preservation.
The convention then appointed a committee to confer with the
legislature 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.'
While these events were occurring in eastern Vermont, the
leading men' in the west had not been idle. From various motives, there was a disposition in the section of New York bordering
on Vermont to seek a union with Vermont, and at the February
session of the general assembly, petitions to this end from persons
residing in that section were presented.
February 10, the committee of the Cornish convention formally
presented an application for an union with Vermont in' one separate, independent government.'  February 14, the committee of
the whole, " to whom was referred 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 Massachusetts to Hudson's river, and east of the
same river and south of latitude forty-five " - made their report:
Your committee do recommend, in order to quiet the
present disturbances on the two sides of said [Connecticut] river,
and the better to enable the inhabitants on the two sides of said
river to defend the frontier, that the legislature of this state do
lay a judrisdictional claim to all the lands whatever east of Connecticut river, north of the Massachusetts, west of the Mason line,
and south of latitude forty-five degrees; and that they do not exercise jurisdiction for the time being.2
V1t. iist. Coll., Vol. I, 413, 414.
2 These boundaries are from Williams, Vol. II, 199. Slade's State Papers, 130, omit the words " west of the Mason line," but in the report
on page 132 these words are inserted. In this, Slade followed the ms.
journal.




The East and West Unions.                99
The committee in the same report made the same recommendation as to the territory of New York east of the Hudson:
Whereupon
In Committee of the Whole, Februtary 14, 1781.
-e781   The aforesaid report was read and accepted.
Attest,          ROSWELL HOPKINS, Cleric.
[IN ASSEMBLY:] 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 within the lines described in the
aforesaid report.
IN ASSEMBLY: The committee to whom was referred
Feb. 16. 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.
[Signed,]             TImo. BROWNSON, Chairman.
The aforesaid report was 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 aforesaid report.
On the same day this committee was increased to nine, and the
council concurred, adding four members of that body to the committee.'
IN ASSEMBLY: Resolved, That there be two agents apFeb. 7. pointed, and fully authorized, immediately to await upon
the legislature of the state of New York, now convened
at Albany, to agree u)pon and establish the line between this state
and the State of iewz York.
The agents chosen (by ballot) are Col. Ira Allen and Maj. Joseph Fay.2
This was concurred in by the council, Feb. 22, the same day on
which the east union was confirmed by both houses.  On the 6th
of April following, the council voted no to send t  hese agents, and
also " not to write any further to the general assembly of New
York at present;"3 nevertheless, the fact shows that Vermont
1 Assembly Joutrncal, 1778-1781, 209, 210; and Council Journals, 1776 to
1780, 353.
Assembly Journal, 1778-1784, 211.
3Journals of Council, 1776 to 1780, 371.




100                The Haldimand Papers.
then intended to agree with New York, if possible, upon a boundary line, and hence the conclusion is that the west union was a
measare of policy for the time being. So were both unions, as the
following clearly indicates.
The resolution of Feb. 14 was merely preliminary to further
action. It pledged Vermont to the then present policy of extending its jurisdiction east and west. A week was spent by the two
bodies, the legislature of Vermont and the convention of New
Hampshire towns, in arranging details. One condition, which
Vermont complied with, was a general amnesty to citizens of Vermont, who had adhered to New York and denied or resisted the
authority of Vermont.I Two other points only are material to a
correct judgment of the spirit and true intent of this policy. First,
it was agreed to submit the question of the proposed union to the
several towns embraced in it; and second, Vermont insisted upon
two fundamental conditions, to preserve her independence, and to
reserve the power in her own hands to submit to conyress any dispute between Vermont and any other state as to boundary lines.
The last clearly proves that the policy of annexation was temporary, and that Vermont then anticipated a submission of the question of her boundaries, but not of her independence, to congress.
It was, in fact, a power reserved by Vermont to give back to
New Hampshire and New York, at a proper time, the territory
over which Vermont was then extending her jurisdiction. This
important fact suggests the correct interpretation of the other feature of Vermont's policy at that time-the Haldimand negotiation. The record is as follows:
A Messaygefrom the Committee of the Legislature to the Committee
of the [ Cornish] Convention.2
As no further proposals are to be made by the convention at
present, the assembly's committee propose the  llowing articles,
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
sacred; and that no member of the legislature shall give his vote,
or otherwise use endeavors to obtain any act or resolution of assembly, which shall endanger the existence, independence, or
State Papers, 135. 2,Same, 125, 136.




The East and West Unions.              101
well-being of the state, by referring its indepndencenee 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 honorable Committee of Convention.
Wednesday, 11 o'clock A. T., Feb. 21, 1781.
A Message from the Committee of the 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. PAYNEI for the Jolmmittee.
On the 22d of February, both parties agreed to the articles of
union, and on the 4th of April following the legislature met, pursuant to one of the articles, to receive the decision of the question
by the towns. On the 5th, the result was declared, as follows:
Aye. No. Not voting.
Towns east of Connecticut river,   38     0      0
Towns west of Connecticut river,2   36    7      6
Thus the union with New Hampshire towns was completed, and
on the next day their thirty-five representatives took their seats in
the general assembly of Vermont.2
The proceedings as to the WESTERN UNION were in the same
spirit, and with essentially the same conditions -the articles as
to independence and settlement of boundary disputes the same.
April 11, 1781, the people residing in the district described as
Skene's,3 were invited by the legislature to send delegates to a
Elisha Payne of Lebanon, N. H. Elijah Paine of Williamstown was
prominent in Vermont at a later date.'Brattleboro' is not included, but representatives from that town took
their seats in the house on the next day. - State Papergs, 137.
3 In 1774, by advice of Ethan Allen and others, to get rid of New York,
colonel Philip Skene of Skenesboro, [Whitehall,] went to London and
got an appointment as governor of the garrisons of Ticonderoga and
Crown Point he then asked that Vermont, with New York north of the
Mohawk to Lake Ontario, be made a royal province; but the project was
defeated by the approaching war. — Vt. Hist. Coll., Vol. I, 361.




102                The fHaldinzcd Pcpers.
convention at Cambridge in May following, to meet a committee
of the legislature, and take into consideration the defense of the
frontiers and see if an union could be agreed upon. In that case,
the matter was to be referred to the people, and decided by
electing members of the general assembly of Vermont, unless the
peolple had previously instructed the delegates sent by them to the
convention. This was done accordingly. May 15, the Cambridge
convention agreed to the proposed union; June 16, the general
assembly concurred,-ayes 33, noes 24; and on the same day
thirteen, of the fifteen representatives elected or instructed, took
their seats in the general assembly. Thus the project of the East
and West Union, decided upon by Vermont on the 14th of February, was perfected on the 16th of June; and on the 18th of July
governor Chittenden declared the union by proclamation.2
Ira Allen described the condition of Vermont, at the time of
projecting these unions, in strong terms:
At the time of projecting these unions, and laying the basis for
the first in Philadelphia, which also united the people contiguous
to Connecticut River, the State of Vermont was in a forlorn situation, torn by intestine divisions and the intrigues of her enemies
in Congress; all the cannon, nay, every spade and pickaxe taken
by her valiant sons at Ticondaroga and Crown Point, were removed out of the State to Fort George, together with Colonel
Warner's regiment, raised in and for the protection of Vermont,
but put into continental service, were thus stationed to defend the
frontiers of New York, not half so much exposed as Vermont, and,
to add to the distress, New York re-called, at the same time, all
her state troops from Skenesborough; in either case, the enemy
must come up Lake Champlain, and it would be impossible, then,
to reach Fort George without light boats, which they must bring
with them, and then they would be obliged to carry them over a
neck of land, two miles and a half in length, which connected the
two lakes (Champlain and George) where neither cattle nor horses
could be found to assist them, and if they even should conquer
these difficulties, and lose their boats by any accident, a defeat
would be fatal; for it would be almost impossible to secure a retreat, as the mountains on both sides Lake George were extremely
difficult to pass; when the enemy might come into Lake Champlain, within twelve miles of Castleton, or, in one day's march
through a pleasant country, from opposite to Ticondaroga to Pitsford or Castleton, at each of which places the troops of Vermont
2 State Pcapers, 126-141. Early History, 337-345.




The East and West Unions.               103
were stationed, and, to the south of them, the inhabitants of Vermont remained on their farms. Thus Vermont was left to take
care of itself, when a frontier to those claiming States, viz. New
Hampshire, Massachusetts, and New York, and they using every
method to divide its citizens. Congress had also interfered with
the internal politics of Vermont, in favour of the claiming States,
to cut off her ways and means of raising men and money for selfdefense, as will appear from the following resolution of Congress,
viz. " Resolved unanimously, That in the opinion of Congress, no
unappropriated lands or estates, which are or may be adjudged
forfeited, or confiscated, lying in said district, ought, until the
final decision of Congress in the premises, be granted or sold."'
The policy of Vermont at that time -the attack upon New York
and the Haldimand negotiation combined-had a marvelous effect upon governor Clinton: Feb. 5, he could not restrain his indignation at the insolence of Chittenden, in demanding of New
York a surrender of Vermont; Feb. 27, he angrily forbade action
upon it by the assembly of his state, by a threat to prorogue them;
but in five weeks he was ready to give up VTermont, if she would be
content with her former boundaries. The contrast is strong, but it
was one of the governor's drawing. The fact and the reasons appear in the following letter. The governor had received a copy
of the report of the committee of the whole of the Vermont assembly, adopted on the 14th of February, as it constitutes No. 8544
of the Clinton papers. The following is No. 3619:
Governor Clinton to James Duane.
April 6, 1781: The conduct of the people on the grants daily
becomes more serious, and I am persuaded must in the end convince congress that they ought long before this to have interposed.
I have no positive evidence of a criminal communication between
them and the enemy in Canada, but there are circumstances sufficient to justify at least suspicion.  Chittendclen and his council solemnly opened a correspondence with gov. Haldimand last fall,
and flags, under pretence of establishing a cartel, passed between
them, when I believe it is a fact they were not possessed of a single prisoner to exchange.2 It is equally certain that Fay and sevV1ermont Historical Collections, Vol. I, 419, 420.
2 This was not the fact, but if true it proved nothing. Vermonters were
prisoners in Canada, and Washington held Britons who had been captured by Vermont. Chittenden had asked for them for the purpose of exchange, notifying Washington of the proposed cartel with Haldimand.




104                The Haldimand Papers.
eral other of their leaders in a number of sleighs set out with a
flag for Canada this winter, but were prevented by the badness of
the ice from proceeding.s  They openly deny the authority of congress and avow their right of making a separate peace.' The enemy, last fall, under Carleton, passed by their settlements near
the lake, which were most accessible, and destroyed ours on the
borders of the Hudson river. I most sincerely wish a decision of
our controversy with this people. It should be a just and honourable one for the state, but I am persuaded at the same [time] that
any decision that can be made, not extending their original claim,
will be preferable to delay. They now.daily gain strength at our
expense, and while the matter hangs in suspense, it excites divisions on the subject among ourselves, which I am apprehensive
will have an unhappy influence on our public affairs.
On the 23d of February2 Ethan Allen received the
M7l. 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:
H. -Ethan Allen to the President of Congress.
(COPY.)                   SUNDERLAND, 9 March, 1781.
Sir: -Inclosed I transmit your Excellency two letters which
I received under the signature thereto annexed, that they may be
laid before Congress. Shall make no comments on them, but submit the disposal of them to their consideration. T.hey 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, in the high road in Arlington, which I. laid
before governor Chittenden and a number of other principal gentlemen of the state (within ten minutes 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'The party consisted of two Vermont commissioners, three British
commissioners, and their attendant guards and servants. None of the' leaders" but Ira Allen and Joseph Fay, the Vermont commissioners,
are named by Allen as of the party. —t. Hist. Coll., Vol. I, 416.
2 This date is fixed by the report of the carrier and spy, made to general Haldimand in June following.




Ethan Allen to the President of Congress.    105
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 government and exposing its inhabitants
to the incursions of the British troops and their savage allies fiomi
the Province of Quebec.
It seems that those govejrnments, regardless of Vermolnt's contiguous situation to Canada, do not consider that their northern
frontiers have been secured by her, nor of the merit of this state
in a long and hazardous war, but have flattered themselves with
the expectation that this state could not fa'il (with thleir help) to
be desolated by a foreign enemy, and that their exhorbitant claims
and avaricious designs may, at somie future periol, take place in
this district of country.
Notwithstanding those complicated emba rrassments, and I might
add, discouragements, Vermont, during the last campaign, defended her frontiers, 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 confident that Congress will not dispute
my sincere attachment to the cause of my country, though I do
not hesitate to say I am fully grounded in opinion, that Vermont
has an indubitable right to agree on terms of 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 United claiming States, and they, at the same
time, at full liberty to overturn and ruin the independence of Vermont. I am persuaded when Congress 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 lHauntinz/gdon, E.s., Pres. of CYongress.
Samuel Huntington, of Connecticut.
14




106                The lcldlinmantd Pacpers.
Indorsed:' No. 7.- Copy of a letter from General Allen to
Samuel Huntingdon, Esq., President of Congress, dated Arlington, March 9th, 1781.'"
H. — lIa Allen to the President of C(onyress.
(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 Februa:y
last. As a private gentlemen [I have] thought proper to transmit
to congress his information, although this state declined further
application.
I am, with sentiments of esteem, &6c., &c.,
[Signed,]                              IRA ALLEN.
His Ex:celency, Scamuel Huntinygdon, sq.
N. B.-From a New York member of congress to his friend:
[Extract, &c.]                   March 11th, 1781.
The 2nd [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 Virginia 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 it is now removed.'
March 31, New Hampshire instructed her delegates in congress to prosecute their claim to Vermont.2
IN GENERAL ASSEMIBLY: A brigadier general was
April 2 elected for each of the three brigades into which the
state was then divided: Gen. Ethan Alien for the 1st,
gen. Benjamin Bellows for the 2d, and col. Peter Olcott for the
3d. A report, for raising fifteen hundred men for service this
year, was adopted; and it was resolved to add two members to
the board of war.
Copies of two letters, dated at New York, March 30th, 1780,
and Feb. 2d, 1781, signed 1 Beverly Robinson, Col. Loyal American Regiment," and directed to col. Ethan Allen, which were attested as true copies by Ira Allen and M. Lyon; also a copy of a'Gen. McDougal to Gov. Clinton, March 12, 1781. —Clinton Papers,
No. 3575. " The state of that name" was _Tew t acIipshire, not the Grants.
2 Incdex to Stevens Papers, 79.




Ag/ents of Vermont cappointed.          107
letter from gen. Allen to Samuel Huntington, esq., president of
congress, which enclosed 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 the governor, council, and general Allen, were agreeable or approved by them: which question
being put, passed in the affirmative.'
IN COUNCIL: April 26. Resolved, that the honorable Ira Allen, esquire, and major Isaac Clark, be, and they are hereby appointed agents to proceed to the province of Canada, and to treat
with commissioners to be appointed on the part of the British in
Canada, to agree on and settle a cartel for the exchange of prisoners, and make returns to this council.2
H[. - Gen. Halcdimtandc 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 General H., which expresses his suspicion that Ethan Alien is endeavoring to deceive
both the congress and me.
G6en. Sectvaler to GenL. Washingyton. - [Extract.]
The conduct of the Vermontese is mysterious, and if
1781. the reports which generally prevail are well founded,
their measures will certainly be attended with dangerous
consequences to this and the other United States. I cannot, however, believe that the bulk of the people are in the secret. I
rather conjecture that the person whom we suspected last year to
have been in New York, and some others, are the only culpable
ones, and that they amuse the people with making them believe
that the whole of their negotiation with general Haldimand is
merely calculated to give congress and this state [New York] the
alarm, that the independence of Vermont may be acknowledged.
I was anxious for ceding the jurisdiction beyond a twenty-mile
line from Hudson's river, that their independence might be immediately acknowledged, and they made useful to the common cause;
but the governor [Clinton] put a stop to this business, I as the affair was referred to the decision, of congress.' I sincerely wish
they would speedily decide, acknowledge them independent, and
admit them into the union. If this was instantly done, the imeasures of their leaders would be brought to the test, and we shouild
Assembly Jozuricnl, 1778-1784, 242, 244. Records of Board of' War 26,
23 ouncil Jomrnml. 17c1-1784, 3.




108                The ffaldinmand Papers.
know if they had only [in]tended to bring about their independence, or to connect themselves with the enemy. But, unless congress are pushed to a decision, I believe they will do nothing in
it; but who is to urge them, I know not. The governor [Clinton]
cannot do it officially, and our delegates [in congress,] I believe,
will not, unless they believe that the decision will go against the
Vermontese.1
G-eneral Washington to Gene-ral Stchaleer. — [Extract.]
May 14. As to the disposition of the Vermontese, I know
nothing of it, but from report. At present they are at least a
dead weight upon us. It is greatly to be regretted, that they are
not by some means or other added to our scale, as their numbers,
strength, and resources, would certainly aid us very considerably,
and make the enemy extremely cautious how they advance far ilL
that quarter. The bulk of the people, I am persuaded, must be
well affected. Should it be otherwise with any of the individuals,
I ardently wish thel may be detected in theeir villainy, and brought
to the punishment they deserve.'
On the 1st of May, Ira Allen commenced his journey
M3ay 8-25. to Isle ccaux NToix 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 sixteen privates. HTe was
politely received by the commandant, nmajor Dundas.   Alien
himself said:
The next day [after his arrival, probably May 6, making this
first interview on the 7th,] the commissioners met to settle a cartel
for the exchange of prisoners; Major Dundas, Captain Sherwood,
and George Smythe, Esq., produced their credentials, as also Colonel Allen, and they adjourned to thle following day. Captain
Sherwood walking next morning with Colonel Allen, told him
that Major Dundas had no knowledge of any business except the
exchange of prisoners, and that he [Sherwood] and Mr. Smyth
were the commissioners to settle the armistice, and to concert with
him [Allen] measures to establish Vermont a colony under the
crown of Great Britain. Whether {Major Dundas was or not acquaintec with the main I)usiness, he conducted himself as if he
was not [acquainted with it,] for which reason the papers respecting the exchange of prisoners were kept by themselves for public
inspection. What concerned the armistice was more verbal than
written.2
1 Life aind Writinys of VWachington, Vol. viii, 42.
2 Vt. Hist. Cotl., Vol. I, 421




Vermont's Reasons for the Negotiation.       109
Williams prefaced his account of this mission with the following
statement:
New York had withdrawn their troops from the post at Skenesborough; all the continental troops had been order'ed out of the
territory; and the adjacent states did not afford them [Vermont]
any assistance.  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 northwvard, who
were seven thousand strong.  [Ira Allen said ten thousand.]  No
way of safety remained for Vermont, but to endeavor to eflect
that by policy which could not be done by power. The cabinet.
council concluded that they were designedly fiorsaoken Iby the continent, to force them into a submission to New York;' and that it
was clearly their duty to provide for the safety of the people in
the only way that remained, by manaiging the British attemplts to
corrupt them,^ to their own [Vermontis] acdvantagee.
The condition of the New York frontier at this period served
to strengthen these convictions. May 4, general Schuyler, then
at Saratoga, declared to governor Clinton that it was imlpossille
to keep up a sufficient guard on the frontier for want of provisions; and on the 5th, brigadier general 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.3
H.-S- ubstance of'vwhat pas'sed, and conversation wvith Ciolonel Iora
Allen, between the Sth and 25t7h of 1fiay, 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, being fully convinced that
Congress never intended to admit them as a state, but they dare
1Ira Allen averred the same, and cited in proof the resolution of congress condemning the grants of land by Vermont —her main resource
for keeping troops in the field; and governor Chittendend charged jNew
York with withdrawing her forces from the frontier for the' acvowecd patrpose" of exposing Vermont to the common enemy.-See;t. H-ist.
Coll., Vol. r, 419, and Chittenden's letter to Washington, 14 NTov. 1781,
post.
I Willia(s, Vol. nI, 207. 3 Ante, 54.




110               The Hacdimland Palers.
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 20 miles east from
Connecticut River to the ancient Mason Line, and west from the
north-west corner of MAassachusetts 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 cautions and intricate. I urged him to make some proposals, telling him that it is now in the power of Vermont to beconme a Glorious Government 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, conceded everything he could in reason
ask or expect.  ie replied, General Haldimand did not allow
them to choose their own Governor, a privilege they never could
relinquish withl propriety; that when they were ripe for proposals
they could not go farther than Neutrality ldurin the war, at the
end of which they must, as a separate Govelrnment, be sulject 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
Natlure 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 Husband, Father, Wife and Mothler
could ever be prevailed upon to leave their happy possessions, and
with an Infinat train lead a savage, wandering Life, surrounded by
Enemies of the human and brute Creation, exposed to every incomenvlenice 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 Contemnpt they merited. 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. I
told him those arguments had been already exhibited to General
Haldinand and were then satisfactory to him, but I was certain
the General would now expect some further advances; would




Intervietw of Aleen and the British Comrni.ssiceners.  111
therefore advise him, if he could not make any propositions 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 him it would give
his own people 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 attention of that
Assembly. He replied, in his opinion Vermont must be considered of consequence enough to engross the attention of Parliament before any permanent Union can take place between Great
Britain and that people.
12th. This day hatd a long and very friendly Conference with
Colonel Allein. He seems anxious to convince me that a respectable number of the leading Men of Vermont are endeavoring to
bring about a Union by way of Neutrality. FHe appealred less
reserved, and again repeated the arguments advanced by General
Allen respecting the impossibility of an Union with Groat Britain,
until Vermont hald fortified herself against the neighboring States
by a firm internal Union, and observed they must finally 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 Territories 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 Olcot, and many others; 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: Vermont having got
information that New Hampshire had renewed her claims to that
State, and had summonlsed a Convention of one Member firom each
Town for 20 iiles 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 Vermont'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




112               The lcaldimand Pcpers.
till February, when a Committee 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, when 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 Allen was sent
from this convention to the assembly of New York, then sitting
at Albany, with an official demand from Governor Chittenden to
relinquish their claims to Vermont, to which the Senate agreed,
lut not meeting with the same success with Governor Clinton, he
returlnd to the Assembly of Vermont with his report, who immediately made articles 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 commanded by General Alien
on the West side the Mountain; the second by B. General Bellows on the East side the River, and the third by B. General 01cot on the West side. On tlie East side the Mountains resides
their Lieutenant Governor Carpenter. Allen thinks when the
Western Union is complete, they can raise Ten Thousand Fightilng
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. Johnson that the majority wish to compromise with Britain, but says their prejudices are yet so great
that it would not be safe to propose it but to a few of the populationl 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 favourable manner to the General, and
hopes he will not be impatient. 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 isfor a christian newlight to be perfectly willing to be cd  d before he can
become a true convert. This evening, Mr. Allen observed that
the cl-  d bustles among the powers of Europe, woulc, withil
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, inadmissible. He said he should not deny but principle
inclined him and Vermont ingeneral for the success of America,




Interview of Allen and the British Commissioners.  113
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 consequence 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 -laldimand to break off
the negociation, for he assures me the leading men of Vermont
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
18th. I endeavored to persuade Colonel Allen to make some
overtures to General Haldimand, but he still says he is not authorized, and cannot do anything of the kind. He thinks the General will be convinced, by the reason he has given in writing, that
the leaders in Vermont 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 Robinson'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 tendency 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 General Haldimand, without the consent of the Legislature, which they are endeavouring to unite in
the plan of re-uwion.
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 employ15




114                The flaldimand Paperso
ers that General Haldimand wishes to treat on any terms with
them, except he is able to show them some certainty of exchange
when the prisoners shall be produced.
21st. I communicated to Col. Allen His Excellency's letter of
the 14th instant.' He requested a copy of it, but I refused to give
any from the General's letters. Allen says he is now perfectly
satisfied of the General'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 Vermont. 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 endeavors to hasve commissioners appointed and properly
authorized for treating of a re-union, by the 20th of next July,
provided they can be assured of exchanging 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
attending 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 further than neutrality, and many of
them are ignorant of that. He expresses fears that it will not be
accomplished, though he sincerely wishes it may. He still thinks
the principles on which America first took arms 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 mutch when he first arrived, for, however
convinced I may be of his candour, the change gave some room
for suspicion that he now acts from design. He replied that General Haldimand'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 intended till he had further instructions from
1Probably the letter of Haldimand, dated the 17th-post.
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."




Interview of Allen and the British Commissioners.  115
his employers; but the candid, 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 comply with his demand of undeceiving
the other States respecting the truce, &c. He says he mnust, 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 probability 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 Ct. Mathews' letter to Colonel Allen,
respecting news.' He says the niews 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 Ct. Matthews's 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 as 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, Colonel Allen, or General Allen, or one of the
following gentlemen, Colonel Brownson, Dr. Fay, Judge Fassett,
or Ct. Lyon. The contents of the message should be a secret to
See " private " letter of Matthews to commissioners, May 21 -post.
2 Probably the first letter of Matthews~ dated May 21.




116                The Hadclimand Papers.
the messenger, written upon a small piece of paper, which he
should be directed to swallow, or otherwise 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 conditions Colonel
Allen engages that the messenger shall be immecliately sent back.
Colonel Allen, after expressing much satisfaction with the polite
treatment he had received, embarked about 12 o'clock.
Indorsed: "6 No. 1. Substance of what passed, and conversation with Colonel Ira Allen, between the 8th and 25th of October,' 1781."
Colonel Allen gave a brief account of this interview, which
will be found in the first volume of the Vermiont fistorical Collections, 420-426. It contained a document which is not to be
found in the Haldimand papers. It was probably written on the
11th of May. Allen's statement in reference to it was, that 6 he
declined writing anything, lest his writings should be exposed;"
but "' he would verbally state the business, which major Lunno
[Lernoult] might write and communicate to the commander-inchief:9
1 Major Lunno at once adopted Colonel Allen's mode to inform
the commander-in-chief, and proceeded in the following umanner:Question. -Did not the people of Vermont take an early and
active part in the rebellion?
Answuer. - The people of Vermont were informed that hostilities
had commenced at Lexington, by an express fromn 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 Tycondarogoa and Crown
Point, which Colonel Allen complied with, and also took the
King's sloop of war wAith 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?'
Anszver. -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 fiom 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.
May. - See Ira Allen's account in Vt. Hlist. Coll., Vol. I, 420-426.
2 Benedict Arnold was in the immediate command of the party that
captured the king's sloop.




Interviewv of Allen and the British Commbinissioners.  117
Question. -- What were the motives which stimulated the people
of Vermont to such violent measures?
Answer. -The inhabitants of Vermont principally came from
Connecticut 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 ought to precede taxation.
Question. - On what principles do the people of Vermont act by
endeavoring to obtain an armistice, and the privilege of being a
oolony under the crown, after taking so decided a part as you say,
on similar principles to those of their brethren in New England?
Anszcwer. - When the people of Vermont first took an active part
against Great Britain, they were in principles agreed with their
brethren 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 might result from their united efforts iu
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 VTei:mont,
and annex its territory to New York, whose government is perfectly hated and detested by the people of Vermont. To effect
this plan, the frontiers of Vermont have been left naked and exposed to the wasting sword of the British troops, with a view to
depopulate 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 armistice 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 can Vermont furnish a regiment to be put
on the establishmenlt, and march with the army against Albany, and'
what other assistance can Vermont give in such an expedition?
Ansever.-The advantages to Great Britain by making an armistice, and receiving Vermont as a colony, will be great. After
the propositions of Colonel Beverly Robinson, in his letter of




118               The Haldimand Papers.
March 30, 1780, to General Ethan Allen, the Cabinet Council of
Vermont have not been inattentive to a peace and union with the
British government. Governor Chittenden last July sent a flag
to the British Commodore on Lake Champlain, with a letter to
General Haldimand, requesting the exchange of some prisoners,
which produced a truce last autumn. General Ethan Allen 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 Hudson'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 corner of
Vermont. Articles of union are forming, and no doubt but that
district will be duly represented in the next session of the Legislature of Vermont. 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 country 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
operation of an army of ten thousand men. As to an army marching against Allbany, 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 loyalists 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; 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
terminated this negociation in May, 1781, after seventeen days,




Interview of Allen and the British Commissioners.  119
on a verbal agreement, that hostilities should cease between the
British and those under the jurisdiction of Vermont, until after
the session of the Legislature 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
interview of May 8-25.
H.-Beverly Robinson to Gen. cHaldimand.'
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
1The 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.




120                The Haldimadl Papers.
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 stimulate Congress to determine for
Vermont against her neighbors, 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 tile
titles in either of the additions, nor will those additions validate
her own under the New HamLpshire grants.
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?  ite offers his
services for a monthly interchange 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 Allens,
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 prevented by Clinton's menacing them with a prorogation. The messenger learnt in his way here, at Albany, what
may be Clinton's motive, vizt: that the French Minister had hinted
to the Congress his disapprobation of forming 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's, 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, I foresee the necessity of
yielding to such delays as may prevent 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.




Correspondence during the Interview.       121
Indorsed: "' Copy of a letter to General Haldimand (in cypher,)
May 8th, 1781, respecting Vermont. O. sent p. D. P."
H. - Colonel Allen's information respecting the State of Vermont.1
ISLE AU No-x, 11th May, 1781.
May 11.  The circular letters of [to] the neighboring states enclosed by Major Du... were designed by the Cabinet of Vermont as a political stroke to keep the neighbloring states
from com m litting hostilities on them when they.declared neutrality,
as also to embarrass in that respect, and as the claiming states had
done everything 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 contiguous to Connecticut River, 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 jurisdiction to sixteen towns east side of
said river, the people on the two sides of said river refused to
subject themselves to either government, except in some things
respecting the war. They petitioned the General Court of New
Hampshire to extend jurisdiction over them and the whole of Vermont, which was in agitation in Congress but the thrree claiming
states could not agree, and the Congress not making a decision at
the time they sat in September last, in [on] which the petitioners of
New Hampshire thought by raising a convention from all the disaffected of the two states contiguous to Connecticut 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 n agent was
sent to said convention, a committee was appointed to treat with
the Legislature of Vermont, and the convention adjourned the
same day said Legislature 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 Vermont and the convention, and sent out
for the approbation of the people, which was almost unanimous. The
legislature adjourned for a short space and convened again, when
the eastern district were fully represented, and proceeded to business with great harmony. A large number of petitions were sent
from the people inhabiting within said western claims, requesting
an extension of jurisdiction, &c., when a committee was appointed to attend a convention to be held at Cambridge in instant
1 Probably addressed to the British commissioners at Isle aux Noix.
16




122                Thee.ffaldirancd Papers.
May, with full powers to agree on articles of union. The Legislature adjourned to about the middle of June next, to be convened
at Bennington, when it is expected the western district will be
fully represented, as the people there have been- some years
wishing for a union with Vermont, but have been held of as tbe
Cabinet of Vermont waited a more favorable opportunity, when
they could justify their conduct to the world. by thie ill treatment
of New York, c&c. Within this western claim are a respectable
number in favor of Bri tish G overnment.
The reason of Colonel Beverly Robertson's letters alnd that of
General Allen's being sent to Congress, are: some accounts had
arrived at Long Island, purporting that General Allen hioad received such letters; they were first promrulgated amongst others,
and Mr. Robinson's second letter had not anrlived, which was vImenltioned in his third. It was, howeever- necessary that some immediate step should be taken to pacify those of the populace that
had take n al active aind early part in thisi waart, for mlany oi them
thought that after the declaration of Indllependence Congress wVas'next to God Almighity in power and peirfection and it has been
with great difficulty that that idea is so far eaase-d and is at present in such a decline, and as the scente m-ust be opened to this hotheaded imultitude beefore neutrality could be declaredll  it was
judged that the best way of promulgation was to send the identical letters to Conlgress,: with a proper ltter from General Alle-11
thlat it should go ini a mail from Ha-tILordI and tat th he colies
sh.ould be read in the Legislature at thleir next session. After
said letters were read and'his ExcellencTy the Goverlor, and
sundry members of the1 Legislature had advanced arguniments purporting the right of' AVe ront to holdI cor respo dencnle ith any
povwer, or to offer o accept terms of cessation of' hostilites wth
any powver the injustice of the claniming' stiaIte!   Cll,ires the
unreasonableness of VeATrmot sup)posingll herse'lfl and. or0liga, tion
to fight to support the iudependene oIf the Unite  States ao d
they left at full liberty to usurp the rights of Ve:imont thi at by
the conduct of Conlgress and the claimiinog states, it appeared that
they were willing Vermout should defend their respective fi-oatiers
so far as they could, aind if Vermonta should oby the war be everl so
much depopulated, it would still be to their advan-taige, as their
intentions appeared to be to divide said state amonig  thie claiming
states at the end of the war, &ec.
The question being put, whether the proceeders Lproceedings]
had on said Robinson's letters and thlat of General Alle.'s was
approbated by the House, when it passed in tlhe affirmative. There
is every reason to suppose that these proceedings will have their
desired effects, but it lmust be a work of time. Popular boclies
move slow. The people of Vermont are ripening for neutrality




Correspondence During the Iltterviez.       123
as fast as the wheels of time can roil.  Some politicians are of
opinion it may be accomplished before the rising of the next session of Asssembly, but in such case it will be expected that commissioners on the part of Vermont will negociate such business
with commissioners duly authorized from the Court of Great Britain 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 unreasonable whiich induced them to take an active part in the war, nlor
have they yet altered their opinion in that respect. But the treatment they have let w   ith 1'om 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 claiming states than they have against
Great Britain, and considering the extent of their territory and
numbers of inhabitants, are fully sensible that they cannot continue a separate power, but tlat in time they must connect with
some more agecl and powerful, and when they eonsidr tiheir
contiguous situation to that of the New England States, the ties
of consanguinity, &ec., the debts contracted by the United States,
&c. Vermont are clear of debt, and wish so to conti:nue. Upon
a full consideration 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 somne respect tends to postpone a completion of neutrality, yet, when once effectec, it would be the more powerful and
permanent. Wholether Congrtess or the claiming states would use
coercive measures writh Vermont as such a declaration is at prescut uncertain; howeverl should they attempt it, should choose to
try them one battle before we called for any assistance.  Should
any consideable -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 VTermont, which would enable the
oficers in Vermont, that are princiala in commlancl, to declare
[deceive?] their oter officers and men, that are so exceeding
great:whigs.
Colonel Alilen's reasons for settling a cartel are, to show the
people of Vermont that the Britishl General will consider Vermont
as a state uncotniected with the United [States,] and thereby enable them to collect a sufficient number of prisoners that were




124                The Haldimand Papers.
taken with General Burgoyne and elsewhere' that are now scattered in a [the] country to exchange for those in Canada, and to
continue an intercourse by flags. The prisoners taken at Fort
Ann and Skenesborough will at a future period, when Veirmont
exercises jurisdiction there, come under consideration.
Indlorsed: " Copy (No. 9) Colonel Allen's inforimation of the
state of Vermont, dated Isle au Noix, 11th May, 1781."
H.- - Captain jcatLthetws2 to Cacptaint S'herwood, for the
Commissioners.
CoPY. (Private.)              QUEBEC, 15th May, 1781.
Sir:-I have had the honor to lay before his Excellency, the
Commander-in-Chief, your letters of the 8th and 9th instant, with
their enclosures, from all which His Excellency is clearly of opinion with you, that thl 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 tleirs, orI 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 exp.osing to Congress Colonel Robinson's letter, evince their un-favorable disposition to the union we
wish for. His Excellency is therefore determined, 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
Congress, and prevent our being the instrument of their success.
Notwithstanding this resolution, His Excellency, before he entirely relinquishes an object he has so much at heart, wishes they
could be fully informed 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 le likewise particularly desires, that
you will not, upon any account whatever, leave the paper iln Alr.
Allen's possession, or trust it where it may be copied  for tho' it
contains nothino which the General would hesitate to publish, yet
this precaution is necessary for your protection, and it is stfficiently justified by their having given up Colonel Rob iisol's letters.
After being fully acquainted with Hiis Excellency's intentions, they
may, at any time they shall think proper, comunlicate their de-'Allen's idea was that prisoners taken by Vermont troops shoultd be
reckoned as prisoiners to l'em)-zonit; and on that ground Chittendnl i asked
of Washington a number of prisoners to be exchanged 3by Vermont.
~Captain mMatthews was General Haldimand's Secretary.




(Corresponcdence dlriny the Interview.    125
termination in consequence thereof 1)y a flag, but no truce, or cartel as proposed by them, can in th  eime eatie be admitted. They
have been acquainted with-the General's disposition in their favour since last Novemler, and have hlad sufficient time maturely
to deliberate upon it. They should, thelrefore, have come in Irepared to accept or reject his proposals. If all your endeavours
should prove ineffectual, His Excellency thinks you would do well
to let Mr. Allen ulcnderstalnd that a flag will be sent to Albany to
declare to tho people that no treaty or cartel of an-y kind exists
between us and Vermont State, and that their overtures made for
the latter were rejected and all negociatio-ns finially at an end.,
least they should keep up the farce to et nsga  the attention ofi
congress.                       I amY &e.,
(Signed,)                             R. M.
To...
Indorsed: " (No. 10). Copy letter (private) from Captain
Matthews to... dated Queibec, 15th May, 1781."
H. -- G-en,. -Ha-ldimcrandc to 2Major Lerno'tultfor Colonel Allen.
Cory. (Private.)             QUEBEC, 17th May, 1781.
Sir:- Having considered the paper which was dictated by
Colonel Allen, and transmitted by you to Captain AMatthews, for
my information, 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 instructions to you. I declare this upon my
honor.
As I have not authority to make any treaty of neutrality, I cannot aogree to any. The state of Vermont must eitlher be united in
constitutional Liberty with Great Britain, or contilnue at enmity
with it. I have no desire to deceive, nor wish to engage them in
any enterprize which I do not thihk equally advantageous to them
and to Great Britain, and, therefore, must recommeind to tlhe leading men of the state of Vermont, who wish that a1 an accommodStion
sihould 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 suspicio:is
entecrtained by Coomgress, and tile states claiming jurisdiction o\ver
TVermont, as if somie negociation was carrying Ot for a re-union
of the state of Vermont with Great Britain. I am not without apprehensions thatl the Congress and thie emissaries of these states
may, by lmean of such reports and jealousies, create such difficulties and dissensions in the state of Vermont as mlay render the
good intentions ofl the leading meni of no effect. However sensible
I am of the necessity under which General Allen was of sending
Colonel Robinson's letter to the Congress, yet I do not choose to




126               The tHaldcimand Papers.
have my instructions to you exposed to the same fate, but I hereby
authorize you to pledge my word of' honor for tlhe perforannce of
every article which I have promised to the state of Vermont.
You will likewise express clearly to Colonel Allen, that as I find
the people in the York Statce lave conceived that a sulspension of
arms was to take place betwaeenl mev and Vermont (which imCay 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 lwhich may arise
from the above error may appear to lie at my door, and. that as
fags may create jealousies and elmbarrassments, I expect none
will be sent for tlhe fututre, but, if after or beoLre the sitting of
the assembly in Jtune, matters can be so far advanced as that the
leading nmen may come to a decision, Colonel Allen may agree
upon some places, for example the Split Rock, where a confidential person may be sent with a token ag(reecd -upol between you and
him as a proof that credit may be iven to what he says. If tihe
leadinig men of the state of Vermont are as si:ncere, and mean as
well as I do, no objection can be made to this proposal.
(Signed)                       I am, &c.,   F. 1 
To....
Indorsed: 0No. 1. -Copy letter1, private, Jfay:3ist, 1781,
Excellency General Haldimand to.t.          d lated Quebec,
17 May, 1781.'
Hi - CoCaptcai   lattliews to Cp:t"ain wlier oo>J fi tie
(COPY.)                      QUEBEC?, 21si t i, May, 1781.
Sir: — I have had the hotnor to lay rbeolire His Excellency,
General Haldimiand, your' letter of the lothl instan, comnmunicating for his information hints and ilnnuendo thrown oult by Colonel
Allen respectilgm a further negoliatioa with the state of Ve rmont,
of more consequence than the present, and his wishl to keep a
door open for int0e'cotulse boy  ea:l0s o a cartel. Upoon the: ub1.ect
of a cartel I halve alleeady tranl:litted to the Comelis:ioio1s Hiis
Excellency' deitelrmiation;u and I am now commanded tL i cqpuaint,
that althouiio.i he will not consen-t to tie stabli'shlment o -t a cartel
upon the ground proposed,,  yet he wishes to clcotrage o ti hope
you seem to enLtertail-n of thato people reeturning -to their allegiLale,
either fromn a seinse o thlieir elrror, or a view to -their in terest.
His Excellency therefiore wishes you to improve lsuc overtuies as
may be made for that end by Mrr. Ailen, bu at the siame time
guarding caref'lity againsit the art and duplicity tho:se people )possess, a:udC avoidig delay, whlich seemis to )e their Liavo rie oelject
but which from the present appearance of affairs cannot favor their




Correspondence during the Intervieo.        127
interest. For if they terminate, as there is the greatest reason to
expect they will, Vermont must be considered indiscriminately
with the people of America, and their difficulties with the then
contending States wiill still subsist, while the other parts of America
enjoy peace and tranquility.  I am, &c.,
(Signed)                                       R. M.
H. - CGtca'ion iMIfattihes to Captain Shiervood, for the
Com.( iss'ioners.
CoPY.   (Private.)            QUEBEC, 21st May, 1781.
Sir:- Agreeably to your desirte I have colmmunicated to His
Excellency, Genera al:faldimand, the substance of your conversation with Colonel Aklen upon the salbject of a re-un ion of Vermont
state with the mother country, and I am commnanded to signify to
you His Excellency's sentiments thereon.
With respect to the permanent cartel wished for by Vermont,
as proposed by them, the general has already determined, cand his
reasons for not complying theerewith have been communnicated to
Colonel Allen. -He is nevertheless desirous to accomplish the reunion 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 Excellency has held out
to them are undoubltedly sufficient to secure to theml 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
acceding -to conditions so consonant to their well-being.
There is from the last accounts from1 Europe great reason to
think that a general negociation for peace has commenced under
the mediation of the Emperor. Sir Joseph York and ir...
Keith are the plenipotentiaries on the part of' Great Britain land
are gone to Vienna on tmhat business.  Whatever the terms of
peace may be, thle people of Vermont must be left in the same unfavorable situation they were in before the preseit 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 neighboring 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 immediately communi



128                Tz e Haldimancnd Papers.
catecl 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 ac  oix:co
Indorsed':  No, 13.   Copy of a letter (private) from. Captaail
Matthews to..        dated Quebec, 21st May, 1781.
JH.- Colonel _Ira Allen to 3Maijor L erio,dt.
(COpY.)                                M  Y 21 178.
The Legislature of Vermont will, by the 20t-h o' July, have
another session, and just have time to send to t  he shippin. 11f
there is not a certainty that prisoners will be then exclioanged, it
may be very prejudicial to some more importanlt matters, &c., &c.
(Signed)                                         io A.
Ml"r. Lewrnoult.                             [Ira Alleni.]
II.-  Colonel Ira Allen, by CcWptaint S7,erw.ood, to Ilacajor Lernouit.
(COPY.)                               MAY 22d, 1781.
Sir6  - Colonel Allen says he wishes to give MaLjor Lrntoult a
clear idea of the present situation of affairs (inVe- rmot.)  As
he means to act with candour, it \ould be folly fr hi. to pretend
to say officially tle exact tite comnmission oers will 1Ve seoSt, nor can
lie positively say whether tbhey will come vith full powirs to reunite with Britaitn, as the idea of neultality miust first be adopted.
He foresees that much difficulty will arise respecting the time
they are to continue this inlternal nentrality, for as lhe wishes to
be clearly understood and to convince General Htaldimand lthat lie
acts on equal principles of sincerity witlh him, lie will again plainly
express the impossibility of bringing over at once a prejudiced
populace so fully prepossessed in favor of Congress. At p-resent,
one half of the Assembly is not acquainted with the designs, and
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 sessionl but must be gently and cautiously managed, and how
far it will succeed he is not able to determine; lie will, however,
engage that General.-aldimand shall hear ifroml thelm by soime
means or other by about the imiddle 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, lie




Corre.spondence during thze Interview.      129
proposes the following token by his messenger, vizt: three smokes
on the east side the lake opposite the shipping, and at the middle
smoke a small white flag hoisted on a staff. He would propose
to have the commandant on the lake instructed to receive such
messenger inmmediately on board, and not interrogate him  concerning his businsess, and send him to Canada, or forward his
letters, as the messenger shall choose; and he would expect tle
messenger would be permitted to return as soon as possible, as
delays would have a tendency to create jealousy.
To Mfaijor Lernomdt.
H. C- l. Allen, by Capt. Sherwiood, to iMa jor Lernot,
(COPY~)                               May 22nd, 1781.
Sir:-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 Governmelnt, and entirely dispirit those who were not so well confirmed
in their opinions; h.e therefore 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
General, he promises to undeceive the neighboring 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.' He says nothing shall be wanting on
his part to have commissioners sent as soon as possible, but he
knows they cannot be fully furnished 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 3Mi. Lernoudt.
No written answer was given to the two preceding letters, but
there was a; verbal agreement,' according to Allen's account.Ante, 118-119.'Probably meamning the Instructions of Dec. 20,1780, and the " private'
letter of May 21, 1781, written at Haldinancdls dictation by Matthews to
Sherwood.
17




130                The  aldimatnd Papers.
H.-G-eneral Hcaldimand to Lord Geor e Gernaitne.
(No. 129.)  1781, May 23rd. Your Excellen)c tells tle Minister, as I fear from your san-guine expressions, in your letter No.
77, that you may hlave misconceived the opinions I had the honor
of giving in mine of the 1  6t Dec'r.
At the time I wrote that letter, I had no overtures made to me
by the chief of that district, though you had flattering 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.
The three documents following, from The Clinton Papers, were
contemporary with the interview at Isle aux NIoix.
Governor Clinton to G eneral Scl.yZuler. -- No. 3707.
May. 13. From a great variety of circumstances, I am left
without a doubt tht the leaders of the faction on the Grants
maintain a criminal intercourse with the enemy, both in Canada
and in New York. How far the bulk of the people are privy to
it is hard to determine. I have charity however to believe that
few among them, the disaffected excepted, are let into the secret.
That the disaffected are, is natural to believe, and it is confirmed
by sentiments and conduct of the tories in different quarters of the
country.
GCeneral Schiyler, at Saratoga, to Governor Clinton.- No. 3729.
May 19. [Abstract and extracts.   Major McCracken stated
that [Ethan] Allen had been trying to seduce the people of the
state from their allegiance to New York;I that he asked Allen
what course he should take 1' if the enemy attempted to penetrate
into the country- Allen replied that lie would neither give nor
take any assistance from the state of New York. The defection
of the inhabitants on the east side of the [Hudson] river is become very general. The convention which met at Cambridge, I
am informed, have agreed to join themselves to the Grants, and
that the members are chusing [being chosen] to go to the Vermont assembly."
The tories are fleeing to Canada, and the enemy is soon expected
in force.  " Only thirty-nine levies are as yet come up, and we
1The articles of union between New York towns and Verniont had
been agreed to in the Cambridge convention four days before.




Correspondence during the Interviewo       131
have not above one hundred and fifty [in the whole] and none are
expected. I cannot, in justice to myself and family, aly longer
risk my property here, and intend to remove unless I receive letters this day announcing the approach of more troops." ";It is
a mortifying reflection that so fine a country must be abandoned
for want of men and provisions."
G-eneral Schuyler, at Saratoga, to Governor Clinton. -No. 3735.
May 21. The inhabitants will all leave if he does, and he has
concluded to remain' a few days longer, hoping for more troops."
On the same day gen. Schuyler sent to geu. Washington a copy
of the following letter, treating lightly the intimated danger to
himself, and expressing a doubt whether Allen was sincere, or intended to divert Schuyler from inquiries which Allen might suspect he was making.
Ethan Allen to General Scehuyler.'
BENNINGTON, 15 May, 1781.
A flag which I sent last fall to the British commanding officer
Jut Crown Point, and which was there detained near one month,
on their return gave me to understand that they, [the British,] at
several different times, threatened to captivate your own person;
said that it had been in their power to take some of your family
the last campaign, [during Carleton's invasion in October, 1780,
probably,] but that they had an eye to yourself.2 I must confess
that such conversation before my flag seems rather fiummiery than
real premeditated design. However, that there was such conversation I do not dispute, which you will make such improvement of
as you see fit. I shall conclude with assuring your honor that
notwithstanding the late reports, or rather surmises, of my corresponding with the enemy to the prejltdiee of the United States,
it is wholly without foundation.
I am, sir, with due respect, your honor's obedient and humble
servant,                                   ETHAN ALLEN.
To General Schluyler.
General Sehayler to GCeneral Washington.
May 22, 1781.   [Abstract.]  Laments the various distresses
his excellency labored under "' from the tardiness of the state in
Ethacn Allen Papers, 351 a.
2 August 8, 1781, general Schuyler gave to Washington the particulars
of an actual attempt to take him prisoner.. -L'fe and c-Wrtings qf WCashington, Vol. viii, 129, note.




132               The Hactlimandt Papers.
furnishing the supplies for the army;" transmitted information
from a pretended deserter; reported intelligence that four thousand British had come to Crown Point or Ticonderoga, and added 
" Of the [New York] state troops only about forty-five have yet
appeared. We are to expect [no] more from the east side of the
Hudson river, for twenty-five miles below this [Saratoga,] a convention which has been held there [Cambridge] hav-e agreed to a
union with Vermont, and have published a resolution that no distress should be made under the authority of New York firom any
delinquent class.' Ethan Allen, in a late conversation with major
McCrakan, formerly Van Schaick's regiment, declared he Awould
neither take assistance from nor give any to New York, and I
really believe he will do as he says. 12
ExtYracts fro-jI a letter in Dr. [ Georyje] eSttlt's -hniclwraitioj elclosed in General Sehg'ler's letter to G-eneral lTWSiKnigtcon,
cdated iay 24th, 1781.3
STATE OF VER3IONT.
The opinion of the people in general of this state [New York]
is that its [Vermont's] inhabitants  e artftiul and cunning and fill
of thift [shift?] and design. About fifteen days ago, Col. Allen
and a Maj. Fay was in Albany. I Imade 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 froml 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 states to
be in their confederacy, to no purpose. I heard Allen declare to
one Harper that there was a north pole and a south pole, and
should a thunder-gust come from the south,- they would shut the
doof opposite that point and open the door facing the nort1h Sth
May.4  By this time it is expected they will be friendly to their
king. Various opinions about their flag.
1In Niew York, taxes were imposed and militia raised by heads of
" Classes."'"Ethanz Allenz Papers, I33.  Samie,.3 a.
4Whether Allen named that day, or whether it is DIr Sm1ith's (date to
the lines following, may be doubted.




Allen's Report of the Negotiation.        133
-Joh1  William.s to Gov. Clinton.'
WHITE CREEK, (Salem,) Juie 5, 1781.
181 Extracts: Nothing but Yorkers and Vermonters is talkjaule 5. ed of, even by boys and youngsters. This is the only
district [in the New York towns an:exed to Vermont]
which has voted for New York, and I expect Velrmont will exercise jurisdiction over it in a few days.   I  If nothing is done
by this State [New York] soon, we shall be compllled to submit
ourselves to the jurisdiction of' Vermont, and what the consequences of it will be God only knows.    *       Nothing is
scarcely talked of but the bad conduct of' the legislature and
administration of gover'nment in this State [New York]; 1o
troops on the frontiers, no provisions nor no money, nor have the
men got ammunition, although an alarm is every day expected.
Cambridge regiment is sufficiently supplied with that article from
Vermont, and last week, I am told. Some of this [White Creek]
regiment got ammunaitioni yesterday in thie above way. Has himself furnished provisions to a large amount and yet has had no
pay.
G(-o'. CJhittendei to Gten. J/;ashingl'/tt
1l781.  [Fragment.]  I do now, in behalf' of those distressecl
Jaune 18. captives, (who are prilcipally citizens,) request your
excellency to grant nme a suficient numlber of prisoners
of equal rank to redeem those I have above mentioned as soon as
I shall frnish a list particularly, ANhich shall be immediately
done, when I leIarn that this shall meet your excellency's approbation, which I flatter myself will, when I consider that I have
delivered over to the United States lmore than four tilmes the number which I have occasion for by this request.
Sent by Capt Brownson.3
IN GENERAL ASSEMrBLYn: June 18..esbolvedc that anm inquiry
be made ilto thle grounds of the report of a treaty with Canad;a
&c., to-mlorrow 1morllng, when the colmmiittee of the xwhole meets.
The journal of the next day notes the act of a session in commlittee of the, whole, but does not give the proceedings therein.
Ira Allen's account is as follows:
Clinton Papers, NJo. 37 5.
2 Wcaslhinflton Letters, in State Departimenit, ol L.
W3 ashington informled Capt. Brownson that he could not counitenance
a cartel settled by Velrmout Awith the governor of' C(anada. See Letter to
Roger Enos, July 9, post.




134                The Haldcimcand Pcaers.
The Governor and Council attended in the Assembly, and resolved both Houses into a Committee of the Whole, when the
Governor proceeded to state the facts; that in consequence of
application from several persons, praying that some measures might
be taken to procure tile 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 muet the British Commissioners, and with
difficulty had completed the business, in behalf of Vermont, though
Ino 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, lie was then present and could best inform, to whom he referred them.
The Committee then requested Colonel Allen to inform them
respecting his commission, and what effects it had produced.
Colonel Allen rose, and observed to the Cotmmittee, 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
an1 exchange of prisoners; that he had very happily succeeded in
his mission, anld made his report to the Governor and Council;
but not expe-ting to be called on by the Committee, had left the
commission and all the papers at home; nevertheless, was ready
to give a     svebal statement of the whole transactions, or, if more
agreeable to the Coammitte, he would, by leave of the Governor
and CounclA, go home, and pr oduce the writings for the inspection
of the Co01mittee next day. Th1 Commiittee desired Colonel
Allen would lay thle -ca.pers before them the next dcay
Accordilngxl he attended the Committeet with the papers, and
made a sihot veroba statement, that the papers might be tle better
understood  they were read, and on the iwhole it appeared, that
the British had s1hewn great generosity in the business.  Colonel
Allen then rose aendi st stauted slunl>  things, which occurred I hile lhe
was in: Canada, anld mentioned that he had discovered among the
British officers a fervent wish for peace; and that the English
Governmlent was as tired of the war as the United States; then
concluded with a desire-, tiat if any member of the Committee
or auditor in the gallery, wished to ask any further questions respecting the buositness, ie was ready to answer them.
All seemed satisied thatis   nothiing had been done inconsistent to
the interest of' the States  and those who were in the interest of
the United States paid their comnplimlents to Colonel Allen, for- his
open and candid conduct. In the eveninr, he had a conference
with the Canadian spectators on the business of the day, and they




Certificate for Colonel Allen's Protection.   135
appeared to be as well satisfied 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!
Certificate for the Protection of Colonel Ira Allen.2
STATE OF VERMONT, June, 1781.
Whereas Col. Ira Allen has been with a flag to [tle Province of]
Quebec for the purpose of settling a cartel for exchange of prisoners, and has used his best policy by feigning or endeavorino to
make them believe that the state of Vermont had a d(esire to negotiate a treaty of peace with Great Britain- thereby to prevent
the inmmediate invasion or incurisionl 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 Gel.
Ethan Allen and Gen. Allen's letter to Congress, and the resolutions of the Assembly of Vermont approbating the same, as also
the circular letter to the several states delivered to Dundas, according to his verbal report madce to us thiS day: -We are of the
opinion that the critical circumlstances 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 -thintk it to be a necessary political manoeuver to save the frontiers of this state.
JONAs FAY,            THOIMAS CHITTENDEN,
SAMUEL SAFFORD,      MOSES ROBINSON,
SAMUEL 1ROBINSON,     TIOTrY BROWNSON,
JOSEPH FAY,           JOHN FASSETT.
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.
H.,-Report of a British Agent.
(CoPY.)   [June.] Ml r.'" *'5 * reports that lie broke out of
Northampton Jail the 28d 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
Vt. tt. s. Coll., Vol. I, 427, 428.
2 Early fHistory, 363. Probably this paper was given June 13, the General Assembly having met on that day.
3 May 11 perhaps. No letter of the 8th from Ira Allen has been found.
See account of the interview of May 8- ante, 109.




1 f6               The Halclimand Pcapves.
arrived in Arlington on the 23d of February; returned again to
York the 18th of March, without any order from Allen. After
his arrival Mr. " -      l' came in with a letter from Allen to
General Clinton, with proposals (as was reported) to join Britain., -provided they could have their Eastern and Western New
frontiers confirmed as part of VTerlmont. On the 28th of MIay
Mr. -'i-;' " wTas sent out with another letter from Colonel Robinson to Allen, -which he has left with a trusty inll. to deliver to
him. Was in Bennington when Colonel [llral Allen returned
from Canada, and employed Mr.         to find out iwhat 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 th-at General Allen is gone to solicit
fbrces from Connecticut and Massachusetts to ensnare General
Haldimand's troops if possible. Colonel Robinson and Colonel
Stafford both declared to Dr. Fay that they did not approve of the
correspondence between Vermont a.d Canada, and they would
sacrifice themselves and all the forces they could raise rather tihan
come to any settlement separate from the other states. Captain
Lyon (one of the Council) told F' t t that Governor Chittenden would settle with Britain if the present leading men in Vermont were allowed to continue such under Britlain 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 given up to them;
but Vermont would not make good any other dalmage to them.
The Governor said those were the only terms Vermont -would
agree to, and if General Haldnimand would not agree to them, it
was the business of Vermeont to spin out this summer in truces,
and in the mean time fill their magazines as fast as possible'with
arms, ammunition and provision, by which, with the contilnual
increase of the inhabitants, 1:e hoped to be able next sumnmer
to defend Vermont against invasion from Canada.: r.' 
says a flag from Vermont will set off about the 17th of July for
Canada.
H. —.Report of the party sent by the [Brititsh] tommissioners to
leairn the report of the rebel fagy.
[June.]  A. and B. say that as soon as Colonel Allen returned,
a select body of the Council was convened at Arlington, consisting of twelve men; they sat three days, at the expiration of
which General Allen was dispatched 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 knowledge of a syllable




President of New Hampshire to Congress.       137
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 of the mountain are very jealous of the Aliens, Fays and Chittendens; the
rebels (who are the bulk of the people) suspect they are about to
sell them, and these seem  determined to sacrifice everything,
rather than submit to any terms with Great Britain, short of independence, and the tory party suspect that the above leading gentlemnen are endeavoring 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 (No. 15.) Report of a party sent by the Commissioners to learn the reports of the Rebel flag."l
H. —President Wearee, of New Hampshire, to the Delegates of
that State in Congress.'
(COPY.)                      EXETER, June 20th, 1781.
Gentlemen:-Enclosed you have copies of three petitions from
different towns in the county of Cheshire, by which you will see
the embarrassed 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 principal 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 IEampshire 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 provision can be collected at present fromn more
than ]rds even of that part of the state which lies east of Connecticut River, and unless Congress brings matters to an immediSent by Ira Allen to Haldimand in September.
18




138                The Haldimand Papers.
ate issue, we cannot tell how far the contagion 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.
iHon. Sam'l Livermore, and John Sullivan, Essqcires.
Secretary's Office, Auygust 21, 1781.
The foregoing is a true copy of the original, filed in this office.
GEO. BOND, Dep'y Sec'y of Congress.
IN GENERAL ASSEMIBLY: June 22. A report, agreed to in committee of the whole, having been accepted by the house, to the effect that an annunciation be made to adjacent states of the late extension of the boundaries of this state  and that three delegates
be appointed to repair to congress, with full power to propose to
and receive from that body terms for an union of Vermont with
the United States, to give whatever information may be desired,
and to take seats therein when terms of union shall be agreed totwo candidates to be nominated by the members within the ancient
limits of the state, and two by the members from each newly added
territory: it was.Resolved, that this house will proceed, agreeably to the aforesaid report, to choose delegates to wait on congress, &Co
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      Jonas Fay,....   Ira Allen, Esquires.
-Eastern Dis  t,.   ( Bezaleel Woodward,
Elisha Payne, Esquires.
Western District,..  Jonas Fa,
"'    Ira Allen, Esquires.
The ballots being taken, the Hon. JONAS FAY and IRA ALLEN,
Esquires, and BEZALEEL WOODWARD, Esquire, were elected delegates aforesaid.'
Assembly Journal, 1778-1784, 278, 282.




Proceedings of  enerral Assembly.          139
June 25, Gen. Washington wrote to Gen. James Clinton that the
continental troops would be withdrawn from the northward as soon
as a suitable number of militia should be sent to relieve them; and
on the same day he appointed Gen. Stark to the command on the
northern frontier, from his' knowledge of, and influence amongst,
the inhabitants of that country."'  He added:
I rely upon it you will use your utmost exertions to draw forth
the force of the country. from the Green Mountains and all the
contiguous territory. And I doubt not your requisitions will be
attended with success, as your personal influence must be unlimited among those people, at whose head you have formerly fought
and conquered with so much reputation and glory.2
IN COUNCIL: June 29.    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 10th day of July next.
Resolved, That Joseph Fay, esquire, be and he is hereby appoilted commissary-general of prisoners for this State, and that
his excellency the governor be requested to make out a commission for that purpose.
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 commissary-general to seize such quantities of provisions as
necessity may require for the support of the troops of this state,
and from such persons only as have more than their families use,
for which a reasonable price must be given.3
June 13-29. Amongte the acts of the JLae session of the general assembly were the following, touching the political and military
affairs of Vermont:
1 Life ancd Writings, Vol. vTIr, 82.
2 A note to this letter in Memoir of Sitark, 212, states that an expedition
against Cornwallis was then in secret contemplation, and that the withdrawal of the continelntal troops fr1om the north was for that purpose.
It cannot be, therefore, that Wash1ington had any doubt about the aid of
Vermonit, either to keep Halclianmd idle, or to resist him if he should
make an incursion.-See Letter of Washington to S tarci, Aug. 16, 1781,post.'Council Journal, 1781 to 1784, 20.




140                The Ifaldimand Papers.
An act for the purpose of forming the Western Territory, lately
taken into union with this state, into townships, and for annexing
it to the counties of Bennington and Rutland.
An act directing the holding town meetings in the Western Territory lately taken into union with this state, and directing the
listers in said territory in their office and duty.
An act to prevent the transportation of provisions out of this
state.  I Otherwise, the preamble stated, it would be difficult, if
not impossible, to provide for the troops in the service of the state,
and likewise the inhabitants would be put to great difficulty, &.c.]
An act to empower the Heads of Classes in the Western District
to tax the members of said class.  [This continued the New York
system of taxation in that district for the time being.]
An act for the purpose of making up the depreciation of the
continental money to colonel Warner's regiment, and captain
Lee's company.
An act for detecting and discouraging desertion.
An act to suspend prosecutions against Isaac Tichenor, esq.,
late commissary of purchases for public purposes-[for the States
of New Hampshire and Vermont, the purpose being to suspend
the collections of notes given by him and his agents for such purchases, until the rising of the next general assembly, unless the
said Tichenor shall have received public money to the amount due
him for the purchases.]
It is a fact worth noting that, in 1781 as in the war of 1861 —
1865, Vermont encouraged the enlistment of men into the service
by offering extra pay. The house journal of June 28, p. 291,
contains this:
Resolved, That the treasurer be and hereby is directed to pay
to Capt. Parmerlee Allen four pounds lawful money advanced pay
for two months wages for each non-commissioned officer and soldier he shall enlist and have mustered in his company raising for
the defense of the frontiers of this state; and that the said captain Allen be and is hereby directed to pay the same to the said
officers and soldiers respectively, and the said officers and soldiers
be made accountable for the said two months pay.
H.-Lord George Germaine to G-en Itcaldimancd.
1781.   No. 87. The Minister says-If we succeed at the
July 7. 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




Commission to Delegates to Congress.        141
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
loyalty, for their taking part with us.
G-en. Washington to G-en. James Clinton.-[Extract.]
July 9. 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' by an
officer sent down by him to me.2  I wish there may not be other
business transacted under the cover of a flag from Vermont to
Canada besides the exchange of prisoners.3
H.-( ommis.sion to Dele/gates ssnt to Congress by Vermont.
July 10. (CoPY.)
By His Excellency Thomas Chittenden, Esq'r Captainl-General and Commander-in-Chief in and over the
State of Vermont.
To the Honorable Jonas Fay and Ira Allen, Esq'rs, and to
Bezaleel Woodward, Esq., Greeting.
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 welfare
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 empower you, the said
Jonas Fay, Ira Allen and Bezaleel Woodward, Esquires, or either
two of you, to attend on the Honorable Congress of the United
States of America as soon as may be, then and there to do and
transact the business of your appointment.
1 As Vermont was not recognized as a State by Congress, Washington
never addressed Chittenden by his title as governor.
2 Capt. Brownson.
3 Washington's Letters, in State Dept.




142               The Haltdiczland Pacers.
Given under my hand and the seal of this State, in the Council
Chamber at Bennington, this 10th day of July, A. D. 1781, and
in the fifth year of the Independence of this State.
(Signed)                  THOMtAS CHITTENDEN.
By His Excellency's commaiid.
(Signed)      JOSEPH IFAY, S'ecrta(?ry.
H.-I-ra Allen to G —ererl uIt man cl..
(COPY.)                  STntTE OF, VIERMONT, Sunderland, 
Jily 10th, 1781. 
Si,.:-This state has become the topic of discourse through the
Un[ited States. Various. are the conjecturtes and prognostications
of the populace abroad.  i have authentic accounts from Congress, that the the spent seve'l days last spr ig on the question of
Term,onut; thnt it was the sene of Congress (after lengthy debates) to make no detem'lina mion roespectinnlo it this campaign, or
to the end of the war. The'egisacbl;: e of this state convened at
Bennin;oton in June last. By emissaries fromn the other states, or
otherwise, tlhe very (reat lwig s in this state wee re much alarmed
on accotnt of neutrality, c. r Vlen it was found on a political
scrutiany. that there were a majo;iy of  at denomintation the
L(egislat ure, who tog'tile witiL the inliience of' some othecs that
attended, crowded fIr an elnqu-iiry to mnow ifro  whence the
reports; of' neutrality, &., originated, requesting thalt all papers
that h:ad passed t-o aid firoml t-he provinie of QIceiec, mightl be
laid before the ltheouse, when til Governior, Council and Assemlly
resolved themselves into a comit te e of th  whole ior the aforesaic enquitry, and to.!etermine on the e:ediencT of s ending
agents to Coonress. Weni 11 was called oil fL inlrlll ation I
affceted a wi lligne-, ot o cive them o ever inflrmation in my power,
observing, thlat on my arrival fi'oml the slie au rNoi-x - exhibited
miy Ipa1pers,  c., to the Gove' nor and those of tlhe Council that
were tbher:e i)esot,:hVO a i)peaed well sais-fled with my p1roceedings; that not knowing tat nte Alssembly woud wish to see the
papers, I had left tLhem at home  r t1I v1 G  wailtingi to give them
a verhal account, or go and fetch the papters, as they might choose.
iVWhenC the coinl-ittee aljoutuile.I I i ent and:ltcled tihe p-apers,
whetn the le-ttcrs that had plassed betwveen Generals fIIaldimand
and Chitte-lndeu, Geineral iAlle. and'ia:jolr atonl  ajo Dundas
and mnyselft were read, and I made a speech to the ai:udience in
such a mannLri'  as gave satisfaiction to th e spies -from the neighboring s:tates and the great whig s in this state, that there was no
truce or neutrality intended ty this s._tate, yet that the  titi-sh Governor was willing to grant Vermont charter privileges for a colony, if they would accept them; then it was agreed that three




Colon el Ira Allen to Generacl Hcalcdimanc.   143
agents should be appointed to attend on Congress with full power
to make and receive proposals for articles of Union between tlie
United States and Velmont, and to take seats in Congress; when
Jonas Fay, Ira Allen and Beza. Aoodward, Esqrs, 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 pcople of' this state that Congress means
nothing more than to keep this state in suslpense to the end of' the
war, and then dlivide the territ ory amonagst the claiming states
(which is doubtless the intention of many). Thlis, together with
such other matters as may be safely intrusted, will be in agitation
before the next election.
These matters are ripening ais fast as the nature of the case will
permit. It is exceedinogly difficult and somewhat dangerous attempting to change the opiuion of largoe and popular Bodies, nor can
any possible advantage arise by any of those in power to publish
their sentiments in that reIspect until the proer crisis shall arrive,
for this is a popular governmentl and hter oefficers annually elected by
the suffrages of the people; therefore carrvyirng these matters in
some measure ulnder thle Rose untilti e next election, when in all
human probability a large majority of0 the t-en oioleers of the government will be well disposed, and then by the advant age of
another denial from Congress and harving the reins of govelrnment
in their hands for one yea'r, tiley will imalke a revolution1 so long
wished for by lma ny.
A very considerable part of the citizens of this state are emigrants from Connecticut, and \wouild choose charter privileges similar to that government, and would expect to remnain a reasonable
time in a state of neutrality. Ho-weverl I hope thlat there will be
no difficulty on those account>s. oGeneal Allen lhars resigned and
taken to his old studies, philosophy. General Bellows declined
serving. Colonels St afoimcrdc anid Fletcheer are elected in their
steads. General Enos comm-ands this staters troops in service.
These three generals are acquainted wvith my proceedings at the
Isle aux Noix, &c. Tie result of whatever may take place at
Congress shall trausmit +o you. iThe 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, &e.
IRA ALLEN.
To Bis Excellency, G-eneral Halcbdimani.
Safford; repeatedly written Stafford in the IcalcimaCnd Papers.




144               The Haldirnand Papers.
Indorsed, " Copy (No. 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.,
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 sending a letter dated Sunderland, July 10, 1781, and directed
to Gen. Haldimand, 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 invading 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,         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."'2  Originally, 26 April 1781, Ira Allen and Isaac Clark had been appointed commissioners, and it is probable
that by this commission Fay was appointed in place of Clark. He
had. been appointed commissary-general of prisoners on the 29th
of the preceding month. That Allen and Fay were not authorized
Early History, 366. 2 Index to Stevens Papers, 26.




Sir Henry Clinton to General Haldirmand.      145
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 instructions on the subject."
G-en. Stark to Gen. lWashinyton.-[Extract.]'
DERRYFIELD, 15 July, 1781.
Dear Sir:-I now acknowledge the receipt of your letter of
the 25th ultimo, which was delivered a few days ago. I shall set out
for Saratoga the beginning of next week, and on my passage
shall hold a treaty with the Green Miountain Boys. But not having seen, or been acquainted with those turbulent sons of freedom,
for several years, I am at a loss to determine my reception; but
hope it will be such as will tend to the general good. I shall endeavor to give a more particular account on my arrival at Saratoga.
July 18. Gov. Chittenden announced " the West Union" by a
formal proclamation.
II.- Sir Henry Clinton to General Haldimand.
(COPY.)                   NEW YORK, July 23d, 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
forwarded by Ensigns Drummnond and Prentice have never reached
me, nor have I heard of those gentlemen being taken. I am
therefore apprehensive 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 suspicion of those people, as well as your Excellency.
Rear Admiral Graves having ordered a convoy for Halifax and
Quebec, General Reidesel, with a number of officers and men belonging to your army, embrace that opportunity of going thither,
and they will take with them from Halifax the victuallers from
Canada that were obliged to winter there.
Mr. Wier, my Commissary General, informs me that two very
large victualling transports were selected at Cork by Captain
Sharpe (the agent who had the care of our last fleet from thence)
to replace the cargoes of four smaller ones of yours, which were
made use of here, and as they were directed to proceed with the
Correspondence of the Revolution, Letters to Washington, Vol. II, 353.
19




146               The IHacdimnand Papers.
first ships for Quebec, I hope they will have reached you before
this, and have relieved you from the distress mwhich you was afraid
you would experience for want of your usual supply reaching you
in time.
I have not received the least information from home relative to
the intentions of government with respect to your province, but
the enclosed extract of a letter, which I received lately from the
Minister, will show you what those of the Court of France are in
regard to Canada.
By the next opportunity I shall send your Excellency such information" as I can procure from General Arnold upon the subject
you mention in your letter of the 6th ultimo; in the mean time, I
beg leave to refer you to General Reidesel for information respecting the state of affairs here, and have the honor to be
Your Excellency's most obedient and most humble servant,
H. CLINTON.
His Excellency, G-eneral cHaldimand.
P. S.-As His Excelledcy's Lieut. General Knyphausen is
very anxious to have that part of his regiment which went to
Canada returned here, if your Excellency will be so good to send
them back, I will take care to replace themn by an equal number
as early as possible.
Indorsed: c' Copy. Sir Henry Clinton K. B. to General Haldimand, July 23rd, 1781. E. No. 29."
H.- Lord George GQermaine to G-eneral Hcaldimand.
(COPY. No. 33.)                 WHITEHALL, [London,] 
DUPLICATE.                       26th July, 1781.
Sir:-The victuallers which have on board the latter part of
the supply of provisions intended to be sent to Canada this year
being now ready at Cork, the Cerberus Frigate has received orders
to proceed thither without waiting for any trading ships, and take
them under her convoy. She will also call off Plymouth for the
Lady Townsend ordnance store ship, which sailed with the last
fleet, but having sprung a leak was obliged to put back and is now
refitted. I therefore avail myself of the opportunity to acquaint
you that your dispatches numbered from 83 to 88, have been received and laid before the King.
The caution you used in these dispatches was certainly very
proper, as the conveyance was so hazardous, and I am happy to
find by them that the province had remained undisturbed by the
rebels throughout the winter, and that you had found means to
subsist the troops without subjecting the public to the exactions
of interested individuals, notwithstanding the disappointment of
the victuallers which were taken or lost their passage.




Lord George Germaine to General Haldimand.     147
A very short time after your letters were dated you would receive most ample supplies of every species, for I had the pleasure
to learn by letters from Admiral Edwards that he had collected
the whole of the outward-bound ships at St. Johns, and proposed
escorting them with part of his squadron into the river St. Lawrence, where I have no doubt they all arrived in safety.
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 aid 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 understand that the New
England Provinces had relinquished their claims to the whole of
Velmont 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 accommiodation 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 NTew
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 perfectly corresponds with
my views of cutting off the communication between the eastern
provinces and Canada by the interposition of the new province
between them  and the diminution of the former by its being
wholly taken out of them.
The minister having desired me to send you such extracts from
his dispatch No. 33, (a duplicate of which I received by the last
packet) the foregoing is all that appears necessary.'
NEW YORK, Dec. 16th.
I refer to General Robertson's letter for news.
G-eneral Haldirnand.
This dispatch seems to have been sent to Clinton for Haldimand,




148                The Haldimcand Pcapers.
Indorsed, " Copy of extract of Lord George Germaine's letter
to Governor Haldimand sent overland by Nathaniel Wales, the
16th of December 1781;" also sent a duplicate and triplicate
overland.
Ezra'IHommedieu (in COongress) to Gov. Cliinton.-[Extract.]'
July 31. 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 representation from New York. 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 suffeeres to the state, who had
voluntarily relinquished their jurisdiction, for compensation for
their lands.'Tis said a person fiom 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.
H.-Extracts of letters from iAyents jbr negyociatiny with the people of Tervmont.
2d August,'81.   We have very cautiously perused
1781.
Aug. 2-18. Allen's letter and compared it with the general intelligence and with his conduct at the Isle au Noix. We
find ourselves perplexed and muchm 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 proposals,
which, if sincere, lie will not fail to do in terms lie is sure will
meet with such a denial as will alienate the minds of the Vermiont
populace from that rebellious Assembly and incline them to place'
confidence in their leaders, and look to General Haldimand for protection. On the other hand the apparent studied style of Allen'7s
letter does not appear to us like the undisguised sentiments of an
honest heart.
9th. We have been busily employed with Major Fay. We are
sorry to find him as unprepared as Colonel Allen was to close
with the proffered terms. He has no written instructions on this
subject owing (he says) to their not being able in the last AssemClinton Papers, No. 3862.




Interview between JosepZh Fay and British Agents.  149
bly 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, who 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 suspicion. He laments that lie could not
be authorized by the voice of the p-eople 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, accompanied with so many gestures of sincerity,
that he seems to overact his part. I-e certainly is perfectly honest, or a perfect Jesuit, we have too mulch reason to fear and believe the latter; however, it appears plain thalt he wishes to
continue the negotiation till next November, for what reason is
uncertain. He declares solemnly that they will be then able to 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 IMr. Washington's success in the present campaign shall be known. We do
not think Vermont expects by procrastinating to strengthen herself as a state, but we believe sincerely they design to secure to
themselves this campaign ifrom invasion of King or Congress, by
spinning out the sumlmer and autumn in truces, cartels and negoclations, 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 Vermont from Fay's letters than we have foron 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.




150               The Haldimand Pcaers.
15th August. If the enclosed report is true, it plainly shows
that notwithstanding 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 mentioning 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 General 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. Ct. 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 candour acnd 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 reception 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 gentleman 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 loyalty, 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: " 1781. (No. 21.)  Extracts of letters from agents
for negociating with the people of Vermont."




General Halcdinmand to Sir Henry Clinton.     151
H. - General Hialdimalnd 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 intelligence might avert. Uncertain as the present
conveyance is, I 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 disappointment 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 communicate to you my whole transactions with Vermont to
the present date, which never could have been done by safer.
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 Excellency the proceedings with
the flag therein mentioned from No. 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, 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 acknowledged a preference
for Congress, provided they are admitted in alliance as a 14th
state. The necessity of a compliance with this demand 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




152                The Ifcaldimand Papers.
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 goverinment 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.I 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 may be, he could not stand
the test of the discovery this interview must lead to, but I shall not
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 dispatch 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. As 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 dispatch 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 Connecticut 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
provisions is an alloy to every pleasure I should derive from my
exertions in defense 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 Gulf, 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
1 Ante, 142-144.




Mlemorial of XTe(, York to Congress.       153
the present crop considerably injured by catapillers. 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. HALDIMAAND.
Indorsed:' Copy General Haldimand to Sir Henry Clinton K.
B. Quebec, 2nd August, 1781..41.
H. - Sire Henry Cl'inton to Gen. Haldimand.
NEW YORK, August 2d, 1781.
Sir:-Having wrote to your Excellency on the 23d 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 re-inforcement 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.
I 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,
though it is a favorite object, what they now meditate.
H. -(CoPY.)    lemnorial of the Delegates of New Yor/ l to C6ongres;.
To the United States of America in C(ongress assembled:
(Aug. 3.)  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 Septemrber, 1779, it was unanimously resolved by Congress that it be most earnestly recommended to the state 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
20




154               The Hccaldiandc Pacpers.
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 meantimie 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 consided as included within the said district, but such as had heretofore
joined in denying the jurisdiction of either of the said states, and
had assumed a separate jurisdiction which they called the state
of Vermont; and further, that in the opinion of Congress the
three states aforesaid ought in the mean time to suspeild executing
their laws over any of the inhabitants of the said district, except
such of them as profess allegiance to and confessed the jurisdiccion 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 unanimously, 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 Connecticut 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 conformity 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 concerned 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 Bradley in behalf of the people of the Grants claiming a




Miemoroial of New York to Congress.        155
separate and independent jurisdiction, 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 that the people of the said district had been represented in the
Legislature 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 Aessrs. Allen and Bradley, agents for the people of the
Grants claiming a separate and independent jurisdiction, 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 ltract 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, andl Peter Olcot 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
pressing 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 professed 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




156               _The Hcaldimlcanc Papers.
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 independent jurisdiction set up under the
pretended state of Vermont, and to take measures in the meantime for restraining the encroachments of the said inlhabitants, at
least within the bounds which they themselves: till the late extraordinary extention, considered, represented and claimed as coiprehending the New Hampshire Grants. The underwritten do
therefore, 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 may he uninformed, satisfactory evidence of the title of New York to all that part of the controverted district which lies on the west side of Connecticut River.
Done at Philadelphia, in obedience to the express instruction
of the Legislature of the State of New York, the $dc day of August, 1781, and in the sixth year of our Independence.
(Signed)            JAMES DUANE,
Ezx. LE HOMINIEDmIEU,
-Delegates for the.state of Tle'!w Yorkf aCtn agents
nm the codntroversy referred to.
SECREnTArY'S OFFICE, CONS(RESS, 
August 21, 1781. 
The foregoing is a true copy of the original filed in this office.
(Signed)                IGEORC-GE BOND1,
DJeputyi Secetacr otf Co ongress.
Indorsed,' No. 23. Memorial of the delegates of Nlew York
to Congress, 8d August, 1781.'
H.- Resolutions of Cotongyres.s on Vervmonut.
(CoPY.)-By the United States in Congress assembled, August 7th, 1781:




Resolutions of Conyress.             157
Whereas, the states of New Hampshire and New York
Aug. 7. have submitted to Congress the decision of the dispute
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 said territory, and have been heard thereon. And,
whereas, the people aforesaid claim and exercise the powers of a
Sovereign 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 comlmittee of five be appropriated 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 independlence of the said people of Termont, they will consider all the
lands belonging to New Hampshire and NTew York respectively,
without the limits of Vermont aforesaid, as coming within tfhe
mutual guarantee of territory contained in the articles of colnfederation, and that the United States will accordingly guarantee such
lands, and the jurisdiction over the samne, against any claims or
encroachments from the inhabitants of Vermont aforesaid.
8th August, 1781. Congress proceeded to the election of the
committee mentioned in the foregoing resolution.
The members, iMr. Boudinot, Mr. Van Dyke, Mr. Carroll, Mr.
Montgomery, Mr. Randolph.
Extract from the minutes.
(Signed,)               GEORGE BOND), Dep'y Sec'y.




158               The tfaldimand Papers.
The resolutions of Congress of the Tth of August were sent to
gov. Chittenden by gen. Washington, by a special messengercapt. Ezra Heacock,- who was also charged 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. Ileacock; assured him that the negotiation with Canada was to secure the state from invasion; that the people of Vermont 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 general Washington.1
H. -LMaIor Joseph ~ayg, &Vermonot Commissioner, to General
I:Ihalcimanc.
(COPY. PRIVATE.)        ON BOARD THE ROYAL GEORGE, 
L.iXIE CHAIMPLAIN\T, 9Ath August, 1781.
Sir: - Havingl done myself the honor to w-rite you on thIe s ubject of an exchange of prisoners, I beg leave to address your
Excellency on another subject more interestino 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., as also conversing very freely with them. It givme lme pain
to find any apprehensions in your Excellency's breast that the
gentlemen of Vermont, who are all acquainted with your good
intentions, are wanting in sincerity, and am, at the samte time,
sorry to mention the jealousies which arise firom t-he distance you
have been pleased to keep the proposals made to them tIhrougl
your Commissioners at cifferent 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.
I am happy to find by the letters shown mle by your commissioners, that your good intentions toward the people of Vermont
are honorable and upright. I am convinced for myself and would
sincerely wish proper measures to be taken to remove every
Earlcy History, 377, 378. TllZiacts, Vol. II, 220.




Joselph Fay to G-eneral Haldimnand.       159
jealousy which may subsist 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. I shall, however, acquiesce in your determination on
that head. Colonel Allen's letter to you of the 16th ultimo, expresses nearly everything I can conceive interesting in the present
negociation, a repetitionl of which would be [un]necessary. I
call only assure your Excellency that his letter expressed the
sense of the Governor and Council, as I was present when it was
read, and by them and General Allen approved. As Colonel
Allen mentioned the three general officers being 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 acquainted with Colonel Allen's proceedings, freely subscribed their names to a paper declaring their approbation, 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 approbation, which I 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 acquainted.
I am not unapprised of your Excellency's anxiety to close the
present negociation, 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. 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.
Iis Excellency, General HaldimGancl.
Indorsed: " No. 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 Champlain."




160                The fcaldimnand Palpers.
Gen. Starck, at Albany, to Gen.  cashington.- [Extract.] 
Aug. 9. In compliance with your order, I arrived at Bennington on Friday last, and on Saturday made a visit to their governor
[Chittenden,] 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 are not fallacious; for, before I came to Bennington, maj. McKinstry, who has command 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 lhundred
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 fromn Hoosac, passing to 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 examlination,
I find them to be a party from Canada, which first consisted of six.
They made prisoners of esquire Bleecker and two servants, when
they were joined by two other tories, miaking up the eleven. I
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.
On the same day, gen. Schuyler informed gov. Clinton of an attempt by a party from Canada to take him [Schuyler] prisoner,
at his house in Albany. He added:
The party that took John Bleeker esq. was secured by some
people on. the Grants, who went in pursuit of them. It [the British party] was commanded by one Howard, who had his orders in
writing from Col. St. Leger, commanding at St. Johns. I believe
the Vermonters have or will hang Howard.2
President WT'eare of iTew Haempshire, to Gen. WaVshinqton.
[Extract ]3
Aug. 13. Had it not been for this unaccountable and altogether unexpected destruction 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
1 iemoir and Correspondence of Stark, 215. 2 Cjlinton Papers, No. 3886.
Corr. of tihe Rev., Letters to Washinyton, Vol. II, 385.




The Question in Congress.             161
completing the quota of New Hampshire in the continental army]
fully into effect, excepting in that part of the state which, as I
mentioned in my letter of the 23d of July, under pretence of joining what they call Vermont, have refused to raise men or furnish
supplies of any kind, so that there will be a deficiency on that account of more than a quarter part, both of men and supplies, until Congress, before whom the matter lies, shall determine upon it.
H. - Vermont Commissioners to the President of Congress.
(COPY.)                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.,
JAMES [JONAS] FAY,
IRA ALLEN,
BEZ'L WOODWARD.
His Excellency, the President of Congress.
On the same day, James Madison wrote to Edmund Pendleton
that Vermont would speedily be admitted to the union as a state,
on account of Massachusetts having relinquished her claim-the
encroachments of Vermont upon New York and New Hampshire,
and the Haldimand correspondence, &@. - See ante, 57.
Gen. Washington to Gen. Starkc.  [Extract.]2
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 [H-oward'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.
H. - General Haldimand to his Conmissioners, for Major Pay.
(PRIVATE.)                 QUEBEC, 16th August, 1781.
Sir:-You will please to acquaint Major Fay that I am favored
with his letter (private) of the 9th instant, and that I cannot help
1For the commission, see ante 141. 2 Memoir of Stark, &c., 218.
21




162                The Haldimand Papers.
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 AMother
Country. I have been so little accustomed to deceit and 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 reconciliation, 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 other detachments with flags of truce, but above all
from the acknowledged construction of my views, thlAt they 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, I confess I am taught to entertain doubts which 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 secrecr  should be punctually observed. Under
these circumstances, I 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, which 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 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




General Hcaldimand to Major Fay.          163
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 wvish to forbear, upon
the faith of Colonel Allen's and Mr. Fay's professions, 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 suppose Congress will, in prosperity, grant
what they have so repeatedly refused when their alliance would
have been serviceable; on the other hand, should Amlerica 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 generous 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 five persons, who will
keep their flag constantly flying.
Major Fay will be so good to acquaint Colonel Allen that I
received the favor of his letter.  I am, &c.,
(Signed)                           FRED. HALDIiMAND.
To Messrs.. and B.
Indorsed: "' Copy (No. 20.) -From His Excellency General
Haldimand to Messrs. A. [Captain Sherwood] and B. [George
Smyth.]  16th August, 1781.




164                The ISaldi:mand Papers.
H. —By the Unitecd States in 6ongress assembled, Agey. 17, 1781.
Aug. 17. Congress took into consideration the report of the
committee appointed to confer with agents 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
Alien and Bez'l Woodward, wherein they represent that the said
Jonas Fay, Ira Allen and Bez. Woodward have produced to them
a commission, 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 Bez. Woodward, on the
subject of their mission.
Extract from the minutes.
(Signed,)                GnEo. BOND,.Deputy Secretary.
H. -- Vermondt Delecgates to Commvnittee of Congress.
(CoPY.)  To the Honorable Committee of Congress:
Aug. 18. 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 o t hem. necessary in order to
a Federal union between that and the United States:
1st. That Vermont be recognized as an independent setate, 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 tend 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




Vermont Delegates to Congress.          165
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 several 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 decision of disputes
between two or more states concerning boundary,jurisdiction, &c.
4th. That Vermont have the same right as any other state, on
application 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 purpose) 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 [not] be found to belong of right to the
states of New Hampshire and New York respectively, they shall
be thenceforth considered as belonging to the jurisdiction of the
state of Vermont.
JOSEPH FAY,
(Signed,)                  IRA ALLEN,
BEZ'L WOODWARD.
Philadelphia, August 18th, 1781.
Indorsed: I' Copy. (No. 27.) Proposals from the agents of Vermont to Congress, dated Philadelphia, August 18th, 1781."
H.- Questions by Committee of Congress to Verwmont Agents, and
their anszoers thereto.
(COPY.)                 PHILADELPHIA, 18th, August, 1781.
Questions proposed by the committee of Congress to the agents
on the part of Vermont, with answers thereto.
Query 1st.-Are the boundaries set forth in the written proposition 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 2nd.-What part do the people of Vermont mean to
take up as to the past expenses of the present war, and what aid




166                The Haldimand Papers.
do they propose to afford 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 the agents on the part of Vermont.
Query 3rd.-What are the ideas of the people ef Vermont relative to the claim of private property under grants or patents from
New Hampshire or New York previous to the present Revolution?
Answer.-Altho' the state of Vermont hath not hitherto authorized any court to take cognizance of such causes as respects 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.
QIery 4th.-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?
Answer.-No forfeitures have been taken by the state of Vermont on any such grant for non-performance of conditions of settlement, and 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 proposition above mentioned?
Answer.-As the citizens of Vermont have not been lately numbered, we can therefore only estimate them at about 30,000, 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 5,000,000 acres.
Query 7th.-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 vouch for.
Query Stth.-In case the enemy should attempt an invasion of
the northern frontiers, what aid as to men and provisions could be
raised in the state of Vermont for the public defence, (you can




Action of Congress.                167
suppose the invasion made in different quarters,) and within what
time?
Answer.-The number of militia within the lines herein limited we suppose to consist of about 7000, in general well armed
and accoutred, 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 1500 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: 6 Copy (No. 28) 1781.  Queries from the Committee
of Congress to the agents of Vermont and their answers, 18th
August."
Aug. 19. Major-general William Heath was assigned to the
command of the northern department by general Washington.
H. —By the United States in Congress assembled, August
20th, 1781.
On 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 resolution 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 relinquish all demands of lands or jurisdiction 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 20 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 the South
Bay to Lake Champlain; thence along the said river to Lake
Champlain; thence along the waters of Lake Champlain to latitude 45 degrees north, excepting a neck of land between Missisquy
Bay and the waters of Lake Champlain.
Extract from the minutes.
(Signed)                GEO. BOND, Deputy Secretary.




168                The Halcdimanc Papers,
Capt. J. Sherwood to Col. Ira Allen.'
LONGALE [Longueil] BLOCK HousE, 21st Aug. 1781.
Dear 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 my former personal. friendship for
you and him remains inviolate. As I have requested the major to
present my compliments to governor Chittenden and the gentlemen
of Vermont in general, have only to request you will remember
me to my former good friend general [Ethanl  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,
J. SHERWOOD.2
Col. Ira Allen.
G-en. Roger -Enos to Gen. Washington.
Aug. 2&. Gen. Roger Enos wrote from Castleton, informing
gen. Washington that he had been appointed to command the
whole of the Vermont troops; that he would obey Washington's
orders, and give every information he should receive of the approach of the enemy.
Gen. Stark to gol. Henry Laurens.3
ALBANY, August 27th, 1781.
Dear Sir:-By a spy, who has been on board the enemy's ships
at Crown Point, we learn that their intention is to make a push
upon this place, to alarm the New Hampshire Grants by way of
Castleton, and gather all the tories in this quarter, who are to be
Ethan Allen Papers, 357.
2 In a notice of Col. Thomas Johnson, of Newbury, Mr. B. H. Hall
states that, while a prisoner at St Johns, Col. Johnson " was permitted
to live with Capt. Sherwood, a gentleman noted for the humanity whici
he uniformly displayed towards those whom the fortune of war placed in
his hands." —Eastern Vermont, 407. Capt. Sherwood's letter indicates
the courtesy that prevailed among the gentlemen engaged in the negotiation; which, indeed, Ira Allen specially certified.
3 lemoir cand Correspondence of Starc,, 225.




General Stark to Governor Chittelden.       169
met by Gen. Howe's [British] army near this place. Therefore I
should advise you to keep your men in readiness.
Your obed't servant,         JOI-IN STARK.
Gen. Stark to Govy. (Cjittenden.
ALBANY, 27th. August, 1781.
Mily Dear SXir:-I only waited the prudent and happy determination of Congress, to congratulate you upon the interesting
and important decision, in your -favor. Be assured, Sir, that no
intervening circumstance on the grand political system of America,
since the war began, has given me more real pleasure than to
hear of your acceptance into the union - a mieasure that I do now,
and always did think, was highly compatible with the real interest of the country. It is with difficulty that I can determiine in
my own mind why it has been postponed to this late hourl; but
perhaps congress had motives that we are strangers to. The best
and wisest mortals are liable to error.
I am very happy to acquaint you that the people in this city
show very much of the highest solicitude upon the matter, fully
convinced that to be separaie will Ie more for the interest of both
states than to be united. In my opinion, nothing can wound a
generous mind more t    than the mortifying thought of making a large
country miserable; and the people of your state, by their utter
detestation of the management of New Yfork, must have been
wretched under their government.
To have been connected with New Hampshire is what many in
the state would have been very sorry for, as very inconvenient
and expensive for both bodies of people, and no real good resulting from such a connection; therefore, I am of the opinion that
every man, who consulted the public interest, must be an advocate
for a separation.  For, had they been connected, there would
ever have been a jealousy between the two states, which would
have been infallibly dangerous to both; but that jealousy, by the
separation, must entirely subside, and New Hampshire and Vetrmont live in perfect friendship as sister states.
That Vermont, in its government, may be happy, and a stranger
to internal jars, is the ardent wish, my dear sir, of your most
obed't serv't,                              JOHN STARK.
Aug. 28. Gov. Clinton, in reply to a letter from Stark of the
18th, said he had no objections against his sending a flag to Canada for the exchange of prisoners. It was an object lie had frequently attempted, though in vain.'
1 Memoir of itca'k, 228.
22




170               Tie Haldimand Papers.
Aug. 29. Gen. Stark expressed his desire to maj. gen. Heath
to exchange British prisoners, in his possession, for some of Alden's and Warner's regiments.1
Aug. 31. Gen. Stark wrote to gov. Clinton that his embarrassments were almost intolerable; not a single grain of forage, nor
could he procure any; almost daily calls from the frontier for
provisions, but could not send them, as the quarter-master had no
money to procure teams, and no power to impress them.2
1781.   Gov. Clinton informed gen. Stark that he [Clinton]
Sept. 1. had addressed gen. Haldimand in the last winter respecting an exchange; that brig. gen. James Clinton had intended
to send for that purpose, and prepared papers, which he [the governor] desired Stark to send by the first flag.3
Sept. 4. Gen. Stark wrote to gen. Haldimand for an exchange,
and suggested the appointment of commissioners for that purpose.4
Geen. Schmyler to G-ov. Clinton.-[Extract.]
Sept. 10. It is given out that the enemy, offended at having
been duped by the Vermonters, intend to attack them. This, with
the indications at St. Johns, gives us great reason to suspect they
mean either the Mohawk or this [Hudson] river.5
In the previous month there had been an alarm on the east side
of the mountain, and on the 10th of August a company from Pomfret and Hartford marched out to find the eoemy, but in vain.
In September, a scouting party of four persons, sent from Peachaml
up the " Hazen road," were attacked by Indians, who killed two
of the scouts and captured the remaining two.6
Sept. 11. Gen. Stark wrote from Saratoga to maj. gen. Heath
that his men had but ten rounds of ammunition, and no more in
store; that he had no men to spare for the defense of Albany,
[which expected to be attacked and burnt by the enemy;] that he
needed reinforcements, as he had that day received certain intelligence of there being a large detachment at St. Johns destined
1 ]Zemoir of Stcarl, 230.  2 Smce, 231.  3 Scae, 233.' Seame, 236.
U Clinton) Paciers, No. 3984.  6 Eastern Termont? 411, 412.




Corresyondence of Stark.              171
for that quarter; that, if the enemy approached, he should be
under the necessity of sending expresses to Hampshire and Berkshire counties, to Albany, and to the Grants, and this he could do
only, for want of good horses and horsemen, "' by detaching a soldier on foot, with his provisions on his back."  He had applied to
gov. Clinton for forage, but the governor had replied that Congress had never required it of the state, and without that requisition he could not give a warrant to impress it.'
MlIaj. Gen. Heath to Gen. Starkl.-[Extract.]
Sept. 17. I have received repeated information that the enemy
have been building canoes and small batteaux for some time, at
St. Johns, and sending hard bread from Montreal to that place;
and it is now said that a number of troops have arrived there.
Whether their design is to cross the lakes and advance toward
you, or toward the towns on the Connecticut river, for which the
light craft seem rather calculated, is uncertain. You will please
to keep a sharp look out, and be in readiness to oppose them,
should they advance.2
E. Mliar'shal, at Albany, to Gen. Stark.
Sept. 19. Some prisoners came to town last evening from
Montreal. They had the liberty of that town, and say that, two
days before they left that city, a body of two hundred and fifty
men crossed for St. Johns; it was said they were to be joined by
a body of whites and Indians at that place, and in conjunction
with a body heom Buck's island, were to fall upon and destroy the
remainder of the country on the Mohawk river.3
Gen. Stark to Mfaj. i.  (en. heath.-[Extracts.]
Sept. 20. Intelligence from Canada, through sound sources,
leads us to conclude that an attack is designed, either upon this
post or the Mohawk river. From the situation of the country I
think the attempt will be made upon this post, as the enemy can
come here with twenty-five miles land carriage; while, on the
other quarter, the distance is six times that number. However,
if amlmunition is supplied me, I hope to give any that may come
such a reception as will make them glad to return if they have an
opportunity.4
1Memoir of Starkc 24 247  Scae, 254.  3 Same, 255,  Samce, 256.




172                 The JIaldimztancl Paj)erss
lThi'cr,  Intervieve between the Ctommn)iissione-rs of' Vermo)nt andI
G(re at Britain.
Sept. 1-20.  In the month of Seiptember, and previous to the
20th, the Vermont and British commissioners met at Sklenesboro [Whitehall] to exchange prisoners, when the Vermonlt commissioners delivered to the British the several Vermont, New
Hampshire, and Congressional documents, bearing dates betweell
the 20th of June and September, twhlich have been given f:rom the
Haldimand Papers.    The plan of govern1menlt ifL V6erImonlt as a
British colony was discussed, and it was a grleed that it should le
essentially the same as that established by the constitution, and
similar to that of the colony of Connecticut, except that the kingl
in council should appoint the governor.  rite British commissioners suggested Othe capture o' Viermontelrs who wee most violently
opposed to the negotiation, which the Vermont comlmissioners rejected, and the matter was reserved. The British colmmissiolners
then insisted that Veirmont s!honld dcllare itself a Britishl colony,
and offered to put several leading Vermlonters on the Pritish military establishment, as b)rigaier general, two colonlel, and othler
officers. The Vermont comnmissioners', treated this p1rolosition'1
with candour and deliberationl aTnd,'tte-ti filly Ltcihi ol)jercion1s,
such as tle locality of'Venmiont, adjoining thi snet tlements io the
United States-the staunch whigs amonigl the ibody of' her people
-their ties of consanguinity  with people of tie'neighboring
states, and the difficulty Grieat Britti would hlav e in ldefnding
Vermont, especially in the winteLr  They urged, that tie,, d(-(,itng
('r1 ()',mi't:ticeC was necessaly to iprepare tIhe  eoplie oi'  tuch a
change, and' suggested that the inability of New HamIpslhile to
furnish her ftull quota of' troops to the continental service, Land the
possibility of ainnexing Berkshiire county",iMas,,; tachuseltt,,,, to Vermont, with the influenie of0 these things on the people of' the
state, nighlt be of Imore service to tlie king than any tling Vermont could accom-nplish. The British Cotlinissioners tookl down ill
writing the heads of these objections, and I thce1 suggested an
instruction, rwhich they said they were not at liberty to' deviate
froml without putting an end to the armistice, which was, tallt hlis
excellency general Haldimand should, in pursuance of' full powers




Third Intervieuw between the Commissioners.    173
vested in him by his majesty and council, issue a proclamation,
offering to confirm Vermont as a colony under the crown."'
In the next document, Sept 20. the Vermont commissioners'propose whether a proclamation from his excellency general
Haldimand" "lmightnt ot answer a valuable purpose;" and the
British commissioners, in their report of this conference, wrote on
the 30th of September that the  ermtont commis.sioners " recquested
(as the last resorcee) that gen. Ifaldimanld twoulc iss'ue a procla-'mation," cce., The apparent discrepancy between Ira Allen and
the British commissioners is renmoved on the supposition that the
latter had suggested a proclamation at some preceding time in the
conference, which the Vermont coilmmissioners then objected to,
and that subsequently,' as the last resource," the latter renewed the
proposition.  Allen's account is consistent with this explanation.
Fe went on to say that " the agents of Vermont were unpleasantly
situated," but they reinforced the previous objections [to the proclamation proposed by the British commissioners,] by suggesting
the lateness of the season,,b)td roads, want of fortifications and
preparations for det'lose, and that one winter' would have great
effect in changing the mnindcs of thie people. Gen. Hahlliinand
might change his opinion as to a iroclamatio t 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 before he distributed them.  Oi, the;e!r'pinciplet.s thcje consented to have the
plroclamatmi onOl.   2ou'(it L')p' the lak/e rather than blreakc the a<r-,isti.te.2 To' concede that Allen was mistaken in his statement,
that the fi tst suggestion of a proclamation came fiom Haldimand's
agents, is (equitvatlet to a l(charge that these objections in the name
of the Vermont commissioners, werle merely Allen's afterthoughts.
A strong lmotive would be needful to prompt such a mistatement;
and Allen in E glanld in 17(9 ceritainly could have no such maotive. His interest then was to represent Vermont and himself as
i ilt.   Allen in Yt. Hfist. (ol., Vol. i, 43-4o —,5. Geen. HIaldimand declared to his commissioners, Aug. 16, that it would be most suitable to his
ideas to lprouuigate his wishes to tlhe people of Vermont by a proclamation.-Antte, 162.
Ira Allen, in Vt. Hist. Coll., Vol. I, 435, 430.




174               The Haldimand Pacpers.
having been well disposed towards the British government, and he
would hardly omit so important a fact as that the proposal to invite Vermont to become a British province, by proclamation, was
made by Vermont, and by himself as her agent, instead of by
Haldimand.'
H.- From Commissioners of Vermont, suggesting a Proclatmation
by Gen. Haldim and.
(COPY.)  Sept. 20. 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 report 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 General
Haldimand, to be then exhibited to the Legislature, might not
answer a valuable purpose, as it would lay a foundation for them
to proceed 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 they have been accustomed to as
may be. That there should be no undue advantange taken by such
proclamation, we propose that it be lodged xith the general commissioners on the Lake; that as soon as the Legislature have rejected the offers of Congress, that a confidential lperson he forwarded to said Commissioners with that inforlation, when a flag
should be sent to Castleton with such proclamation sealed and
directed to the Legislature, when General Enos will forward them
unopened by express to the Legislature.
mx ALLEN,
(Signed)        IR  ALLN,
J. FAY.
Skeenesborough, September 20th, 1781.
Ira Allen, in Vt. Hist. Col., Vol. i, 435, 436.




Third Interview between the Commissioners.     175
H. - Queries from.... to the Commissioners of Vermont respecting their propsals and proclamati on, ne., and their answers.
1st -Do those proposals fully  Ist.-Answered in the affirmcoincide with the opinions of the ative
Government and council, or such
part of them as wish for a British Government?
2nd.-What effect or particu-  2nd.-It will lay a foundation
lar advantage will such a Procla- for the friends to government to
mation have in the Assembly?  enter fully on the business authoritatively, and facilitate a
close of the subject, as it will
contain the general proposals.
3rd.-Will it not tend to en-  3rcd. —It cannot alarm  the
courage [enrage?] them and ef- Legislature so much as to have
fectually put an end [to] further the subject proposed to them by
negociation?                 the governor and council, as
Congress and the world will be
at a loss to judge what occasioned such proclamation, as all former private negociation on the
subject will still remain in oblivion.
4th.-Will it not alarm Con-   4th.-The Articles of Confedgress and gain from them a pre- eration virtually  precludes a
tended compliance with all the compliance, nor can it alarm Condemands of V-      t?        gress or the other states more
than to have the matter litigated
at large in the Assembly, as they
are possessed of Lord George
Germaine's letter to Sir Henry
Clinton.
5th.-Shall you make the proc-  5th.-It will be conveyed imlamation public or not?      mediately on reception to the
Speaker, and opened in presence
of the Assembly.
6th. —Do you candidly be-     6th.-Our new election warlieve it probable that the Assem- rants the highest probability.
bly and populace in general will
close with the proclamation, provided it gives them Charter privileges. similar to those of Connecticut, or nearly the same?




176                The.Hadimctnd Papers.
7th. —-If the Proclamation.   7t7t.-Even should the proposhould be rejected will there be sition be rejected, still we are
a probability or even a possibil- confident it wolcl not affect those
ity of a re-union after such a re- who are now in favor of Governjection?                     ment, but add to the numbers
who would still pursue the grand
object.
IRA ALLEN,
Skeenesborough, 20th September, 1.781     J. FxY.
Sept. 26. Gen. Stark sent a flag, by Captain Hickok, to the
British shipping on lake Champlain, to inquire for a captain who
had previously been sent to procure an exchange of prisoners.'
H.- Gene)ral Haldiclcmnd to Sir HeIn'y Cy(lintot.
(COPY.)                        QUEBEC, Sept. 27, 1781.
Sir: - The letter which accompanies this I had the honor to
prepare for your Excellency the 2d ultimo, but was disappointed
in my expectation of conveying it to you. The present, with its
enclosures, is in continuation of the former. These contain the
fullest information in my power to communicate to your Excellency
upon the interesting subject of Vermont affairs. 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 loyalists
who live among them, that sanguine as I am for the success of this
business, I cannot help entertaining very unfavorable suspicions of
it. My agents have at present an interview with 1Major Fay agreeably to his desire expressed in No. 21. I hope I shall be informed of the result before I am obliged to dispatch this letter. In
conformity to my own sentiments and the request of those loyalists
in whose judgment I have the most confidence, I have determined
to show 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 Mohaawk 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
1 Memoir of Stcark, 262.




G-eneral Haldimnand to Sir Henry Clinton.    177
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 dispatches. I have the honor to be, &c.,
(Signed)                           FRED. HALDIMAND.
His Excellency, Sir Henry Clinton.
Indorsed: " Copy. General Haldimand to Sir Henry Clinton,
K. B., Quebec, 27th September, 1781. 42."
H. - General Haldimand to Sir Henry Clinton.
(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 two large victuallers mentioned by your Excellency to have
been destined to replace the four intended for this place, which
were used at New York, are not yet arrived, but my CommissaryGeneral is made to expect them this autumn. The plentiful supply I have lately received will make this delay of less consequence.
Agreeably to your Excellency's and General Knyphausen's desire, I send back to New York that part of his Regiment under
my command; however inconvenient it may be to me to part with
troops of their merit, I have a pleasure in gratifying the wishes
of an officer so distinguished by his services as General Knyphausen. In replacing this detachment, I hope your Excellency will
consider the acquisition it is to you, and how much they must be
missed, in a small army widely dispersed, composed in general of
very inferior troops.  I have the honor to be, &c.,
(Signed)                             F. HALDIMAND.
His Excellency, General Clinton.
23




178                The Haldimand Papers.
H. - Report of British Cornmissioners to Capt. Matthews, for
Gen. Haldimand.
(COPY.)                      QUEBEC, 30th Sept. 1781.
Sir:-In behalf of B.... [Geo. Smythe] 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 No. to No. contain the
essential part of our negociation, I beg leave to trouble you with
a few 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 I was with them, Vizto 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 suci a change. But I find that Congress are
much alarmed, and have lately at great expense employed a number of emissaries in Vermont to counteract underhand whatever is
doing for government. The principal of those are General Bailey, Colonels Chas. Johnson, Moron, [Morey?] Brewster and
Major Childs, on Connecticut River.
This junto of which General Bailey is the soul are endeavoring
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 whtom they will endeavor to support, by establishing a considerable force somewhere on the frontiers of Vermont
next spring. Messrso 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 Con



General Haldimand to Sir Henry Clinton.       179
necticut as possible; the protection they might expect against their
southern neighbors and the advantage of a [free] trade with Canada, &c. to conclude 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 knew of no other
method at present. I am, sir, with much respect,
Your most obedient and most humble servant,
(Signed)                                     A.
Caplt. Mathews.
Indorsed: " Copy of a letter from one of the secret commissioners, dated the 30th September 1781.  (No. 33.)  A."
H.- General Haldimand to Sir Henry Clinton.
QUEBEC, 1st October, 1781.
1781 Sir:-The intelligence, for which I have some days
October 1. detained the Frigate, is at length arrived. My agents
are returned from their conference with Ira Allen and
Major Fay, and'I here enclose a continuation of their proceedings
from No. 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
circumstanced. The prejudice of a great majority of the populace, and the prevailing influence of Congress, are too powerful to
admit of a chance, (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, I most sensibly feel the want of particular instructions, fearing, on one side, to let an opportunity escape which may
never be recalled, and on the other, taking upon myself a tfecision 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




180                The UHaldimand Papers.
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 sacrificing 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 cannot 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 successful.
I have the honor to be, &c.,
(Signed)                      FREDERICK HALDIMAND.
To His Ex cellency, Sir Henry Clinton.
Indorsed: " 45."  Frederick Haldimand, &c., &c.
H. - General ifcdaldimand 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 honor.
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 commlunicated.
I have the honor to be. &c.,
FRED. HALDISIAND,
His Excellency Sir Henry Clinton.




JForm of Proposed Proclamation.          181
H. - G en. Haldim and to Sir Henry Clinton.
(COPY.)                     QUEBEC, October 3d, 1781.
Sir:-I have the honor to enclose to Your Excellency a sketch
of the Proclamation mentioned to you in a letter of this date.' 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 necessity to which my local situation
has reduced me.
With respect to the thing itself, many happy, no evil (that I can
foresee) consequences can result from it. Should it have the desired effect, I need not point the advantages. If it fails, the
boundaries of the Provinces 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.
H.- Form of Proclamnation proposed by Gen. Haldimand.
Whereas His Majesty, persevering in his humane endeavours to
prevent 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 accommodation as might appear to me best calculated to recall them to their allegiance and to rescue them from the
oppression of their interested deluders, by re-uniting them upon a
respectable and permanent footing with the Mother Country.
Happy in the prospect of being instrumental to so desirable an
event, I embrace this mode, as the most public, of' declaring to
the people of Vermont that upon their cordially and effectually reuniting themselves as a government under the Crown of Great
Britain, they shall be considered by the same a separate province,
independent of and unconnected with every government in America,
and will be entitled to and shall enjoy every prerogative and
immunity 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 excepted, which must rest in the Crown.
In order the more effectually to remove every jealousy or the
part of the people of Vermont (industriously infused by designing
men into the minds of the ignorant) of Great Britain's wishing to'Probably referring to the letter of Oct. 1. See also letter of Oct. 2.




182               The fHadimrand Papers.
deprive them of their liberty and to curtail their interest by limiting 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 I 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 vizt: 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, 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 wAit th e King's Army.
Thus, it is hoped, terms so evidently huimane 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, destructive to the harmony and mutual affection
which, until its fatal commencement, constituted the happiness and
strength of both countries, alnd successfully defended their religion
and laws against the banefil influence of desmotism.
(Signed)                            Given, &c., F. H.
Hi.- Sir _enryt Clintoz too G-e'. caldcimcandl.
NEW YonK, October 2nd, 1781.
Sir:-I am honored with your letters Nos. 5 and 6, and agree
entirely with you that Vermnont should'declare immediately.
By letters of' the 16th and 17th ultinmo, rom Lord Cornwallis,
he acquaints me that the enemy's fleet, supposed to be 36 sail of
the line and one o0, are in the Chesapeak, and had landed about
3500 men to join Lafhyette, andc as Wasllington is gone thither
with those under Rochambeaud and 2000 rebel troops, Lord Cornwallis' situation is become alarming, which is rendered still more
so by the necessary delays of refitting our fleet, which is only 23
sail of the Line and 3 fifties.




Military Affairs.                183
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. If Lord Cornwallis
is relieved and the French fleet; quit the Chesapeak, operations
will go on in Chesapeak all winter.
General Washington to Colonel Royer Enos.,
CAMP BEFORE 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 satisfaction of the people of Vermont and those neighboring states, whereby the strength of a numerous body will be
thrown into the general scale, and the enemy disappointed in the
hope which they entertained of separation of interests. You will
be pleased to correspond with major-general Heath, who comr
mands the army at the northward. It will be necessary also for
you to keep a communication with brigadier Stark, who commands
at Saratoga and in that district.   I am, &c.,
G. WSASHINGTON.
General Starl to Jiajor- General Heath. - [Extract.]2
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 defensive.
October 11. General Stark directed colonel Gansevoort to
hasten all the troops, the enemy having passed lake George.3 This
was incorrect, but produced much alarm and activity in preparations for defense. On the 12th, general Schuyler wrote to Stark
that he had called on colonel Gansevoort, and sent expresses to
every quarter of the country to hasten on the militia. Majorgeneral Heath, on the same day, sent up a New Hampshire regiment of the Continental line.4
1Washington Letters, in State Department. 2 Memoir of Stark, 266.
Clinton Papers, 7No. 4060.  Memoir of Stark, 271.




184                The Haldimand Papers.
H. -Lord George Germaine to Gen. lHaldimand.
No. 92. Oct. 12th.
The Minister says-I am anxious that General Haldimand should
receive my dispatch that was intended to have gone by the CerbeIus, 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 conveyances 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."
October 15. In the midst of the general alarm just noted,
colonel Gansevoort reported to governor Clinton that colonel Van
Rensselaer had made a prisoner of a Mr. [Samuel] Fairbanks, a
private of his regiment, but who had been commissioned by Vermont as lieutenant-colonel.  This happened at Lansingburgh, over
which Vermont then claimed jurisdiction. The report stated that
Fairbanks escaped, and collected a party of men at the house of a
Mr. Douglas.  By order of Van Rensselaer, this house was surrounded, when the men in the house fired and wounded two men,
and escaped the back way, except one man, who is a prisoner.'
Col. Samuel Robinson, of Vermont Militia, to G-en. Stark.2
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 remainder. If your
honor cannot find the militia of Albany some other employment,
I shall march my regiment to that quarter, and try powder and
Clinton Papers, No. 4071.
Memoir, &c. of Starck, 275.




lSpeck cf W}ar in the Wes'Vt Un'on..      185
1)all with them, which I lhave as well as they. I pray your llonor
to check them if possible.
I am, dear general, your very humble servant,
lIonl. General Stearkc, Sara'toa.    SAM'L ROBINSON.
Gen. Sa/ford, (/f V ermont MilJlitia, to (i-en. Start'C
BPEN:NINGTON, October 17, 1781.'T BBrigadier General Star7k: Sir:- In consequence of your
request to me of the lth, I sent orders to the militia, now considered in this state, in the neighborhood of the New City [Lansingburgh.]  Lieutenant-colouel Fairbanks is present wit mle,
and informs that, in obedience to my orders, lie had mucstered a
number of men to march to your assistance on Sunday 1mor1nin1g.
Saturday evening, colonel Van Rensselaer caine with a party o'
men from Albany, and its vicinity, and took them prisoners, 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 Vani Rensselear designs, is best known to himself: but it has the appearance of preventing men going to defend the frontier at this critical
iomnent. 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 Verlmont,
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 le 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.
While the West Union wore this angry aspect, there was a suspicion of intended violence in the East. The general assembly
of Vermont had met on the 11thl at Charlestown, one of the New
Hampshire towns which had united witlh Vermont. At this post
colonel Reynolds was stationed with a New Hampshire regiment,
which on the 10th numbered four hundred men, but by maj. gen'l.
Heath's order of that date, two hundred had been directed to join
Stark, leaving that number to defend the north-eastern frontier.2'fMemoir of Stark, 277. 2 Scle, 267.
24




186                The Ilalddimand Papers.
It was suspected by the Vermonters that New Hampshire designed by this force to prevent the sitting of the assembly at Charlestown, whereupon'L the friends of Vermont advised the major [colonel,] 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.-'?
H. — Extracts: Proceedings of General Assembly in [qgrand]
Committee.
STATE OFP VERMONT, 
Charlestown, October 16, 1781. S
The Governor and Council having joined the General Assembly
in a committee of the whole to take into consideration the report
of the Hon'ble Jonas Fay, Ira Allen and Bezaleel Wooldward,
Esquires, who were appointed by the Legislature of this state
June last to repair to the American Congress with lowers to propose to and receive from them terms for an union of this with the
United States, &c.:His Excellency Thomas Chittenden, Esq., in the chair.
The said agents laid before the committee the several papers
exchanged between them and the committee of Congress.
The Committee then proceeded to the consideration of thle resolutions of Congress of the 20th of last August, and other papers
mentioned in the report of said agents, and after some time spent
thereon,
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 opinion of this committee, that the propositions
made by our agents] to the committee of Congress on the 1t8th 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 our honorable
agents for their good services in behalf of this state, in the business of their late mission to the Congress of the United States of
America.
This committee recommend to the Legislature, notwithstanding
the late resolution of the Honorable the Congress, that they remain firm in the principles on which the state of Vermont first
IT-t. Hist. Col., Vol., 436,




Action of the Legislature.            187
assumed government, and 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 Honorable the Congress and the world, do recommend to the Legislature to publish
the following articles which respect the admission of Vermont
into the Federal Union, viz:
Articles of Union with the respective Districts and the Legislature
of Vermont.
That no member of the Legislature shall give his vote or use
his influence that the independence of Vermont shall be submitted
to the arbitrament of any power. That whenever this state shall
become united with the American States, and there should then be
any disputes about boundary, she will then, as she ever proved
[proposed], submit to Congress, or such other tribunal as may be
mutually agreed on, the settlement of any such dispute;
And that the impartial world may be fully convinced of the
good and laudable disposition of Vermont, and her readiness to
comply with any reasonable proposals for the adjustment of the
disputes respecting boundary lines between this and the neighboring states of New Hampshire and New York, this committee further recommend to the Legislature that they make the following
proposals to the said states of New Hampshire and New York,
respectively, that
Whereas disputes have arisen between the states of New Haimpshire and Vermont relative to the jurisdictional boundary lines,
&c., the Legislature of the state of Vermont, being willing and
desirous to promote unity and good accord between the two states
respectively as far as in them lies, do propose to the Legislature
of the state of New Hampshire that all matters relating to the
aforesaid dispute shall be submitted to five or more judicious, unprejudiced persons, who shall be mutually agreed on and chosen
l-y a committee of [rthe] Legislature, on the part of each state
respectively, and that the states of New Hampshire and Vermont
do pledge each their faith to the other that the decision had by the
persons so elected, being made up in writing and by the chairman
delivered to the Secretaries of each state respectively, shall be
held sacredly binding on each of the said states of New Hampshire and Vermont forever. That an offer of the same tenor be
also made to the Legislature of the state of New York.
This committee further recommend to the Legislature that the
whole of the proceedings of this committee be officially transLmitted to Congress, after they are properly revised by a committee to
be appointed for that purpose, and that they be enclosed in a suitable letter under the signature of His Excellency the Governor
and directed to the President of Congress.




188                1The Italdimand Pap ers,,Resolved C, That this committee advise that the Legislature recomlmend to the authority in every part of the state that they
remain firm in the support of government and a punctual execution of the laws, notwithstanding tle various measures taken to
create divisions and discords.
ST''ATE OF VEMiONT, 
In General Assembly, October 19 1781. 
lThe foregoing report was read, and.Resoelved,'uaniloa.sly, That it be accepted.
Att.         Ros. HoPKiNS, Clerk.
In Council the same day readc and concurred.
ALt.           JOSEPH FAY, Sec'y.
Copy Ex.     Alt.    THOMAS TOLMAN, Dep'y S&ec'y I
Indorsed, t" Extracts of Vermont Affairs, No. 34."
Oct. 19. Lord Cornwallis surrendered his armny to gen. Waslington.
Oct. 22. IN GENESRAL ASSiMIBLY: A letter from Col. Salmuel
Fairbanks, directed to his excellency the governor, was laid before the house, informing that a party of men, under the colmmand
of Col. Van Rensselaer, had taken a number of men belonging to
the New City, &c., and had divided their party whilch had Imet,
and one parny taking the other party of men under his [meaning
Col. Fairbanks'] command, fired at each other sundry times, and
wounded three of their own party, &c.2
For the official record of proceedilngs of the Legisllature o' Velormonlt,
Oct. 16-19, 17S1, see Statte PaJer's, 160-12.
The flollowving wasl omitted in the copy sent to GC-e. Haldimandi'The Commissioners chosen for the above purpose, [to treat with
Commissioners of New T Hampl)lshibr and New York] —the Hon. Elislha
Payne, Jonas ay, Ira Allen u andI Peter Olcott, esquires, Daniel J'oncs,
esquire, colonel Gideon Warren, Phineas W thitesidle esquire, colonel Joseph Caldwell, and Ezra Styles, esquire.
R:.esolvced, That it 1e an instruction to tie said Commissiollers, that
tley prepare, and nmake the necessary defense in the premises, a.n tlhat
they introduce the said matters to rew IH-ampshire and N ew York,L in
such w'av as to them shall seem best.?'-St(ae P(pcers, 1.(-i.
2 Asscemblmy.jol,a 177a-1784, 4-,09. This seenms to mean that a New
York party wavms holding Fairbanlks in the house of Dougolas, and that itwas this Ne w York party that fired at thle othler New York party which
surrounded the house. By the report l o  gov. Clinto, tle iri'ing was
charged to a coimpany in t-le house under Fairbanks, wrlo escaped in tlhe
conifsion of their assailaints, one mllan excepted.




M'ilitary Affairs.                 189
Oct. 23. IN GENERAL ASSEMBLY: The committee appointed to
inquire of the treasurer how much paper currency there is now in
circulation, and how much there is in the treasury; and of the
land committee how much there is due for lands; and of the paymaster how much there is due to the soldiers, &c., brought in
their report, viz.:
Th-'t as nearly as can be ascertained, the amount of paper currency in circulation is ~21,300; that there is now due for lands
granted, ~6,835,1 which will be soon paid into the treasury; that
there is nine hundred men in service, who have received their pay
up to the first day of July, [and] that it will require ~10,000
pounds to complete their pay up to the first of December.2
Oct. 25. Gen. -Stark was informed by mtaj. gen. Heath that he
had requested maj. gen. Lord Sterling to take the command in
that department in case of emergency; but if the enemy did not
come in force, Stark was to remain in commaund.3
G-en. iinro.s to G-en. Star/7ec
EI-II)-QUA VItrT RS Castleton, October 26, 1781.
Dear Sir: —Captain Salisb) rv this instant returned as a scout
from the Mount [Indepeoenence,] whicl hel 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 caninon,     e., fom their boats. Behind the old Frenelh
lines appeared a large number of smokes, where it is supposed the
chief part of their army is quartered. Col. WTalbridge infornms
me, by express, that he has not as yet made any discovery from
lake George and that quarter. H-e has my directions, in case of
any important discoveries, to make immediate returns to you.
I am, sir, your most obed't h'bl serv't,
ROGERa ENOS.
Hon. Brigadier Sltar/c.
A second letter, same to samne, of the same (late, confirmed the
foregoing information, and added that it was supposed the enemy's
force amounted to nearly one thousand men.
First written';, and clhanglled to "3.'
2Assembly Journal, 1778-1784, 813, 1314.
" lfemoi7' of Star'k, 280.' Samte, 282.




190                The Haldiczmand Papers...-British (iommis.sioners to Gen. Ialcldimand.  Extracts
concerning Verrmont.
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
correct account he gives of the proceedings of the Assembly, serve
to convince me of his sincerity and loyal intentions, but I cannot
see anyiting in the enclosed papers to induce me to think, with
him, that t' 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.
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. GoCvernor, and their Lieutenant Governor and Council are of such men as favor a re-union;
but notwithstanding these flattering prospects, we do not choose
to selnd His Excellency's Proclamatioln lntil we are better able to
judge of the acceptance it will meet with. This we hope soon to
leamrn by pretty certain means we have taken for that purpose.
Colonel St. Leger has sent back one of theii scouts, takenl by surprise, with a deelaratiou sigLnilfTyin  his amicable intentions to
them. This was an idea of the Colonel s, and I think cannot fail
of having a good effect at tils time it thlat people have the remotest wish for a 1e-union.
As soon as I can learn lhat the Proclamation will not be despised, I shall send it, and wait as long as the weather will permit for an answer.
[ENC LOSU1E.]
(CoPY.)   Letter f-omi'         [Ira. Alet.]
I received yours of the i3'rd ultiImo, and marked iwell the contents. You are no doubt impatient waiting a return froim me, but
I must inform you that every lmatter has not operated as was expected; yet in confidence, and pt)rsuant to mly englagem;ent, I
transmit the lhead, of''facts, that you may lay the same before tile
General for his inforimation.
A few days bef)re the pliesent sessiou, thele was news fromn various quarters that Admiral De Grasse ihd arrived at Chesapeake
with 28 Shins of the Line and  OO land forces, exclusive of the
fleet at Rhode Island, which it is said are gone to Clharlestown to
act in coijulnction with General G['een. That Admiral De Grasse
and the English fleet had had a severe engagement, in which the




Ira Allen to the British Covmmis.sioners.     191
English were defeated, and the accounts appear to me so exaggeratecd that I shall not pretend to give you 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' retreat.  General Washington, with a division of his allied
Army, has joined the Marquis, who commanded in Virginia, and
some report that Lord Cornwallis with his Army are prisoners.
These accounts, wheth.er true or false, have their effect on the
people.
By the enclosed list of the officers of governmlent for the present
year, and by the mark of the number of' new ones, you will see
there has been a great change, whrich in many instances I find favorable; but these matters are so deiicate, and so niany strang:ers,
I have not sounded tlhem all yet. It is to be observed there are
spies from the other states watching our motions. B1y the enclosed
extracts of the proceedings of the committee of b th Houses, you
will see how we have dispensed with the resolutions of Congress.1
The proposals to settle  ith the Iei-gh boring states we view in
present circumstances a. polite vay of closing the treaty witlh
Congress, and which will teend much to strengthen internal connections. The reee but two dissenting votes iii the whole. It
is with regret I am necessitated to request that you do Inot send
the proposed proclamation at this time, as the before recited southern accounts seem to forbid it for tle preselt, yet the time will
come when they will answer the desioni inteniled. There is an
account of Adcmiral Digby's arrival at New York, and that le hias
only three ships of' the line., hoiwever, expect more favorable
neNs from the southward soon. M1ovem1en1ts in tlhese parts but too
much depend on success to the south, as this people do not feel
themselves able to oppose the Tworld, Twhich lmakes it hard and
somewhat dangerous making the first public miove, and to publish
these matters before they are fully ripe, might at least en.cdanger
the whole system so well calculated for the happiness of this people, and on which I have placed my amboition. You miay 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
he invaded to rouse that spirit which there has been so much
pains taken to lay, these matters may yet crownl our most sanguine
expectations. In full conficlence of this, I submit the whole matter to those whose right it is to determine. I am, &c.,
Antte, 186-188.




192                The LffcdlianCdl Papersq
JH.- Si~r Henry Clinton to G(enerci)rl JIildniTh(. d.
INTELLIGENNCE.   27t ll October, [1781.]
As for affairs at Cornwallis' arnmy yu 1must not )nt e offended if I
tell you I cannot give you any satisfactory accounts. Those I
have received are such as induce me to believe His Lorcdship is
very much crowded on every side. hlow it will turn out Lord only knows. A short time will determine the point.
As to the disposition of the Vermonters it is almost as difficult
to satisfy you about them as it is about Lord Coruwallis for their
minds will be actuated entirely by the southern affair. But if
the leading men in Vermont should agree to anyrr tling that favored Canada I am perfectly satisfied the populace would oppose it.
I was favored with your letter of the 19th of' July by the Matross
of the artillery.
There are now no hopes of recovering the army of the convention by exchange, the rebels having had nothing in view by the
negociation they proposed for that purpose but to still the clamors
of their own officers prisoners with us. I am disappointed in my
expectations of a re-inforcement from the West Indies. Howevelr
I sent you three regiments, one of which was British, which, had
they arrived, would, with the G650 recruits and aurtillery 1fom0
Europe, have amounted to rather more than youl delmand. They
sailed unlder convoy of thle IReniown, but unforttunately 1net; with a
violent storum which dispersed the fleet and damaged the ships.
The Renown hias since returned here with seven companies and
some convalescents of the 44th, and some part of the regiment of
Lonisburg, but the whole of the regiment of Knyphiausen and the
remainder of the British are Imissing.
From thle present situation of affairs Georgia will be exposed
to great danger unless South Carolina is reduced. Having therefore no alternative left, I shall detach a considerable armament
for that purpose. I hope your Indians will be prevailed upon to
threaten the frontiers of Niagara in great force, which will operate in favor of tlhe southern move, while a considerable fleet may
probably be employed to co-operate in the Chesapeake.
I have received your dispatches by the Defiance.
Oct. 27. Col. Walbridge wrote to gen. Stark, detailing.information received from a deserter, that gen. St. Leger arrived at
Ticonderoga on the 25th, witlh four gun-boats, two ammunitionboats, thirty batteaux, a number of shipping, and two thousand
men. Ten batteaux and one whale-boat were taken over to lake
George.




Death of Sergeant Tt.pper.             193
Oct. 29. Lord Stirling, at Albany, wrote to Heath that he and
Schuyler were to visit 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 [Enos] 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. Walbridge 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 Tupper, 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.
St. Leger gave an honorable burial to the body of the unfortunate
sergeant, and sent his clothing, with an open letter expressing his
regret, to gen. Enos. Information of this event was sent by express to gov. Chittenden, at Charlestown, and it was received
about the time of the final adjournment of the general assembly
on the 28th, together with letters connected with the pending negotiation. While the bearer of the letters was proclaiming the
death of sergeant Tupper to an excited crowd, the letters were
duly prepared by Nathaniel Chipman, under the direction of the
Board of War, by omitting all matter designed to be kept secret,
and were then read to the council and assembly. This ruse was
not a little aided by a spirited by-play, in which Ira Allen of Vermont and maj. [colonel] Reynolds of New Hampshire were parties.'
1 Ira Allen, Vt. Hist. Coll., vol.., 436-438. Early History, 369-371, 377.
Life of (Nathaniel) GChipmant, 37, 38.
25




194                The Haldimancd Papers.
The only act of the general assembly-Oct. 11-28-touching
the war, was an act for the purpose of procuring provision for
the troops, to be employed in the service of this state, for the year
ensuing.I
II. - G-en. James Robertson to G(en. IfaiClimand.
October 31, 1781.
Dear Sir:-Thanks for the furs, your letters and the great
pleasure I have in being continued in your friendship.
Sir Henry Clinton with about 6000 men went on board a fleet
of 25 sail of the line, to try to relieve Lord Cornwallis. H-e 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 their arrival will consider and answer the letters about Verimont. 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 event 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."
1781.   A citizen of Calmbridge [in the West Union] suogestNovember. ed to governor Clinton an association to resist the
Vermonters.2
H. - EXTRACTS CONCERNING VERMONT.
Col. St. Leger to G-en. Icalcdimand.
(CoPY.)   1781.              TICONDEROGA, 2d November.
My letter to Mr. Chittenden had the desired effect upon the
minds of the people.3 The most inflamed rebels begin to reason
coolly and attend to the voice of the more moderate, while the well
wishers of Government took great pains to give it as extensive a
currency as possible, with their own comments.
H. — British Commnissioners to Gen. ctCldimiand.
TYcoN'A, 2d Nov.
Sending back the prisoners with the letter from colonel St.
1 State Papers, 440. 2 Clinton Papers, Io. 4124.
8Letter of 27th October, noticed by British Conimmissioners, p. 190.




Military Matters.                  195
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 Castletown, Pittsford and Skeenesborough 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 intelligence that can be obtained, it appears that nothing more can be done with Vermont to -any effect
until it is known how mlatters turn at Chesapeake, as the attention
of these people seems anxiously fixed upon that quarter. I cannot
but flatter myself that N. Y. and Vermont will soon be at war
with each other.'  I am certain their former enmity 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.
Inclosed I send you a few articles of intelligence just received
from a friend on whoml I can depend.
In the I-aldimand Papers, the succeeding letter, apparently referred to above, is marked l Intelligence,"? but it was a letter from
Sir Henry Clinton to Gen. Haldimand, Oct. 27, 1781, given ante
192. 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.
G-en. Enos to Gen. Stark.2
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. I am
extremely sorry and much disappointed that you did not furnish
me with the number of cartridges required. As the Hampshire
forces are destitute of ammlunition, 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,3 and shall immediately send a scout to that place, for intelliOn page 132 are extracts of a letter charged to " Dr. Smith," which the
editor conject'res meant George Smith, (or Smythe, as Ira Allen wrote it,)
a citizen of Albany, a tory, and one of Haldimand's commissioners. It
was evidently written to inflame governor Clinton against the Aliens,
and so far it is in harmony with the wish above expressed. He understood the significance of the " Sth May."
Miemoir of -Starct 284.
Probably in honor of the capture of Cornwallis and his armly.




196                The Haldimcand Papers.
gence. If no discovery of the enemy be imacd, I shall be under
the necessity of returning to Castleton.
I am, dear Sir, your obedlient servant,  RoEin EPi Oo
Hon. Brigadier Gen. Stark.
Nov. 3. Lord Stirling wrote from Saratoga to maj. I l. -n. Hath
that there was no appearance of an enemy that side thle na'rrows
of lake George, aud but a few at Ticonderoga. It eing the
opinion of Stark, Schuyler, and others, that there was no lhongLer
any necessity for the militia, they were discharged.  -1he sia  to
gov. Clinton.'
Col. St. Leger had at this time received intelligence of tle 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 letter2
was delivered 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.3
Nov. 5. While the Vermont m-ilitia were retiring from the
western and northern frontiers to rejoice in the comforts of peaceful homes, the adherents to New York in the south-eastern part
of Vermont were fomenting new troubles 
On the 5th of November 1781, Seth Smith, Elijah Prouty, Daniel Shepardson, and Hezekiah Stowell intbrmied governor Clinton,
by letter, of their disapprobation of the " present basis of government" as established in Vermont, and of the threatenings with
which they had been menaced by the people of that state. They
further declared, that;; vast numbers" still held to the state of
New York and to the authority of congress, but were constrained
to suppress their sentiments from regard to personal safety. In
Clinton Papers, No. 4125.
2 Called "6 Mr. A —-s letter" by the British Commissioners-ante 190.
3Hist. Collect., Vol. i, 438.




Stark to Chittenden on the Death of Tapper.     197
proof of these statements, they referred the governor to lieutenant
Israel Smith, the bearer of the letter.i
G-eneral StaCrk to Governor Chittelcdeen.
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 general 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 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, whichI the British comnmanding officer is said to have written
to you upon the occasion. This will be returned you by a safe
hand, and a copy transmitted to congress.
Tihe report, as brought to me, is that, upon -the party's arrival
at Ticonderoga, the British officer expressed great displeasure
that the- citizens of Vermont had been disturbed; that he sent for
the corpse of the deceased sergeant, caused it to be interred with
military honors, and then dismissed the captured party with what
liquor and provisions they chose to carry away, 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 Amiericans that the Vermonters are
friendly to them, or that they really have some encouragement from
some people in Vermont.' Easte)n V emolnt:'414. Clirto, P)p erss, NIo. 4129. This letter having
colle o  e to te knowlede of the Vermont authorities, SetlI Smlith was indicted, ait YWIiildhln county courtL' Deceimbeor 1781, for ": conspiring and
attempting an invasion, insulrection, ctd public 1rebellion" against Vermonlt and for "aLttemptilng the al-teration and subversionl of its "frame
of government by endeavoring the betraying tihe a he sa into thlle hands of
a foreign power —to wit, xew York. These grave charges so frightened Smith that, to use his own phrase,' hle was obliged to appear to depart," and find shelter under the wings of governor Clinton.- Eastern
Vermont, 414-419.




198                The Haldimand Papers.
That the principal portion of the people of Vermont are zealously attached to the American cause, no honest man can doubt;
but that, like every other state, it contains its proportion of lurking traitors, is a reasonable 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 are 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
glorious event which has placed another British army in our power,
which was announced on the third instant by a discharge of fourteen cannon,' and yesterday by that of a like number of platoons,
in honor of the United States of America.
I am, Sir, respectfully, your humble servant,
JOHN STARK.2
General Orders by Major- Genercal Ieath. — [Extract.]
HEADQUARTERS, Continental Village, }
November 9, 1781.
The general has the pleasure of acquainting the army that the
enemy have been completely disappointed il their designs on the
northern frontiers of this state, in consequence of the mleasures
adopted to receive them in the vicinity of the lakes, in which the
general is much indebted to major-general lord Stirling, brigadiergeneral 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
H. -Sir Henry Clinton to Geen. ialdimand.
NEW YORK, Nov. 6 [or 12], 1781.
Sir:-I received your several dispatches by His Majesty's ship
Garland, and as there was a Packet upon *the point of saili-ng 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
Note by editor of 3iMemoiro of Sta'rkc. -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, 285. 3 Same, 290.




Governor Chittenden to General Washington.      199
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 commissioners extend only to granting pardons and
restoring provinces or districts to the King's Peace, and this alone
is the reason of my sending to the Secretary of State these transactions, and I hope you will find no difficulty in preventing our
enemies fiom practicing upon the jealousies of the inhabitants of
Vermont before the result of the public deliberation can be transmitted.
P. S. General Arnold says, Monsieur du-Calvert, Pere Floquet, Messieurs Hay, Cord, Freeman and Watts were friends to the
Rebels.
Indorsed: " Sir Henry Clinton to General Haldimand, 12th
November, 1781.   Sent overland per               dispatched
the
G-ov. Chittenden to Gen. WTshington.'
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 on 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
in 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,
1Correspondence of the Revolution, Letters to Washington, Vol. IIT, 440.
Early History, 500-503. Life of Chipnman, 384.




200                The Iraldimand Papers.
employed by Major-Gen. Lincoln, by your excellency's particular
direction, 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 state had adopted for
her security, which I make no doubt have by him been delivered to
your excellency; 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 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 aspersions 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 iMassachusetts, who have severally laid claims in part or in whole, to this state, and who have
used every art which they could 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 principles 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 commissaries 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 evacuated 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 deposited till fur



Governor Chittenden to feneral Washingtono      201
ther 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 inclosed in a letter undier his signature; which he did, in
hopes that congress would admit Vermont into the Union; but
they had not the desired effect.
In the fall of the year 1780, the British made a descent up the
Lake Chamnplain, and captured the Forts George and Anne, and
appeared in force on the lake. This occasioned the militia of this
state, most generally, 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 GenI. 1aldimand, on the subject of an exchange of prisoners. The flag delivered a letter to Gen. Allen,
fromn 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 commissioners on the subject of their mission, during which
time they were interchangeably entertained with politics, which
1This would be admitted a's strong record evidence against the theory
on pages 62-66, but for the ecitors conviction that IRA ALLEN was the
author of the letter to Washington of November 14 1781. The Council,
of which Allen was a member, held a special session on that day, and the
style of the letter is unmistakably Allen's. Compare this letter with Allen's statement of the same events in his history, and particularly with
Allen's letter to colonel Lee, written on the 8th of December, 1781, and
the defense of the East and West Unions. This must have been written
about the samne time, since it was printed at IHartford, Conn., in January 1782. Striking resemblances will be found,.not only in grammatical
construction and in sentences of the letters to Washington and Lee, but
in entire paragraphs of the Washington letter and the Defense. Ethan
was of the commitee on the Defense, but Ethan and Ira were co-workers.
-See Ipost.
26




202               The tfaldcimand Papers.
they treated in an affable manner, as I have been told. But no
cartel was settled, and the campaign 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 letters were therefore sent from the supreme executive authority of this state to the claiming states before mentioned, demanding of them to relinquish 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 Connecticut and Rhode Island. Each of these
letters stated the extreme circumstances of this state, and implored
their aid and alliance, giving them withal to understand, that it
was out of the power of this state, to lay in magaizines, and support a body of men, sufficient to defend this state a iainst 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 C;,peared to be
the more unjustifiable, that the state of Vermont hould 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 seige
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 revolution, 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
independence 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




Governor Chittenden to General Wt1shington.    203
that Massachusetts 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 subdivide 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
extension of their claim of jurisdiction upon the states of New
Hampshire and New York, as well to quiet some of their own internal divisions occasioned 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 westward to Hudson's river; but, in the articles of Union, referred the determination of
the boundary lines of Vermont, and the respective claiming states,
to the final deceision of congress, or such other tribunal as might
be mutually agreed on by the contending governments.' These
were the principal political movements of the last winter.
The last campaign opening with a gloomy aspect to discerning
citizens 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
necessity obliged him to humor, in that easy manner that might
save the interest of this state in its extreme critical situation, and
that its consequences might not be injurious to the United States.
The plan succeeded, the frontiers of this state were not invaded;
and Lord George Germaine's letter wrought upon congress and
1As Vermont utterly refused to submit the question of her independence to congress, she really hadc nothing to submit, under the resolution of Oct. 2, 1779, until the East and West Unions had been effected.
By these, questions of boundary were createc, which Vermont was willing to refer to congress.




204                The IlHldimand Pap}ers.
procured that from them, which the public virtue of thiis people
could not.
In the mouth of July last, Maij. Joseph Fay was seolt 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 an-ld Maj. Fay
had a conference with the British commlissioners. 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 ianoeuvred
out of their expedition, and are retlrned into vwnter 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 they came, an:ud 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 thanl the gentlemen of this state, and him who has the honor to subscribe himself your excellency's devoted and
Most 1humble servant,
THOMjAS CHITTENDEN.
Governor CUhttienden to GC-eitenralc,Acts/c
ARILIN(TON, NToveiber 4th, 1781.
Dear (General:- Your kind favor of the 5th inst. was received
on the 10th, bu;t 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 ir
regard to the slain sergeant of t1he-Vermont militia, and the return of the party with him, whlo were discharged by the British
officer commanding, I have thought it my duty to transmit to his
excellency, general Washington, togetller with every other public
movement in this vicinity, that in any mianner relates to the welfare of the independent states of PAmierica. lThis I doubLt 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 Cornwallis and his army. A like day will probably
be observed in this state on the same occasion.
I am, dear general,
Your most obedient, hulmble servant,
Brigadier-general Stark.             THos. CHITTENDEN.




Protest of New Yorvk.                205
Proceedings of the Legislature of New York.
Nov. 15-19. The Senate and Assembly of New York adopted
a series of resolutions, setting forth elaborately the claim of New
York to Vermont, and the pledges and obligations to New York
of Congress; and further and specially complaining that Vermont
had not only reblled against the authority of New York within
the territory originally claimed, but, in contempt of Congress,
had set up jurisdiction over a part of the ancient limits of New
York. The document entire may be found in Vermont State
Papers, pages 163-166. The following is the part relating particularly to the then policy of Vermont:
The revolted inhabitants of the said district having arbitrarily
erected themselves into a separate and independent state, unrecognized as such, until this day, by this state, or the other United
States, anld, havina g firamled a govermnent, they have passed laws,
granted lands, and exercised civil and military authority over the
persons and prope rty of those inhabitants, who profess themselves
to be suljects of this state, in manifest subversion of the right of
sovereignty and property of this state, and in direct contempt and
infringemaent of several acts of Congress: that, although 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
timle, notwithstanding the censure and prohibition of Congress,
and in contempt of their recommendatian and authority, by an act
of their uisrped governmentl they extended a jurisdictional claim
over all tlhe lands situate north of the north line of the state of
Massachulsetts and extending the same to Hudson's river, then
east of nte centre of the deepest channel of said river, to the head
thereof, i'omi thence east of a north line, being extended to latiitude forty five legrees, 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 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 apprised, and though repeatedly
solicited thereto, by the delegates of this state, have not, hitherto,
made any deeision and determination of the said controversy, according to equity, as by their said act of the twenty-fourth day of
September, one thousand sevenr hundred and seventy-nine, they
pledged themselves, and by the law of this state they were authorisec to do: that, to put an end to this delay, so injurious to the
jurisdiction of this state, so subversive of its interests, peace and




206                The Haldimand Pctaers
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 require the people inhabiting the said grants to desist, until
the decision and determination of Congress in the premises, they
have actually presumed to exercise sovereign authority and jurisdiction, to the full extent of their said jurisdictional clairm, by appointing civil and- military officers, making levies of men and
money, rescuing delinquents from the hands of justice of this state,
at the expense of the blood and the loss of the life of one of the
subjects of this state, in the execution of his lawful duty, and forbidding the oficers 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 thousand seven hundrec and eighty-one, purporting to be under the seal of the said pretended state, signed by
Thomas Chittenden, who stiles himself 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 agreeably to the laws and customs thereof, in the several
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 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 active 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 exzpedience, as
it is expressed in a letter from his Excellency the President of
Congress, to his Excellency 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




Protest of New York.                 207
member thereof, and to erect such dismemberment, possessed by
the revolted subjects of this state, into an independent state, and,
as such, to admit them into the foederal union of these United
States; especially as the two last mentioned acts seem to express
the sense of Congress, 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 intermeddle 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 execution 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 letter and spirit of the second,
third, ninth and eleventh articles of the confederation, and a manifest infraction of the same; and do, therefore, hereby solemnly
protest against the same.
H.- Gen. Haldirnand to Sir Henry Clinton.
(COPY.)                      QUEBEC, November 15th, 1781.
Sir:-I have requested Capt. Inglis, commander of H. M. ship
Pandora (on a cruise to the southward), to deliver to Your Excellency this 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 No.
77, to your Excellency of the 7th of last February, which by




208               The Haldimnand Papers.
some strange fatality fell into the enemy's hands. It is easy to
imagine the aclvantage that might be taken of this circumstance by
an artful people who are acquainted fromi such good authority with
the consequence of which they are considered in the political scale.
Enclosed are extracts, &c., lately received faom my agelts for
that business. By these you will perceive they have not found
the minds of the people sufficiently prepared to receive the Proclamation eventually to be issued, thoughl no change has appeared
in the favorable dispositions of the leading men w1ho profess their
wishes for a re-union. The interests of these people so much dcepend upon the turn affairs vill take in the Chesapeakee 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 veell disposed.,
ultimately declare themselves, should that event prove favorable,
but not till then. 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 opein a field for future consideration; but if unfortunately the contrary should happen, adieu to
all hopes of negotiation, for the populace, already enthusiastic,
will neuer be gained by persuasion.   The season. being so far advanced, I every day look for thle return of the detach-mrents from
the frontiers. My anxiety to learn the situation of aftairs to tile
southward induced me to dispatch a messeng'er to your Excellency
overland. He left this yesterday, and will I hope arrive safe. I
shall anxiously wait his return, thl o I have every day hopes of
being honored with a dispatch 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 muchl that whole settlemenets have been
removed at a time across the N. River, owing to the imprudence
of recruiting parties of the corps of loyalistfs, and discoveries by
emissaries, and the desertion of rebel prisoners enlarged upon
parole. This will make our intercourse still less fiequent than it
is, and I have to request youc Excellency, should you have any
matter of import to communicate to ime that you will send duplicates by way of Niagara, or t tso trike upon Carleton Island, for
thoe more tedioues, it is at present the most certain routIe.
Herewith enclosed a duplicate of a cypher whicha  I had the
honor to propose to your Excellency by the CGarland Frigate.
The trade fleet and victualling transports, under convoy of the
Dedalus, Brune, and Hind Frigates, sailed from hence thle 25th
ulto. and have been put back twice by adverse winds to the Island
of Bie, where they now are.
(Signed)              FREDERICK HALDIMIAND.
Sir Henry Clinton.




Collisions in the acst and West Unions.      209
Indorsedl: " Copy General Haldimand to Sir Henry Clinton,
Quebec, 15th November, 1781."            " 48."
General Stark, at Saratoga, to lfIiajor- General Heath. - [Abstract
and extracts.]
November 29. No wood to be had without going one mile and a
half for it. Materials for clothing are to be sent, but " there is
but one tailor in the New Hampshire line, and he a drunken rascal, that could hardly be compelled to make three coats in a winter."  Cannot find a man in the district who knows where forage
is to be obtained fr or horses.  I cannot sufficiently admire the
magnanimous conduct of our soldiers. They certainly put knight
errantry out of countenance; and all those whimsical tales, which
are generally supposed to have existed nowhere but in the brains
of chimerical authors, seem realized in them. But I fear that
this virtue will not last forever; and, indeed, it is my opinion that
nothing but their too wretched situation prevents an insurrection."
He desired leave of absence to visit New Hampshire.I
Collisions in the East and West Unions.
1781.   During the month of December, civil war was threatDecember. eled in both the East and West Unions, and actual collisions occurred in the latter, growing out of the seizure
of lieutenant-colonel Fairbanks by New Yorkers.   The contemperaneous action in both sections for a time seriously impressed
the governor and council with a suspicion that there had been an
agreement between New Hampshire and New York against Vermont;2 nevertheless, measures were promptly taken to maintain
the jurisdiction and authority of the state in both quarters.
December 4. Colonel J. Van Rensselaer, at St. Coick, wrote
to general Gansevoort that he [Van Rensselaer] had been taken
prisoner, by adherents to Vermont in the West Union, and carried
to Bennington, with others, who were treated with contempt on
the way " by a body of ruffians;" but they were treated by the
authorities of Vermont like gentlemen, and discharged, and told
they might go home about their business. On the 3d another
gentleman had been in like manner arrested, but had been res1Memzoir of Stark, 293. 2 TVt. Hist. (Col., Vol. I, 443.
27




210                The Haldimand Paperso
cued while on the way to Bennington.  The colonel intended to
defend himself and the authority of New York.I
December 8.   General Stark directed colonel Yates not to begin
hostilities with the Vermonters, but to stand on the defensive till
reinforced.2
Colonel Ira Allen to Colonel ITomnas Lee.3
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 Connecticut 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 thi, 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 1which 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.
It is further to be observed, that if this state are left to support
themselves 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.4 Should anything
1 Clinton Papers, No. 4161. Colonel Van Rensselaer had been in his
turn arrested by reason of his seizure of lieutenant-colonel Fairbanks.
2 Clinton Paopers, No. 4206. 3 ls. Recorcd of Board of War, 27.
4The editor is not aware of any " tour " into Cumberland county previous to Ira Allen's and Isaac Tichenor's in 1782. April 25, 1781, the
governor and council sent " four persons to take a tour into the new territory lately claimed by the state of Vermont, adjoining to and lying east
of Hudson's river, to learn the sense of the people relative to joining this
state." It is possible that agents were also sent at that time into Cumberland county, or that Allen really alluded to this tour to the western
territory. - Council Journal, 1781 to 1784, 4.




Collisions in the East and West Unions.      211
of that kind be necessary, it is expected by the governor, 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.
Gov. Clinton to Brig. Gens. Van Rensselaer and Gansevoort.[Extracts.]
Dec. 11. Having enclosed papers already noted, gov. Clinton
wrote:
I have therefore to request that you will, on his [Gansevoort's]
application, afford 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
authority 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 effectual.'
Dec. 12. No. 4216 of the Clinton Papers is an affidavit by
Bezaleel Phelps, that he had been admitted into the council of
gen. Safford, Moses Robinson, and others, at Bennington, and the
result was a determination 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, and punish them by Vermont laws.
On the same day, colonel Yates, at St. Coick, wrote to general
Gansevoort 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 secured in a block-house. He
wanted a field-piece and artillerymen for defense.2
1 Clinton Papers, Nos. 4213 and 4217. 2 Same, No. 4219.




212                The Haldimand Papers.
Geeneral Stark to Micjor- General _Heath. - [Extract.]'
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, undcer the direction of a captain
Abbott, assaulted a public house at Hoosac, seized upon colonel
Reisselaer 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 atithority 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, represented 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 motions of the
Yorkers, and immediately collected their forces within 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 ucndlred strong, and the Vermonters about two hundred do. What I mean by Vermonters is
those acting under Vermont within the twenty-mile line; for 1
cannot learn that any have joined them belonginy to old Vermont.
The last statement was true. Ira Allen stated that the force,
arrayed at this time against the New York force, was " the militia of the [West] Union " collected by col. Abbott. Gov. Chittenden had endeavored in writing to reconcile both parties, and
had sent gen. Safford and col. Walbridge, who succeeded in quieting the parties somewhat, bu-t could not effect any accommodation.  Ira Allen was then sent. I-e 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
1Memoir of Stcar, 296.




Collisions in the East and West Unions.       213
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 overawing the New
Yorkers) to restore tranquility without bloodshed.' The plan,"
said Allen,' was adopted; and while the governor was making
out his orders, directing col. Allen, with a detachment of militia,
to prosecute said plan, an express arrived from William Page,
esq., [of Charlestown, now in N. H.,] sheriff of the county of
Washington, announcing the prospects of hostilities in the East
Union, from New Hampshire."'
The letter of sheriff Page was written on the 9th of December,
and received by governor Chittenden on the 14th. Colonel Enoch
Hale, sheriff of Cheshire county, had been ordered by president
Weare, of New Hampshire, to enforce the authority of that state
in Washington county. William Page, sheriff by the authority
of' Vermont, arrested colonel Hale and coummemitted him to jail in
Charlestown, from which the following letter was sent:
Colonel Enoch Biale to Aiieslhec7c TVecare.
CHARLESTOWN GOAL, December 12th, 1781.
I have to inform your honors that I wait the pleasure of the
honorable Committee of Safety, whom, I trust, well know myl 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
Vt. Hist. Coil., Vol. i, 442, 443.
From Msl. Archives of N~ezw Hampshire, published in the 1Burlington
Free Press clnd Timnes, iMarch 4, 1871. The following memoranda are in
Ethcan Allen Pcapers, 376: "Proceedings tith colonel Hale, order of the
Committee of Safety, New Hampshire. Proceedings General Court New
I-ampshire, respecting Coarsive movements, &c. December and January 1781." [December 1781, January 1782.] Colonel Hale was doubly
unfortunate: Vol. VIII of the Stevens Papers contained a letter from him
[1782] in which he stated he had been taken prisoner by wooten, and taken
to Walpole!




214               The Haldimand Papers.
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 I refused to recognize
[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 panicstruck 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
especially 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.
HIonorable lesheek Weare, Esq., President, ce.
Letter and Orders of Gov. Clittenden to 1Acj. C-en. Elisha Payne.'
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 governmnent of New H-ampshire
are about taking coercive measures to compel the peaceable citizens of this state to submit 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 knowledge 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 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
1Fromn fss. Archtives of TN. H., published in the Btr'lington Free Press
anc Times, March 4, 1871.




Collisions in the East and West Unions.     215
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,
TH'OMAS CHITTENDEN, Capt1. CGeneral.
Elisha Payne, Esq., Major- General.
N. B. Provided a force from New Hampshire precipitate any
measure, you must act with that expedition which their manecuvers may require, with such counsel as you can in haste collect.
T. C.
A true copy.
Attest,       WILLIAM PAGE, Sher'if.
Geeneral Stark to Colonel Yates.'
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 property, together with positive assurances that his
adherents shall remain in peaceable and quiet possession of their
estates, and that their persons shall be preserved fron indignities
and insults until congress shall determine the jurisdictional boundaries - till then, I 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
preliminaries are agreed to and ratified by responsible men on the
part of Vermont, 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.
Gen. Stark to Mesheche Ware.2
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
1 Memoir of Stcrk, 300. 2 Same, 301.




216               The Hcadimandc c Papers.
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 iunder 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 Capt. Fogg, who will have the
honor of delivering this.
I 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 of the United States, and find that they have not
only rejected the resolutions 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 commnittee 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. H-owever, 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.
Gov. Ct7ttenden to Gen. Starek.
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 Bennington, as soon as may be; at which time they
will doubtless consult such measures as may tend to the peace and
tranquility of this state and the United States.
1 emoir of Starck, 302. No reply froml Stark to this letter is to be
found in the Mtaemoirs of Stac7lc but No. 4269 of the Clinton Papers covers
several letters of this period, and amlong them are two fiom Gen. Stark,
urging peace and proposing terms.




(7ollisions in the East and West Unionis.     217
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 jzurisdiction or laqw over any person
or persons who profess them selves subjects of TNev York, dquring
that time.  I am, sir, with sentiments of esteem, your most obed't
and most hbl. serv't,                 THOMIAS CHITTENDEN.
Col. John Abbott to Lieut. Col. H[eenry Van Rensselaer.I
Dec. 16. Sir -I have this minute received orders fiom 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, (Jolonel.
Dec. 16, 1781.
Lt. (ol. Henry V. Rensselaer.
Dec. 17. Col. H. Van Rensselaer wrote to Gen, Safford, as
appears from the following reply, written by the officer in command of the Vermont party 
Yol. Eb'r Walbridge to (Col. H. Vacn Rensselaer.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 suljects 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 consideration, and request your
immediate answer, viz.:
1. That you release all the prisoners who are in your custody,
belonging to the 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 respectively, professing to owe allegiance to New York and Vermont, shall rest
quiet and unmolested in their persons and properties until the disClinton Papers, No. 4225. 2 Samze, No. 4230.
28




218                The Haldinmand Pcapers.
pute shall finally be adjusted by congress, or such other tribunal
as shall be mutually agreed on by the contending powers.
I am, &c.,
E. WALBRIDGE, Col. in command.
Col. Henry Van Rensselaer.
The overpowering force from " old Vermont," suggested by
Ira Allen, was now approaching, and gen. Gansevoort had learned
that fact.
Gen., (Gansevoort to Col. Walbridge. - [Abstract.]'
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 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.
Col. Walbridge, at Bennington, to Gen. 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 claimling to be under Vermont, that state will cease to
do the same over men professing allegiance 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 answerable for the consequenceso
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
Williams, Vol. II 224. Ira Allen, in Yt. His. Coll., Vol. i, 443. Clinton Papers, No. 4238,
Williams, Vol. II., 224. Ira Allen in Ft. His. Coll., Vol. I., 444. Clinton Papers, No. 4246.




Collisions in the East andc West Unions.       219
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 fieldpieces. 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. Gansevoort 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 bnt 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 retirec 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.' Calls had been made upon four regillents, 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.
Van Vechten's regiment, only himself, a few officers and one private could be brought into the field.  Under these discouraging
circumstances, the general was compelled to relinquish the expedition, and the insurgents remained the victors, to the no small
terror of those of the inhabitants who were well disposed [to New
York] inasmuch as they were apprelensive of being taken prisoners and carried away, as had been the case with others, should
they refuse taking the oath of allegiance to the government of
Vermont.2
1This seems to ignore Gansevoort's letter to Walbridge of the 18th,
and Walbridge's reply of the 19th of Decemuber.
2 Wi. L. Stone's Life of Brcat, Vol. II, 205-07. Early Hiistory, 379-380.
Ira Allen, ill Vt. tist. Coll., Vol. I., 444. It is remarkable that EtianT
Allen is no where named in connection with the Ipromlisel fight with Nwew
York. Nobody, certainly, could have entered ilnto that business with a
sharper appetite; and iHE WAS THERP.  In his account against tle state,
settled in 1785, and recorded in Ethan Allen Papers, 407-408, are the following items:
To my attending on the Militia at the Siege of Vallumcock the
last  of  D eer.  1781............... -................... -   10s.
To Cash paid for my Expenses and for the,Militia at the same
time.......................................- -..9  2s.9




220                The ITaldimcan  Pacpers.
Dec. 17. In congress, a letter from presildet Weane of New
Hampshire, dated Dec. 4, 1781, containing information as to the
trouble with Vermonit, was read and referred to a coilmittee of
five delegates, of whom Mr. [Daniel] Carroll of' aryland was
chairman.I
About the same time, papers on the trouble in the West Union
were also referred. Jan. 7, 1782, this committee reported, and
after debate the matter was referred on the 14th to anotiher committee, which reported on the 25th, and on the 28th the s.iame Imatters were referred to a committee of one delegate from each state.
Sarlmuel Livermore, in Congress, to Presicdent f iearo.2
PHILADA, Deer. 18th, 1781.
Dear Sir:-I received yours of the 4th instant, wNith the papers inclosed, which I this day laid before Congress (except those
which contain the mancoeivers of Vermont asselmbly at Charlestown, which Congress were already possessed of). Congress appointed a committee of five to take them into consideration and
report. Every member of Congress but one appeared in our
favour and against Vermont, as far as I cotld judge. Nevertheless I do not pretend to predict the measures that will be taken.
The labouring oar I think is on Congress to support their own
honor, dignity and authority. I wish to keep it so. I shall farther advise of what may turn up.
I am, with great esteelm,
Your most ob't servant,
SA-MUEL LIVERMIORn E.
ion. Presicdent Weare.
President Wheelock is here, and professes to have no hand in
politics, but is trying to get contributions for his Indian school, &c.
The resolutions of Vermont were brought to Philadelphia last
week by one M3r. Brunson, a councillor, as I understand, of that
State.
On the 20th of Dec. judges Morris and VYates of New York
sent to gov. Clinton affidavits of John Edgar and David Abeel,
charging Vermonters with treason, and on the 24th the governor
E1Early History, 384.
From i3ls. Archives of IA. IT., published in Burlington Frec:Press c
Times, March 4 1871.




(ollisions in t7he East and West Unions.      221
informed the New York delegates in Congress thereof, and sent
Edgar himself for further explanations.'
When gov. Chittenden determined to send Vermont militia to
the aid of their friends in the West Union, col. Ira Allen was
designated for the command; but on receiving intelligence of a
threatening character from the East Union, the command in the
West was assigned to col. Walbridge, and Ira Allen was appointed by the governor and council to proceed immediately to the general court of New Hampshire, at Exeter, with full powers to concert measures for an amicable adjustment of all disputes with that
State.  Col. Allen bore the governor's orders of December 14 to
maj gen. Elisha Payne, and went first to Charlestown, and, on conferring with Mr. Page, found a prospect of hostilities on the eve of
commencement by New Hamplshire.    He immediately made several copies of gov. Chittenden's orders to gen, Payne, for distribution, to encourage the people of the East Union to remain firm
for Vermont, blut taking care that one copy should fall into the
hands of a staunch friend of New Ham)pshiire to find a conveyance, in a single night and dlay to prest. Weare.  Col. Allen then
proceeded to Exeter, where he was informed (cotfidentially) by
maj. gen. eFllows that, two days before, the court of New Hampshire had determined to raise a militar:y force sufficient to control
the people in the East Union; but, on the day before, prest. Weare
had received gov. Chittenden's orders to Payne, purporting that
force would be repelled by fbrce, which occasioned delay in issuing
orders to the New Hampshire militia.2
Lierft. Gov. Payne, qf V O ermont, to _PrIeside/nt WVeare.3
CHARLESTOWN, Dec. 21st, 1781.
Sir:-I herewith transmit to your honor a copy of orders received from the commlander-in-chief of the state of Vermlont, issued in consequence of coercive measures pnrsuing by New
Hampshire, from which you will learn my situation.
Clinton Pcaprs;, Nos. 42-2 and 4251.  or affidavit of Abeel, see date
of March 21, 1782, post.
Vt. t..it Cll. Vol.., 444, 445.
From i/is. Arecives of Nlew XHCaapshire, published in the Bu]rlilnton
Free Press & 2i7,es8 March 4 1871.




222                TheI Haldimand Papers.
Inclination and duty conspire to induce my compliance with any
measures which reason and justice may point out to avert threatening hostilities, pregnant not only with the horrors of civil war,
but also the greatest 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 assembly the
reasonableness of the late proposals of the legislature of Vermont,
transmitted to your honor by a committee appointed by said legislature 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 congress 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 clainm-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
foregoing 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 disagreeable necessity to execute the orders I have re1 Oct. 12, 1781, Mr. Payne, a resident in the East Union, had been
elected "Deputy Governor" by the general assembly of Vermont, but
he asked tilne to consider whether he would accept. Oct. 27, he was, by
resolution, requested to inibrm the house whether he would accept this
election; [and he answered that he would accept the office. Whereupon,
it was' Resolved, that his honor the Deputy Governor have fifty pounds
for his salary for the present year."-Assembly Jozurnale 1778-1784,
295, 329.




Collisions in the East and West Unions.      223
ceived in raising the force of Vermont, to repel encroachments on
its jurisdiction exercised by consent of the people, and which I
doubt not their most spirited exertions to support till the dispute
is decided, confident that New Hampshire, 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, Lient. Gov.
His Honor Meshech Weare, Esq., President of the Council qf
New Hlampshire.
Gen. Stark to Gen. Washington.'
Dec. 21. While deputy governor Payne was writing to pres.
Weare to secure peace in Eastern Vermont, gen. Stark was reporting to gen. Washington his view of the condition of affairs in
Western Vermont. He noticed the affair of sergeant Tupper, and
his correspondence with gen. Chittenden thereon, requesting Washington to inform him whether gov. Chittenden 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 late affair with New York, and the East and
West Unions, gen. Stark proceeded:
I believe, sir, that I may venture to predict that unless something decisive, is done in the course of this winter, with respect to
these people, we may have every thing to fear fiom them that they
are capable of, in case we are under the disagreeable necessity of
making another campaign. 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; btt 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;3 while, on the
I Memoir of Stark, 303.
2 No answer to this request appears in Stark's Correspondence.
3 See Stark to Washington, Aug. 9,1781, ante 160.




224                The faldicmand Papers.
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.
Iaj G.      eah t Ge. Sea  to Gen. Srk- [Extract.]
Dec. 25. I am very sorry to hear of the conduct of the Vermonters and Yorkers with you. I fear that there will, sooner or
later, be serious consequences produced by their disputes. I transmitted your intelligence to congress, and I request you will be
pleased from time to time to communicate to me such other circumlstances as may come to your knowledge.
Arrests ordered by Neoc im-npshire iqn the tVcast Unjion,.2
STATE OF NEWI                   IN COiMMITTEE OF SAFETY,
HAMPSHIRE.                     Exeter, 27th Deer. 1781.
To Robert Sinit/h qf Londontderr-y, Grreeting:
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, Moses Smith, Isaac Griswold, and Nathaniel Sartel
Prentice, if they may be found within this state, and bring them,
as soon as may be, before the committee of safety to be examined
touching the matters alleged against tllem, that they may be dealt
with as to justice shall appertain; and all officers, civil and military, and other subjects of this state, are he.reby 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 thle day and date above
mentioned.                    Jos:iAx  BARTLETT, ChtairmCtn.
STATE OF NEW HAMPSHIRE, }
ROCKINGHAiM, SS.
Pursuant to the within warrant, I lave apprehended the body
of the within namec Nathaniel Sartel Prentice, Esq., and have
1 emoir of Staccrl 307.
2From lis. Archives of Xew HIampshire, published in the -Bmclinyton
Free Press & Times, March 25, 1871.




Collisions in the East and West Unions.      225
him before the committee of safety for said state this seventh day
of January, 1782.           ROBERT SMITH, S pecial 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 Samnel King of Chesterfield to Exeter in -the state of
New HJampshire 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 conducted 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 capt.
Carlisle 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, SpIecial Sheriff.
YMr. 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, Sheriffs.
Joseph Bzuri to President Weare.
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 according to the custom of Vermont, that is by
whipping them. Whether they really will 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. Binghlam'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 situation. I would not wish to dictate, but pray
that something may be done that shall be for the relief of the good
29




226                The i  aldimand Papers.
subjects in this part of the state, and for the good of the state. I
thought it I my duty to inform yoar 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. lst, 1782, at 12 o'clock at night.
Hon. President Weare, Esq.
N. B. You will excuse the writing, being called out of bed in
a cold night.
Benjamin Bellows to President lWearce.
WALPOLE, Jan. 2d, 1782.
Sir:-I 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 diffl      arn   pn te fficulties arsing n the o icers attempting to convey
one Samuel King of Chesterfield 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 concerned 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 destroy 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 people. I have two respectable inhabitants of said Chesterfield now sheltering 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
Hampshire and all their authority to hell, and say they (New
Hampshire) can do nothing only in a mean 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




Collisions in the East and West Unions.      227
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 measures 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. MesLhech Weare, Esq.
While these events were occurring, Messrs. Enos and Page
joined Col. Allen at Exeter, and labored with him to reconcile
matters with New Hampshire, but in vain. They were not kindly
received. Mr. Page was arrested and committed to jail, for his
conduct as sheriff in the East Union under Vermont; and Allen
could get no information from the men he addressed, but succeeded in learning, from a lady, when the business was to be discussed
and determined by the court. Taking a seat in the lobby, and
busying himself-in preparing a memorial to the New Hampshire
court, Allen heard the debate, and the determination to defer hostile measures till an agent had been sent to take the advice of congress. This satisfactory conclusion, for the time being, determined Allen to return to Vermont and make his report.'
Samuel Livermore of N. ff., in Congress, to ieshech Weare.2
PHILADELPHIA, Jan'y 1, 1782.
178 Dear Sir:-I wish you a happy new year. Nothing
January 1. material has turned up here since my last. I hope to
have something to write by next post. I am anxious to
hear the event of Genl. Nicholls' expedition. The Vermonters
are very turbulent about Hudson's river, and a strong suspicion of
their. being in league with the British. You will hear more in my
next, if brought to any head in Congress.
Your most ob't servant,         SAMUEL LIVERTIORE.
Hon. Presid't. Weare.
Ira Allen, in Vt. Hist. Coll., Vol. I., 445, 446.'2s. Archives of N. H., published in Burlington Free Press & Times,
March 25, 1871.




228                The Haldimandc Papers.
Geo. JWashinzgton to Thomas Chittenden.2
PHILADELPHIA9 1 January, 17 2.
Sir:-I received your favor of the 14th of November, by Mr.
Brownson. You cannot be at a loss to know why I have not heretofore, and why I cannot now, address you in your public c1harnacter, or answer you in mine; but the confidence, whicl you have
been pleased to repose in me, gives me an opportunity of' ofteriiig
you my sentiments, as an individual 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 now, to discuss
the origin of the right of a number of inhabitants to that tract of
country, formerly distinguished by the Iname of the New 1-ampshire Grants, and now known by the name of Vermiont. I will
take it for granted that their right was good, because Congiess by
their resolve of the 7th of August imply it, and by that of the
21st are willing fully to confiirm iti, provided the new state is confined to certain prescribed bounds. It appears therefore to me,
that the dispute of' boundary is the only one which exists, andc
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 ics described in the resolve of Congress of the 21st of' August last, and whet-lier, 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
manoeuver, than one in which you conceived yourselves justifiable.
If miy first question be answered in the affirmlative, it certainly
bars your new claim; and, if Imy second be well founded, your
end is answered, and you halve nothing to do but withdlraw  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 mith the ancient established boundaries of New York:, New Hiampshire, 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 fiture tnion 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 established boundaries of adjacent
2 Life tand iWritings, Vol. viii., 220.




Collisions in the East and West Unions.      229
ones, will serve as a precedent for others, which it may hereafter
be expedient to set off, to make the same unjustifiable 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 cou sidered as only affecting the rigtts 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 foresighlt, which is more to be
dreaded, than:, necessity of coercion on the part of congtress;
and consequeutly 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 grlound to that delusive opinion of the enemy,
upon which they in a great measure found tleir hopes of success.
They have numerous friends among us, who only want a proper
opportunity to show thenmselves openly, and that internal disputes
and feuds will soon break us in pieces; at the same time time the
seeds of distrust and jealousy are scattered among ourselves by
a conduct of this kind. If you are sincere in your professions,
these will be additional motis for acceptng the ters, which
have been offered, and which appear to mei equitable, and thereby
convincing the commion enemy that all their expectations of disunion are vat,i, 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. I
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 lengths, may destroy the future




230                The Haldimand Papers.
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.
H. —Lord George Germaine to General Jacldimand.
(No. 34.)        WHITEHALL, [London,] 2nd January, 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 Reidesel, in readiness to protect them from
the resentment of the Congress should they declare for His Aajesty.
Lord Cornwallis' 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 theum, 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 Vermont 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.
I am, Sir, your most obedient, humble servant,
(Signed)                           GEORGE GERnIAINE.
Governor Ilaildimcand.
Gen. Washington to Gen. Sciuyler. - [Extract.]
Jan. 8. Enclosing his letter to Chittenden of the lst, and requesting Schuyler to have it carefully transmitted, Washington
added:
This letter I have shown to a number of nmy friends, members
of congress 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 forcibly, and perhaps it may have some
effect upon LMr. Chittenden and the leaders in Vermont. I would




Collisions in the East and West Unions.       231
wish you to keep the purport of this to yourself, as I do not wish
to have my sentiments publicly known.'
Jan. 10. On the 10th of January, col. Ira Allen made a report
to the governor and council of his mission to the New Hampshire
court, whereupon it was
Resolved, that the honble Elisha Payne, Jonas Fay and Ira Allen, esquires, and Abel Curtis, esqr., be and they are hereby appointed agents to repair to the hon'ble the congress of the United
States, and in behalf of this state to solicit congress to recognize
the independence thereof. And further to use their best endeavors
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. Sec'y.2
IN COUNCIL, Jan. 11, 1782: Resolved, that his honor Elisha
Payne esquire It. governor, Bezaleel Woodward esq., general
Ethan Allen, John Fassett esquire, and colo. Matthew Lyon be
and they are hereby appointed to make a draft of the political affairs of this state to be published.
Attest,- THOMAs TOLMAN, Dep. Sec'y.3
The Ethan Allen Papers, 359-372, contain the following document, which was the result of the foregoing resolution.  It is
given without title in the book, but in the index is entitled:
Defense of Vermont in Uniting with portions qf New York and
Newz Hampshire -i. e. in favor of the cEast and West Unions.4
BY ETHAN on [AND] IRA ALLEN.
It has ever been the practice of the people of Vermont from
their first settling on its territory to appeal to the opinion of the
Washington's Letters, in State Dept.
2 Council Journal, 1781 to 1784, 43. 3 Same, 44.
4Ethan Allen's bill of expenses [p. 407 of Ethan Allen Papers] gives
these items:
1782. To a journey to Hartford [Connecticut] to git a pamphlet
January. printed -13 Days at 10s.......................... ~ 10s
To Cash paid for my Expences to git the above Pamphlet  printed........................................ 6~   Os
To Cash pd Mr. Goodrich for printing the above said
P am phlet..........................6..............   2s
To cash pd for the Expences of Jona. Robinson- who
went with me............................6~ 6s




232               The Hccalcimancl Pcaers.
impartial public in all disputes with the neighboring governments
in regard to jurisdiction or right of soil, as well as the natural
and inherent right of those inhabitants to form themselves into a
political society, and erect, set up and establish such forlms of government as appeared to them to be best suited and most conducive
to the well-being of the society, in which they have been almost
universally favored with the publie's approbation; but some individuals, perhaps for want of a particular acquaintance with the
late situation of the affairs of Vermont, may have started the following queries, viz:
How came it to pass that Vermont has encroached on, and taken
into union with her, a part of those tracts which was formerly
considered as parts of New Hampshire and New York? Can
Vermont in this expect the approbation. of the public? What
reason can we assign to justify such a conduct? To these queries
it may be observed, that to trace the right of Vermont, together
with the pretentious of the claiming states to its territory, might be
matter sufficient for a volume: shall therefore at present only
mention the particular exigencies of the times which required it.
That the public will undoubtedly consider -that the states of New
York and New Hampshire had, each. of them, previously laid their
respective claims to the whole territory of Vermont, anld had for
a number of years exerted their united  influence at the congress
of the United States to prevent her being received into the federal
union, in consequence of which she has [beenl fir several years
last past, and still is, exposed to the whole force of the common
enemy in the province of Quebec, destitute of any alliance to invite to her assistance, and is thereby put to the disagreeable necessity of defending (at her own expense) not only her own, but the
frontiers of New York, New Hampshire, and l!iassachusetts.
The government of New York, about the month of April, 1780,
abandoning their post at Skenesborough, the people in that vicinity
petitioned that government for protection but obtained no relief.
They afterwards petitioned the government of Vermont, when her
troops were directed to cover them, and about a [the] month of
the succeeding May every article belonging to the continent,
even to pick-axes and spades, was called for and ordered out of
Vermiont by continental commissaries at a time whlen she was
erecting a line of fortifications on her frontiers for her defense.
In the fall of the same year the British made a descent upon lake
Champlain and lay in force at Ticonderoga, which occasioned the
militia of Vermont to turn out for its defense. While they lay in
that situation, general Allen received a flag from the commanding
officer of the British, with an answer to governor Chittenden's




Defense of the East and West Unions.         233
letter to general Haldimand (dated the preceding July)' on the
subject of an exchange of prisoners, and with that a proposal of a
truce with the state of Vermont during the negociation of the exchange; general Allen sent back a flag of his, agreeing to the
truce, on proviso it should be extended to the frontiers of New
York, which was finally agreed with, and a truce took place which
lasted about three weeks.  Soon after the close of this campaign,
the governor received intelligence that the British forces in Canada
consisted of' near 7,000 including loyalists, Indians, &c., and that
they had it in contemplation to lay waste the north and west parts
of Vermont at the opening of the then ensuing campaign, in order
to prepare their way to Albany and Schenectady. The affairs of
Vermont being thus circumstanced, the supreme executive authority sent circular letters (by express) to the states of New
H'ampshire, Massachusetts, and New York, urging them respectively to relinquish their claims to the territory of Vermonte, and
earnestly inviting them to join in a solid union with her for the
defense of the frontiers of the respective states against British
invasions; and letters were also sent at the same time to his excellency, general Washington, and to the states of Connecticut and
Rhode Island. Each of the afolrementioned letters stated the extreme situation of Vermont and imllored their aid and assistance,
but no answer to either of these letters has been received.
In this situation, it seems that New Hampshire, to raise and
foment internal division and to prevent Vermont's admittance into
the federal union, were endeavoring a union of the whole of the
New Hampshire grants on both sides of Connecticut river, as
general Bellows and several others, members of the council and
assembly, dispatched letters to the several towns inviting each
town by their respective representatives (to be for that purpose
thereafter chosen) to attend at an appointed time and place in
convention,, to concert measures for this purpose. In consequence
of that step, a considerable nunber of representatives from the
sundry towns east of the river, together with like representatives
from several towns west of the river, and who were not particularly apprised of the business of such meeting, did meet in convention at Charlestown No. 4, in January, 1781, in which the
This is simply another repetition of the impression of the Allens, that
Chittenden's first letter to Haldimand was written in July instead of
September, 1780. Both of the Aliens raised doubts of their accuracy,
the one by fixing August instead of July as the time of the reception of
Bev. Robinson's first letter, andil the other by stating that Chitteinden
wrote to Haldimand in July for the exchange of prisoners wvho were not
captured till the succeeding October.
30




234                The Haldimand Papers.
gentlemen, who set this convention on foot, publicly owned that
their intentions were to annex the whole to New Hampshire.
However, it was agreed by the remaining part of the members to
address the legislature of Vermont, at their session to be holden
the February following, on the subject of uniting the whole of the
New Hampshire grants east of the river to Vermont, as well to
partake of the privileges of her constitution and laws as to join
for their mutual defense against the common enemy.
And in the month of February, 1781, a respectable number of
inhabitants east of Hudson's river and west of the lands granted
by New Hampshire, petitioned the legislature of Vermont, setting
forth, among other things, that the state of New York had so far
neglected to afford them protection that they had detached the
soldiery from the frontiers of that district and ordered them to do
duty in the interior part of the state, praying that Vermont would
receive the said district into union with her, that their forces might
be mutually joined for the defense of the respective frontiers, alleging at the same time that they dare not remain in that defenseless situation another campaign, and if their petition should be
rejected they should be reduced to the fatal necessity of removing
into the interior part of the country with their families and effects
for safety.  This would have added at least thirty miles to
about one hundred and fifty, the frontier extent of Vermont. The
legislature of Vermont, taking into serious consideration her definseless situaltion, and perceiving that the influence of the claiming states had hitherto prevented her being received into the union
with the United States, and encouraged some dissentions among her
citizens, and that her numbers and resources were insufficient to
oppose the force of the common enemy, (with any reasonable
prospect of success,) and that a union with those contiguous districts would greatly augment her strength, heal those divisions,
and give life and activity to a respectable number of people who
have been principally defended by Vermont since the capture of
general Burgoyne, and establish a formidable barrier against the
powers in the north, admitted the two districts into the union
[with her.]
Thus, under the auspicious guidance of the Sovereign Ruler of all
events, Vermont carried on a defensive war against all her enemies in Canada the last campaign with the loss of about twentythree men killed and taken prisoners; have taken about twelve
and relieved from a long and cruel captivity (by exchange) about
fifty prisoners, among whom is one continental major, and her
citizens have much the largest quantity of seed-wheat now in the
ground that has been in any one season since the first settlement
of that part of the country.




Defense of the Ecast and WVest Unions.      235
It may be further observed that the states of New Hampshire
and New York, upon stating their respective claims, have little
reason to complain of loss of territory by Vermont including the
union, inasmuch as neither of them  are included in any charter
from the crown of England to either of those governments. Much
more might be said in the vindication of this argument, would it
not add too much to the prolixity of this publication.'
The next question perhaps may be, is it honest in Vermont to
extend her territory upon the states of New Hampshire and New
York? Previous to answering this question it may be necessary
to determine another viz: WHETHER HONESTY IS TRUMPS?  Each
of those claiming states have many years severally challenged the
sovereignty of Vermont, and although they have been repeatedly
solicited by her to accede to her recognition and to establish their
respective boundary lines, previous to her extension of territory,
nevertheless theiri answers to these solicitations (although silent)
seem to have been the following, viz: Let Vermont struggle in her
insignificant notions of independence, the inhabitants will answer
as a forlorn hope to secure the subjects of New Hampshire and
New York; they are situate to Canada, and when the war is
terminated, if any of them remain alive, we old confederate states
can easily subject them, and should we meet with any opposition,
we have a right to call on the vwhole confederacy to annihilate
their pretended state,.so that at best they are but our vassals, and
being charged with a prospect of liberty and an admittance into
the union with the United States, will go through the hazards and
fatigues of that exposed part of our frontiers better than though
they were subjectedc
So it appears that the question relative to Vermont receiving
the two districts into union is not so much whether it accords with
downright homespun honesty as whether it is politically honest;
or, in fine, whether it is honest for Vermont to make any accession
of power against the avowed coercive designs of those claiming
states, or against the invasions of the common enemy. So much
for honesty.
The great object which Vermont has in view is to maintain her
rightful liberties and property, and to rise (on the principles of
justice) superior to every of her complicated embarrassments;
and if she should be so unhappy as to fall on any wrong measures
to accomplish such design, she would undoubtedly as much regret
-See note on page 238.




236                Thie  clde dimand Papers.
it as those proclaiming states, provided they should l)1under on
any wrong measures which might eventually thwart their designs.
The legislature of Vermont., at their session in Oetob o(e lastS
proposed t to the legislatures of those states to refer the disputes
relative to boundary lines between them and her to the final arbitrament and decision of indifferenmt men, alnd pledged the ai itl
of government to abide their determination in the l)emises.  lhe
proposals have been officially laid befo re those states respectively,
but no answer to them returned, but why? The reason is obvious, for had those states agreed to those proposals, they wotld
have thereby rescinded [recededi] from t-eir' rei:pective c(ails to
the old territory, (an obaject too dear for them to part with,) as
there can be no arbitration with parties [on one side] and no parties [on the other side, as would be the fact] in this case, except
Vermontt be considered as a state, which would be explicitly acknowledged by arbitrating on its bonndaies. Thle legislature of
New York have, since the act of the honorable congress of the
United States on the 20th day of' A-ugst last, (relative to Vermont,) renewed their claim to the property and sovereignty of
Vermont, and have remoustrated agtainst the raight of congress to
recognize the independency the-reo f; as New iHampshire have, by
an act of legislatcion, resolved that they will not take any notice
of the aforesaid proposals~.
The articles of the atforbesaid uniont so far as they respect the
existence of Vermonlt and the settlements of her boundary lines,
are here inserted verbatimi
"' ART. 1st. That the independence of the state of V\ermont 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 assembly which shall endanger the existence, indepleendece
or well-being of the state, by referring its independlcece to the
arbitrament of any power.
" ART. 2d. That whenever this state becomes united with the
American states, and there shall then be any ditsputes between
this-and either of the United States respecting bounilldary lines,
the legislature of this state will then (as they have ever piroposed)
submit to congress, or sucl other tribunial as may be mi-tually
agreed on, for tie settlement of any such disputels."
Should any ask why Verlmont has not coniplied xwrith the act of
congress of the 20th day of August last, kand -i consequence have
relinquished her claims to the two unions, in order to her being
admitted into the union with the United States,- the answer naturally follows that, as she had pledged the faith of government to




Defense of the East ancd Wes t Unions.      237
the inhabitants of those unions whereby they became incorporated
into the same political society and comlpose a repectable part of
its legislature, therefore she cannot set them aside upon any other
conditions than those mentioned in the second article of their admission above recited, without a manifest violati)o of public faith
and a breach of that harmony which so happily and universally
subsists between them.
But suppose this violation of public taitlh, S;c., could be dispensed with, (which is by no means admitted ) it cloes not follow
of consequence that the honorable congress would recognize the
independence of Vermont in. opposition to the remonstrances of
one or both those states, pr-edicatec on the articles of their confederacy, Provided this shouldc be the case, the con:sleqtuencoe of
such a dissolution might be the means of cleating' internal dissentions and serve greatly to weaken the sttren gth and exertions
of goiivernmelnt in the common cause, and perhaps procure her
dissolution [destruction] the next campaign by the common enemy;
or at least give atn ad tvantage to her watchful competitors, New
Hiampshire and New York.
What elminent services have the citizens of V erlmont rendLered
in the coammon cause of the present war, even tio those claiming
states who are endeavouring to devote tlhem to destluction in order
to tlake possession of the vineyard! but as this is merely from
interested views, therefore it cannot be any inducement to the other
eleven states to espouse or even countenance their cause.,'ow glorious would the victorious continental troops, just returned from the capture of a haughty army with a COR CONWALLIS
(the pride of England) at its hea'd, appear iln larms puissantly
trampling on the rights of a brave and meritotrions people who
gave a respectable part of thle mortal blowv in capturing the towerirng BcURGOxE, which in its events procduced the alliance with
France, and i the chain of' causes br'ought the French flleet'to the
Chesapeake and produced another limomoraole ERAi in America!
Shalll these continental heroes tarnishl their laurels: b1 turning
their swords (prepared for the comilnon enemy) against their best
friends, the Green AMountain Boys? Heaven forbid it.
But let us examine this nmatter one step further, and suppose,
for instance, that congress should ever design to hearken to the
solicitations of those claiming states to exert their united force to
subject VeTrmont. In such case it nmay be requisite to m-ake at
least a singie moment's pause and'ask whether that august body
will not first obtain a certain knowledge that the territory of Vermont does of right belong to the two elaiming states, or to one of
them;'and if to one, to which of them; for so long as each of
those states are claiming one and the same territory, the honorable




238                The IBaldimand Papers.
congress, not poesessed of the certain knowledge of the right
of the [case,] could not determine to which of these [states the]
territory should be ceded or annexed, if subjected. But in case
it is said that congress will decide the dispute first in regard to
the claim and then subject the people to a compliance, the question will then arise, from whence did that power originate? It
will doubtless be a given point that congress are not possessed of
any other power than what they derive from their constituents.
The citizens of Vermont were the first in America that formed
into committees of safety and conventions for the security of their
just rights against the lawless power [of Great Britain,] and were
organized as a free state on the same grand basis of liberty as the
other free states of America [now are,] before the existence of
the confederacy of the United States, and have never delegated
any power to congress: therefore, congress cannot be supposed to
have any more right to subject Vermont than to subject any other
free state on the earth that had been a faithful ally to them through
a long and hazardous war; for the existence of Vermont as a
body politic (upon revolution[ary] principles) is at least [equally
good] with the existence of any other of the free states of America.
Therefore if subjugation in this case could take place, it must be
merely on the principles of sovereign power.
Have not the people, formerly known by the name of the inhabitants of the New Hampshire Grants, (now comprehended in the
territory of Vermont,) governed themselves by committees of safety
and convention, ever since the edict of Great Britain, in A. D.
1764, to the 12th day of March, 1778, when a governor and council and house of assembly were elected, agreeable to [the] constitution?
Did not these conventions appoint, authorize, and send agents
to the court [of] Great Britain at different times to negociate their
political affairs at that court? and was not the old territory of
Vermont, together with the West Union, formed into a government by the said court of Great Britain, and Philip Skeene, Esq.,
appointed to preside over it as governor?I
Does not this single circumstance overturn the pretensions of
the claiming states upon their own stating?
1 A striking instance of the inaccuracy (to use no harsher word) of the
Allens. It was true that Ira Allen claimed that the charter of New
York did not include the territory north of Albany, and also that Skene
was appointed  governor of the garrisons of Ticonderoga and Crown
Point," but not over " the old territory of Vermont."-Ira Allen, Vt.
Hist. Coll., Vol. I, 359-361.




Defense of the East and West Unions.        239
Did not the citizens of New Hampshire Grants, alias Vermont,
take the first offensive part against British usurpations by putting
the continent in possession of Ticonderoga, Crown Point, and the
waters of lake Champlain, together with more than two hundred
pieces of valuable cannon [of] different sizes, &c., &c.?
Have not the people of Vermont, during the course of the present
war, exerted themselves like men determined to be free?
Did they not in convention, on the 15th day.of January, 1777,
declare themselves a free, sovereign and independent state, and
announce the same to congress immediately after?
Have not a considerable number of towns in the East Union
from about the time of the revolution refused to pay allegiance to
the government of New HLampshire?
Did not the general court of the state of New Hampshire officially acknowledge the sovereignty and independence of Vermont
previous to extending her late claim over Vermont?
Have not the honorable the general court of Massachusetts relinquished her pretentious to the territory of Vermont?
Have not the government of Vermont, by her agent, solicited
congress to be admitted into the federal union upon the liberal
principles of her paying her equitable proportion of the expense
of the present war, and that to be assessed by the United States
in congress assembled?
Have not Vermont offered that congress should settle the boundary lines of the state, she being allowed equal privileges with
the claiming states in the settlement of the disputes?
Is not the territory of Vermont about one hundred and sixty
miles in length and in breadth about ninety-five on an average,
including the East and West Unions, which are about twenty
miles each?
Are not the numbers of the militia with[in] the old territory
of Vermont nearly 8,000, and, including the two unions, about
13,000?
What can Vermont do, or what reasonable step hath she neglected, to procure her recognition and a settlement of her boundary lines?'
1 In a note in the Allenl Papers, Hiland Hall suggests that the paper
here given was the original of the printed pamphlet, which retained much
of this paper and the whole of its argument substantially. The pamphlet was entitled "The Present State of the Controversy between the
States of New York and New Hampshire on the one part and Vermont
on the other. Published at Hartford. Printed by Hudson & Goodwil.
MDCCLXXXII." 




240                The Haldilctnd Papers.
Gen. Seu1 oyler to G-en. WTVashington. - [Evxtract.]
Jan. 15. Yesterdaly, I received advice that the people on the
Grants had generally assembled in town meetinl-os, had declared
their apprehensions that a criminal inllercourse pre\vailed between
some of their people and the British. and determ-inec on an examination of the conduct of the suspected persons; and had, by a
great majority of the towns, voted that a, nelibnqiLshment should be
made of their late extended claim, both on: the east and west.
The latter part of this intelligence is this moment confinred to
me, in such a manner that i have not a donbt remaMini g of its
truth; and I have reason to believe that the formet part is not
without foundation.
Gov. Clinton to Gern. dsh?,in/ton. - Extract.]2
Jan. 21. The governor transmitted coriespondenle between
himself and gen. Haldimancd, being an unsu;ce;ssful- attempt to
procure an exchange of prisoners, and then adverted to Vermont
affairs:
I lately transmitted to Congress two affidavits, proving a traitorous correspondence betweer the leaders on the New Hampshire
Grants, and the enemy; and one of them, that an actual league
of amity was settled bet'ween them; which, I presume, have been
communicated to your excellency. There are many other circumstances tending to establish thle 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 exceedingly alarmed at their conduct. Added to this, the violent and oppressive measures pursued by them
against some of the most respectable citizens, to support their late
extension of jurisdiction, will, I am persuaded, before the opening
of spring, occasion our having recourse- to arms to oppose their
usurpations.
On the same day, gen. Schuyler wrote to gen. WAashington that
the Vermonters were about to send a deputation to Congress, to
solicit a recommendation to New York and New Hampshire to
pass acts of indemnity to their citizens who had joined Vermont.
ITe hoped Washington would use his influence with the New York
delegates to make it successful.
1Corr. of the Rev., Letters to Washington, Vol. inI, 462.
2 Same, 463, 464.




The Vermont Question in CYongress.         241
James iacdison, in Congress, to Edmundc Pendleton.-[Extract.]'
Jan. 22. Congress much-occupied and perplexed with the case
of Vernmoit. Instead of restricting her boundaries as recommended, she had continued her encroachments; there was the utmost
danger of collision, and congress was called upon to act. The
power of congress, either to use force or admit her into the confederacy, was doubted by many states.
Jan. 28. A " representation" of the conduct of Vermont, coming from adherents to New York who resided in Vermont. was
presented to congress and referred to the committee on the Vermont controversy. The concluding statement of this paper was,
"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.n'2
Gen. TWacshington to Gen. Schu/yler.-[Extract.]3
Jan. 29. Every information tending to prove, that the affairs
respecting the Grants may be speedily and happily accommodated,
gives me singular satisfaction. I will flatter myself, that both the
articles of intelligence you have received are well grounded, and
that it will be the unremitting effort of every one, who is well affected to the general cause, to prevent the horrors of civil discord
in any part of the United States.
Gen. Washinyton to Gen. Schzuyler. - [Abstract. j4
178  Washington returned a copy of a letter from SchuyFebruayr G. ler to Stark, on Vermont affairs, commending it highly
for its conciliatory tone, and expressed himself earnestly
in favor of conciliation, but said his military character forbade his
intermeddling so far as "1 to dictate particular modes of accommodation."
1 adclison Papers, o., ol. 109.
2For an account of this movement of the adherents to New York, by
their agent, Seth Smith —of the charges made against Vermont, and of
the excitement then prevailing in Cumberland [Windham] county-see
B. H. Hall's Eastern Vermont, 413-418.
3 Life and Writings, Vol. VIII, 232.
4Washington's Letters, St. Dept.
31




242               The Haldimand Papers.
The Vermont Questio  n n Congress.
On the same day, the agents of Vermont presented a memorial
to congress, justifying the course of Vermont in making the East
and West Unions. As to the East Union it was said, that New
Hampshire had laid claim to the whole of Vermont, and a convention of forty-three towns had voted, on the 16th of Jan. 1781,
in favor of uniting Vermont to New Hampshire: and therefore
that, in procuring a change of that vote on the next day, and by
it extending her jurisdiction to the Mason line, Vermont had simply turned the table-giving New HIampshire the same trouble
that she had contemplated for Vermont. As to the West Union
it was said that " the claims and intrigues of New York, and selfpreservation, had induced the legislature of Vemnont to claim a
part of the state of New York," and that the people of the territory so claimed had, by articles of union, confederated witll Vermont and become citizens thereof. And further, in the articles of
both Unions it was stipulated that, when Vermont should be admitted as a state by congress, that body should settle the boundary lines. Vermont then was ready, and ever had been ready, to
comply with that stipulation, or any other equitable mode of
establishing boundaries, and in fact she had proposed to settle
through commissioners of New Hampshire, New York, and Vermont, with which the two before-named states had not complied;
but, while Vermont was not recognized and admitted as a state,
she could not give up her unions, and thus reduce her strength,
without gaining a place in the confederacy as an equivalent. As
to the military orders of gov. Chittenden, of the 14th of December, to maj. gen. Payne in the east and col. Walbridge in the
west, the agents explained, that the purpose was not to provoke
civil war, but to prevent it; and such had been the effect.'
James IfMadison to Ecdmund Penlleton.
Feb. 7. Congress are still occupied with the thorny subject of
Vermont. Some plan for a general liquidation and apportion-'Ira Allen who was one of the agents. - Tt. Hist. Coll., Vol. I, 446448.




The Vermont Question in Congress.         243
ment of the public debts is also under their consideration, and I
fear will be little less perplexing.'
Feb. 19. On the 19th of February, in congress, the committee
of one delegate from each state, to whom the case of Vermont had
been referred, made a report. This document recited the resolutions of the 7th and 20th of August 1781 -the failure of Vermont
to comply with thenm-her attempts to establish her jurisdiction
beyond her original claim, and over territory which congress by
the said resolution of the 20th of August had guaranteed to New
Hampshire and New York —and concluded with a series of resolutions, declaring:
1. That the boundaries of the territory of the New Hampshire
Grants were and should be as described in the resolution of the
20th of August 1781.
2. That if, in one month after notice given to the governor,
the inhabitants of said Grants should relinquish the territory beyond those bounds and accede to the articles of confederation,
their district should be acknowledged as a free and independent
state and admitted into the union.
3. That if said inhabitants should not so comply, their neglect
should be considered hostile to the United States, and thereupon
the confederate military power should be used against them.
4. That, in case of such neglect or refusal, " the commanderin-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."
Debate ensued, but no action until the first of March.2
Legislative Action in Vermont.
IN COUNCIL: Feb. 19.  A letter from colonel Hinman Swift,
commanding a continental regiment, directed to brigadier-general
Samuel Safford, dated Feb. 12th, 1782, requesting the general's
assistance in taking up a number of deserters from the continental
1 Madison Papers, Vol. i, 112. The question as to the public debt afterward tended to reconcile Vermont to a delay of her admission to the
union.
2Early History, 384, 385.




244               The iacldimnand Papers.
army, in [by] supplying a corporal Baker and three men with
provisions, was by the general laid before the council: whereupon
Resolved, that'the commissary-general of this state be e lnd he
hereby is directed to furnish said corporal anld three meni with
necessary provisions for the execution of the business above mentioned.STATE OP VERIMONT, Bennington, Feb. 19~th, 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 21st of A nugust last,
tis:xcellency THOrAs C(HITTENDEN, Ksq ire', "e n't he (l/air, 
The following papers were read by the secretary in their order,
viz.
1st. The said resolutions of the 7th and 21st of August, and
a letter from his Excellency the President of Congress, to his Excellency the Governor, enclosing them.
2d. A private letter froml his Excellency General Washington,
to his Excellency the Governor, dated Philadelphia, January 1st,
1782.
3d. A letter from GeCneral Oliver Wolcott, to his Excellency
the Governor, dated January 18th, 1782.
4th. A letter from the Revd. Jonathan Edwards, to Noah
Smith.
5th. The articles of uniolns with the eastern and wvestern districts.
Adjourned until 2 o'cilock, P. M.
Met, according to adjournmlent.
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
o'clock.
February 20th, 9 o'clock. Met, agreeable to adjournment.
7th. A letter from Colonel Lutterloh, to Major Fay, was read 
and after some debate on tlhe business, aldourned until 2 o'clock,
P. M.
2 o'clock, P. M. met according to adjournment.
8th. A letter from General Patterson, to lajor Fay, was read.
A motion was made by i3,r. Chandler, that the sense of the
committee be taken upon the following question, viz: - whether
Congress, in ltheir resolutioos of the 7th and 21st of August last,
in guaranteeing, to the respective states of New York and New
1 CoZuneilT ournallC 1781 to 1784, 53.




Dissolutioin of the CEast and TWe.st Unions.   245
Hampshire, all the territory without 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, Contgress, in
their resolutions of the 7th and 21st of August last, in guaranteeing to the respective states of New York and Nevw I Iampnllhire, all
territory without certain limits, therein expressed, lave eventually
determined the boundaries of this state.
And whereas, it appears to ths colmmittee, 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 unaion were executed on the 23d day of February, and the 15th day of June last past,) that congress sLhould consider, and determine, the boundary lines of this state, —There-fbre,
this committee recommend to the assembly of this state, to pass
resolutions, declaring their acquiescence in, and accession to, the
determination miade by congress of the said bounildary lines, between the states of New lHampshire and TNew York, reS;pectively,
and this state, as they are, in said resolutions, deafined ad described, and also, expressly relinquishing all claim to, andO jurisdiction of, and over, the said districts of territory, rwithout said
boundary lines, and the inhabitants thereon residing.
Confiding in the faith, and wisdom of congress, thatL they will,
immediately, enter on measures to carry into eicect thie ot'her matters in said resolutions contained, ald settle oil equitable term;a
whereby this state may be received into, and have an- enljoy all
the protection, rights and advantages of a fe(-al tnionI with the
United States of'America,   a a iee, independe nt and sovereign
state, as is held forth to us in and by said resolutionis.
And this committee do further recoimeiand to the assemly, that
they cause official information of their resolutions to be immlediately transmited to the congress of the United Siates, and the
states of New York and New Hampshire.
IN ASSEMBLY: Feb. 21. The aforesaid report of the conmmittee of the whole w^as read 1and accepted, and thereupon
Resolved, that a committee of three, to join a, colititee -frolmi the
council, be appointed to prepare a bill or bills agreeable to said
report and lay the same before this house. The nembers chosen,
Mr. Tichenor, iMr. Chandler, and IMr. Knight.
On motion of Mr. Tichenor, Resolved, that a commi-ttee of five,
to join a committee from the council, be appointed to point out




246                The IHaldimand Papers.
some mode of relief 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 and 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.
Feb. 22d. A debenture of the members belonging to the Eastern and Western Unions, that have attended this assembly the
present session, was read and passed the house.
The governor and council waited in the house, and requested
that they would proceed to public business of importance to the
state,'&c. On motion made,
Re.solved, that the house will proceed to choose by joint ballot
with the governor and council, three persons to transact the public business of this state at congress.
IN JOINT ASSEMIBLY: The ballots being taken, the hon'l Moses
Robinson, Paul Spooner, esqr., and Isaac Tichenor, esqr., were
elected.2
IN ASSEMBLY, Feb. 22: The committee to whom was referred
the mode of redressing the people in the Eastern and Western
Unions, &c., brought in the following report, viz:
That it is the opinion of your committee that some proper persons be immediately sent to those officers who are nowz arresting
and maiccing prisoners every person they can find zwho have heretofore been active in )joining this state, entreating them to suspend
the execution of law until the aforementioned persons can have
time to petition the assembly of New York to be restored, and
showing their willingness to return to their allegiance to said
state, provided the legislature [thereof] 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 interpose by
recommending to the states of New tHampshire and New York to
pass acts of oblivion in their behalf.
JOSEPH BOWKER, for Cowmmittee.
The above report was read and accepted so far as it relates to
the people of the late Western Union, and ordered that a bill be
brought in accordingly.
Resolved, that gen'l Sam'1 Safford, Ezra Styles, esqr., and gen'l
1 Information of this repeal of the Unions was colmmunicatced   by gov.
Chittenden to gen. Washington. -Index to Stephens Papers, 28.
2 Assembly Journal, 1777-1784, 349-352.




_Dissolution of the East and West Unions.     247
Roger Enos be and they are hereby requested forthwith to repair,
with suitable instructions from the council, to the Western District, to prosecute the intentions of the aforesaid report.'
Feb. 23: The following resolution of the Board of War was
read:
IN BOARD OF WAR, Feb. 22, 1782.
Resolved, that it be and is hereby recommended to the hon'l.
general assembly now sitting in Bennington, that this state raise
one battalion, consisting of five hundred and fourteen, officers included, for the defense of this state the ensuing campaign, to be
commanded by one lieut.-col. commander, one major, eight captains, and sixteen subalterns; that they continue in service till
the 15th day of Dec'r next, unless sooner discharged; that each
town in this state raise, equip, and pay their equal proportion of
the aforesaid battalion, according to their lists given in to the
assembly in Oct'r, 1781. That the general assembly appoint some
suitable person to repair immediately to mraj'r-gen'l Heath, or to
the commanding officer of the northern department, and request
him to furnish this state with two thousand continental arms, with
a sufficient quantity of ammunition. And that the fort at Pittsford be removed to Capt. Jonathan Fassett's house in said Pittsford.
Extract from the minutes.
JOHN FASSETT, Se yg, P. T.
AFTERNOON: The house took under consideration the resolution
of the Board of War as recorded [above,] and after some time
spent in debating thereon,
Resolved, that there be raised for the ensuing campaign, three
hundred men, officers included, for the defense of this state; and
that the non-commissioned officers and privates be raised and paid
by the different towns, agreeable to their list returned last October, and that the commissioned officers receive their pay out of
this state's treasury; and that the governor and council be and
they are hereby requested to write to gen'l Washington and desire
him to furnish two thousand arms and a sufficient quantity of ammunition for the use of this state.
Resolved, that a committee of ten, to join a committee from the
council, be appointed to report their opinion what number of commissioned officers ought to be appointed to command the troops to
be raised as aforesaid, and bring in a nomination of such officers
1 Assembly Jowrnal, 353, 354. The foregoing report implies that, while
governor Chittenden had proposed to suspend the exercise of jurisdiction
in the West Union for the time then being, New York was zealous in
enforcing her own laws in the same territory.




248                The I alcdimand Papers.
to be appointed, except the field officers, which are to be appointed
by ballot. [Committee of ten appointed.]
Resolved, that a committee of five, to join a committee from the
council, be appointed to prepare instructions for the agents that
are appointed to wait on congress, and make report. The members chosen, Mr, Chandler, Mr. Townshend, Mr. Strong, Mr.
Knight, and IMr. Lyon.
The committee appointed to prepare a bill agreeable to the report of the conmit'tee of the whole, brought in the following resolutions, which were read and passed into resolutions of this house,
viz: [.Here are recited the resolutions of the joint assembly,
styled t committee of the whole," of February 20;] and thereupon,.Resoltved, that the west bank of Connecticut river, and a line
begin-ing at the ino'thiest corner of the Ma.ssachusetts state, from
thence northward, twenty minles east of Hudson's river, as specifled in the resolutions of August last, shall be considered as the
east and west boundaries of this state; and that this assembly do,
he1reby,- relinquish all claim and demand to, and right of jurisdiction in, and over, any, and every district of territory without said
boundary line  and that authenticated copies of this resolution
be, forthwith, o-ficially:arnsmitted to congress, and the states of
New Iampsh.ire and New York, respectively.,
It will be observed that the general assembly construed the resolutions of congress of August, 1781, as being- in substance an establishment of the boundary lines of Yermont, (consequently a
recognition of her independence;) andc t/hereefor'e the Unions were
dissolved in coimpliance with article second of the conditions of
union. In short, it was then believed that the purpose of the unions had been substantially effected.
February 25, the subordinate officers for the troops for the ensuing year were appointed, including a muster-master from each
side of the green mountains.2
February 26, the committee appointed to draw up instructions
to the agents of Vermont at congress, reported as follows:3
Genllemen: —'You will repair, without loss of time, to Philadelphia, and are to consider yourselves as Plenipotentiaries, invested with full power to agree on terms upon which this state
shall come into an ulnion with the United States of North America;
and, in case of such agreemient, in behalf of this state, to sign and
ratify articles of feoderal union with the confederated states of
Assembly Jotrncl, 356-359. 2 Same, 370. 3 Scae,e 373.




Dissolution of the East and West Unions.      249
America; but it is not expected that more than one of you will
remain at Philadelphia, at a time.
In your negociation, it is expected that you will so conduct, as
to induce 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 expected 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 returns to his Excellency the Governor, as soon as may be, of the certain sum which
you shall covenant that this state shall pay.
SAMIUEL FLETCHER, for CYommittee.
OSTATE.        IN GENERAL ASSEMBLY, Feb. 26th, 1782.
OF VERMONT.
The within instructions were read, and passed the House.
Attest, - Ros. HOPKINS, Cleric.
True Copy, —Attest, THOMIAS TOLMAN, D. Sec. (Council.
At this time, the agents of Vermont to congress had just left
Philadelphia, to return to Vermont, and on their way they were
surprised by news of the action of Vermont in their absence.
These were " unwelcome tidings" —"     the legislature of Vermont, without waiting the advice or arrival of their agents from
congress, becamne the dupes of state politicians, precipitately dissolved their unions, lessened their strength, real and political
consequence."' 
IN JOINT ASSEMBLY: Moses Robinson, Paul Spooner, and Isaac
Tichenor were elected delegates "tto represent this state in congress, if articles of union can be agreed on between the agents appointed by this state and the congress of the United States;" and
maj. Gideon Brownson was elected major-commandant of the battalion to be raised for the defense of the state.
Feb. 27th, the Board of War was empowered to take all necessary measures for procuring ammunition.
Feb. 28th, Jonas Fay was elected delegate to congress in addition to the gentlemen before elected; and it was
Resolved, that the hon'l. Paul Spooner, Moses Robinson, and
1Ira Allen, in Vt. Hist. Coll., Vol. I, 449, 450. For further views of
colonel Allen, who may be considered the organ of the party supporting
the Unions, see Same, 449-457.
32




250                The Haldimand Papers.
Jonas Fay, esqrs. and Isaac Tichenor, esqr., be and are hereby
requested to repair to congress without delay on the business of
their appointment.'
The only acts of the February session noteworthy were:
An act for taking off the tendry of the paper currency of this
state (except in the treasury of the state) the first day of June
next.
An act for the purpose of raising three hundred able-bodied, effective men, for the ensuing campaign.2
Feb. 23.  Seth Smith, on his way homeward from Philadelphia,
gave to gov. Clinton a copy of his " representation"l to congress,
with a petition to the legislature of New York, dated Feb. 11th.
In the latter document he stated that he had been authorised by
his constituents [adherents to New York in Vermont] to apply to
both congress and New York for aid; that the well affected on
the grants would cheerfully render obedience to New York, but
that by the laws of Vermont they were deprived of civil and military power, and they were determined to resort to " the natural
means of defense by arms," unless interposition should be made
in their behalf. He prayed for seasonable and vigorous measures,
to prevent the necessity of repelling force by force. These documents were read and referred in the assembly of New York on
the 23d of February; at which time the same Seth Smith had a
petition pending in the legislature of Vermont, to relieve him from
an indictment in Windham county, before noted, and the petition
was granted by the council, in concurrence with the house, February 26, on condition that Smith would take an oath of allegiance to Vermont.3
One of the British Commissioners to Ira Allen [2probably.]
[Extract.4]
February 28. My anxiety to hear from you, induced me to
apply to his excellency [general Haldimand] for leave to send
lAssembly Jotulrnal, 374, 388, 389. The treasurer had been ordered previously "to lay by for the delegates to congress ~100."
2Vt. State Papers, 446.
8Eastern Vermont, 418, 419. Council Journal, 1781 to 1784, 60.
4Williams, Vol. II, 209. Hist. Coll., Vol. I, 464.




Hcaldimand to Sir Henry Clinton.         251
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 negotiations; 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 neighbors, 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.
H. - Gen. Haldimnand to Sir Henry Clinton.
QUEBEC, March 5th, 1782.
1782.   Sir:-Being under a necessity of sending an officer
March 5. through the woods to Halifax, I am happy in having an
opportunity though by so long a route of communicating
with Your Excellency and expressing my concern at having been
so long deprived of the honor of hearing from you notwithstanding
the many efforts I have made to obtain that satisfaction.
My letters in cypher dated the 13th and 24th of September and
the 3rd October and 14th of November, I am fearful never reached
you. Those of the 27th, 28th, and 29th of September, the 1st, 2nd,
and 3rd of October by the Garland, and of the 12th and 14th 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 letter to hear from you particularly upon
the subject of Vermont affairs, your Excellency would not have
denied me that pleasure. I am most anxious for the return of my
last messenger, dispatched on the fourteenth of November, having
been for many months without having received the least intelligence from any authority that can be depended on, and finding by
reports brought in by the last scouts that preparations are making
at and in the neighborhood of Albany which indicate a renewal
of the enemy's design against this Province upon 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,




252               The Haldimand Papers.
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 very 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 declaring 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 invade this Province.
To provide against accidents, I take the liberty to inclose to
your Excellency 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 Excellency's most obedient and most humble servant,
FRED'K HALDIMAND.
Indorsed: "G General Haldimand to Sir Henry Clinton, March
5th, 1782."  "No. 2. E."
General Schuyler, at Pokeelpsie to General Washington.'
March 6. When the present session of the legislature opened,
I found both houses pervaded with the same spirit which dictated
the violent resolutions of last fall, [November 15-19, 1781,]
against congress, for their act of the 20th of August in favor of
Vermont, and the house of assembly on the last [of February,]
had actually proceeded so far as to send up [to the senate] for
concurrence a resolution declaring, in very explicit and very
pointed terms, that the strength and supplies of the state should be
withheld, until congress reversed said act, and should decide
agreeably-to equity, and carry their decision into effect. A determination so violent, and so replete with variety of evil to this
1 Washington Letters, in State Department, Vol. LIV, 358.




Action of Governor and Council.          258
and the other states, alarmed me so exceedingly that, although
then still confined with a severe fit of the gout, I considered it
incumbent on me, rather to risk a relapse, than not be present at
the deliberations of the senate on so interesting a subject. It
was agitated on the third instant, and I have reason to be pleased
that I attended, for although the senate are determined so far to
acquiesce with the assembly as to animadvert on the precipitancy
with which congress decided, and perhaps to transmit a protest on
the occasion, they will nevertheless -reject the resolutions of the
other house and afford what [aid] they can to the common cause.
March 7, 8. The governor and council met at Shaftsbury on
the 7th of March, and were notified of the return of Jonas Fay
and Ira Allen, the agents to congress. On the 8th their report
was made to the council.' Ira Allen stated that the governor and
council were then making out credentials and instructions to tle
delegation to congress, which had been appointed in February 
adding that
A question then arose, and the opinion of said agents [just
returned from congress] was required by the governor and council, whether Vermont would, after complying with the resolves of
congress, be admitted to the federal union. The agents LFay and
Allen] answered, that in their opinion Vermont would not be
admitted; that she had, by dissolving her unions, weakened her
strength, lessened her consequence, and exposed herself to the
sport of state politicians, and her safety much depended on the
events of peace or war.2
March 9. Gen. Samuel Safford and Abel Curtis, esquire, were
appointed members of the board of war, by the governor and
council, to fill vacancies.3
Sir Henry Clinton to (General lHaldimand.
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
1CotLncil Journal, 1781 to 1784, 65.
2 Vt. Hist. Coll., Vol. I, 449, 450. The unions were dissolved in the absence of Ira Allen certainly, and of Ethan (in Connecticut) probably, and
much to their dissatisfaiction.
3 Council Journal, 1781 to 1784, 65.




254               The H8aldimand Papers.
people of Vermont, because, as to some of them, the Executive
will want the Legislative aid.
I am accordingly only desired to continue the intercourse and
correspondence with them, and to encourage them to expect that
if they adhere to his Majesty their interest will be properly attended to.
Aware of the necessity of observing the utmost secrecy in these
negociations, 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 our 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, 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, which may
lead to consequences 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.                       0. sent by Davis,
D. p Wynant Williams,
T. p John McKiel,
Including a copy in cypher of Lord George Germaine's letter,
No. 34, and circular one to General Haldimand."  " No. 35."
Governor Chittenden to General Washington.'
ARLINGTON, March 1 1 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 station in the empire renders it ineligible for you to ad-'Revolutionary Correspondence Letters to Wlashington, Vol. In, 492.




Chittenden to Washington.             255
dress me in my public 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 implying 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 August 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 acknowledgement of independence and sovereignty. For this we have appointed Commissioners, with plenary powers, to negotiate an alliance with the
Confederated States, and, if they succeed, to take seats in Congress. Should Heaven prosper the designs of their negotiation,
we please ourselves 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 nteed 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, THOMrAS 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.
March 18. The governor and council issued warrants to the
sheriffs of the several counties to collect the provision tax for the
1This resolution is most frequently stated as of the 20th of August; in
the Vermont records, but here Chittenden followed the date in Washington's letter. The resolution adopted on the 20th was reconsidered
and adopted on the 21st.




256                The Haldimnand Papers.
support of the troops, and these officers were empowered to levy
on the goods and chattels of such selectmen as had failed to collect
the quota of their town.'
Extract from G~ov. Clinton's Mlessage to the Assembly of New York 2
March 21. 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 communications, 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.
Here followed the affidavit of John Edgar, but it was not given
in the copy furnished, and the editor cannot supply it. William
L. Stone 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.3
DAVID ABEEL'S AFFIDAVIT.
State of Newv 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;4 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 1' Noix, a Major
1 Coeunil Jourzal, 1781 to 1784, 66-68.
2 From " The ememetbrancer (London) for the year 1782."
3 Life of Brant, Vol. I, 197.
4Alien did not start from Vermont for Isle aux Noix until May 1.Hist. Coll., Vol. i, 421.




Message of Governor Clinton.           257
Fay, on board a vessel called the Royal 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 delivered to the British, and further
this deponent saith not.                   DAVID ABEEL.
Sworn the 20tl day of December, 1781, before
RICHARD MORRIS,
ROBERT YATES.
xctracts of a Letter from --   dated JacnuarC y )5, 1782.
A gentleman of intelligence, who left New York on the 233d
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:
Fiist, 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.
Thicrdly, that they be allowed to remain neuter during the present contest, unless the war is carried within their own territory.
Iourthly, 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. Haldimnand, 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, ic., by whom they were laid before Justice Wm.
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
33




258                The iclcdim'and Papers.
short of an act of parliament would be sufficent 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
accordingly then done, and the result is expected.
I a a lso informed that Mr.       of the city of New York,
who claims land in VTermont, has it in contemplation to go thither
by the way of Connecticut. What commiission 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.
James Macdison, to Edmuwnd Pendleton. - [Extract.]'
The only event with which the period since my last
April 2. has enabled me to repay your favor of the 28th ultimo,
is the arrival of four deputies from Vermont, with a
plenipotentiary commission to accede to the confederacy. The
business is referred to a committee who are sufficiently devoted to
the policy of gaining the vote of Vermont into congress.
April 14. The legislature of New York passed two acts, one
in regard to the inhabitants in the territory composing the late
West Union of Vermont, and the other covering the whole of
Vermont. The first extended a pardon to all who had denied the
jurisdiction of New York, which pardon embraced every offense
except the crimes of treason and murder -treason in this case
being defined as " adhering to the king of Great Britain."
The other act confirmed to the grantees every charter of land
made by New Hampshire issued prior to any charter granted by
New York for the same lancls and provided that such New
Hampshire charters might be used as evidence in the courts of New
York. This act further confirmed all charters granted by Vermont
previous to the passing of this act, where the charters had been
1 Macison Papcers, Vol. i, 116.




The Vermont Question in Congress.          259
granted previous to New York charters for the same land; and
the Vermont charters were to be admitted as evidence. Persons
occupying and improving ungranted lands were to have patents
free of fees, except the cost of survey. But an indispensable
condition of all these privileges was, that the inhabitants of the
territory should renounce the assumed government of Vermont,
and return to their allegiance to New York: therefore it was provided that commissioners might be appointed by the governor of
New York, to treat and agree with commissioners appointed by
" the inhabitants residing in the said district of country, or by the
inhabitants of any town or towns, or district or districts," under
the provisions of the act. The lands of all who were attainted for
adherence to the king of Great Britain, or whose estates should
have become confiscate for such adherence, were excluded from
the act.'
In October, 1781, Vermont appointed commissioners to meet
commissioners of New Hampshire and New York, to adjust jurisdictional boundary lines. The above act is the answer of New
York. She would agree to nothing, except on condition of submission to her authority; and, ignoring thze governvment of Fermont, New York appealed to the people, or any town or towns, or
district or districts- thus imitating closely the conciliatory plan
of the British cabinet in respect to the states.
The Vermont Qtestion in Congress.
IN CONGRESS: April 17. The committee, consisting of 5Messrs.
Clymer, Carroll, Clark, Livermore, and Law, to whom had been
referred the proceedings of the general assembly of Vermont,
February, 1782, reported as follows:2
That Congress, on the 20th of August last, by the votes of nine
states, resolved as follows: on a recon-side-ration of the resolution
respecting the people inhabiting the New Hampshire grants, it was
altered and agreed to as follows:
It being the fixed purpIose of Congress to adhere to the guarantee to the states of New Hampshire a:d New York, contained in
the resolutions of the seventh instant:
" Resolved, That it be an indispensable preliminary to tthe recognition of the independence of the people inhabiting the territory,
1 State Papers, 173-176. 2 Same, 170, 171.




260               The Haldimand Papers.
called Vermont, and their admission into the foederal union; tlhat
they explicitly relinquish all demands of lands or jurisdiction on
the east side of the west bank of Connecticut river., and on the
west side of a line beginning at the northwest corner of the state
of Massachusetts, thence running twenty miles east of Hudson's
river, so far as the said river runs northeasterly i iis seiiera
course; then by the west bounds of the townships g an'ited by the
late government of New Hampshire, to the river rlu ilnigl frkoml
South Bay to Lake Champlain, thence along said river to Lake
Champlain, thence along the waters of Lake Chasnplaint to latitude forty-five degrees north, excepting a nec'k' of lantd Ibe ween
Missiskoy Bay and the waters of Lake Champlain;'9 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 coipetency of Congress to enter into the above resolutions, w'as full and comp-etie —
the concurrent resolutions of the Senate and i-Asseimblv of the
State of' New York of the fifteenth and nineteenth of Noovember
last, containing a protest against the authority of Congress in the
matter, notwithstanding; these concurrent resolutions, in letter
and in spirit, being, undeniably, incompatible with a legislative
act of the said state of a preceding day, to wit, the twenty-first
of October, 1779, wherein there is an absolute reierence of the
dispute between that state and the people of Vel.monlt, respecting
jurisdiction, to the fin:al arbitramlent and decision of Congress:
and from which alone would result to Congress all the necessary
authority herein:
That on the       day of -----  the people resiicing in the
district, called Vermont, in considering the said aclts of Coo ogress
of the 20th and 21st of August, did reject the propositioins therein
made to them, as preliminary to an acknowvledgment of their
sovereignty and independence, and admission into the federal
union, as appears by their proceedings on the files of Con gress
but that, on a subsequent day, the aforemenltioned resolutions of the
20th and 21st of August being unaltered nd un-repealed, and the
proposition therein contained, in the opilion of your comm1ittee,
still open to be acceded to, the said people did, in their general
assembly, on the twenty-second of February last, enter into the
following resolution:
" That the west bank of Connecticut river, and  line beginning
at the northwest corner of the commonwealth of M iassachusetts,
fronm thence northward twenty miles east of Hudsonls river, as
specified in the resolutions of Congress in August last, shall be
considered as the east and west boundaries of this state.
"And that this Assembly do, hereby, reliquish all claims and de



The TVermont Qtestion in Conyress.          261
mands to, and right of jurisciction 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 fully complied with the stipulation, made and required of them. in the resolutions of the 20th
and 21st of August, as preliminary to a recognition of their sovereignty and independence, and admission into the federal union
of the states, and that the cond.itional promise and engagement
of Congress, of such recognition and admission, is thereby become
a(bsotlte, and necessary to be peiforined; your committee therefore
submit the following resolut'on 
x That tihe district of territory, called Vermont, as defineed and
limited in the resolutions of Congress of the 20th and 21st of
A/ugust, 1781, be and it is hereby recognized and acknowledged
by the name of the State of Verrmont, as free, sovereign and independent; and that a commnittee be appointed to treat and coiner
with the agents and delegates friom said state, upon the torns and
mode of the admissimon of the said state, into the federal union."
Three attemnpts were miade to fix a time for the consideration of
this report, but in vain, as the vote of nine states coald not then
be had for the admission of Vermont to the union. This was
stated by Mr. Madison as the reason in these words:'     The consideration of the (committee's) 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."3
lwe"s'ts of'Ve-rmont to thIC Pre.sident of Con'gres.
April 19. On leaving Philadelphia, the agents and delegates
addressed the following letter to the President of congress:
PHIILADELPHIa, April 19th, 1782.
Sir: —Thelc situation in w-hich Congress has been pleased to
leave the business of our mission, as agents and delegates from
the state of Vermont, renders our attendance, at present, unnecessary.
As the reipresentat-i. ves of an independent and virtuous people,
we esteem it our duty to inform congiress that, in consequence of
their faith, pledged to us, in and by a resolution of the 20th of
August last, and by official advkice 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.
3 ifadison Pcaper's, Vol. i, 121.




262                The Haldimand Papers.
On the 31st ult. we,.ffiially, acquainted Congress with the said
compliance, 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 by the unexpected delay of Congress, in
executing, 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 Amierica 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 apolog'ize for being thus urgent, that unnecessary
delay may not deprive us of the benefits of the confederation.
W/ce purpose to leave this city to-morrow morning, and expect
to be 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 TICHENOR.
His. Excellezncy the PPresident of Con0gress.2
General SAecJ.hy ler to G-eneracd Washington.
April 20.  General Schuyler, from Albany, gave an account
of the examination of one Bettys, who had been taken prisoner,
and on him had been found a letter, supposed to be for Sir Henry
Clinton. Bettys pretended to have left St. Johns on the 15th.
The purport of the information was, that an attempt was to be
made to turn [or burn] Albany, by the aid of the Vermoneters and
Sir Henry Clinton.  Schuynler's comment was-   W hatever may
be the intention of th-e enemy, such a comnmullncation to a character like the infobrmant, [Bettys,] appears to me utterly impossible.3
1 The a       gents of Vermont were never notified to attend, and the subsequent adverse action of congress was ex part. For a clear statement of
the influences at work against Vermont, through the interests of other
states, see _Early Hfistory, 403-417.
2 t. State Paplers, 172.
3 Washinzgton Letters, State Department, Vol. LV, 360,




The Vermont Question in Congress.          263
There had been a report a few months b.efore [Sept. 1781,1 that
iAlbany was to be burnt by enemies from a different quarter, and
Heath and Stark were beseiged for help. Stark ridiculed the
panic thus, to Heath, from Saratoga:
The people of Albany are greatly alarmed for their city. They
require all the troops of this district, or a manjor part of them, to
prevent about fifty tories from burning their sloops, wives' and
houses; for it appears these turbulent sons of rapine have given
out most fearful threats against that sacred place. H1owever, sir,
unless you order to the contrary, I shall venture, in case I feel
confident of the enemy's approach, from lake Chamiplain, to order
all the troops now at Albany to this post, or to the Mohawk.'
H. - From the British Conmmis.sioners to Vermon1 t commi3ssioners.
Copy of a letter from A. B. to E. dated April [222] 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 generous and humane inclinations are
now seconded by much stronger powers from His M ajesty 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 endeavor to unite
Vermont to Great Britain, which (abstracted from all party and
political views) is due to the sincerity of men of honor. fUpon
this principle we do in confidence officially assure you that every
article proposed to you in his Exceliency's former offers will, as
that which was contended for by Verlmonlt, viz: the confirmation
of the east and west unions in their utmost limits, be amply complied with. This information is morie intended for the ears and
advantage of the leading people of Vermont who have manifested
a desire for a re-union, than fio public knowledge, and it is expected you will make it subservient to that purpose and the success of that object only, if stil' wished by you. But should the
Lord Cornwallis' mislortune or any other circumstance or view
have inclined you to alter your opinions and inclinations, we
request and conjure you by that candor 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
1 Memoir of Stark, 257; also 248, 249.
2The date of this letter is stated in Williamcs, Vol. I, 210, where an
extract is given.




264                The  cdfaldimanvd Papers.
attended with so much trouble and from which no-thing is to result,
cannot be expected. It will however inl the [auy] event afford his
Excellency infinite satisfaction to reflect that every ef-cbrt wnhillc
humanity, moderation and gec:ierosity could dilctate 1has l)een emlployed on his part to rescue from the gonerela calamity so principal a district of His 5Majesty's Colonies. 1-is Excellency expe-u
(if you remain in the opinion you held iast autumn) to hear from
you in the fullest ma.nner every transaction thatl has passed in Congress and the Vermont Assembhles relative to ttins afair t  he detneminiation of these meetings, and your sentlmuA-ents o1n the ultimate
resolution of your people respectingii  the wvisled for re-union. n - e
likewise expects that if you declare an intention to pursue such
measures as justify a continuance of neootiation that you will
meet A. at any coivenient place you will appoint in the vicinity
of Crown Point, as soon as possible, a lelrsonal interview being
in his Excellency's opinion the most effectual and safe method of
negotiating.
We made an attempt last February to heai from you by the
bearer, but failed.c  We hope this will bie atcntedd widt beot-ter
success, and that your answer may be such as to unurt1heo our
anxious minds knowing as you do hlow mnuch our character and
reputation depend on your closely adhering to the promises and
encouragement you have been pleased to give us. As we bhave at
your desire represented to his Excellency yeour candoi and honor
in so sanguine a manner as to induce tiam to entertain the highest
opinion of your veracity and up oihit inleltionsl, consOequtly,
should hle have reason to alter his sen-timents, le must in some
measure consider his confi1dnc in us to have been ill placed. -We
are assured your sentiments of honor are too delicci.e to admit of
this when in your power to prevent it, and that 1fom your know-ledge of business you will readily conceive  h     ow painful such
apprehensions must be to an honest soldi.r i  honored with the confidence of his general in a mat;ier of sgo reat importance. We
therefore still flatter ourselves thait you will not suf'er 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 Excellency not
only of our veracity, but of yours likewis-e.
WYe are, &c.
April 23. The London   ouocrant of this date gave, almost word
for word, the letter communicated to the assembly of New York
by governor Clinton, with his message, MBarch 211. It was repub-'Ante, 257.




General.caldimand to Sir Henry Clinton.     265
lishec in a hand-bill, [probably at Albany,] and a certified copy
was made by James Breakenridge of Bennington. It was a very
correct statement of propositions entertained by the commissioners in the secret negotiation.  lowv the secret was revealed, unless by one of the commissioners, 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 questions more interesting to the curious than important. Haldimand complained of treachery in the
letter following.I --  -en. Caldcima.1cn  to Sir' -entry (Cinton.
DUPLICATE.                        [April 28, 1782.]
Your Excellency's dispatches of the 22d February with an extract of Lord George Gervmaine's, I received the 6th inst., and that
of the 10th March aind triplicate the 15th, together with copies
of Lord George's to me by the January packet. The latitude for
negotiating with Vermont is so differently expressed in his Lordship's letter to me of the 2(6th 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,
ind as I amn totally uninformed of the plan of operation for the
ensuing campaign.  To continue any intercourse etc. with the
Vermonters, encouraging them to expect that their interest will be
attended to, proving a too general and ineffectual doctrine before
Lord Cornwallis' misfortune, now it would be matter of ridicule,
which is sufficiently manifested by their concessions to the Congress etc. relinquishing 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 adding 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 prosperous turn.
The crisis is arrived when coercion alone must decide the part
Vermont will take, and that measure should be determined upon
firom the minute the troops directed by Lord George to appear
upon their frontiers shall take post, and must be carried into execution as far as possible, after giving them sufficient notice, by
laying waste their country if they do not accept -the terms offered,
1 Ethan Allen Paper's, 377. See Early Hiistory, 457.
934




266               The falclimancd Pcpers.
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 enhance 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
attempted by the river and agreeably to Lafayette's proposal, communicated 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 country 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. Three thousand [men] were assembled and three
thousand more in readiness to cut off colonel St. Leger's retreat
last year had he ventured any longer in the country, in which case
they would have infallibly succeeded. Author[ities 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 spies of a single regiment of continental troops, that
would oppose this attempt, the facility of which has been fatally experienced.'  This movement I cannot effect before the middle
of June, not only from the uncertainty of what may happen here
but from a want of flour, having lived seven weeks past upon that
destined for the upper country, which must be replaced from a
purchase of wheat I have made to provide against the usvual delays
of the provision fleet, and that wheat cannot be ground before. In
consequence of the information contained ia your Excellency's letter of the 22d 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 course of the winter at Carleton Island,
from whence a detachment was to proceed the moment lace Ontario became navigable.  I have more to hope from the secrecy with
1The translator of the cipher fatally failed of giving the sense of the
preceding sentences, and the editor has ventured to guess it froml the
fragments of the original retained in the translation.




General Haldimand to Sir Henry Cllinton.       267
which this has been conducted and the activity of major Ross who
commanded, than from the strength of his detachment, which is inadequate to this necessary undertaking, but proportioned 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 aidc is communicated to you, is related. This proves that our confidence has
been somewhere betrayed, and God knows what bad effects it may
have in that affair, particularly if Allen and Fay have been sincere. About two months ago I sent a message to Allen to learn
what had passed in Congress relative to Vermont affairs; the messenger was taken on his way out, but fortunately destroyed his
dispatch; this has prevented my forming so good a judgment as
I might have cone 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 cdependent to a channel' through me. [In] the interest pursued of reclaiming 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 Maay I shall send a field officer of the provincials,
by appointment of a colonel Beadle, to confer with him at Havrel
in Connecticut.'  He has promised to prolo.se to me some matters
of importance. The character I have of him from many loyalists
who know him is not fattering to my hopes, but as something may
be discovered by the interview explanatory of Vernmont affairs, I
have embraced the offer. I send you two fast messengers with
this and shall detain the last afew days in hope of communicating
some news to your Excellency from Europe. The ice having broken up much earlier than usual, arrivals are looked for in a few
days.
3/ONTREAL, 28 April.
The duplicate of the letter of the 22d February and General
Robinson'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 Commisssioers to Veirmont Commissioners.2
April 30. His excellency has never lost sight of his first object;
and I am happy to be able in this to informl you, that the general
Hiaverhill, New EHampshire. Probably col. Timothy Bedle.
2 Williams, Vol. II, 211. Hist. Coll., Vol. I, 465.




268                The Haldimand Papers.
has lately received, by way of Halifax, full powers from the king
to establish V:+"''t government, including the full extent of the
east and west unions, with every privilege and immunity formerly
proffered to you; and he is likewise fllly authorized, as well as
sincerely inclined, to provide amply for *zi* vz and to make "i-'
brigadier general in the line, i'" —    eld offield officers with suelh
other rewards as your sincerity, and good services in iriingino
about the revolution, may in future merit. In short, thle geneal
is vested with full powers, to make such rewards, as nhe shall jludge
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 oni your recommendlltions.
Observations relating' to the influence of Vermo3-nt and t te territorial claims, on th e politics of Congqree8.
BY JAMNES MAD1SON.'
l782.   The two great objects, which predominate in the poliIlay 1. tics of congress at this juncture, are Vermont and the
WIestern) Territlory.
I. The independence of Velrmont and its admission into the
confederacy are patronized by the eastern states (New Hampshire
excepted) first, from an ancient prejudice against New York; seeondly, the interest which citizens of those states have in lands
granted by Vermont   thir'dly, bat principally, from the accession
of weight they will der ive r'om C it in congress. Nlew Hiampslire
having gained its main object by the excluosion of its territory east
of Connecticut river from the claims of VTermont, is already illdifferent to its indoeiendence, and will probably soon combine with
other eastern states in its'favo.
The same patronage is yielded to the pretensions of Vermont by
Pennsylvania and Maryland, with the sole view of re-enforcing
the opposition of claimis oi western territory, particularly those of
Virginia, and by New Jersey and Delaware with the additional
view of strengtihening the interests of the little states. Both
of these considerations operate also on Rhode IsLand, in addition
to those above mentioned.
The independence of Vermont andc its admnission into the union
are opposed by New YLormk for reasons obvious and well known.
The like opposition is made by Virginia, North Carolina, South
Carolina and Georgia. The grounds of this opposition are, first,
Madisson Pajers, TVol. l 122. Lite andcc  Wijritinys of Washlitngtoa, Vol.
vn, 547. - Mr. Sparks in a oc states tha  cy  of this ilportant and
interesting paper was given tio hii by Mr. Madison. In Early Wistory,
406 to 408, Hiland Hall gives various references on this paper.




Madison on Vermont and the Public Lands.       269
habitual jealousy of a predominance of eastern interests; secondly, the opposition expected from Vermont to western claims;
thirdly, the inexpediency of admitting so unimiportant 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 a 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
fturth., ought to be decisive with Virginia.
II. The territorial claims, particularly those of Virginia, 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 revenne; secondly, by the envy an(l jealousy naturally excited
by superior resources and importance. New Jersey, Pennsylvania, Delaware and Maryland are influenced 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 Virginia, 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 Vermont, as the latter is with
Pennsylvania and MIMaryland to the former. The general policy
and interests of these two states are opposed to the admission of
Vermont into the union; and if the case of the western territory
were once remioved, they would instalntly divide from the eastern
states in the case of Vermont. Of this, Massachusetts and Connecticut are not insensible, and therefbre find their advantage in
keeping the territorial controversy pending. Connecticut may
likewise conceive some analogy between her claim to the western
country and that of Virgini'a, 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 Virginia, 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. Sle urges
it more with the ihope of obtaining some advantage or credit by its
cession, than of ever miaintaining it. If the cession should be
accepted, and the affiair 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.




270               The Hnaldirnand Papers,
Internal Disturcbances.
As soon as Vermont had dissolved the East and West Unions,
the adherents to New York, in southeastern Vermont, renewed
their efforts against the Vermont government, using every means
to inflame public opinion in that direction. March 12, a town
meeting at Brattleborough voted that, in their opinion, the Vermont
government had entered into a treaty with the British; that their
allegiance was due to New York, and to withdraw all allegiance
from Vermont; and that if a sufficient number of other towns
would agree, they would petition New York to establish a civil
government over them. March 13, a meeting with like action was
held in Guilford; and on the 14th anoth-er in Halifax. On the
20th, committees of the three townts met, an agent was appointed
to apply to New York, and circulars were sent to six other towns,
which were counted favorable. The petition to the legislature of
New York asked for the establishment, by New York, of civil
government on the grants, " with sufficient authority and force
to put it into execution."
Nothing important having been accomplished by this movement,
another was made, April 26, by Charles Phelps, of TIiarlblorough.
He prepared a vigorous remonstrance, charging the principal men
of Vermont with treason; complained of taxes exacted by Vermont, and the great inconveniences and sufferings of the adherents
to New York; and as remedies asked that a regiment be raised
in Vermont under the authority of New York, and a full complement of civil officers commissioned. The committees of the three
leading towns adopted this remonstrance, and sent an agent with
it to governor Clinton.
May 6. Governor Clinton replied, in a letter, in which he
promised his endeavors to obtain commissions for the required
civil and military officers. Quoting the declar,.tions of congress,
that the three claimi g states should abstain from exercising jurisdiction over persons not yielding allegiance, he affirmed that New
York had complied, and c' should any person under pretence of
authority from the assumed government [of Vermont] attempt to
enforce their laws, you will perceive that resistance by force is, in




Internal Disturbances.              271
every point of view, justifiable, and the faith and honor of congress is pledged for your support."  He declared further, that
there was the fullest evidence of a'" criminal and dangerous intercourse 9 between Vermont and the enemy, and this he would
have them use to influence the friends of America among the Vermonters. He concluded by saying, that if persuasive measures
sbould fail and congress delay or decline to act, no alternative
would be left to New York but to adopt " compulsory measures."'
About this time —in the spring of 1782, says Ira Allen -a
loyalist officer out of Canada, having raised seventeen recruits in
New York, passed through Vermont, and on his way captured
two Vermont officers. Colonel Ira Allen directed a pursuit and
capture of this party, with success. The prisoners were brought
to Sunderland, examined by the governor and Ethan Allen, and
committed to Bennington jail as prisoners of war. Ira Allen informed the British commissioners in Canada of the matter, and
required about double the number of prisoners in exchange, that
the people of Vermont might be satisfied; and this requisition was
honored. In the meantime a strong party was developed, in and
about Bennington, who were opposed to any negotiation with the
British, and threatened to prevent the return of the British prisoners. Governor Chittenden promptly ordered a military force
to take the prisoners from Bennington, and march them to the
frontier to be exchanged; which was done. Colonel Seth Warner
then appeared, with a committee from Bennington, and a warm
altercation ensued, between them and governor Chittenden, the
complainants threatening to raise a regiment and bring the prisoners back. The governor replied, that he had acted by the authority
of his council, and that colonel Ira Allen's regiment would be
sufficient to execute his orders. He therefore advised the committee to return to Bennington, and quiet the people. The dispute
subsided; and in due time forty prisoners were returned by the
British, embracing not only citizens of Vermont, but many citizens
of other states, who were, however, included in the receipt of
major Fay, the Vermont commissary of prisoners.
Eastern Vermont, 419-422.
2 Fermont Historical Collections, Vol. I, 459, 460.




272                Th1e Haldimnand Papers.
The resolution, first following, doubtless is the action referred
to by governor Chittenden:
STATE OF VERMIONT IN COUNCIL, 
Arlington, 7th May, 1782. 
The council having taken into consideration the manner in which
the prisoners lately taken should be disposed of, whereupon
Resolved, that Joseph Fay, esquire, Commissary-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 ibe exchanged, and the
remainder to remain in close confinelment until further orders from
this council.
Attest, — TrHOMATs TOLMAN, D.,Sec'y.
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 and effectual measure to raise a sufficiency of provision
at [their] cost to support the number of soldiers sent from such
town, until they can be otherwise supplied by the present crops
on the ground.
Attest,-JOSEPH FAY, x  Secey.2
In executing the Vermont act of February'session, to raise
troops, the state officers determined to draft the quota of Guilford
from adherents to New York.  Stirred up by governor  Clinton's
letter of the 6th, his adherents in Guilford determined to resist
Vermont 1" with lives and fortunes."
May 10.   Accordingly when, on the 10th of May, on an order
by the Vermont selectmen of Guilford [there were New York selectmen also,] the sheriff of Windham county seized property to
meet the amount expended by the state in hiring a man to do military duty in behalf of Guilford, the property was forcibly rescued; for which, a presentment was made by the grand jurors
of Windham county at the next court [September] of thirty-two
persons.3
Council Journal, 1781 to 1784, 68.
2 Council JoZunal, 1781 to 1784, 69.
Eastern Vermont, 424-426.




General Helcdzimand to Sir Henry Clinton.     278
May 17.    Representatives of Brattleborough, Halifax, and
Marlborough met and prepared a remonstrance and petition to gov.
Clinton, complaining of " intrigues, conspiracies, and insurrections 5 by Vermonters, and declaring their purpose to defend their
rights by force. But their defeat would be certain, unless they
were aided by the governor, of whom they once more asked civil
and military officers, also permission to convey prisoners to New
York jails, and engaged to firnish quotas of men and supplies for
the war.  Charles Phelps was the bearer, who also bore a formidable list of arguments - the petition and the arguments being his
own work. These were presented to and favorably received by
the New York authorities.'
I. -- Gen. tialdimcandt to Sir Henry Clinton.
IMONTREAL, 27th May, 1782.
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 this 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 increased by eastwardly winds
that I shall not be able to appear upon the frontiers so early as is
mentioned in my last to you, but I do not look upon this as unfortunate, having since received letters 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 revolution, 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 purpose
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 is returned without having
seen him, although two days within a league of him. H-e sent
him word that the country was so watched that he could not risk
an interview, but promised every assistance 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
1Eastern Vertmot, 27-427-9.
35




274                The Haldimand 2Papers.
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 nevertheless proceed with all possible dispatch to
carry into execution the instructions I have received from Lord
George Germaine, 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 messengers for intelligence were hanged
lately at Albany.                                   F. H.
May 31. The town of Newbury, Vermont, voted to join New
Hampshire.'
1782.   In response to a petition of the adherents to New
June 5. York, through Charles Phelps, the New York council of
appointment commissioned Phelps and foturteen others as justices
of the peace for Cumberland [under Vermont named Windhanm]
county, with ample powers to arrest and imprison the Vermonters
who should trouble them; and commissions were also issued to
officers of the regiment established in that county some years before by New York. Gov. Clinton instructed the colonel of this
regiment [Timothy Church] to protect the country from the depredations of the enemy, but to exercise authority over only such
as professed allegiance to New York, "unless the conduct of the
usurped government" should render " a contrary conduct indispensably necessary for the immediate protection and safety"' of
those whom he was ordered to defend.2
June 15. The general assembly met at Windsor, for an adjourned session, on the 13th, but a quorum did not attend until
the 15th, when Massachusetts, through an officer, honored the independent sovereigntty of Vermont:
IN COUNCIL: Upon an application to this council by Mr. Benj.
A. Jacobs of Salem in the commonwealth of Miassachusetts, producing a letter directed from the Commissary-General of prisoners
at Boston to the Commissary-General of prisoners at Quebec, and
desiring a permit for the purpose of passing into Canada to nego1 Index to Stevens Papers, 82.
2Eastern Vermont, 431, 432. Clinton Papers, No. 4574.




Ethan Allen to General Haldimand.           275
tiate an exchange of a number of prisoners agreeable to the request of said letter; and colonel Chase appearing aind informing
the council that from an acquaintance with the said Jacobs he
could recommend him as a gentleman of good character; therefore
Resolved, that it be and hereby is recommended to his excellency the governor to grant a permit agreeable 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.)
r     The permit was altered as will appear by the copy on file.'
H. —Copy of a letter from C.' to HIis Excelleney, General Haldimand, the  orning of the 16th of June,. 1782.
Sir:- I have to acquaint your Excellency that I had a long
conference with..... [a British agent] 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 repair to His
excellency, and would have set out yesterday had not the itntelligence of the arrival of... postponed it until to-cay, I thought
it expedient to wait your Excellency reconsidering the matter,
after discussing 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 exwended connection in favor of the
British interest, which is nowi working at the General Assembly
at Windsor near the Connecticut River.
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 hadc 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 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
Council Journal for that, session, 3, 4.'Probably Ethan Allen, Ira being then at Windsor. It will be seen
that, in the following month, Ira Allen, at Quebec, addressed general
Haldimand, and his letter was filed " G."




276                The HCaldimCtan  Papers.
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 favor. I am, &c.
N. B.- If it should be Your Excellency's pleasure, after having conversed with the gentleman who will deliver these lines,
that I should wait on Your Excellency at any part of Lilthe Chalmplain, 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 everything in my power to render this state a British
Province.1
Report of Vermont 8 Agen-ts to Congress, cand action (f the General Assemzbl6y, E ne session, 1782. 
IN JOINT ASSEIBLY: June 17, 17.82. His excellency the governor and council having joined the Assembly in a committee of
the whole, to hear the report of the honl. Jonas Fay and Ira
Allen, esqrs., and Abel Curtiss, esqr.; and of the honl. Moses
Robinson, Jonas Fay, and Paul Spooner, esqrs., and Isaac Tichenor, esqr., late agents to congress, his excellency in the chair,
Micah Townshend, esqr. clerk: st, a resolution of the governor
and council, appointing the honl, Elilisa Paytne, 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. 17822, read.
3d, a letter from the houl. Samuel Livermore, chairman of a committee of congress, to Messrs. Allen and Fay, dated Feby. 1st,
read. 41th a letter from Messrs. Fay and Allen -to IMr. Livermore, chairman, &cG. dated o-t Feby. 1782, readd. 5th, a paper
delivered by MHessrs Fay and Allen to a committee of congress on
the 6th Feby. read.  thl, a memorial delivered by Messrs. Fay,
Allen and Curtiss to the committee of congress, dated 17th Feby.
1782, read   [7thi Wmri-tten obiservations delivered by Messrs.
Fay, Allen, and Ca t-iss to the committee of congress, dated 12th
Peby. 1782, read. 8;th a letter to the president olf congress from
Messrs. Pay, Allen, and Curtiss cdated Lith Feby.'1782, read.
9th, a letter fromn the same persons to the president of congress,
dated 16th Feby.'17'2, read. 10th, a letter from the same persons to the presideit, dated 21st Feby. read. In the report of'Ethan Allen had been suspected by WaVshington and of course by
other leading men, and had been watched by Scluyler through agents
selected by him.
2Assembly Journalc 1778-1784, 401-410.




Action of the General Assembly.            277
honl. 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 governor,
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.  Col. Allen then presented to the committee an address to the governor and council and general assembly,
respecting his office as treasurer, which was read.
IN GENERAL ASSEMuBLY: June 19. The committee appointed
to prepare a bill for suppressing the present disturbances in the
county of WTindham, brought in an act entitled " an act for the
punishment of conspiracies against the peace, liberty, and independence of this state," and it was recommitted.
On motion made,   e.solved, that the honl. Jonas Fay and Paul
Spooner, esqrs., be and they are hereby requested in their circuits
to the county of Orange to call on the disaffected inhabitants in
the northern towns in the county of Windsor, and such of the
towns in the county of Orange as they shall go through, and explain the proceedings of Congress to them in a true light, and use
their utmost endeavors to uinite the disaffected people to this government.
By a resolution in the same form, Isaac Tichenor was requested
to visit and quiet the disaffected in Brattleborough, HIalifax, and
Guilford.
June 20. An act entitled "6 an act establishing the constitution
of Vermont and securing the privileges of the people," was read
and passed the house.'
June 21. An act entitled: an act for the punishment of conspiracy against the peace, liberty, and independence of this state,"
was read and passed the house.2
For this sharp act, see State JPacpers, 454.
o More than one writer has amused himself with the assumed -absurdity
of sLuch a legislative act, while in fact it is absurd only when tried by the
modern rule, which subordinates i'he legislature to the constitution. The
charge of absurdity rebounds upoin tese citics lwhen the fact is recalled
that the general assembly of Vermont was not a body of limlited powers,
or even of co-ordinate powers at that time, but, by the constitution itself,
"the suplvremze legislative powe"to  was " vested in a houzse of represenltatives of
the freemen or comzmowealth or state of Vermnont." — [State Papers, 246.] In
truth, therefore, any legislative act, for the purpose  of establishing the
constitution," would have been neither unconstitutional nor in any sense




278                 The.Haldimand Papers.
On motion made by Mr. Stephen R. Bradley, Resolved, that the
secretary be and is hereby directed to send attested copies of said
act unto the towns of Brattleborough, Halifax, Guilford, and ilarlborough, and that he send printed copies of the said act to the
several towns throughout the state, as soon as they can be printed.
improper. This was the purpose of the act. Had the legislature of 1782
attempted to change the constitution,'the criticism of modern writers
would not be altogether unreasonable, since the constitution provided another mode of amleendent, and they muight r from that act argue that any
other would be unconstitutional. But even on thlis supposed case it
should be observed, that the original constitution was the handiwork of
the repr)esentatives of the tovwns, and then stood, as it still stands, on their
authority alone; and hence, should the tozovs at any time, by their representatives: ccangle the cozstitttiona all that could be said is, that both acts
were by the same Vpower and the last act would thereibre be just as good
as was the first —botl in fact depending on the subsequent acquiescence
of the people. To judge the legislators of 1782 fairly, we must take their
view of the case. The original Termont town charters were royal gralts,
by which the right of sel —government in annual March meeting was accorded to the glratees'5 agrleeable to the laws and customls of the province,- w\hich wats then iNew Hllamshire; but in 1764 that province relincuished the jurisdiction of these towns, aid New -York never acquired it.
In 1777 these towns, by delegates in convention, declared independence,
and then each town was as perfectly sovereign and independent as was
the state iwhich they formed, and in 1778 orglanized. The tovwns confessed allegiance neither to the King, nor to New Hamlpshire, nor to Niew
York, and they were under no written bond even to each other, until
they formed the constitution. The " conventioins" were only the towns
acting by their delegates, and the " council of safet'y" was created by the
convention of town delegates which framed the constittiton. Chittenden, in tlhe letter to congress, Jan. 9, 1783, thus stated the facts as to independence:
" The inhabitants of the territory of Vermont have lived in a state of
independence from their first settlementl to this day. Their first mode
of goTvernment anld managloement of their intelrnal police, was very shii1ar to that of the Uniit ed Siattes in their first se.paration 1' om the British
government. They were governed by Colmmittees of Safety, alnd Conventions; which last was their highest judicature fir the security of their
just rioghts, &c., " andi whichi, on the loth dalT of Janut- 1777 declared
themselves to be a free and independent state, and have, fi'om -I;heir first
sett'lemient of the country, maintained their independence, cand protected
their lives and p1-roperties against'll invaders, aind date their. f'reedom
from the royai tadjudication of the boundary line between New i York and
New Hampshirie, the 20th of July 1764, and ale now in thle eighiteenth
year of thei r independence.'
Independent as a state from 15tlh January 1777, bult independent also
from 20th July 1764. How, in any civil or political organization, but as




Action of the General Assembly.                279
Resolved, that Mr. S. R. Bradley be and is hereby requested to
bring in a bill empowering the captain-general to order such men
to assist the sheriffs in the several counties in the execution of their
office, as he shall judge best.
tozwns? T hese towns by their delegates, framed and adopted the constitution, and in it reserved supreme legislative power to their representatives. In 1779, for the purpose of quieting doubts, their representatives
declared that the constitution as then existing, and as it should be in future amended agreeable to the 44th section, [by the council of censors and
conventions of town delegates,] " shall be forever considered, held, and
maintainec, as part of the laws of this state." —[State PaC)ers, 288.] Mr.
Slade suggested in a note that the doubt rose inasmluch as the constitution
had never been sanctioned by the people —from which we are obliged to
dissent, because the remedy would not cure the disease. The rule sizniia sinilibus ctGrantur would not work here. The preamble to the act of
1782 alleges the same reason: it was " to prevent disputes respecting the
legal force of the constittion." In conjecturing the most reasonable
ground for dispute, both in 1779 a1nd 1782, we think the most reasonable
one is that there were towns organized and represented which were not
represented in the convention that adopted the constitution, and had
never formally acceptel it. Mischievous men might raise doubts as to
the obligations of these towns, that the act of the legislature, iin wzhich
they were repreesented, would remove. By the act of 1782, the new towns,
as well as the old, did accept the constitution, and thus it became " established" over all the towns at that time, as it it subsequently was in
new towns by their grants fiom Vermont and representation in constitutional conventions. If the conjecture be incorrect, this note may not
unfitly stand in history as a testimony to t the former dignity and importance of the towns, which are now well nigh lost. By the institution
of the senate, the towns lost their supremacy in legislation; and by the
convention of 1870 they surrendered their supremacy in the adoption or
rejection of amendments to the constitution.
The other provision of the act of 1782 declared that all citizens of American states might have the privileges of residence and the protection
of the laws for their persons and property. The original constitution
gave these privileges to " foreigners," and this part of the act may have
been designed to meet a doubt whether the word c  foreigners" included
citizens of other American states. The act certainly was not inconsistent
with the spirit of the constitution.
On the whole we think this act hardly proves either ignorance or absurdity against the legislators of the infant state. There were not many
learned men amlong them, and they did not have the federal constitution
as a model; but having made a rough-hewn state, they were able to preserve it, for more learned men to polish and adorn.




280                The IBaldiqmanad?Papers.
On motion made, Resolvecd, that it be and it is hereby recommended unto the honl. Moses Robinson, esqr., chief judge of the
superior court, to call a special superior court to be holden in the
county of Windham as speedily as possible, as the exigencies of
the public in that quarter require it.
An act entitled " an act for empowering his excellency the governor to appoint and commissionate and order such number of
officers and men to assist the sheriff as he shall judge expedient,"
was read and passed the house.
Resolved, that the members and officers of this house shall not
divulge or make public the act empowering the governor to raise
men to assist the sheriff in his office and duty, and directing the
commissary to furnish the men so raised with provisions,. and the
resolve directing the chief judge to call a superior court in the
county of Windlham, on penalty of incurring the censure of this
house.
Among the acts of this session, in addition to those named in
the above extracts from the journal, were
An act adopting the common and statute law of England, [as
far as applicable, and except so much as was repugnant to the
constitution.]
An act defining and limiting the powers of the several courts
within this state.
An act in addition to an act directing and regulating thle levying
and serving executions. [Articles of personal property, for want
of money, to be appraised to the creditor at the sign-post. A temporary act, to bridge over very " hard times."] 
H. - General Haldceimc2adc to Sir GuEy Ctarleton.
[No. 1.]                          QUEBEC, 22nd June.
I was last night honored with your letter of the 21st May,
communicating 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 has not appeared, and I much
fear 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. IMy 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
State Papers, 449-455.




Geteral Hfaldiimandc to Sir G+ty Caorleton.  281
present Ministry with regard to the war and this country, and
your letter has relieved me from a very embarrassing situation,
the unavoidable delay mentioned in the letter here referred to
having luckily prevented 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 dispositions and endeavours bor peace now existing prove ineffectual, and
offensive measures be unhappily renlewed, those troops will be
ready for any excursions that may be found necessary on the frontiers. I The confidential 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 neighbor provinces if left to their mercy. The
21st May I received letters notifying Mr. Ellis' appointment, and
some from Lord George Germaine 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 a
duplicate of it by a small vessel that will sail for New 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 conclude by assuring you of the
pleasure a frequent intercourse will always afford me, having the
honor to be, with great regard, &c., &c., &c.,
FRED'K. HALDIMAND.
1The instructions of the British Secretary of War to Sir Guy Carleton,
as commanlder-in-chief of the British forces in America, were dated
April 4, 1782. I-He was instructed to withdraw all the British troops from
New York, Charleston, and Savannah, to Halifax; and thus, by disarming, attempt " to captivate the hearts and remove every suspicion of insincerity" from the United States.  Thus England yielded to one
indispensable condition precedent to a treaty of peace, required by congress June 17, 1778. -Ante, 14. The French Minister treated it as an
attempt to procure a selparate peace with America, thus severing her
fiom France, and leaving England to turn all her energies againstL
France. — Life cd icWritings of Washinyton, Vol. VIII, 296, note.
36




282                The cHaldimand Papers.
Gen. Ifcldimand to Sir CG-y Carleton.
Major-General Riedesel has just informed me that the officers
&c. of the Brunswick troops of the convention are exchanged since
last November. I wish they had been sent by conveyance of tlhe
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 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 endeavor
to destroy them. These under two scouts to intercept the rebels
and Indian scouts toward 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 measures, which the necessity of the
service and the want of information have occasioned.
Indorsed: " General Haldimand to Sir Guy Carleton, 22d June,
1782. Received July 26th, 1782. No. 7."
G-en. laicddimand to Sir G-uy Carleton.
DUPLICATE. [No. 2.]              QUEBEC, 23rd June, 1782.
Sir: -The enclosed is a duplicate of a letter in cypher which I
yesterday had the honor to dispatch for your Excellency overland.
The cypher is very tedious, but the frequent and fatal accidents
which have befallen messengers in'the neighborhood of Albany
oblige me to take every precaution, and although your Excellency
receiving this is a matter 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 loyalist 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
Excellency that I have rigidly adhered through many applications
to the system you adopted, of not entering into an exchange until
thle engagements at the Cedars and others should be faithfully accomplished by the enemy. I took occasion to exzelde thie people
of Vermont from this resolution0, hoping it mnight 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.'
1March 9, 1782, the governor and council paroled a prisoner, " Terence, son of Dr. [George] Smith," to visit Canada.-Council Journal, 65.




Ira Allen to General Haldimand.           283
I could have wished that arrivals fromn 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 twentyfour 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 arrivetime 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,
FRED'K HALDIMAND.
1782.   Early in this month, Ira Allen was again sent to CanJuly.  ada, 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.' This fact indicates that Ira Allen was the author of the following letter:
H. - Copy of a letter from lMr. G. to His Excellency General
ffaldimand.
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 government, and comprehending Vermont with
the tract of country called the western union, between the west
line of Vermont and Hudson's river, which charter if it could be
procured would much facilitate the present negotiation, as it would
enable near three thou1sand families, inhabitants in the western
union, to join Vermont under the sanction of an act made in congress confirming all charters and government lines as established
by order of his Britannic Majesty before the Declaration of IndeFpendence. This body of people will be of greater use in bringing
about the wished for revolution, as they are mostly in favor of
government, 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, a-sisted by the authority of congress. The 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 en1 Williams, Vol. in, 211.




284                The HcIaldimand?, Paers.
deavors to accomplish it. I would therefore in behalf of my employers propose, whether it be advisabIle for his Excellency to
write to Governor Skene for this charter so much wanted.' In the
interim, every possible exertion will be made to re-establish such
private union between Vermont and the west clainis, on such a
footing that whenever it is found expedient and prudent tlhey will
be able to raise a considerable ibrce to act in colnjunction with the
troops your Excellency shall send to protect theml and that nothing may be left undone which can promote -the present negoitiation,
we will, if your Excellency thinks proper, irmmediately send a numaber of private agents into the New York and New Englland Provinces, to engage and send to settle in Vermont as many loyal subjects as possible, and likewise prepossess the principal men of the
New Englandl Provinces in favor of Vermont, by selling them
tracts of land on its frontiers; and further if your Excellency thinks
it advisable we will endeavor to raise a regiment or two of able
bodied men from the other provinces, and station them in Vermont, under pretence of protecting the frontiers. In raising these
men great care would be talken 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 commissioned
in the name of the governor of Vermont by your Excellency's orders and the advice of such commissioners as your Excellency
shall appoint for that purpose. Such regiinents to be supported
by the King, and to be always rea cdy to act in or lot of Vermont
as your Excellency shall order.
Thus far I have not ceviaiaed fi om the principles of my elmployers, the ruling men of Verinmont, but miy -fiar least something yet
interferes to prevent our re-union with Great Britain induces me
to propose to your Excellency an inmediate lecognition of' Vermont under government by a seeret treast with them, to be signed
and ratified by governor Chittendeln general Alieen adll tle coulncil, declaring Vermont a British Province and enogaging to use
every prudent mieasure to opromote His litajesty s govelrnment un-til
your Excellency can priotect themi in a public declaration.  Although I am not authorized to make the propositicon yet I am1 persuaded one of the samne purport firio  your Excellency would be
acceptable to the Governor and Legislative authihority of Veremont.
1A suggestion evidently intended to gain timle? which Haldimand was
as anxious for as vwas Allen. -See -Haldiiland's letter to Carleton,
No. 3, post, 288. Allen and others undoubtedly hoped that such a charter had been lmade out for Skenet 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.




Ira Allen to a(eneral Haldimand.          285
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 mtost of the populace
in that state are desirous to become a British state on the conditions proffered by 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 AVermont 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 govern-.lment'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 proceedings in
the assembly.
I think Vermont contains about eight thousand men of all denominations including the west union, and that out of these two
thousand may be raised for a standing militia.  These with the
assistance of four thousand British troops would probably be able
to defend the frontier as far as the New City I in the summer season, but I don't think they could keep tleir ground in winter further south than Ticonderoga, except they were strongly garrisoned
at the Half Moon Ferry, where I suppose six thousand men might
with assistance of the inhabitants keep a good fort well supplied,
and if the Vermonters had iaoney they could nearly supply such a
garrison with provisions till it, could have relief fromt Ticonderoga,
where I think it will always be necessary to keep a British garrison. The Velmlonters would not assist in keeping a garlison 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 acknowledled andc supporited.  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 reunion with Britain comp)leted, 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',e al absolute
1Lansingburgho




286               The calidimand Pcqpers.
necessity for some of the King's money in Vermont to enable us
to carry into execution the foregoing plans or such of them as may
meet with your Excellency's approbation, especially should your
Excellency expect to procure provisions 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, whicl while it helps us will in proportion distress them.
I have the honor to be, &c., &c.,
Enclosure.         (Signed)
fIostile l;iorvemnents of AcUderents to  e'ivu Yoork.
The manner of Isaac Tichenor was very attractive and his persuasive power great, and these talents were faithfllly used in the
discharge of his delicate mission to Windham county, but by no
means to the effect desired. Under the inspirations of the ardent
Phelps, and the encouragement from gov. Clinton to resist, the
adherents to New York had reached a violent stage. On the 10th
of July, Charles Phelps wrote to gov. Clinton that the Vermont
meni in his region would not dare interfere with the adherents to
New York, " if people do not come from Bennington county with
weapons of terror to scare or friohten or fight us."' That was a
vision of " Old Ethan,: and Phelps begged Clinton to ask for
four field-pieces froml gen. Washington, wherewith to tillghten in
turn the terrible men of Bennington.'
July 15. Further to encourage gov. Clinton, Daniel Shepardson wrote that some of the more norther-n toowns would favor N ew
York, provided assurance could be given of aid fiomi head-q0uarters  and on the saume day, the adherents to New York nmet at
Guilford andt iadopted a petitiion, praying' ov. Cliinton to maLrch
the New York militma agamin:st Benningtonl county, il case the Vermonters there should nmarch into' Cumberland coun;ly.
July 24. The New York council otf' alppointmnilt was agaain
sumlmoned, and it completed a list of military'apbpoilntiments for
Cumberland [WTindham] county, and arranged for six companies
in the towns of Brattleborough, Guilford anld Halifax.
Gav. Clinton admitted, however, that Mr. Tichenor's eibst.s L  in some
degree defeated the effect which the acific lmea sures of our [TNew York]
legislature would have had on them  -referring,, oubtless to the New
York acts of April 14,1782.-Eastern Vermont, 433, 434. Early Hiistory^,
394, 471.




Nez York,Commissions Officers in Vermont.   287
July 26. With these commissions, gov. Clinton sent a long
letter, and under the circumstances one more prudent than some
that had preceded it. He confessed that he could not stipulate
positively that any body of troops would march for the defense of
his friends, even should Vermont resort to compulsion. While
he would not discourage them in opposition to Vermont, he did
not much encourage them. I-e declared that he had no reason to
believe that New York would ever relinquish her claim, nor did
he think it probable that congress would decide in favor of
Vermornt and he added -  but candor induces ime to declare also, that there is little prospect of their deciding in favor of us."
However favorable to Vermont certain reports to congress might
have been represented by'Mr. Tichenor to be, they' were introduced into congress, not in expectation that they ever would be
adopted, but solely with a view to keep the spirit of defection
alive, and to counteract the endeavors of that state [New York]
for the re-establishment of its jurisdiction by pacific, conciliatory
measures."  He put his friends in Cumberland county on their
" zeal and prudence."
The effect of this letter, on those to whom it was addressed, was
rather to put aside all prudence, and leave only zeal, which soon
ran. into madness. On one occasion a party of adherents to New
York met and pledged themselves to'" disannul all the authority
of Vermont," and oppose it " even to blood.'"
Janmes MIadison to Ecimzuncd Randolpm.2
July 16. Messrs. Montgomery and Root returned yesterday
from their eastern deputation.  Mr. M. adds that the current
opinion is, that a vessel arrived at Quebec brings a royal charter
for Vermont; that the people there are in much confusion, and
many of them disposed to re-unite with New THampshire. A letter from [to Mir. Livingston, fronm Mr. Livermore, [of N. H.]
corroborates this good news. It imlports 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.
1 Eastern Termzot, 434-438. 2 M.1adison Papers, Vol., 151.




288               uThe Icaldcimand Paper's.
HI.- C-en. Haldimand to Sir GClty Carleton.
[No. 3.1                     QUEBEC, 28th July, 1782.
Sir: —Since my last of the 23rd ultimo, a duplicate of which
is enclosed, I have been honored with your Excellency's letter of
the 23rd of May, covering a duplicate of the former one and soile
Gazettes, for which I beg your Excellency to accept my thanks.
Their interesting contents had arrived sometime before, by two
small vessels from the West Indies, but utlti] the receipt of your
letter we had no idea that so formidalbe an attempt had been directed against us. It has been so happily and completely fiustrated that it is scarcely probable it can be resumned this year.
A letter received from Lord Sheiburne dated 22nd of February,
cautions me against nl a rmlament then litting out at Breast, and
to be destined against New York, Hal li-ax, and Canada, but more
generally believed for the latter. I was instructed to station vessels below for the purpose of carrying:; to you iunmmediate intelligence should a flee, appear, but not having any proper for that
service, I communiicated his Lordship)csl directions to tle senior
officer of the Royal Navy in the riverl. Two frigates are cruising
in the gulf alnd three more (here for re reshmlnt) will soon join
them, besides the Newfoundland cruisers, who should and probably
have orders at all times to give intelligence to'mIew York, as much
[more] time must be lost in sending unp, this river than to New
York. But the season is so far advanced that I shoulld think tller
is biut little to apprehend from inv;asion tills year.
I have intelligence froml Albany that Itr. Washington has very
lately revisited that place and the adjacent posts, ald has given
orders to fortify Schenectady and Saratoga, and to blockade Albany. The object 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 conveyed to them. This brings
me to the object of my letter.
The person said in my last to be expected froml Vermont is arrived and has brought the strongest assurances firioml most of the
leading inen of their wiishes to re-unite with tile -mother country.
These have gained over to their views oiie half of the populace,
and are doing all in their power to influlenc the rtemaining part.
I have had many conversations with their agent, the substance of
which is contained in his official letter to me. A copy of it and
of E. A.'s letter I enclose for your Excellency's perusal, that you
may see the real situation in which mly negotiation with the people now stands, and make such use of it as you shall judge fit in




Ge-eral e H aldimanld to Sir Gt#y carleton.  289
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 consequence 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 VermIont to
the King's obedience the primary object of my attention.
Uninformed as I am of the intention of acdministration (except
in general terms that they are pacific) I can no longer act with
Vermont upon anyT certain grounds, until I receive instructions for
that purpose, for which I have written to Lord Shelburne, whose
answer from the lateness of the seas-'on - C an only expect through
your Excellency. In the m eantail aUlulte the messenger,
who is very pressing for answ er to Ihis proposals, in the best way
I can, and be very careful not to embark. in a1ny measure whlich
may tend eventually to embaarrass His -Majesty's commnissioners in
the management of the imuportant affairs withi whicl they are entrusted.'  On the one hand I shall not deceive these people into
measures which it nay 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 revtiolted colonies in general. I
will nevertheless, as far as it will not interfere with the measures
which may at present be agitating at XNew York, inelect nothing
in my power to retain the people of V'ermont iln te same favorable cisposition in i which they are at preent, convinced that the
very best consequences lmust result to the safety of this province,
from an union with that people, in case it should become the seat
of war, ian event which friom concurringl circumstances I think is
not improbable. I shall thleireore be extremely averse froiom everything which might dilmiilsh their confidence in mte or destroy
their hopes fromn the Royal clemency and prootection, provided affairs should not take a favorai.llle tl un between the iing's comlmicsioners and tihe congre ss.
I should have cdone mLyself this pleasure some dlays ago, but wishing to be still. more explicit, I have waited in expectation of another messenger fronm Vermont who is to bring the proceedings of iho
governor's council (composed of' friends to government, two excepted,) convened when the last came away; but impatient to communicate to you the affairs thus far and be holnored with your Excellency's sentiments thereon, I send a most carefll and intelligelnt'Tit for tat- -Haidilmand and Allen were anmusing each other.
37




290               Thle Haldimand Paler's.
man with an officer returning to Halifax.  He will from thence
forward by a first vessel to New York.
It is necessary to acquaint your Excellency, which I do with
much concern, that a few days ago I had advice from Detroit that
a party of Rangers and Indians had fallen in with the enemy on
the 4th and 5th ultilmo, as far advanced to destroy the Indian villages at St. Duskey. The rebels were near six thousand strong
and were severely dealt with, having two hundred and fifty killed
a.nd wounded. A muost unfortunate circumstance which attended
this rencounter, though extremely bad in itself, will as usual be
exaggerated.  A colonel Crawford (who commanded) and two
captains were tortured by the Indians in retaliation for a wanton
and barbarous massacre of about eighty Mioravian Indians, lately
committed at Aiskingum by the Virginians, wherein it is said Mr.
Crawford and some of that very party were perpetrators.  I hope
my letter will arrive time enough to prevent any fur'ther mischief,
though I am very fearful it will not stop here. This act of cruelty is to be the more regretted, as it awakens in the Indians that
barbarity to prisoners which the unwearied efforts of His Majesty's Ministers had totally extinguished.
A letter from Major De Peyster says that a General Irwin is to
take the route of Tuskarawas,  a party of militia the Shawanese
country, and Colonel Clarke the Wabash, with artillery.  That
this expedition, though given out as intended against the Indian
v'llages, he is informed is in reality a concerted plan against Detroit, which Mr. Irwin brought with him fiom Congress.. In consequence of this intelliglence I have reinforced the upper country with
about two hundred ime-n
Joseph Brant had left Oswego with a large scout toward the
Moohawk river before my orders to desist friom hostilities had arrived. I am in pain for the consequences, but as my letter must
have arrived a very few days after his departure and that Indians
are not very expeditious in their way to war, I am in hopes Major
Ross would have been able to overtake lhilm.
I have the honol to be, Sir, your most obedient and most humble servant,                         FRED'K. HALDIMAND.
His Excellency,y Sir Gty (Carleton.
Indorsed,'General Haldimand to Sir Guy Carleton, 28th July,
1782. No. 9." 2
G-en..cldimz? a,,nd to Gov. OCdttedclen,.
1782.   You may rest assured that I shall give such orders,
Au'g. 8  as will effectually prevent hostilities of any kind being
exercised in the district of Vermont, until such times as a breach
dfWilliasmzs, Vol. I, H12. Hist. Coll., Vol. i, 466. 2 Probably No. 3.




General Haldimand to Sir Guy Carleton.        291
on your part, or some general event, may make the contrary my
duty. And you have my authority to promulgate, in such manner
as you shall think fit, this my intention, to the people of the said
district, 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.'
H. - Gen. facldimannd to Sir Guy Carleton.
DUPLICATE.                     QUEBEC, 28 Aug. 1782.
Sir:-The return of my messenger on the 18th instant, with
your Excellency's dispatches of the 22nd of July, relieved me
from much anxiety, having concluded from his long absence that
he had fallen into the enemy's hands.
My letters of the 28th ultimo will fully communicate to your
Excellency my situation with the people of Vermont, and the
anxious suspense I must remain in until I can obtain instructions
from home or intelligence firom 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 perceive by your Excellency's letter
and the messenger' observations inii his way through that country,
that the enemy seem rather disposed to continue the war than to
listen to terms of accommodation. He says that since Mr. Washington's late tour, the friends of' government, fromi  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 imo4i awed than ever by Waashington,
and that he has issued an o(cner to put all persons to death upon
the spot who refuse takingl aills instantly when called upon. This
makes the communication between us more uncertain and difficult,
and has induced me to send this letter by His Majesty's Ship Pandora to SpanRih River, (where she goes to bring up sonm e coal
-hips;) from thence tlhe messenger will proceed to Halifax, and so
to you.
My letter of tIhe 29th of July, a triplicate of which I dispatched
the 30th, would communicate to your Excellency my intention of'To those who were not then apprized of the policy of England, 1such
assurances as these would appear to be very gracious; but in fact Sir
Guy Carleton had instructions to address Americal in the same tearms,
and Haldimand simply conformed to that policy in dealing with Vermont; and moreover it was a part of his own policy in respect to Vermont. -Life adcl Writiongs of c'Vaslhin.'tona, vol. vIII, 297, note.




292               fT7he HIaldclimrnd Papers.
going to England this Fall or next Spring. Having sinlce more
maturely considered Lord Shelburne's letter, and one to which
his Lordship refers me, that I received at Boston in 177f) from
Lord Dartmouth, desiring that I would repair to England, I conceive it a duty to the public and myself not to defer it until the
Spring, unless some unforeseen event should make it necesesary.
I have written to Lord Shelburne upon the subject, and from my
desire of candour, and to give your Excellency every inlformattion
that may be serviceable to you respecting this Province, i here
enclose a copy of my letter, by wlich you will at once see the
preparations I am making in consequence of my dete,-.mi-',ation.
I therefore  hope, and must request, you will with the same confidence, impart to me as soon as possible, (and by duplicate,) any
public matter that you thinkl likely to militate for or against this
resolution.
In consequence of instructions from the Minister, I have already permitted many prisoners to return to the neighboring colonies upon parole, and am collecting the remainder in orderi to
send thetm under convoy of the Pandora to New York as soon as
she returns with the colliers, as by that means it Avill be in your
Excellency's powere to liberate them, or not, as events may require.
By a letter from Lord Shelburne, I understand that it was probable your Excellency will call Lieut. Colonel Carleton to you as
Quarter-Mastel-General., in consequence ol which, thinkinii it will
be agreeable both to yout  Excellency and to him, i offered him
permission to leave this alrmy, but he declined it until he could
hear from you. I it is yorU Excellency' iitenitioll I could wish
it were done soon as possible, that Lieutenalit-Colonel Hope, who
will succeed him, miight take charge of that Department before
my departure. The Pandora will be a saie and convenient opportunity, and your Excellency's wishes, if sent olf upon receipt
of this, will arrive time enough for that occasion. Thne messenger prieers returning by land, which will probably be the shortest
conveyance.
I have the honor to be with great esteem and respect, sir, your
most obedient and most humble servant.
Indorsed: —I Duplicate, General Haldimand to Sir Guy Carleton, 28th August, 1782. No. 13."
H.- -' eneiral taldcimcande to aSir GC-Ly Ccarleton.
1782.  [No. 5.]  DUJPLICATE.
Sept. 8.                     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




General ffaldimacd to Sir Gquy Carleton.      293
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 cn 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 but secret manner, and under cloak of neutrality or
suspension of hostilities, to be madle 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 antytlhingl at preset but to repeat my anxiety to
hear from your Excellency, that I may regulate my conduct with
them upon the principles menitioned in my a.st. I have wrote by
this messenger to the governor and Allen, assuring them of protection and support from the kino's goverenment while tdey continue in their present sentiments, and that ever-y act of hostility
shall be cautiously avoided on my part -until infringed on theirs,
or that some public event shall make the contrary my duty, and I
have left the governor to promulgate this declarat ion or not, as he
shall judge fit.                                   F. H.
I am anxious for the safety of imy mesnsener, Bavis.
General hEaldil'mancd to dStir Guy Carleton.
[No. 7.                       QUEBEC, Sep. 8th, 1782.
Sir    I have just been honored with your Excellencv's letter
of the 3rd of August, forwarded by 19-     3 48-22, under
cover of one from him, comnilunicating information and proposals
he had made to New York throuolgh, 7tald transmitting a copy
of a letter from that gentlenmei, of lwhich the following is a copy.' I received your letter of the 2;th of July. It wtas very satisfactory, and your designs are approved by t-fi company, as you
will be informed by.. who botl will say more tlhan I can
write by this opportunity. Orders now go for thesupplies you
want, and when you ifrwa ir the orl ders write fully as you did to
me, that they may be adequate to your intentions, for they can
come to you more easily and certainty from'that quarter than
from lhence."
Mr.... stiongly recolmmends providing a large sum of
money, acnd opening a free trade from this Province with Ver1 It has been seen that the governor promulglated' only a part of this
letter, to wit, that there should be no hostility. Gov. Chiittenden was
not prepared to ailmounce the offered protection of the British governmenlt to Verimont.




294               Thie Jlacldimancd Papers.
mont, for purposes I need not enter upon as they are known to
your Excellency. The impropriety of my complying' with either
unauthorized, will appear from the following extract of a letter
from Lord Silelbcurne, 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 insidiousness."
Your Excellency never having once touched upon the subject
of Ar...'s requisitions in a letter accompanying them
and said to contain orders for that puirpose, (which if you had approved you surely would have mentioned, knowing my embarrasment and regard for Vermont affairs,) makes me still more cautious, as Mr...     says a gentlemen will shortly come
into this Province with filler 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 Excelleicy's wish to adopt Mr..'s plan, and
that I may execute it as proposed by him, -  send off this messenger
to request tatyou w ill tbe pleased to signify to noe the Commissioners' authority foir so doing, and to what extent thie requisitions are
to be complied with.
Respecting the free trade with Vermont, it is necessary I should
renmark to your Excellency that at te vey te M'it....'s
proposals were made, 5-i9 5T.- 1 strongly expressed their disapprobation of trade being opened, fr1'o  a justi 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 nevertheless approved the measure
when ripe for execution.
I shall continue to supply...  ith money to defray the
expense of' procuring and forwarding intelligence to New York and
this Province.
I have the honor to be, with great respect and regard, your Excellency's most obedient and most humble servant,
FRED'K. HALDIMAAND.
Hiis Excelleency, Sir Guy (tarleton.
Indorsed: —"  E. General Haldimand to Sir Guy Carleton,
September Sth, 1782. No. 14."
1 leaning the authority of the British Commissioners at Neow York.




Enforcement of Aitthority in  Vindtham County.   295
Enforcement of the Authlority of Vermont in Windham County.
Aug. 14. Gov. Chittenden sent Ira Allen to Guilford and 3rattleborough, to watch the motions of the adherents to New York, with
the purpose of ascertaining when it would be necessary to use the
power conferred upon the governor to execute the act against conspiracies. Hardly had Col. Allen returned, when the occasion
came.
Aug. 22. Jonathan Hunt, sleriff of Windhami county, attempted to arrest Timothy Church of Brattleborough on an execution,
when he was resisted by Church and his friends. Content to
abide his time, Hunt retired, not at all displeased at the prospect.'
Aug. 29. Sheriff Hunt reported to gov. Chittenden that his
attempt to execute the laws of the state had been foiled, and he
asked a military force to assist him; whereupon a special session
of the council was called.2
IMeeting of the Council at Maneheester,' Augu.st 29th, 1782.3
O VERMONT.         IN COUNCIL, Manchester, Aug. 29th, 1782.
"AN ACT EMPOWERING THE GOVERNOR TO 1RISE MEN TO ASSISTV
THEHE SHERIFFS.' Be it enacted cand it is herehby enacted by the representatives
of the freemen of the state of Vermon t in general asserimbly met,
and by the authority of the same:
" That his Excellency the captain-general of this state be and
hereby is empowered to order and direct any officer or officers in
this state to raise any number of menl i tile same, and to march
them to any part thereof, to assist the sheriffs in their respective
counties in the due execution of their ofice. Anld that his Excellency be empowered to appoint and commission any person or
persons with full power for all the intents and purposes aforesaid. And that his excellency 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."
cEastern Vermont, 438, 439.
aEastern Vermnont, 439. 3 Council Jou'rnal, 1781 to 1784, 10, 11.




296                The Haldimand Papers.' The preceding is a true copy of an act of the legislature of
the state of Vermont passed yesterdav.
b Attest,  _       MICAH TOWATNSHEND, Secy."
"Windsor, June 22, 1782.'
IN COUNCIL: at the house of Mr. Elias Gilberts in MAanchester,
Autgust 29th, 1782. The Council having met at this place, agreeable to request of his excellency the governor, and a quorum
being present, the board proceeded to business.
The present situation of the county of Windham being taken
under the due consideration of the board:
Resolved, that his excellency the governor be advised to raise
one hundred and fiftiy men as volunteers within col. Ebenezer
TWalbidge's regiment, and one hundred within col. Ira Allen's
regimlent, for the purpose of assisting the civil authority of' this
state in carrying into execution the laws thereof in the said county
of Windham.
]Resolved, that his excellency the governor be also advised to
appoint and conmmissionate B. Gelil. ETHAN ALLEN to take the
command of the said volunteers.
1782.  A  Coimnmission with IJns.truetion's:o Briyadg'ier General
Sept. 2.             Fihaon Alien'
To t(he Hionl. _ Brygadier, Creneeral ETHAN ALLEN:
In pursuance of an act of the general assembly of this state
at their session in the month of June last, entitled "i an act
empowering the governor to raise men to assist the sheriffs,"
by and with the advice of the council board of tills state, met at
Manchester on the 291th day of August last, which is as follows,
viz. [here the last resolution above is inserted:] and reposing
especial trust andl confidence in your fidelity and good conduct, I
do by these presents, in the name ancd by the atlhority of the
freemen of the state of'Vermont, fully authorize and elmpower
you the said ETHAN PALLEN to act and traisact the following matters for the purpose of assisting the civil authority in the due execution of the laws of this state for the suppressiot of the late and
present tumultuous insurrections in the county of Windham:
First[ly.-You will proceed to raise, as volunteers, two hundred
and fifty men, (one hundred and. fifty of which in Col. Walbridge's
and one hundred il Col. Allen's regiment of militia,) and see
them equipped, with horses, arms, and accoutrements. Provisions and ammunition will be furnished by the Commissary-Geleral.
1 Cotncil Journzal, 13.




Enforcement of Authority in Windham County.     297
Secondly.-The men, when raised and thus equipped, you will
march into the county of Windham, as a posse comitatus, for the
assistance of the civil authority in said county of Windham as
aforesaid, in pursuance of the trust reposed.
Given under my hand at Arlington this second day of Septeinber Annoque Donini 1782.
(Signed,)       THOMIAS CHITTENDEN, Captain - General.
By his excellency's command.
Tios. TOLMAN, D. See'y.
Attest,  THOMAS TOLMAN, D. Sec'Oy.
Ethan Allen'.s m eovements with the posse were swift and effective. His men were gathered on the 8th September; on the 9th
the whole party, mounted, marched into Windham county; on the
10th the principal offenders were seized; and by the 19th, these
and other persons seized had been tried by the Vermont court,
convicted, and sentenced: some to banishment and confiscation,
and others to fines of various amounts. Thus the authority of
Vermont in Windham county was firmly asserted.' These stirring days were rich in both tragic and comic scenes, which are
well sketched by B. H-. Hall, to whose work the reader is referred.2
AFFIDAVITS OF PERSONS SEIZED BY THE POSSE.3
Deposition [Affidavit] of Joel Bigalow.
Duchess County, ss. —Joel Bigalow of Guilford in the County
of Cumberland in the State of New York, being duly sworn, deposeth that on Monday last a number of armed men under the
command and directions of Ethan Allen came from the West side
of the Green Mountains into several Towns on the East side of the
said Mountains, and in a hostile and violent manner, and fired on
and took and carried off prisoners a number of persons Inhabitants
of certain towns on the East side of said Mountains, and who professed allegiance and subjection to this State of New York. That
the said Party, so commanded by the said Ethan Allen, consisted
as it is reported and as the deponent believes, of between two hundred and four hundred men, and took and carried off the said
Prisoners in order that the said Prisoners might be proceeded
against and punished under an act of the pretended State of VercEarly History, 396, 397. 2 Easternt Verm ont, 440-455.
3 Ethan Allen Papers, 379-388.
38




298                The Saldinmand Papers.
mont passed in July last and entitled " an Act for the punishment
of conspiracies against the Peace, Liberty, and Independence of
this State."  That the said Prisoners to the number of about
twenty, as the Deponent was informed and believes, were conveyed
to and confined in the Gaol at Westminster in the saidc County of
Cumberland. That for a day or two previous to the said Irruption, the Deponent was informed and believes, Guards were placed
on the several roads leading from the West to the East side of the
said Mountains who stopped anld detained all Persons going from
the West to the East side of the said.Mountains to prevent any
intelligence being given to the Inhabitants on the east side of the
said Mountains of the said Irruption.  That the Deponent,
together with several others Inhabitants of the said Town- of Guilford to number of about forty-six, assembled and determined to
defend themselves against the said Party, and with that view fired
on a detachment, being on horseback; [it] retired some distance
and dismounted and in the night marched to attack the Deponent
and the others who were assembled with him, and as the Deponent
has been informed and believes, the said Ethan Allen ordered the
said detachment when they had so marched that they should give
no quarter to any persons who should oppose them; and that the
said Ethan Allen, as the Deponent was informed by credible persons who had heard the said Ethan Allen, declared " That he
would give no quarter to Man, Woman, or child who should oppose him, and that he would lay it as desolate as Sodom and
Gomorrah."'  And the deponent further saith that as far as he
knows and believes, the Inhabitants on the New Hampshire Grants
who profess allegiance to this State of New York have not, from
principle of obedience to the recommendations of Congress, in
aly instance made use of any force or violence to compel such
of the Inhabita.nts on the said District who profess allegiance to
the said pretended State of Vermont to renounce their allegiance or
to submit to the Government or Authority of this State of New
York, and that the said Inhabitants who so profess allegiance to
this State of New York have not by an act of force or violence
interrupted or prevented the exercise of any authority under the
said pretended State of Vermont over such persons as profess allegiance to the said pretended State. And the deponent further
saith that when he came from home on Wednesday he understood
and believes that there were still on the east side of the said mountains detachments of the said Party and for the purpose of taking
more prisoners or otherwise disturbing the public peace.
JOEL BIGALOW.
Sworn to this 15th day of September 1782 before me,
MELANCTON SAITHT, Justice of Peace.




Enforcement of Authority in Windlham County.    299
Thomas Baker's and David Lamb's Affidavit.-No. 4.I
HALIFAX, Sept. 9th, 1782.
We was taken prisoners here and carried to Guilford -under a
strong guard and orders was given to march, and the Yorkers
fired upon a party; and there was a request made to Col. Ethan
Allen that if any of his men were fired at and killed, for to kill
as many of the Prisoners. What answer he gave we can't tell,
but he gave general orders that if any party discovered themselves
and fired upon them, to give no quarters, but kill them if they
could. These were the orders that we mlarched under up to Westminster Gaol, and there [were] confined five days with a strong
guard round the Gaol. Four of the prisoners came to trial [and]
plead not guilty, viz. Timothy Church Col, William Shattuck
First Major, Henry Evine [Evans] Second Major, Timothy Phelps
high sheriff. Their sentence was to be in prison till the 4th of
October and then to be banished out of the State and their Estates
confiscated, and if they ever return back to stuffer Death. And
then there was five mlore that came to trial which had large fines;
and then we was taken out of Gaol and marched to Marlborough
for our trials and was fined; one of us was fined 7~ -1 5s 6, and
the other of us 7~, which we had to >;ive our obligations for; and
we was prisoners 11 days' [in] which we had but four meals of
victuals allowed us for the time. And further Etlan Allen said
that he could go to Albany and be head monarch if he had but orders in three weeks, and he had a good mind to do it; and further
Allen God damned Clinton over and over from time to time. The
state's attorney further saith that we was deceived by Co-ngress,
we depended upon a decisive resolution fromi them, because that
he talked with three of the members; they told him it was not
Vermont's policy to come into union with the thirteen United
States, and that they did determine not to have any thing to do
with Congress, for they had strength enough to defend their State
and policy enough to regulate their laws of the State.
Capt. THuoMLA  BAKER.
Ensign DAVID LArMB.
The evidence appeared before me and swore to the within written facts.                 SAML. BIXBY,:Jstice of Peace.
Halifax, September the 22d, 1782.
Copy of Majors Shattuzck and _Evans's [Affidavits] Depositions.
State of XTew York, ss.-William Shattuck, of' the County of
Cumberland in the State of New York, esquire, being duly sworn'This is the only affidavit numllbered. There are four in the Aillen Papers, which are here given in chronological order.




300               The caldimancd Papers.
saith, that on the 9th day of September last he was taklen at his
own house in Halifax in the said County by a number of armed
men under the command of a certain Walbridge, stylinlg himself a
Colonel under the usurped Government of Vermont, and carried
to Guilford in said County, where he was delivered up to Ethan
Allen, whom it appeared had the General direction of the Party;
from whence the deponent, with several other persons who were
also taken by the said party, were sent under the care o' a strong
guard to the common Gaol of the said County of [Cumberland at]
Westminster; that the deponent, a Timothy Charles, [Chul-ch,]
Henry Evans, and Timothy Phelps, esquires, were confined inl the
said Goal for the space of twenty-five days, to wit from the said
9th day of September until the 4th day of'October followinlg.
During his confinement a court was convened at Westminster
aforesaid under the authority of the said usurped government of
Vermont, before which he and the other three persons above mentioned were tried and convicted, they sentenced to be banished out
of the said pretended State and their Estates to be seized and sold
as forfeited, which sentences have since been carried into execution as to the banishment of their persons aid the seizure and sale
of their personal properties respectively. And the deponent has
heard and believed that his lands and that of the other three persons above mentioned are now advertised and are to be sold in
pursuance of the said sentence on the 25th day of this present
month. That besides the deponent- and the other three persons
above mentioned, there were sixteen other persons taken and imprisoned by the said party under the direction of the said Ethan
Alien, who were also tried by. the sasid Court and sentenced to
fines and other grievous punishments. Trhe Deponent flrther
saith that he and the other persons, so taken as aforesaid, were
subjects of the State of New York and owed and professed allegiance to the government of the said State. That according to
the best of his knowledge and belief, they had not, nor had either
of them, firom principles of obedience to the recommendations of
Congress, made use of any force or violence to compel such of the
Inhabitants on the District called the New HIampshire Grants who
profess allegiance to the said usurped government to renounce
their allegiance thereto or to submit to the Government or authority of the said State of New York, or by any act of force or violence interrupted or prevented the exercise of an authority under
the said pretended State of Vermont over such persons as professed
allegiance thereto. And this Deponent farther saith that the only
charges. exhibited against him and the other three persons above
mentioned, who were tried by the said Court and sentenced to be
banished as aforesaid, were for holding Comnmissions under the




Enforcement of Authority in WTindham County.    301
State of New York and being committee-men, which the said
Court termed conspiring and attempting an Insurrection, Invasion and Rebellion against the said pretended State. And the deponent also farther saith, that while he was a prisoner as aforesaid,
Ethan Allen, in conversation with this Deponent, advised and endeavoured to persuade this Deponent to renounce his allegiance
to the State of New York and join Vermont, and among other
arguments made use of by the said Allen for this purpose, he told
him that Congress had no right to pass any resolutions respecting
Vermont to prohibit them from exercising authority over any persons within the District they claimed jurisdiction over; that they
(Congress) never intended to enforce their resolutions on that
subject; that the British never intended to wage war against Vermont; [that Vermont] had at first taken up arms against the
British, but it was the sin of their Ignorance and that would be
winked at; that if they (meanilng as the Deponent understood,
those residing on the New Hampshire Grants who profess allegiance to the State of New York, and those who are subject to the
said usurped Government of Vermont,) would be united, they
might make independent fortunes, while tie thirteen united States
were quarelling among themselves and becoming bankrupts;
that Congress would be glad if they were to settle a neutrality
with the enemy. That while the deponent was confined in Gaol
as aforesaid, he was informed anld believes that when Allen caine
out with the party who captured the Deponent and the other persons above mentioned, overtures were made by the Leaders of the
usurped Government of Ver mont to the British in Canada, to send
parties against the frontiers of New York to call off the attention
of the State fromn giving relief to the deponent and the other subjects of the said State who were captured by Allen in Cumberland
County aforesaid. And further this Deponent saith not.
YIVLLIAM SHATTUCK.
Sworn before me this 4th Oct. 1 82.
VISELANCTON SMTITrH, JU.s-tice of Peace.
Henry Evans, Esqr., of the County of Cumberland, being sworn,
deposeth and saith, that the whole of the foregoing deposition is
the truth to his knowledge, except so much as relates to the conversation the aforesaid Ethan Allen had writh William Shattuck,
Esq., respecting the adherents [to] the said pretended State of
Vernmont having an opportunity of making Independent fortunes
while the United States were quarrelling and become bankrupts,
which he did not hear. And further this deponent saith not.
HENRY EVANS.
Sworn before nie, 15th October 1782.
MELANCTON SMITH, Justice of Peace.




302                The IIcdiimand Papers.
I certify the foregoing to be true copies of the originals filed in
Governor Clinton's office.
ROBT. BENSON, Secy.
Sept. 16. Armed with the deposition of Bigelow, gov. Clinton
wrote to both the president of Congress and the New York delegation in that body, making the most of the point against Vermont, by affirming that New York and its adherents had strictly
adhered to the recommendation of Congress, to abstain from exercising any jurisdiction or authority over persons acknowledging
allegiance to Vermont; whereas Vermont had rigor ously enforced
its jurisdiction over persons professing allegiance to New York.
In his private letter to the delegates, gov. Clinton said he felt
hurt, that his repeated applications to congress for a decision of
the controversy had been not only ineffectual but even unnoticed.
To Mr. Bigelow, gov. Clinton gave another letter, to be coInmunicated to the adherents to New York in Vermont. He advised them to abstain from force except in self-defense, adding:
At the same time, should the government of the pretended state
continue to hold the prisoners in confinement, I would then think
it justifiable and advisable that attempts should be made for their
release, and if this cannot be effected, then that an equal number
of the insurgents should be taken and brought to this [Poughkeepsie] or any other place of security in the state, where they can be
detained as hostages for the security and indemnity of the subjects
of this state whom they have made prisoners of.
Sept. 20.  The New York delegates in congress in reply to
gov. Clinton wrote 
This new and unexpected violence offered in direct opposition
to the recommlendations of congress to those peaceable citizens
who have always strictly adhered to the same, and the dangerous
consequences which may ensue from such evil examples, will, we
trust, induce congress immediately to interpose and exert their
authority for the relief and protection of those unhappy people,
our fellow-citizens, now made prisoners by a lawless power. Your
Excellency may rest assured that we shall exert ourselves to the
utmost for their reief, and that measures may be adopted for the
further protection of the adherents to our state who reside in that
district of country.
The substance of this letter was sent for the encouragement of
the adherents to New York in Windham county, and sheriff Hunt




Enforcemnent of Authority in Windcham County.   303
was warned of " the dangerous consequences " of his action. Mr.
Hunt shortly after resigned, and Dr. Elkanahl Day was appointed
to the office.I
1782.   The supposed advantage gained by the sharp discipline
October. of Vermont, was now to be pressed vigorously upon New
York by her adherents in Vermont, and by both upon congress.
The four chief offenders against Vermont, under sentence of banishment, were released from prison on the 4th, taken across the
line into New Hamp )shire by deputy-sheriff Samuel Avery, who
warned them that they would incur the penalty of death if they
ever returned to Vermont. These were Timothy Church, William
Shattuck, Henry Evaas, and Tinothy Phelps, whose estates had
been declared confiscate by the court. The committees of Brattleborough, Guilford, Halifrax, and Marlborough mLet and set forth
their version of the affair, which was presented by Shattuck and
Evans to gov. Clinton on the 14th, and immediately sent by him
to the New York delegates in congress, in the belief that they
could not fail of making an impression not unfavorable to New
York. In the meantime, Charles Phelps had escaped the posse and
presented the grievances of his party to a committee of congress
on the 8th. On the 10th he presented a petition to congress, asking for measures to secure the return of his property.  On the
16th the committee miade a report, stating the occurrences in
Cumberland county. The report was accompanied by a substitute, and both resulted in still another report on the 23d, which
recommended to the people of the Grants to abstain from all
measures tending to disturbance. This was a1,id aside for further
consideration.  Shattuck and Evans appeared at Philadelphia,
and on the 28th of October presented a petition, rehearsing the
history of the difficulties; averring that fifty persons having families had been driven from their homes and were wandering abouti
in the utmost distress, but who nevertheless refrained from retaliation; and asking for aid and the restoration of their property.
Congress gave them no aid, and they, with Charles Phelps, were
a charge upon the New York delegates.2
1Eastern Vermont, 457460. 2 Same, 460-468.




304                The cfalcditmand Papers.
The most significant act of Congress at this time, which bore
upon Vermiont severely in fact though not nominally, was the acceptance, Oct. 29, of a cession of western territory from New
York to the United States. On this act, /Mr. Aadison wrote to
Edmund Pendleton, Nov. 5, 1782:
Besides the effect which may be expected fr:om the coalition [of
sundry 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 unapprized 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 coincidence of circulmstances, or
by skillful management, or by both, succeeded 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 clamped the ardor with which Vermont has been abetted.'
I. - G-eneral larcldiicmand to S.r Gu-ty (J;arleton.
[No. 11.]                 QunEBc, October 10th, 1782.
Sir: -I received yesterday your Excellency's letter of the
2,5th of August, with a duplicate dated the 3rd of the same month,
and a copy of the public letter written by your Excellency and
Admiral Digby to General Washington the 2d of August.
I am concerned to learn that notwithstanding the overtures for
the peace made on the part of Great Britain, and the expectation
entertained at home of their success, so little disposition has been
manifested by our Colonies in your quarter for that desirable end,
which from accounts I daily receive is but too much the case upon
the frontiers of this Province, for since' my last communication to
your Excellency of the affairs at St. Duskey under Captain Caldwell of the Rangers, he has been under the necessity of again attacking that determined band of adventurers who menace the
destruction of the Indians in an attempt upon Detroit, and who
have actually established and are strengthening a post at the falls
of the Ohio. HIe however routed them completely, and killed
about 150, amongst whom were the commandant and five or six
field officers. The same letter informs that another party was on
the march to St. Duskey, and Captain Caldwe l was hurrying to
meet it. The enemy likewise very jealous of Oswego, and by a
letter which I yesterday received from Major Ross, scouts have
1 lfCMadison' Papers, vol. i, 470.




General Haldiimand to Sir Gtuy Carleton.     805
approached so near the fort as to be perceived by his sentries.
They likewise advance upon Lake champlain to the waterside, a
temerity unknown until our scouting parties and Indians had been
withdrawn.
I am, with highest regard your Excellency's most obt. and most
hbl. servt.,
FRED'K. IHALDIMAND.
His Excellency, Sir Gquy carleton.
H.- General Haldimnand to $Sir G(uy (arleton.
[No. 12.]                 QUEBEC, 10th October, 1782.
Sir: - In a former letter I acquainted your Excellency that I
had ordered the prisoners at the different posts in this province to
be collected, for the purpose of exchange, in consequence of instructions from home. I also observed to you that I had hitherto
rejected all overtures for an exchange of prisoners, (except wtith.
Termont,) upon the ground your Excellency had declined them.
I embrace this favorable opportunity of sending all in this neighborhood, fifty-four in number, to New York, and leave it to your
Excellency to dispose of them as you may see fit. The commissary of prisoners has transmitted a return and particulars of them to
Mr. Loring. I hope to be able to send another party by the last
division of transports, or perhaps by way of Lake Champlain. I
hope this exchange will furnish an opportunity to recover an equal
number of the Brunswick' troops of convention. I am with the
highest regard, your Excellency's most obedient and most humble
servant,                          FREDERICK HALDIIAND.
His Exeellency, Sir GOuy COarleton.
H. - General 7Haldimand to Sir (Guy carleton.
[No. 15.]                 QUEBEC, Qctober 21st, 1782.
Sir: -Two days ago I received your letter of the 9th of September and duplicate of the 6th in cypher.
Your Excellency not having mentioned the name of the person
who claims two hundred guineas for forwarding dispatches, &c.,
and no good claim having been made here, I am at a loss to know
who he is or whether the services he mentions have been performed
or not. Except when I can find a person to go through from this
place to New York, it is not in my power to determine the expense of dispatches to pass through so many hands. From St.
Johns they are forwarded to friends upon the frontiers, thence to
Albany or Connecticut, and so on until they reach New York.
There is but the channel 19-3 48-22 that is at all regular. Hie
has received from me ~208 to defray contingent expenses. Small
89




806                The Ilaldimand Pacpers.
sums have been sent fiom time to time to Albany and the frontiers
as gratuities to those whom he actually employed with promises
of future rewards in proportion to that service.
When a messenger comes or goes through between New York
and this place, I should think it inconvenient to carry, and in the
characters they are obliged to assume, in case of falling into the
hands of the enemy, unsafe to have upon them the sum necessary
to defray the expense going and returning, in which cases should
your Excellency think fit, I would propose advancing the money
for the journey where the messenger is sent from and the same for
his return, when dispatched with an answer, leaving the gratuities
to be paid by the employer, and always expressing on the dispatch
the sum advanced upon account.
I have the honor to be with the highest regard, Sir, your Excellency's most obedient and most humble servant,
FRED. HALDIMAND.
His   cexelleney, Sir G-uy Uarleton.
Indorsed: "'No. 15, General Haldimand to Sir Guy Carleton.
Received 25th November, 1782, by the Astrea, No. 27."
General Assemzbly - October Session, 1782.
IN JOINT ASSEMBLY: Oct. 17.  Upon motion of genl. Enos,
Resolved, that it is expedient to choose persons to attend congress to transact the business of this state, if necessary. Whereupon made choice of Moses Robinson, Paul Spooner, Ira Allen,
Jonas Fay, esquires.
A committee on the 18th reported the following instructions to
the agents to congress:
The said agents or any two of them with powers as plenipotentiaries to negotiate the admission of the state into the federal union of the United States, and to agree upon and ratify terms of
confederation and perpetual union with them in behalf of this state
whenever opportunity shall present therefor; and that his excellency the governor be requested to commissionate them accordingly.
The aforesaid committee likewise brought in the following private instructions to the Honl. Moses Robinson, Paul Spooner, Ira
Allen, and Jonas Fay, esqrs., agents elected to negotiate the admission of the state of Vermont into the confederation of the
United States:
GENTLEMEN: You will, any two of you, when you shall be directed by the governor and council, repair to the American congress; and are to consider yourselves as plenipotentiaries invested
with full powers to agree on terms upon which this state shall come




Action of the G-eneral Assembly.          307
into union with the United 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 United States: but you vill make it a
condition not on any account to be dispensed with, that this state
be admitted free from arrears of the continental debt already accrued, this state discharging its own debts.  And if this should be
rejected by those with whom you are to treat, you will endeavor to
obtain the conditions on which this state may be admitted, and lay
the same as soon as may be before your constituents.
TIMOTHY B3ROWNSON, Uhairman.
The aforesaid instructions were read and agreed to by the committee [of the whole] and ordered to be reported to the house.
On motion made by Mr. Tichenor, Resolved, that col. Allen,
Mr. Tichenor, Mr. Chipman, and judge Robinson be a committee
to draw a letter to his excellency the president of congress, acquainting him with the measures taken by this state respecting the
late disturbances in Windham county.
The committee [of the whole] then dissolved.
Attest,                    MIcAx TOWNSHEND, Clerk.
IN ASSEMBLY, [House of Representatives,] Oct. 21: that part
of the report of the committee of the whole giving instructions to
the agents to congress was read twice and approved of by the
house. And the yeas and nays being required by Mr. A. Curtiss
on that part of the report investing them with plenipotentiary poovers, they stand as follows, [names omitted:] yeas 37, nays 15;
so it was carried in the affirmative.:
The inferences from this record are, that on the 18th both council and house adopted the entire report in joint assembly, as a committee of the whole; and that on the 21st the house agreed to the
private instructions [in Italic above] without a division, and the
remainder on a yea and nay vote. The fact must be considered,
however, that the journal of the council does not contain the private instructions. Whether the council non-concurred in them, or
suffered them to stand, as advisory only, on the vote of the committee of the whole, or concurred in them without a public record,
is doubtful. The old journals of both houses are by no means so
full and clear as those of modern times, and the fact of omissions
is sometimes noticed in them.
(ct. 22: Resolved, that the pay-master of this state's troops
be dismissed from his said office as soon as he shall have completAssembly Journal, 1778-1784, 437-439.




308                 The Italdimand Pcaers.
ed adjusting the accounts of the officers and soldiers in service the
last eampaign.
Resolved, that his excellency the governor be requested to discharge all the troops in the service of this state except one sergeant, one corporal, and eleven privates, to be taken out of those
who are enlisted and paid until the 15th of December next.
Oct. 24: Resolved, that the present sheriff of the countlr of
Windham be and is hereby directed to make sales of the estates
in said county lately confiscated to the use of this state, agreeable
to an execution from the honl. superior court directed to the late
sheriff.  That he accept for pay, due-bills, pay-table orders, or
hard money.   That the said sheriff be and is hereby further directed to proceed as soon as may be to the sale of so much of the
estates of those persons that were indicted by the grand jurors of
said county [as is necessary] to pay the expense of the posse conitattus. That the sheriff take the advice of the principal men of the
county and endeavor to levy such expense in proportion to the
crimes and abilities of such delinquents, and that he receive and
pay out due-bills, pay-table orders, or hard money.
Resolved, that the commissary-general of this state be dismissed
from his office as such, after having completed a settlement of his
accounts.
James 1Icadi son to EdHlm;'rnnd Pendleton.2-  [Extract.]
Oct. 29.  Some intelligence has been received [at Philadelphia] from the frontiers of New York which revives the apprehensions of further inroads from Canada, and co-operation on the part
of the Vermonters. The tenor of [Sir Guny] Carleton's letter to
gen. Washington on this subject, and other circumstances, render
this article [of intelligence] extremiely doub)tful.3
Assembly SJo.rnccal, 1778-1784.441, 444, 444 1.
2 adfcdison Pcapes, Aol. I, 184.
3The absurdity of this mischievous rumor appears from the fact that
Vermont had disbanded its militia.  Carleton was: about to evacuate
southern and take his Indians from western New York, of which Washington and Clinton both had notice. Washington in conse(quence wtas
withdrawing the continental troops froml the north; and even gov. Clinton, Oct. 20, wrote to Washington, candidly confessing that "'nothing extraordinary is to be apprehended from the late accounts we have had of
the collection of the enemy's forces at Isle-aux-Noix and Oswego." This
story, of Vermont' co-operation, was doubtless designed to prejudice
congress against her.




Vermont; Afairs ti Congress.            309
1782.   The committee of Congress made their report on the
Nov. 14. difficulties in Windhami county:
That the measures complained of were probably occasioned by
the state of New York having lately issued commissions, both
civil and military, to persons resident in the district called Vermont.
Resolved, that it be recommended to the state of New York to
revoke all commissions, either civil or military, which have been
issued by the said state since the month of May last, to persons
residing in the district called VYrmont, as described in the resolves of the 7th and 20th o' August, 1781.
That it be recommended to the persons exercising the powers
of government within the said district, to make fill and ample
satisfaction to Charles Phelps, William Shattuck, and Hlenry Evalns, and to all others in a similar predicament, for the damages
which they have sustained in person and property, in consequence of the measures taken against them in the said district, and
to suffer them to return to their habitations, and to remain unmolested in the district aforesaid.
That it be recommended to the state of New York, and to the
persons exercising the powers of government within the district
aforesaid, to adhere to the recommendations of congress contained
in their resolve of September 2-, 1779,1 until a decision shall he
had by congress on the subject referred to them by the said state
of New York and the said district of Vermont.
Several votes were taken, indicating the dissatisfaction of a majority of congress with this report, and the question was not disposed of.2
Mr. Madison thus noted the day's debate 
The report, which ascribed the evils prievalent in that district
to a late act of New York which violated the recommendation of
congress of' 1779, wa s generally admitted to be unjust and unfair,
as Vermont had uniformly disregarded the recommendation. Mr.
Howell [of Rhode Island] was the only member who openly supported it. The New York delegates denied there had been any
violition on their part. The temper of congress on this occasion,
as the yeas and nays show, was less favorable to Vermont than
on any prececling one —the effect probably of the territorial cession
of Nevw Yor/k to the frnited'.tatce,.3
Ante, 29. Slate Papers, 110.
2 WilClianms, Vol. II, 246. Ecaster VTeont 4nt,   4 68. Ea rly Hist., 412.
8Madison Pcapers, Vol. I, 198.




310                The fHadiimand TPalers.
Nov. 25. A letter was read from the lieutenant-governor of
Rhode Island, containing evidence that some of the leaders in Vermont, and particularly Luke Nolton [Knowlton,] who had been
deputed in'1780 to congress as a n agent for that party opposed to
its independence, but who had since changed sides, had been intriguing with the enemy in New York. The letter was committed.'
Debate, Nov. 27, on report of committee on Knowlton's case.
The question of sending a military force to Vermont attended to,
and a counter proposition was to notify the authorities of Vermont, &c. In the co-urse of the debate,5 Ar. Clark informed congress that the delegates of New Jersey could not vote for any act
which might oppose force to the authority of Vermont, -the legislature of that state having' so construed the resolutions of 7th and
20th of August as to be incompatible therewith, and accordingly
instructed their delegates.2
1782.   Report mentioned November 14, in regard to AerD-ec. 3. montD, called up by Mr. McKean'[of Delaware] and postponed on his motion, to make way for a set of resolutions
declaring that, as Vermont in contempt of the authority of congress and their recommendations of 1779. exercised jurisdiction
over sundry persons professing allegiance to the state of New York,
banishing them and stripping them of their possessions, the former
be recuired to make resttutiton, &c.; and that, in case of refusal
or neglect, congress will enforce the same. This proceeding seems
to have been on the application of Phelps and others, exiles friom
Vermont. Mr. Clark of New Jersey and Mr. Howell of Rhode
Island were opposed to force. iMr. Catrroll [Daniel Carroll of
Marylanid,] on this occasion informedl congress hle had changed
his opinion in regard to Vermont, ulnderC the belief that " the govening party in Vermonit were perfidiously devoted to British interests "-reierred to ger. Whipple of N. H. as conifirming that
view. The proceedings on this subject evinced still Inore the conciliatory efrect of the territorial cession of New York on several
states, and the effect of the scheme of an ultra-lmotane state within
Pennsylvania, on that state.  The oily states in congress which
stood by Vermont, were Rhode Island, whiclh is supposed to be interested in lands in Vermont, and New Jersey, whose delegates
were under instructions.3
1 Maecison Pcapers, Vol. i, 206.
2 Scme, 209-212. For instructions of New Jersey in fill, adopted Nov.
1, 1782, see Ea'ly History, 504.
3 Aadison Pape'rs, Vol. I, 214, 215.




Force threatened by Congress.           311
Dec. 5. Resolutions moved by Mr. MeKean on the 27th of
Nov. [3d of Dec.] taken up, seconded by Mr. Hamilton, [of
New York.]    The resolutions were objected to chiefly by the
Rhode Island delegates, who urged that Vermont had complied
with the resolutions of Aug. 7 and 209 1781, and therefore [was]
entitled by the assent of Congress to independence.  Seven states
voted for the resolutions, Rhode Island  und New Jersey in the
negative.'
The following are the resolutions of Congress, Dec. 5, 1782:
Whereas, it appears to Congress, by authentic documents,
that the people inhabiting the district of country on the west side
of Connecticut river, commonly called the New-Hampshire Grants,
and claiming to be an independent state, in contempt of the authority of Congress, and in direct violation of their resolutions of
the 24th of September, 1779, and of the 2d of June, 1780,2 did, in
the month of September last, proceed to exercise jurisdiction over
the persons and properties of sundry inhabitants of the said district, professing themselves to be subjects of, and to owe allegiance
to the state of New-York, by means whereof divers of them have
been condemned to banishment, not to return on pain of death,
and confiscation of estate, and others have been fined in large
sums and otherwise deprived of property: therefore,
Resolved, That the said acts and proceedings of the said people,
being highly derogatory to the authority of the United States, and
dangerous to the confederacy, require the inmmediate and decided
interposition of Congress, for the protection and relief of such as
have suffered by them, and for preserving peace in the said district, until a decision shall be had of the controversy, relative to
the jurisdiction of the same:
That the people inhabiting the said district, claiming to be independent, be, and they are hereby required, without delay, to
make full and ample restitution to Timothy Church, Tirothy
Phelps, Henry Evans, William Shattuck, and such otlhers as have
been condemned to banishment and confiscation of estate, or have
otherwise been deprived of property since the first day of Septelmber last, for the damages they have sustained by the acts and proceedings aforesaid; and that they be not molested in their persons
or properties, on their return to their habitations in the said
district:
That the United States will take effectual measures to enforce
a compliance with the aforesaid resolutions, in case the same shall
be disobeyed by the people of the said district:
That no persons holding commissions under the state of New1Madison Papers, Vol. i, 220. 2 State Papers, 110, 117.




312                The Baldimantd Papers.
York, or under the people of the said district claimiing to be independent, exercise any authority over the persons and properties
of any inhabitants of said district, contrary to the forementioned
resolutions of the 24th of September, 1779, and the 2d of June,
1780.
That a copy of the foregoing resolutions be transmitted to
Thomas Chittenden, Esq., of Bennington, in the district aforesaid,
to be commlunicated to the people thereof.
These resolutions were adopted by the votes of New York and
New Hampshire, in violation of the very resolutions of Sept. 24,
1779, which it was now proposed to enforce upo1n Vermont by
military power. The third of the resolutions here referred to provided that, on the question of Ve rmoUt's jurisdiction, " neither of
the said states [claiming adverse to Vermonlt] lhall vote on any
question relative to the decision thereof."'
Dec. 10. Mr. Ramsay [of South Carolina] moved that the
secretary of war, who was about to visit his family in Massachusetts, should take Vermonti in his way and deliver the resolutions
of the 5th to Mr. Chittenden-rejected. Mr. Gilman [John
Taylor Gilman of New Hampshire] moved that a day be assigned
for determining finally the affair of Vermont. The opposition
made to the motion by Rlhode Island, and the disagreement as to
the day among the friends of the motion, prevented a decision,
and it was suff-ered to lie over.2
Dec.. 11. WM.  ilson [of Pennsylvania] made a motion, referring the tiansmission of the resolutions concerning Vermont, to
the secretary of war in such words as left him an option of
being the bearer without the avowed sanction of congress. The
votes of Virginia and New York negatived it. The president
[Elias Boudinot of New Jersey] informed congress that he should
send the resolutions to the commander-in-chief to be forwarded.3
Dec. 17, Vermont was again on the taiis in congress. Its only
advocates were Rhode Island and New Jersey - the first interested, said Mr. Madison, and the last bound by instructions. Mr.
Tichenor had arrived, probably on account of the turn in congress unfavorable to Verlmont.4
A letter was received, Jan. 15, 1783, from general Washington, enclosing a certificate from M3fr. Chittenden of Vermont, ackVt. State Pcraers, 112. Ecarly History, 414-417.' Madicson Papers, Vol. I, 228. 3 Scamne, 229. 4 Scae, 489.




Insurrection in Windham CUounty.         313
nowledging the receipt of the communication which general
Washington had sent him, of the proceedings of congress of the
5th December.'
Insurrection in Wtindhavm County.
The resolutions of congress of the 5th December were communicated, by a letter of gov. Clinton dated the 23d, to the committees of the four towns in Windham county most opposed to Vermont. He advised his civil and military officers in Vermont to
restrict themselves in the exercise of their official authority to
persons owning allegiance to New York; and also that Church,
Phelps, Evans, and Shattuck should make up accounts of their
losses and present them to gov. Chittenden. Trusting that the
mass of the people of the county would return to the jurisdiction
of New York, he assured protection to their property under the
acts of April 1781, or new acts if necessary, and exhorted them
to be watchful of the conduct of those who are disaffected to the
liberties of America.2
Evans, Church, and Shattuck had returned, the latter reaching
home on the 15th of December, to find Vermont proceeding against
a neighbor, Daniel Shepardson.  Shattuck and friends agreed on
the 17th to protect Shepardson, but on the 18th learned that Vermont had re-arrested col. Church, who was then subject to the
death penalty of the conspiracy act. Shattuck then changed his
plan, raised two companies, and attempted to arrest and hold col.
Benjamin Carpenter, former lieutenant-govvrnor of Vermont, as a
hostage for Church. Failing in that, he did seize, on the 20th,
John Bridgman, one of the Vermont judges of the county court.
On the 21st, Bridgman was released on parole, to visit gov. Chittenden and endeavor to procure the release of col. Church. These
movements stirred up col. John Sergeant of the Vermont militia
to bring out a force to suppress the new insurrection, but nothing
came of it but a truce, until Feb. 1, 1788, on condition either that
Bridgman should report himself as prisoner to the New York
force, or col. Church be released, by the 2d of January. Govc
1 Maldison Papers, Vol. i, 263.
2 Easterln Vermont, 472-474.
40




314               The Haldimnand Papers.
Chittenden would not release Church, and Bridgman returned,
when his parole was extended during the pleasure of gov. Clinton.
On being informed by Stephen R. Bradley of the arrest of col.
Church, gov. Chittenden indicated his firm purpose to maintain
the authority of Vermont against all opposition, by the following
reply:
Dec. 24. I received your letter with the prisoner, and approve
of your conduct. Have sent to Col. Robinson to call the superior
court immediately for his trial, and I hope and trust justice will
be done him. I have sent twelve pounds powder agreeable to
your request. As to sending or ordering a standing force'to Guilford, I had rather hang them [the Yorkers] one by one, until
they are all extirpated from the face of the earth. However, I
wait for the return of the officers that commanded the posse (which
will soon be) to send orders to the sheriff to collect the fines and
cost, when, if they continue obstinate, a force must accompany the
sheriff sufficient to silence them. I am not without hopes that the
consequences of Church's trial will have some good effect on his
connections.
Dec. 28. Col. Church addressed a petition to the people of
Vermont, pleading that his affection for his family, and not contempt for the authority of the state, had induced him to return to
Vermont; confessing that he had once taken the freeman's oath
prescribed by Vermont, and had subsequently opposed the government; and, though studiously refraining from any acknowledgment of wrong-doing, he prayed for pardon and forgiveness and
re-admittance to freedom and privileges. Such a petition hardly
commended him to favor. Jan. 17th, the Guilford committee
wrote that Church would be hanged; and Feb. 6, gov. Clinton
himself informed a New York delegate in congress, that Vermont
had not and would not comply with the late resolutions of that
body; and that they [the Vermonters] asserted that, notwithstanding the threat of congress, no coercive measures would be
pursued against them. Still he had assurances from the Guilford
committee that the majority of the people on the east side of the
mountain would renounce Vermont if congress would protect
them. On the 19th of January major Evans [then at home unmolested] wrote: " I am credibly informed that the Vermont author



Trermont Afairs in Congress.            315
ity over the mountain holds. congress and all their resolves in
scorn and contempt. The Vermonters on this [east] side the
mountain say they will adhere to congress, though they should
renounce Vermont."    Thus far gov. Chittenden was as firm
against congress as he had been against the adherents to New York
in Windham county; so far Evans was right.
1783.   IN COUNCIL: Ordered, that Col. Ira Allen and ThomJan. 10. as Tolman, esqr., prepare and complete the draught
of a remonstrance or letter to the President of the honl. Congress, and lay the same before his excellency the Governor for
his approbation and signature.2
This remonstrance, thus ordered on the 10th, probably had
been previously prepared, as it was dated as of the 9th January.
It was as follows:
Gov. Ohittenden to the President of Conyress.3
BENNINGTON, January 9, 1783.
To his Excellency the President of Congress:
Sir:-Your Excellency's letter of the 1th ult. inclosing an act
of Congress of the 5th of December last, I have duly received, and
have this day laid the same before the Council of this State, who
agree in the opinion, that the interference of Congress to controul
the internal police and government of this State, is a matter too serious and extensive in its nature, to be determined without consulting the Legislative Authority of the State, whose adjourned
session is to be attended on the second Thursday of February
next; at which time, I shall lay the same before them, and, as
soon as may Le, communicate to your Excellency their determinations on the premises. And, in the mean time, beg leave to lay
before Congress the following remonstrance against their said Act,
which is founded partly on a mutual agreement between Congress
on the one part, and the State of Vermont on the other, that the
latter should have been taken into the foederal union of the United
States, previous to the date of the passing of the said Act; and
partly on the impropriety of the claim of Congress to interfere in
the internal government of this State. And,
1st. Congress is reminded of their solemn engagements to this
State, in their public acts of the 7th and 21st of August, 1781,
Eastern Vermont, 477-481.
2 Council Journal, 1781 to 1784, 31.
3 State Papers, 178-185.




316                The Hfaldimand Papers.
which were officially transmitted to the Legislature of this State,
and are in the words following:
[Here follow the resolutions of Congress of August 7th and
20th, 1781, ante 157, 167.]
Confiding in the faith and ]honor of Congress in the foregoing
resolutions, and, in consequence of advice received in a letter
from his Excellency General Washington, dated the 1st of January, 1782, which was publicly read and on which gret confidence
was placed, in which he says,' It is not my business, neither do 1
think it necessary, now to discuss the origin of the right of a naumber of inhabitants to that tract of country, formerly distinguished
by the name of the New-Hampshire Grants, and now known by
that of Vermont. I will take it for granted, that their right was
good, because Congress, by their resolve of the 7th of August imnplies it, and by that of the 2 I st are willing fully to confirm it, provided the new State is confined to certain described bounds.  It,
appears, therefore, to me, that the dispute of boundary is the only
one that exists, and that, that being removed, all further difficulties would be removed also, and the matter terminated to the satisfaction of all parties."  His Excellency the General further
observes: " You have nothing to do, but withdraw your jurisdiction to the confines of your old limits, and obtain an acknowledgment of independence and sovereignty, under the resolve of the
21st of August, for so lmuch territory as does not interfere with the
ancient established bounds of New-York, New-Hamipshire, and
Massachusetts. I persuade myself, you will see and acquiesce in
the reason, the justice, and, indeed, necessity of such a decision."
The Legislature of this State were induced to comply with the
incdinensable preliminary required of tihem, in the last recited
act of Congress, as appears by the following, which is an extract
of their proceedings.
[His Excellency here recites the resolution of the Legislature
of Vermont, on the 23d of February, 1782, by which the eastern
and western unions were dissolved, and the proceedings of Congress, thereon, of the 17th of April following: ante 245, 248, 259.]
By the last mentioned motions, and the manner in which Congress left the matter, the Agents and Delegates, in behalf of this
State, officially delivered to his Excellency, then President of
Congress, a letter, of which the following is a copy.
[For this letter, see ante 261.]
In consequence of this procrastination of Congress, the Agents
of Vermont returned, and reported the aforesaid proceedings to
the Legislature of this State. And in October last, the said Legislature again appointed Agents, with full powers and instructions,




Gov. Chittenden to the President of Congress.  317
for the purpose of meeting Congress upon terms and articles of an
admission of this State into the foederal union, not conceiving
that Congress would have departed from their agreement before
recited; but supposing their hitherto declining to execute it
might have been owing to a stretch of policy incomprehensible to
this government.
This being the confident disposition of the inhabitants of this
State towards Congress, and a recognition of their independence
and sovereignty, and admission into the fcederal union, being thus
secured by the promise and engagement of the United States, they
could not, in this situation, be otherwise than alarmed, on receiving an act of Congress in the following words
[For this act of Congress, see ante 311.]
From the before recited resolutions of Congress, the journals of
the Legislature of this State, and the after transactions between
the United States in Congress assembled and the Agents or Delegates fiom this State, the following inferences are deduced, to
wit: the last mentioned resolutions of Congress of the 5th of December, 1782, are altogether predicated on other resolutions of
theirs, of the 24th of September, 1779, and 2d of June, 1780,'
which prescribed to this State, in part, a desisting from the exercise of civil government; in which intermediate space of time,
between the passing of the said resolutions of the 24th of Septemember, 1779, and 2d of June, 1780, and those of the 5th of December, -1782, a confederation or foederal Union between the
United States, represented in Congress, and the Legislature of
this State, had been mutually agreeed upon between them; which
agreement absolutely nullified the firce and validity of those resolutions of Congress of the i2th of September, 1779, and 2d of
June, 1780, on the suppositionl that they were originally binding
on this government (Awhich is by no means admitted.)  And inasmuch as the said last resolutions of Congress on the 5th day of
December, 1782, a-e essentially founded on those antecedent resolutions of theirs, of 1779, f d 1780, which Tere disannulled by
the same authority that resolved them, in consequence of a subsequent mutual agreement of a foederal union between the United
States and this State, as aforesaid, and necessarily invalidates the
last resolutions of Congress of the 5th of December, 1782; for
they cannot be of anly more validity than those other resolutions of
1779, and 1780, on which they were predicated; for, the before
recited preliminary agreement, proposed on the part of Congress,
of a foederal union o'f the United States with this, and in the
fullest and most explicit manner, acceded to, on the part of this
Ante, 29, 31. State PPapers, 110, 117.




318                The Haldimnand Papers.
State, is something or nothing.  If it amounts to anything, it supercedes and invalidates all antecedent and subsequent resolutions
of Congress, respecting this State, and renders them nugatory,
and is still binding on the part of Congress; but if such solemn
agreements are nothing, all faith, trust, or confidence in the transactions of public bodies, is at an end. So certain as the plighted
faith of Congress, in their said stipulated agreement with this
State, was originally binding on them, the obligation still remains
the same, which, of necessary consequence, invalidates all other
resolutions of Congress respecting this State, until it is ratified
by an admittance of this state into the colnfederation of the
United States, on their part.
I have argued thus far on Congress' own principles; and
proceed, next, to the second part of the argument, predicated
on the impropriety of the pretentious of Congress to controul
the internal police of this State. Congress will not (it is presumed) pretend to unlimited power, or to any other than what
has been delegated to them from the United States; nor will
they pretend that their articles of confederation will warrant
them in interfering with, or controuling, the internal police of
the United States; whence, then, did they obtain a rightful
prerogative over the internal police of this State, from which
they have never received any delegated power? This State,
(on revolution principles,) has as good a right to independence
as Congress, and has an equal right, (or rather no right,) to,pass resolutions prescribing measures to Congress, as Congress
has to prescribe to this State, to receive their banished, and make
restitution to them and other criminals, of the property, which, by
legal process, has been taken from them, for their enormities
heretofore committed against the laws and authority of this State.
Formerly it has been argued by Congress, and that justly, " that
if Great Britain had a right to tax the " (then) " American Colonists, as they pleased, without representation, the Colonists could
not call any part of their cash their own, since it might be taxed
from them without their consent."  The same argument will apply against the right of Congress, to controul the civil authority
of this State; for, if they may, in one instance, do it, they may in
another, and so on, till they suppress the whole. But should
they endeavor to frustrate the independence of this State, which
has as good a right to it as themselves, it would be a manifest departure from their original design of liberty. Congress opposed
the arbitrary, assumed prerogative of the British government, to
make laws to bind the (then) colonists, or to controul their internal police, and have brought about a revolution, in which the people of this State have signalized themselves.




(Jov. Chittenden to the President of Congress.  319
How inconsistent, then, is it in Congress, to assume the same
arbitrary stretch of prerogative over Vermont, for which they
waged war against Great Britain? Is the liberty and natural
rights of mankind a mere bubble, and the sport of state politicians'?
What avails it to America to establish one arbitrary power on the
ruins of another?  Congress set up as patriots for liberty; they
did well-but pray extend the liberty, for which they are contending, to others. The inhabitants of the territory of Vermont have
lived in a state of independence from their first settlement, to this
day. Their first mode of government and management of their
internal police, was very similar to that of the United States, in
their first separation from the British government. They were
governed by'Committees of Safety, and Conventions; which last
was their highest judicature for the security of their just rights
against the oppressions of the (then) province of New-York, (the
principal officers of the G-reen Mountain Boys being then judges
in the said territory,) and which, on the 15th day of January,
1777, declared themselves to be a free and independent State, and
have, from their first settlement of the country, maintained their
independence, and protected their lives and properties, against all
invaders, and date their freedom from the royal adjudication of
the boundary line between New-York and New-Hampshire, the
20th July, 1764, and are now in the eighteenth year of their independence, and cannot submit to be resolved out of it, by the undue influence, which the State of New-York (their old adversary)
has in Congress. This is too much,-heaven forbid it! The feelings of the citizens of Vermont, over which I have the honor to
preside, (I am persuaded) will never give in to it;-they are free,
and in possession of it, and will remain independent of New-York,
notwithstanding their artifice or power.  This State have no controversy with the United States, complexly considered, and is, at
all times, ready and able to vindicate their just rights and liberties, against any usurpations of the State of New-York.
To return to the transactions of Congress, particularly their resolves of the 5th of December, 1782. G Resolved, That the said
acts and proceedings of the said people,"-(which was that of
their courts of justice punishing delinquents, in due form of lawv,)
"being highly derogatory to the authority of the United States,
and dangerous to the confederacy, require the immediate and decided interposition of Congress, for the protection and relief of
such as have suffered by them, and for preserving peace in the
said district, until a decision shall be had of the controversy, relative to the jurisdiction of the same."  That the exercise of civil
law in this State is derogatory to the authority of the United States,
considered as sach, or that it should be thought dangerous to the




320               The Haldimnand Papers.
confederacy, is paradoxical or that the interposition of' Congress
in this matter would be a means of restoring peace in this State,
is equally so. Law, peace, and order were established in this district, previous to the late resolves of Congress; wlhat discord they
may occasion, time must determine.  It is a general opinion that
a ratification of the said stipulated agreement would have had a
more salutary tendency to peace, than the late resolutions. And
as to the decision of the jurisdiction of the territory of this State,
Congress, in their resolutions of the 7th and 21st of August, 1781,
did determine the limits, which they would guarantee to the states
of New-Hampshire and New-Yfork, by virtue of the articles of confederation of the United States  which is as follows:-" By the
United States in Congress assembled, August 21, 1731: It being
the fixed purpose of Congress to adhere to the guarantee of
the States of New Hampshire and New-York, contained in their
resolutions of the 7th instant'," to wit, that "6 they will consider all
the lands belonging to New-Hampshire and New-York, respectively, without the limits of Vermont aforesaicl, 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 Vernmont aforesaid."
Thus far the resolutions of the 7th of August, referred to in the
resolutions of the 21st: the latter of which proceeds to point out
the particular boundaries of the guarantee to the States iforesaid,
to wit: To the State of New-Hampshire all the lands " on the
east side of the west bank of Connecticut river;" and to the State
of New-York all the lands " on the west side of a line beginning
at the northwest corner of the State of Massachusetts, thence by a
line, twenty miles east of Hudson's river, so far as said river runs
northerly 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 latitude 45 north, excepting a neck of land
between Missiseo Bay and the waters of Lake Champlain."l That
Congress has explicitly pointed out, and determined the boundaries of the guarantee of the lands and jurisdiction of the States of
New-Hampshire and. New-York, as far as their respective claims
interfere with this State, was the opinion of the Committee of the
whole Legislature of this State, as may be seen from their journals
viz: " Resolved, That in the sense of this Committee, Congress,
by their resolutions of August last, in guaranteeing to the States
of New York and New Hampshire, respectively, all the territory




G-ov. Chittenden to the President of Congress.  321
without certain limits therein expressed, have eventually determined the boundaries of this State."
To this limitation of Vermont, its Legislature concurred, as the
before quoted journals may evince. The boundaries of the States
of New-York and New Hampshire, as far as they interfere with the
State of Vermont, having been already thus adjudicated by Congress, what propriety is there, then, in the resolutions of the 5th
of December, 1782, in which they break over their own adjudicated bounds of August, 1781,- requiring this State " without delay to make full and ample restitution to Timothy Church, Timothy Phelps, Henry Evans, William Shattuck, and such others as
have been condemned to banishment and confiscation of estate, or
have, otherwise, been deprived of property, since the first day of
September last, and that they be not molested in their persons or
properties, on their return to their habitations in the said district."
Congress has been so mutable in their resolutions respecting Vermont, that it is impossible to know on what ground to find them,
or what they design next. At one time, they guarantee to the
States of New-York and New-Hampshire their lands and jurisdiction, to certain described limits, leaving a place for the existence
of this State. And the next tlhat this government hears from them,
they are within those limits, controuling the internal government
of this State. Again, they prescribe preliminaries of confederation, and when complied with, on the part of this State, they unreasonably procrastinate tile ratification thereof.  " That the
United States will take effectual measures to enforce a compliance
with the aforesaid resolution, in case the same shall be disobeyed
by the people of the said district."  In this case, it is probable
that this State would appeal to the justice of his Excellency,
General Washington, and, inasmuch as his Excellency, the General, and most of' the inhabitants of the coiigtuous States, are in
favor of the independence of this State, as limited by Congress,
as aforesaid, I beg leave to suggest to them, whether it is not more
prudent to refer the settlemelt of this dispute to the States of
New-York and Vermlont, t, an to embroil the confederacy of the
United States therewith.
Although this state is not amenable to the tribunal of Congress
for the management of their internal police, I, nevertheless, will
give them a brief narrative of facts, relative to those delinquents,
in whose behalf Congress, in their resolutions of December last,
have interposed. At the session of the General Assembly of this
State, in February, 1781, they made a general act of amnesty, in
favor of such persons, within this State, who had previously made
opposition to its authority; upon which they unanimously submitted to this government, and all opposition to it ceased, for more
41




322                The Haldimand Papers.
than one year, when, the Legislature having ordered a certain
quota of men, to be raised in the several towns throughout this
State, for the defense of its frontiers, evil minded persons in the
town and vicinage of Guilford, in the southerly part of the county
of Windham, opposed the raising and paying of them, and Governor Clinton of the State of New-York, by letters to them and otherwise, interfered in their behalf, which caused a second insurrection in this State; and though every prudent and lenient measure
was taken by government, to reclaim the offenders, they proved
ineffectual. In the mean time, Governor Clinton gave comnmissions, civil and military, to sundry of those disaffected persons, and
they had the effrontery to attempt to exercise the laws of the State
of New-York, over the citizens of this State; when a military
force was, by the direction of this government, sent to assist the
sheriff of Windham county, in the execution of the laws of this
State; and the procedure of the court, relative to the five criminals, who were banished, and to sundry others, who were amerced
in pecuniary fines, was in due form of law. The notorious Samuel Ely, who was ring-leader of the late seditions in the State of
Massachusetts, a fugitive from justice, was one of the banished.
He had left that State, and was beginning insurrections in this;
when lie was detected, and carefully delivered to the sheriff of
the county of Hampshire, in the State of Massachusetts, who as I
have been since informed, has secured him in gaol at Boston, to the
great satisfaction and peace of that State. This same Samuel
Ely, Timothy Church, and William Shattuck, who were three of
the banished, had previously taken the oath of allegiance to this
State, and so had a greater part of those who were fined; and
every of the towns, in which they resided, had, for several sessions
o' Assembly, previous to their insurrection, been represented in
the Legislature of this State. So that, admitting the resolutions
of Congress of the 24th of September, 1779, and 2d of June, 1780,
to be binding on the States of New-York and Vermont, which
prescribed to them to exercise their respective jurisdictions over
such of the inhabitants of the controverted territory, who should
profess to owe allegiance to one or both of them, and not to intefere with each other's jurisdiction; and as every of those inhabitants, previous to the late insurrection, had conformed to the
government of this State, the jurisdiction of the State of New-York
became extinct: and Congress having, in their said resolves, given
their premised right of jurisdiction to the States of New-York and
Vermont; and that of' New-York having ended as aforesaid, the
whole right of jurisdiction reverted to the State of Vermont, so
that Congress, by their said resolutions of 1779, and 1780, fairly
put the aforesaid banished persons and others, under the jurisdic



Gov. Chittenden to the President of Conyress.  323
tion of this State, and are foreclosed from interfering with the
jurisdiction of the same; and, consequently, could have no jurisdiction of those matters, which, in their resolutions of the 5th of
December, 1782, they object to the civil authority of this State,
and in which they so spiritedly interpose their prerogative,-for
that the said delinquents were, every of them, in just construction
of law or reason, subjects of this State; and, therefore, agreeable
to the express tenor of those resolutions of Congress of 1779, and
1780, could not be amenable to any other laws or regulations,
but those of the State of Vermont.
But, admitting that Congress has a judicial authority to controul
the internal police of this State, it has an incontestable right to be
heard in its defense; as a party, (in law,) and should, on this thesis, have been cited by Congress to a hearing at their tribunal,
previous to their having passed their resolutions of the 5th'of December last, that this State might have the privilege of vindicating
their cause. But that Congress, at the special instance of 
-—, (a notorious cheat and nuisance to mankind, as far as his
acquaintance and dealings have been extended,) should come to a
decision of so important a matter, ex.parte, is illegal, and contrary
to the law of nature and nations.
Sir, I beg leave to conclude this remonstrance, by earnestly soliciting a fcederal union with the United Slates, agreeable to the
before recited preliminary agreement, which the committee of
Congress have reported has' become ab3olute and necessary on
their part, to be performed," and from which this State will not
recede. I have the honor, to be, sir, with due respect, your Excellency's obedient and humble servant, THOMAS CHITTENDEN.
IN CONGRESS: Jan. 27. A letter was received from general
Washington, transmitting th- report of the officer [Israel Smith]
sent to Vermont to arrest Luke Knowlton and Samuel Wells, for
intriguing with the enemy. Their escape was charged to information given by Jonathan Arnold, a delegate in congress from
Rhode Island and a friend to Vermont. Mr. Arnold was present,
and said he had never had any correspondence with either Knowlton or Wells. Mr. Madison recorded that it was generally considered that he had, at least at second hand, conveyed the intelligence to Vermont.'
1 Madison Papers, Vol. I, 282. Mr. Arnold did write to gov. Chittenden on the 25th and 26th December 1782, but it is hardly to be presumed
that these letters conveyed any information as to the proposed arrests.
Both were laid before the general assembly, Feb. 13, 1783, in connection
with information as to the action of congress on the Vermont question.




324                The Haldimand Papers.
Reception of Vermont' R2emnonstrance in (Ooi/gr(es?.
1783.   An indecent and tart remonstrance was received from
Feb. 4. Vermont against the interposition of congress in favor
of the persons who had been banished, and whose effects had been
confiscated. A motion was made by Mr. Hamilton [of New York]
seconded by Mr. Dyer [of Connecticut,] to commit it. Mr. Wolcott [of Connecticut,] who had always patronized the (ase o'f ermont, wished to know the views of a commitment. Mr. Hamilton
said his view was, to fulfil the resolutions. of C1og/res. c s, thich 7ournd
them to enforce the measure. Mr. Dyer said his was, that so dishonorable a,menace [as that of congress to Vermont] mtight bte as
quickly as possible renounced.  He said Gen. Washington was in
favor of Vermont, that the principal people of Newv England were
all supporters of them, and that Congress ought to rectify teie error into which they had been led, without longer exposing themselves to reproach on this subject. It was committed without dissent.'
G-en. W`4shinhtoon to the lPresident of Congress.2
NEWBUIR GHI-, Feb. 7, 1783.
Sir: Within these few days I have seen printed copies of''
Remonstrance of the Council of the State of Vermont against the
resolutions of Congress of the 5tth of December last,' addressed to
your excellency, in which are several quotations from a letter of
mine. Duty as well as inclination prompts me to lay before Congress the whole of that letter, and the one to which it was an answer.  If it should be necessary, a committee of Congress, with
whom I was in conference on these matters in the course of last
winter, can give such further information on this subject as I doubt
not will be satisfactory.
I have the honor to be, with great respect, yo'r excellency's
most obed't serv't,                     GEO. WASHINt(TON.
His Excellency, the President of Congre'-ss.
[Enclosures -Letter of Chittenden to Washington, Nov. 14,
1781: and of Washington to Chittenden, Jan.  1 782.]
G-ent. Wa'shingtfonv to Joseplh Jones in Coerst 9,ess.3
NEWBURGH, 11 Feblruary, 1783.
Dear Sir - 1 am about to write you a letter on a sub)ject equally
important and delicate, which may be extensive in its consequen1Iaclison Papers, Vol. I, 319.
2 Washingtoln's Letters, State Department.
8Life and Writings, Vol.. vnii, 382.




Gen. T;ashington opposed to TW/r,ith Vermont..325
ces and serious in its nature. I shall confine myself to the recital of what I believe to be facts, and leave it with you to make
deductions.
The printed remonstrance of Mr. Chittenden andl his council,
addressed to the President of Congress and founded upon the resolves of the 5th of December last, contains a favorable recital in
their own behalf, of what I suppose to be facts; but, if my memory serves me, it is an uncandid perfoirmance, inasmuch as it keeps
out of view an important transaction of theirs, which was consequent on those resolves.' Be this as it mlay, matters seem to be
approaching too fast to a disagreeable issue, for the quiet of my
mind. The resolves on one htand, and the remonstrance on the
other, unless it should be annulled by the legislature at their next
meeting, which I do not expect, seem to leave little room for an
amicable decision.
Affairs being thus situated, permit me to ask how far, and by
what means, coercion is to be extended. The army, I presume,
will be the answer to the latter. Circumlstances, (for there can
be no determination after blood is once drawn) alone can prescribe
bounds to the former. It has been said, but of this you can judge
better than I, that the delegates of the New England States in
Congress, or a majority of them, are wiiling to admit these people iIto the Feedteral tinion, as an inde-peadent and sovereign State. Be
this as it may, two things i am surle of', namely, that they have a
powerful interest in those States,  d pursued very politic measures to stiengthen and increase it, long before I had any knowledge of the matter, and before the tendency of it was seen into or
suspected, by granting upon very adsvatageous terms large tracts
of land; in which, I am sorry to find, the army in some degree
have participated.
Let me next ask, by whom is this district of country principally
settled? And of whhom is your present army (I do not confine the
question to this part of it, but will extend it to the whole) comprised? The answers are evident, - New England men. It has
been the opinion of some, that the appearance of force would awe
these people into submission. If t the  ener  Assembly atify and
confirm what itL. Chittendon and his council have cone, I shall be
of a very different sen.timent; and moreover, thtat it is not a trifling force that will sublde them, even supposing they derive no
aid fr1om the enemy in Canada; and thatitit would be a very arduous task indeed, i' they should, to say nothing, of a diversioii, which
It is difficult to conjecture what was in Washingltlons mind, and the
editor leaves the task to the reader.




326                The ffaldimancd Papers.
may and doubtless would be made in their favor from New York,
[by Carleton,] if the war with Great Britain should continue.
The country is very mountainous, full of defiles, and extremely
strong.  The inhabitants, for the most part, are a hardy race,
composed of that kind of people who are best calculated for soldiers; in truth, who are soldiers; for many, many hundreds of
them are deserters from this army, who, having acquired property
there, would be desperate in the defense of it, well knowing
that they were fighting with halters about their necks.'
It may be asked if I am acquainted with the sentiments of the
army on the subject of this dispute. I readily answer, No, not
intimately. It is a matter of too delicate a nature to agitate for
the purpose of information. But I have heard many officers of
rank and discernment, and hriye learned by indirect inquiries that
others, express the utmost horror at the idea of shedding blood in
this dispute, comparing it in its consequences, though not in its
principles, to the quarrel with Great Britain, who thought she was
only to hold up the rod and all would be hushed. I cannot at
this time undertake to say, that there would be anyl difficulty with
the army, if it were to be ordered on this service, but I should be
exceedingly unhap)py to see the experiment.  For besides the reasons before suggested, I Ibelieve there would be a great and general unwillingness to embrue their hands in the blood of their
brethren. I have to add, that almost at the same instant a number
of the printed copies of tle lremonstrance were disseminated
through the army. What effect it will have, I know not. The
design is obvious.
I promised in the beginning of this letter, that I should content
myself with a simple relation of facts. I shall only lament, that
Congress did not in the commencement of this dispute act decidedly. This matter, as you well know, was much agitated last
winter, and a committee of Congress, with whom I had the honor
to be in conference, and of which I believxe you were one, approved
of my writing an answer to the effect it was given.
With great regard, I am, &c.,     GEO. WASHINGTON.
Joseph Jovnes, in Cob'ngress, to General Watshington. - [Extract.]2
Feb. 27.  With respect to the business of Vermont, I think you
need not be uneasy from apprehensions that the army, or any part
Undoubtedly true: as Vernmont was not a member of the confederacy,
it fuirnished a desirable refuoe for deserters who did not wish to go to
Canada. It is to be remembered, however, that the Vermont authorities aided in the arrest of deserters whenever requested. -Ante, 243.
2 Correspondence of the Revolution, Vol. III, 557.




Joseyph Jones to General Washington.       327
of them, will be employed to enforce a compliance with the act of
the 5th of December last, should the people of Vermont refuse a
compliance with that demand; at least for sonme time to come, if
ever. To go into detail upon this matter would be prolix, and
rather improper for the scope of a letter. It cannot be denied
that the act of Congress of the 20th August [1781] opened the
prospect to Vermont of an acknowledgment of their independence
and admission into the Union. Although it gave ground of hope,
it was not conclusive: and the Legislature of Vermont, absolutely
rejecting the offer, and recommending to the people an inviolable
adherance to their union and encroachments on the adjoining
States, as well as other unwarrantable acts they have unjustly concealed from the public in their remonstrance, released Congress
from their offer, and left them at liberty afterwards to accept or
refuse, as they saw fit, when Vermont, repenting of her conduct,
at a future period complied.
A particular state of things produced the act of Congress; a
change of circumstances afterwards dictated the delay in determining on their proposition, and the report of a committee, to
whom it was referred. This report authorises observations I decline to make. This proceeding in Congress they style a violation of the compact entered into with them  There always has
been a strong opposition to the claims of Vermont, and their admission into the Union. Virginia has generally been among the
number of her opponents, not so much, perhaps, upon the question of independence, as the impolicy of her admission into the
Union while several very important questions of local concern
remained undetermined; and, -until these great points are settled,
the consent of Virginia, I expect, will be withheld., and, if before
obtained, it will be a sacrifice of her opinion to the peace and
common weal of the United States.
If Vermont confines herself to the limits assigned to her, and
ceases to encroach upon and disturb the quiet of the adjoining
states, at the same time avoiding combinations, or arts, hostile to
the United States, she may be at rest within her limits, and, by
patient waiting the convenient time, Iay ere long be admitted to
the privileges of Union. The influence Vermont has gained in
the army, and in some of the states that espouse her cause, do little credit to the parties concerned; and to this influence is in a
great measure to be ascribed the variable, indecisive conduct of
Congress respecting the claims of that people. The remonstrance
states the receipt of oficial letters recommending a compliance
with the act of Congress, and intimates yours to be of the number;I
1 Williams and Ira Allen both testify that Washington's letter did have
very great influence with the legislature, unofficial though the letter was.




328                Tl7/e ifaldimcand Papies).
and that these communications influenced them to comply.  The
assertion is wrong as to yours, and may be equally false as io the
others, and is o!e proof, among a variety of others, of the disingenuity and want of candor in Vermont. It exhibits, also, very little
respect to that body, when' they ascribe their coimpliance to other
motives than the recommendation of Congress.s
(Gener al A-ssemrlbly of' Iei'ont, Febrlciat   csn'Sin, 1783.
IN JOINT AsszMBiaLY: Feb. 13. His excellency laid before the
house the followilng papers, viz: the proceedings of congress friom
the 5th of Novemler to the 5th of' December, 18, 8 respecting
Vermont, among which were the resolutions of the 5th of Decemhber. The said proceedings were attested by George Bond, Dept.
Secretary.   letter friom the 1onl. Jonathan Arnold, esqtI., i delegate in congress from Rhode Islancd,l dated Philaelphia, Dec.
2-th, 1782, directed to his excellencey ov. COittienden; also 0e
other letter from the same gentleman, directed as aforesaid and dated at tle same place the 26th Dec., 1782; a letter directed to his
excellency, signed Isaac Tichenor, dated at Bennington 2 d Feby.,
1783, enclosing instructions from the legislature at New Jersey to
their delegates [i congress,l dated Novi. 1st, 178; and also attested copies of affidavits or depositions of Joel Bigelow, William
Shattuck, Henry Evans, Oliver Lovewell, William Hn oughton,
Thomas Baker, and David Lambi which were sent to congress,
were read; and also a remonstrance, sigoed by Ihis excellency
Thomas Chittenden, esqr., directed to his excellency the president
of congress, dated Bennington, Jany. 9,th, 1783, was read.
On motion made by Mr, Enos, and seconded b:y Mr. Lyon, Rie^olved, that a committee of five be appointed to ta1ke under considerationl the resolutions of congress of the tith of Decemiber last,
and prepare a bill to lay belore the house for thde determination
of this assembly on said resolutions, and make report.
The members chosen, IMr. Chipluman, Mr. E. Robinson, Mr.
Evans, Mr. Strong, and Mr. Sabin. 2
IN COUNCIL: Feb. 17. A letter of the 13thl instant, f1 om major
Joseph Fay, was read and a verbal relation at the same time made
by Isaac Tichenor, esqr., relative to the transactions of congress'Indirect evidence is not needed to prove that the government and
people of Vermont had very little respect at. that tile, or ever aftevrward,
for the continental congress. That body had trifled too lo1g with Vermont, and hardly had the right to complain of an  boy by for a want of
candor or decision.
2 Assembly Jomr'al, 1778-1784, 452, 453.




Action of the General Assembly.          329
respecting the state of Vermont, on passing their act of the 5th of
December last.'
IN ASSEMBLY: Feb. 18. The house took under consideration
the appointment of a board of war, and on motion made, Resolved,
that this house will at this time proceed to choose seven persons
for a board of war.
The ballots being taken, gen. Roger Enos, col. John Strong,
gen. Sam'l Safford, col. Elijah Robinson, col Timothy Brownson,
col. Benjamin Wait, col. Moses Robinson were elected.2
Feb. 19. A petition signed Timothy Church was read and
referred to a committee of five to join a committee from the
council.3
This petition is here noted, because it was deemed of sufficient
importance to be sent to congress. An act was passed, granting
the prayer of the petitioner on his paying costs of suit and of imnprisonment. This act recited the petition as setting forth Church's
hearty penitence and determination to behave orderly and submissively ia case of pardon.4
Feb. 22. The committee to whom was referred the determining what number of men ought to be raised for the defense of the
frontiers of this state, &c., and how they shall be raised and paid,
brought in the following report, viz:
That in the opinion of your commtittee there ought to be raised
for the ensuing campaign, five hundred men, exclusive of commissioned officers; and that the same be properly affixed [officered], and raised and paid in the same way and manner as the
troops were ordered to be raised and paid the last campaign.
And that the time of raising said men, and the term which they
shall be raised for, be referred to such board as shall be thought
proper by the general assembly.
The above report was read and accepted, and ordered that a
bill be brought in accordingly.5
Feb. 25. Resolved, that six persons be elected at this time as
delegates to represent this state in the Congress of the United
States the year ensuing if necessary.
The ballots being taken, the honl. Moses Robinson, Jonas Fay,
Council Journal, 1781 to 1784, 33.
2 Assembly Joural, 1778-1784, 456. 3 Same, 459.
State Papers, 470.'Assembly Journal,: 1778-1784, 466.
42




830                 The Haldimand Papers.
esquires, Isaac Tichenor, esqr., the honl. Ira Allen and Paul
Spooner, esqrs., and Abel Curtiss, esqr., were elected.'
IN JOINT ASSEMBLY: Feb. 25. Whereas it is represented that
sundry false reports have been industriously circulated among the
inhabitants of the independent states of America, tending to excite jealousies and distrust and thereby lessen their friendship and
esteem towards the citizens of this state: on motion made in a
committee [of the whole] of both houses, the following resolutions were prepared and agreed to, viz.Resolved, that the citizens of this state have from their first
forming government, uniformly shewn in a public manner their
attachment to [the] common cause and desire of being connected
in a federal union with the United States, as may appear by
their resolutions and other public transactions.
Resolved, that neither the executive or legislative authority
of this state have ever entered into any negotiation, truce, or
combination with the enemies of this and the United States, except that only of an exchange of prisoners; and they are still
determined, at the risk of their lives and fortune:, to continne
their opposition to any attempts made, or that may hereafter
be made, to infringe or abridge the rights to [or] the freedom
and independence of this and the United States.   Nor is there
a disposition existing in this committee, from their confidence in
the good intentions of the United States, to afford their aid, to
propose, or consent to any terms of peace or otherwise, derogatory to or inconsistent with the rights, liberties, or independence
of this or the United States of America.2'Assembly Journal, 1778-1784, 471.
This is official testimony to the attachment and integrity of the great
body of the people and government of Vermont to the national cause.
But was it true? That it was, a careful analysis of the papers will show.
1st.-The negotiation, beyond an exchange of prisoners, was, from first
to last, wzithout official cathority: at the first interview with the British
commissioners Ira Allen said he was "not authorised to treat (f a Union,"
(ante, 109,) and in his last letter to Haldimand he said, "I am not cathorisec to make the proposition," (ante, 285.) Most frequently Allen and
Fay professed to represent the views of " the leading men," meaning the
few persons most interested in holding land against New York titles, and
who were in the secret. Whenever they spoke of the governor and council, general assembly, or government of Vermont, it was of views or actions depending on contingencies that never happened-as on page 284.
The very strongest expressions ever made by Ira Allen are on page 285,
and it will be observed that these immlediately follow his disavowal of




Action of the aeneral Assembly.            331
The committee [of the whole, and joint assembly] then dissolved.           Attest,          ROSWELL HOPKINS, Clerk.
IN ASSEMBLY: The aforesaid resolutions were read and agreed
to.'
IN COUNCIL: Feb. 25. The following act was received from
the general assembly, and after being read was ordered to be entered on the journals of council, viz:An Act to enable the Governor and Council to pardon certain persone therein described.
Whereas certain persons in the county of Windham have lately
been convicted, before the the supreme [superior] court of this
state, of conspiring and attempting an invasion, insurrection, and
public rebellion against this state, contrary to the form of the statute of this state passed in June last, entitled " an act for the punishment of conspiracy against the peace, liberties, and independence of this state," and have been banished therefor:
And whereas it is suggested that some of said persons are penitent and desirous of returning to their duty, and it is probable
that during the recess of this house some of said persons will petition for the pardon of their said offenses: this assembly being
desirous at all times of showing mercy when it can be done consistent with the public safety:
Be it therefore enacted, and it is hereby enacted by the representatives of the freemen of the state of Vermont in general assembly
met, and by the authority of the same, That his excellency the governor and the honorable the council of this state be and are hereby
fully authorized and empowered, upon application to them made,
during the adjournment of this assembly, to pardon any of the said
persons who have been banished from this state by the supreme
[superior] court as aforesaid, in as full and ample manner as this
assembly could do if convened.
STATE OF VERMONT, IN GENERAL ASSEMBLY.
Windsor, Feb. 24th, 1783.
The above act was read and passed the house.
Attest,                ROSWELL IOPIKINS, Clerk.
official authority, and that he spoke for the persons named, " cad their
p2rivy council" - a body unknown to the constitution and laws of Vermont. 2d.-By the agreement of both parties, the negotiation was secret, and hence no report of it was ever made to the general assembly,
but the fact and purport of it, exchanges excepted, were studiously concealed.
Assembly Jomtrnal, 1778-1784, 475, 476.




382                The fHaldimand Papers.
IN COUNCIL, Windsor, February 25th, 1783.
Read and concurred.
JONAs FAY, SeeCy P. T.
IN ASSEMBLY: Feb. 25. The committee appointed to prepare
an address to congress, as an answer to their resolutiors of the
5th of Deer. last, brought in the following, viz.WINDSOR, February 26, 1783.
To his Excellenc/,, the President: ofj Conyr.css:
Sir:-We the Legislature of Vermont request your Excellency to
communicate to Congress the following determinations of the freemen of this State, in answer to the requisition of Congress, of the
5th of December last.
We beg leave to observe that Congress, in and by their resolutions of the 7th and 21st of August, 17'81, did virtually acknowledge the right, and engage to recognize the indcependence of this
State, on compliance with a certain preliminary condition, therein
contained; which preliminary condition has been, in the most full
and ample manner, complied'with by this state, as appears from
the journals of this House, and the report of the conmm1ittee of Con
gress. In this situation, conscious of our right, and seeing such
right virtually acknowledged by Congress, we had no apprehension
of our becoming obnoxious, by an exercise of that right over those,
Who, by an oath of allegiance and otherwise, were th, liege subjects of this State, and had, in a flagrant manner, violated its laws
and disturbed the peace of government; and however this Legislature may be disposed to extend mercy to delinquents, on proper
application, yet, that mercy must be free, and at our own election.
All and every act of Congress, which inteerere with the internal
government of this State, and tend to prevent a general exercise
of our laws, are unjustifiable in their nature, and repugnant to every idea of freedom. It presupposes this State dependent on Congress, not only for the enjoyment of their independent right of jurisdiction, but for the right itself; whereas, the fact is, if we have
any right to be an independent jurisdiction, such right is, acld must
be, derived from association, and the civil compact of the people.
We conceive the several States in the union do not owe to Congress their right of existing independent of their neighbors; but
1 Council Journal, 1781 to 1784, 38, 39. Timothy Phelps, while in prison, availed himself of this act, and was pardoned, June 24, 1783, on the
conditions that had been required by the general assembly in the case
of Church, To his first offense Phelps had added another, by attemlptin;g
to disperse the superior court of Vermont at Marlborough, on tihe 4th of
Feb. 1783. - See Eastern7 e Vermont, 492-498.




Action of the General Assembly.          833
that each State was formed by the association and civil compact
of its inhabitaits. Through this medium they derive their separate rights to jurisdiction, and Congress the different powers they
are vested with; and have, of course, neither the power or right
to make, or unmake, States, within, or without, the union, or to
controul their internal police, without a power delegated to them
for the purpose. Admitting the propriety of this reasoning, and
the existence of a right in the people in this State to an independent jurisdiction-which is explicitly avowed by the resolutions of
Congress of the 21st of August, I781.-is not the resolution of
the 5th of December an invasion of the rights of a free people?
The citizens of this state have ever entertained the highest opinion of the wisdom and integrity of Congress, and have manifested
their confidence in that body, by a spirited exertion in prosecution
of every measure against the common enemy, at the risque of' life
and fortune. We still are ready to comply with every reasonable
requisition of Congress; but when Congress require us to abrogate
our laws, and reverse the solemn decisions of our courts of justice,
in favor of insurgelats and disturbers of the public peace, we think
ourselves justified to God and the world, when we say we cannot
comply with such their requisitions. The interests of the United
States, which, with a view to confederation, we have made our
own, iorbid it. It would be licensing factious subjects to oppose
government with impunity.  We should become the resort of insurgents and disturbllers of government, and, consequently, every
measure to raise omenl or money in support of the common cause,
would be weak and contemptible.
We are conscious of doing no act, in derogation to the dignity,
or in contempt of the authority, of Congress, or to disturb the
peace of the confederacy; but solely, with a view to the security
of our just rights, and the internal peace and tranquility of this
State.
As we have, fromn the commencement of the war, braved every
danger and hardship, against the usurpations of Britain, in common with the United States; as our inherent right of sovereiignty
and jurisdiction stands confessed, upon the principles o0 the revolution, and implied by the solemn transactions of Congress, we
cannot bu.t express our stirprize at the reception of the late resolutions of Congress of' the 5th of December, obtained ex parte,
and at the special instance of an infamous person, as the inclosed
evidence, among other things, will evince.
And as we 1have, repeatedly, solicited a confederation and uinion with the United States of America, so now, in the name and
in behalf of the freemen of this State, we renew our request, and,
in the most solemn manner, call upon Congress to execute, on their




334                The Haldimand Papers.
part, the intent and spirit of their resolution of the 21st of August, 1781.
In behalf of the General Assembly of Vermont.
THOMAS PORTER, Speakeer.
The aforesaid address was read and unanimously agreed to;
and
Ordered, that his honor the speaker sign the same in behalf of
this house, and that his excellency the governor be requested to
transmit a copy of the same to the Congress of the United States
of America, enclosing a copy of the deposition of Oliver Lovewell, esqr., and the petition of Timothy Church.2
2Te Ve'rm)ont Q1estion in Conyre;ss.
1783.   A letter from gov. Clinton was presented to congress,
March 4. notifying that body that the Vermont officers wholly disregarded the resolution of the preceding 5th of December, were
arresting and imprisonilng such of the banished persons as had
returned, and otherwise asserting their authority over all the inhabitants of the state. He urged speedy action on the subject.
April 14, a letter of tov. Chittenden, transmitting the address of
the general assembly of Vermont, signed by their speaker, was
also presented. All these papers were referred to a committee,
April 28; which reported, Mcay 2.5, that preceding any further action, congress ought to determine whether Vermont should be adinitted into the union as a state. No further action. was had until
the 29th of May, 1784, when a committee reported a resolution to
recognize Vermont as a free, sovereign, and independent state,
entitled to adlmission to the union on acceding to the articles of
confederation. Though a majority of the states were in favor of
this resolution, the votes of nine states, which were required for
its adoption, could not be had on the one hand, and on the other,
Vermont was not anxious for a union until the United States government should be better settled and present a more inviting prospect. In the meantime, the adherents to New York in Windhanl
county, by continued opposition, had compelled the Vermont government to adopt severe measures for the vindication of its authority and the suppression of all resistance to it. But with the
State Papers, 185. This Letter is printed as it was sent to Congress.
2 Assem71bl Jo, rnatl 1778-1784, 476-479.




Last Letter of General Haldimand to Vermont.   335
assured facts that a majority of the states favored Vermont, the
claim of New York was hopeless, and the power of the Vermont
government irresistible, all active opposition to the jurisdiction of
Vermont soon ceased.'
Last Letter of G-eneral Ialdimand to Vermont.2
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. Haldcimand, 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 promoting the royal cause, by re-uniting you with the
mother country, his Excellency never lost an opportunity of representing every circumstance 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 repr.esentations, 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, fiom
your procrastination, he derives some satisfaction from a consciousness of not having omitted a circumstance, which could tend to
your persuasion, and adoption of his 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 foundation, a very
short time will determine the fate of Vermont. Should anything
favourable present, you may still depend on his Excellency's utmost endeavours, for your salvation.
1Early History, 427-437. Eastern Verimont, 485-540.
2 illiams, Vol. II, 212. Vt. Hist. Coll., Vol. I, 466.




336               The Ialdimand Patpers.
Ira Allen thus commented on this closing letter of the Haldimand
correspondence with Vermont:I
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' Vermont 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 afterwards fully
evinced.
Williams thus described the condition and prevailing sentiment
of Vermont at that time:2
The effect produced by these acts of Congress, [Dec. 5, 1782,]
was, in every respect, different, from what that body seem to have
expected. Instead of being awed into submission, the people and
government of Vermont concluded they were produced by the influence of New-York; and determined that they should never be
executed. The evasive, irresolute, contradictory acts of Congress,
had nearly destroyed all the faith and confidence, which the people of Vermont had reposed in that body: and it was generally
thought it would not be best to have any connexion with them;
but only to keep up the custom and form of choosing delegates,
every year, to represent the State of Vermont.
The war with Great Britain had proved greatly distressing to
every part of the United States; but it had served to establish an
union among the people of America, which could not have been so
firmly cemented, but by the prospect of common danger. This
appearance was now come to an end. On January 20th, 1783,3
the preliminary articles of peace were signed by the ministers of
the king of Great Britain, and the United States of America. In
this treaty, the former colonies were acknowledged to be free,
sovereign and independent states. By putting an end to the war,
this treaty put an end to the embarrassments of Congress, and to
all the fears of the people of Vermont. An union with the confederation was no longer a matter of immediate and urgent necessity. The state had now no external enemies to oppose, or any
Vt. Hist. Coll., Vol. i, 467. 2 illiazms, Vol. II, 251-254.
2Nov. 30, 1782. Williams gave the date of the " general peace."




Condition of Termont.                337
body of troops to be raised, or kept in pay.  Weary of so long
and distressing a war, all parties wished for the repose and tranquility of peace; and were heartily desirous of dropping all occasions of controversy and debate.  The business of Congress,
however, became more and more embarrassing. Their currency
had failed, their revenues were exhausted, their armies were dissatisfied and unpaid, the debts they had contracted were unfunded,
the public creditors were everywhere full of complaints against
their proceedings, and they had no resources to answer the demands that were perpetually made upon them. Few of the states
paid much regard to their resolutions, and it was now fully evident that their powers were inadequate to the public business of
the United States, and that the articles of union and confederation were essentially defective. Without power to relieve themselves, under these embarrassments, the Congress was daily
sinking into a state of insignificance and contempt; and the public affairs of the union were constantly becoming more and more
embarrassed with weakness, disorder, the want of wisdom, credit,
and power.
In such a state of things, an admission into the confederacy of
the states, ceased to be an object of any importance, or even desire. Vermont was h''ppy in being free from the load of debt,
which lay upon the United States; and was not perplexed by the
constant calls of Congress, to raise the necessary sums of money.
The legislature had acquired wisdom and experience in governing
the people, from the difficulties in which they had been engaged.
It had not been in their power to contract very large debts, nor
was it necessary or practicable to impose heavy taxes upon the
people. The state had a large quantity of valuable lands to dispose of; and purchasers and settlers were constantly coming in,
from all the New England States. Thus, by one of those sudden
transitions which are common to human affairs, from the most distressed and perplexed state, the condition and prospect of the people of Vermont became, at once, more easy and flattering than
those of their neighbors. Encouraged by the mildness of the government, the smallness of the taxes, the fertility and cheapness of
the lands, large additions were annually made to their numbers
and property, by the accession of inhabitants from other states.
There was nothing, therefore, in the public affairs of the United
States, or in those of Vermont, that could lead the inhabitants any
longer to wish for an admission into the confederation. The body
of the people felt that they were in a better situation than the
people in the neighboring states; and it was the general inclination and desire, not to be connected with the union, if it could be
decently avoided.
43








HALDIMAND PAPERS
WHICH HAVE NO REFERENCE TO VERMONT.
THE following letters among the Haldiiand Papers have no reference to Vermont, and for that reason, and to prevent confusion in the
historical.record, the editor has reserved them for insertion here.
With the exception of a few letters in the French language, and several
in cypher, [one of themr being inserted as a specimen,] of which translations are given in this volume, the following make the publication of
"the Haldimand Papers," so far as Vermont possesses them, ENTIRELY
COMPLETE. Nothing has been reserved.
[Bev. Robinson] to Gen. Haldimand.
NEW YORK, May 8, 1781.
Sir:-I received yours of the 7th of February, but the letters you
mention to have sent me by ensign Drummlond of the 15th of November has not reached me, nor has that gentleman, as yet, made his appearance here.
Major-General Reidesel and a number of other officers and men of the
Brunwick troops being exchanged, I applied sometime since to the admiral for a ship of war, as well to carry them to Quebec, as to convoy
thither from Halifax several of your Victuallers which wintered there.
But he told me, that as there were two frigates stationed at Quebec,
those should be sent to convoy them from Haliiax.
I have the honor to send you some of our newspapers, which will inform you of the most material occurrences that has happened in this
quarter since my last.
I likewise enclose to you an account of the moneys which I have paid
occasionally to several officers, &c., belonging to the Canada establishment, who, owing to various causes have happened to come in here, and
generally naked, or in some other great distress.
To his Excellency, Gen. Halcimancld
Sir Henry Clinton to General Hacldimanced.
NEW YORK, May 31, 1781.!Sir:      \        Having           27-   1           6-    1
I have            wrote              -  2             -   2
received            you               -  31            -   5
your             fully              -  4           1     6
letters        on the Sth,           -  5           6-    6
No. 3 &           Ihave               -  6             -   3
4,on           now only            7-   7
the 9th           to add             -   8           2    1
instant.         that the       ---                       7
--— ___c --  i    &c. for the        5 -   1




340    The Haldimand Papers.
-  1-      6-  6  that
1-  3  4-  2  1  3  2  1
4- 3  6- 3   - 3   -  2
2- 6  4 — 1 —  3
in   4  1   -  2
21-  1  5  1  2-  3  3-  1
6-  6  4 — 3  18  - 3  18 —
3   2- 3  ------   6
6    18-  3  in the-  7
18- 3              -- 5
6-6   1  5  1-6   6 —6
- 4 5 —  1  4-  1
as well  4-  4  4-  3
as   8- 17-  4   told me
6-  1  6-  5-     he could
2    -  3  18  17
3         6-  5  9-10
-4    only  -  1  1 —11
-  519- 1-  2
-  6  6- 6  -3   4-  3
-  7  4  2  4  4  1  3
__ —  -44  -    6-6
1 —    -    2-  1  1-  5
-  4  for an  1-  4  -  4
-'7  1 2-  I  -- 5
18-  3  3     6    3  1
1-3- -4-  3  -- 9
4- 3  5  1        2- 4
5  5  1-  5  fora  5-  4
4-  1  4-  4  21-  1  4-  2
18- 17  -  2  1-  3
and the  6-  3  -  7
9-  1  4-  2  9- 16  of
-  2   4   5 — 1
-  32- 12  2- 12  19-  1
- 4  -----         6
-  5  14- 1  14 — 1  - 
-  6   2     2
--   7            to see
-8   6- 1  1- 4
5- 1  2 —  4  2-1
and         -  6  -  2
14 -- 1  5 - 1   3
1-  6-  2   2-  7  1-  6
-  3  11-  1  - -6-  6
--- -6-  6   2-  1  4-  1
men-  4  1    2   4  1
tioned  -  2  -  3
5 —  2  1 6  2-1
9-  9  3-  1       -.  2
- 10  15 -  19  thither.-  3
I have
2  1  and I  already  14 -  3
-  2  have  informed6 -  6
-  3        you  2 - 12




The Haldirmand Papers.  341
5- 2     9-16
to      6-  6             2  1
Q.      15  19             -  2
_. — ---- -1 —      3
18- 17   together  14-  1 
11 — 5    with-       2     5-  2
1- 1      your   -         9- 7
2-  5    9 — 16   2-  1       6
-6       — 4      -2       -10
- 5        3        5
but      -11               2-  2
that    18 -  17  intenthe two  6 -  6    tions    fleet
2-  4    4-  1     of       and
4-  4-      1              troops
6-  6    9  6     6-6  1
4- 4      -7      5- 1     6  6
- 2        8     9-16     1   5
5- 1   -6- 4
6-  3     that       7
-  4              -    10  still
18  3    14-  3    1-  6
— 5      - 4     6 — 6
2-  1     -10      -12     4  4
-2      9-11     4 — 4
- 3      -13              1- 5
1  5      - 7      with    2  2
-4      5 -5              5- 1
18 — 3    9-  7   18- 3
ought ----           6     5- 5
to con-  at that  6 -  1
voy      place.    -  9   13  11
them               - 5     2- 4
9 -11    I have   18 —  3  4  1
-12    not re-            6-  6
-  9    ceived    to      18-  2
- 11   the least  -           3
- 12  intimation  2 12     --
-  6    from     5-  1    5-  1
-  7    2-  2    18  17   18  17
5-  1    1- 5     9  7
5- 2     1- 6                 8
9  7      -  4    1-  3
- 1                 o —-  - 5 watching
1- 6     9  7     5- 1    -
-  6   9 - 16   2  1
2-  2    4  1     4-  2     -  2
6        6- 6     9-10     1-3
4- 1     4- 4      — 5     1- 6
2      -2       - 6__
Sir Henry Clinton to Gen. Haldimand.
TRANSLATION OF THE FOREGOING CYPHER.
[NEW YORKi,] May 31, 1781.
Sir:-Your letters of the 28th February and 1st of March, was received the 9th instant. Having wrote you fully on the 8th, I have now




342                 The Ifaldimand Papers.
only to add that the clothing, camp equipage, &c., for the GCrman troops
in Canada, as well as Major General Reidesel, and the officers and men
mentioned in the enclosed returns, only wait for an opportunity to proceed to Halifax, and I have applied on the most urgent terms for a convoy
to escort them thither. I have already informed you that the Admiral
told me he could not spare a ship of war to see them all the way to Quebec, but that the two stationed there ought to convoy them thither fiom
Halifax, together with the victuallers that wintered at that place.
I have not received the least intimation from home relative to the intentions of government with respect to your province.
The French fleet and troops are still at Rhode Island, and ours watching them.                                               H. C.
The bearer has received thirty-one guineas for him and his father.
Report to jllajor De Peyster.
(COPY.)                           CAMIP NEAnR THE OIrIO,
August 29th, 1781. 
ir:- The 26th you had enclosed an account that captain Brandt and
George Girty, with the Indians, advanced upon the Ohio; had taken one
of Clark's boats after having passed down the river in the night. Not
thinking themselves in number sufficient to attack him, and having found
by his orders to major Craigcroft that more troops were to follow under
the command of a colonel Lochry, lay in wait for them, attacked and
took the whole, not allowing one to escape. Agreeable to a return, it
appears there has been thirty-seven killed, amongst whom is Lochry,
their commandant, with some other officers.
This stroke, with desertions, will reduce Clark's army much, and if the
Indians had followed advice and been here in time, it is more than probable he would have been now in our possession with his cannon.
The prisoners seem to be ignorant of what his intentions are. Perhaps Loss may oblige him to change his measures. However, we shall
endeavor to keel) the Indians together, and watch his motions. His first
intention was to penetrate to Sandusky throug'h the Indian country,
from whence the troops from Fort Pitt were to return home and he to
Kentucky.
We are, with great respect, sir, your most obedient and most humble
servants,
(Signed)                                A. THOzxMPSON,
ALEX'R McKEE.
To laijor De Peyster.
Gen. Hacldimciand to Sir Henry Clinton.
(COPY.)                             QUEBEC, 29th Sept. 1781.
Sir:- Since General Reidesel's arrival here, I have had many conversations with him upon the subjects communicated to him by your Excellency for that purpose, particularly in that proposing a diversion from
Canada to co-operate, by way of Fort Pitt, with an expedition from the
southern army up the rivers Potomac and Susquehanah. To convey
more perfectly to me your Excellency's ideas, and that I might the better digest them, General Reicesel has committed them to paper, of which
I have the honor to transmit you herewith a copy. Satisfied that youl
Excellency will do me every justice, which I feel my zeal for the service of
our Royal Master, and the respect I have for your Excellency's judgclent
deserves, I shall not take up your time with assurances of my readiness
to concur with and second you in every measure by which the service
might be promoted, but proceed to state to your Excellency the i1possi



T],e Haldiimand Papers.                  343
bility of executing the design suggested from you by General Reidesel,
circumstanced as we are at present in this country, and here I cannot
help lamenting that the information your Excellency must have had of
the practicability of that great undertaking must have proceeded from
persons totally ignorant of the unavoidable difficulties in its way, or
influenced by private interested views. Such, there is but too great
reason to apprehend, are Mr. Crachan and Mr. Conally. The former,
long employed in the Indian Department, under Sir _William Johnson,
but from want of inclination or want of health, has been disqualified to act
since the rebellion; he has since remained in the enemy's country and
claims vast possessions in the neighbourhood of Fort Pitt. The latter,
it is supposed, has the same views, may be a clever man, but certainly is
not possessed of the same abilities or the knowledge necessary to judge
of' any other than the speculative part of the undertaking they have
recommended. So many and general are the obstacles to this movement that I am at a loss where or with which to begin in representing
them to your Excellency. For the sake of method I shall take them
in the order they occur from the plan by General Reidesel.
The proposed diversion taking place in winter is inadmissable, as it
never can be done, except by water, and the lakes and rivers from AMlontreal upwards cease to be navigable in the month of November.
Without suggesting to your Excellency the risk of detaching from the
army in this province 2,000 men, [the whole active part of the British
troops,] entirely upon the supposition that the French have laid aside for
the present their design against it, I shall confine myself to the difficulties of conveying and supporting so large a body of men to so very distant a field, where their whole subsistence must accompany them friom
the King's stores in this part of the provice, received generally late in
the season from Great Britain. Your Excellency will more readily conceive these when I acquaint you that it is with the utmost exertions that
one regiment with a corps of rangers, which occupy the upper country,
are furnished from year to year with the necessary supply of provisions,
and that the garrison of Niagara has been more than once since the commencement of the rebellion within a few days of evacuating it for want of
provisions. The consumption of provisions at the posts, particularly at
Niagara, is so prodigious, owing to the absolute necessity of victualling
the Indians driven from their habitation and attending upon the service,
that with every measure in the power of economy to devise, it is scarce possible during the transport season to convey a sufficient quantity. In order
to accomplish it, I have constructed storehouses about 50 miles above AMontreal, to which provisions are sleighed in the course of the winter, that
the water transport may begin the instant the river becomes navigable,
which it does at that place a fortnight sooner than it does at Montreal.
The late arrival of the provision fleet this year, makes it very doubtful
whether the necessary supply can be forwarded, and at Niagara there is
no resource. When it is considered that provisions with every store
necessary for 12 months for 2,000 men, and a supply of the former with
presents for at least that number of Indians, [of which -a are women and
children,] in addition to the present consumption in the upper country,
(amounting at Niagara alone, one season with another, to 4000 rations
per day,) must be conveyed in batteaux 200 miles up rapids, intersected
by carrying places to the -first lake, from thence to Niagara in vessels,
then over a carrying place of 7 miles and up a rapid of 18 to Fort Eric,
fiom whence they proceed to Presqu' Isle, it will appear to those who
have a knowledge of the route a work of time. To take and maintain a
post at Presqu' Isle, with a small force drawn from the garrison of
Niagara and Detroit, might be easily accomplished, but to proceed into




34-1                 The Jtaldimand Papers.
the country, depending upon the Indians and inhabitants of the Ohio,
would be dangerous and ineffectual. Fort Pitt is not to be taken by a coup
de main, nor will the enemy suffer it to be surprised. It is, by the most
authentic accounts I have had, one of the strongest places in this country. We have daily experience that the disposition of the inhabitants
upon the Ohio is by no means so yielding to government as is represented. Those retired to that quarter and Kintuck, upon pretence of
separating themselves from rebellion, are encroaching upon the most
valuable hunting grounds of the Indians, and securing to themselves rich
settlements. They are always ready to turn out upon our scouting parties, and never fail doing' it when they have opportunities, yet when made
prisoners profess their loyalty. There is no dependence upon even those
Indians who are declared in our favour, and there are a number in that
country our avowed enemies.   In all excursions undertaken by the
troops this war, there has not been a single instance where the Indians
have fulfilled their engagements, but influenced by caprice, a dream or
a desire of protracting the war to obtain presents, have dispersed and deserted the troops. Of this there was a striking instance last campaign
in the very country in question, where a detachment from Detroit, if the
Indians had gone into the views of the officer who ccmmanded, would
most probably have defeated Colonel Clark and broke up all the settlements in that quarter. It would nevertheless be impossible to succeed
in any attempt in those countries without the friendship of the Indians,
(by which alone we have kept possession of it,) and there is no doubt they
are very useful attendants upon an army, but where success depends
upon enterprize and perseverance, little must be set down to their credit
in the plan of operations. Upon the whole, I beg leave to hazard my
opinion to your Excellency that, unless so much were to depend upon
this expedition as to abandon to it all other pursuits, offensive and defensive, in this province, in order to carry it through by dint of force
and exertion, it would at present be impolitic to undertake it. To
attempt it and fail would have a very fatal effect with the Indians, and
to ensure success it would be the business of one season to foirm the
necessary magazines of provisions, batteaux, stores and materials, and
Indian presents, at Niagara, &c., that there might be nothing to do early
in the next but to transport the troops.
I have the honor to be, with great respect and regard, Sir, Your
Excellency's most obedient and most humble servant,
[Signed]                              FRED. HALDIMAND.
His Excellency, General Sir Henay Clinton.
P. S.-Since the above was closed, I have received a dispatch from
Detroit with an account of a stroke made by Joseph Brant upon the
Ohio, for the particulars of which I beg leave to refer your excellency to
the enclosed. Major De Peyster informs me he is not without hopes
that a large body of Indians detached for that purpose may yet fall in
with Mr. Clark's main body, which it was expected would consist of
1500 men, including a body from Augusta county in Virginia and a draft
from the settlements in Kintuck. The war in that country is, on our
part, entirely defensive, except by scouting parties constantly employed
to prevent the encroachments of settlers and to harrass the frontiers,
which I encourage as much as possible. Something similar to this, but
of less ilportance, happened the 8th ultimo in the neighbourhood of the
German Flats, where a party of the Six Nations (Indians) attacked about
40 of the enemy, killed 3 officers and 19 privates, and took 8 prisoners.
Indorsed: " Copy of a letter from general Haldimand to his excellency sir Henry Clinton, dated Quebec, 29th September, 1781. 44."




The Haldimnand Papers.                  345
* * * * to Joseph Brant.
October 3d, 1781.
Dear Joseph: —If you have no other object of importance in view, I
request you will make a move upon Minisink and the east branch of the
Susquehannah as soon as possible.
That you may not be at a loss to know who sends you this, it is the
person at whose quarters you were when you had a particular conversation with General Tryon. I am, dear Joseph, yours, &c.
Sir Henry Clinton to (qen. Haldimnand.-[probably.]
Your Excellency has my consent to act as you have proposed with regard to Major Rogers [Roys] and the officers and the recruits under their
care. The Lieutenant-Colonel is now here, having lately come in from
the rebels, with whom he was prisoner, but I shall not trouble Your Excellency with any of his recommendations.
[This is without date and is printed as it stands in the Haldimand Papers, title excepted.]
Memorandum.
Wynant Williams was dispatched with a letter from the honorable
William Smith to   -, on the 7th of January, 1782, being Monday.
Indorsed: "Memorandum respecting Wynant Williams, dispatched
on Monday the 7th of January, 1782, with letter from the honorable
William Smith to -."
Sir Henry Clinton to General Haldimand.
(COPY.)                     NEW YORK, February 22d, 1782.
Sir:-I think it right to send by express to your excellency the following intelligence which has just been communicated to me by the
honorable William Smith, chief justice of this province, exactly as it
was given to me by him.
"About a fortnight since an intelligent person from Connecticut suggested that tho' the rebels talked of an attack in the spring upon New
York, he had strong suspicions of a preparation to invade Canada, and
yesterday I learned by a direct channel that general Schuyler said to one
of his confidants and yet near friend, that La Fayette went to France to
propose that project, and that they were waiting to know the result."
The following intelligence has been received since the above, by
another channel.
Large stores of provisions at the Falls of Ohio.
The rebel general Clarke, a very enterprising man, a Virginian, at (a
place called) Kain Tuck, and is to have the command of two state regiments besides other troops, with about 1000 French and Spaniards. With
these, the ensuing spring he sets off on an expedition against Detroit
and its dependencies. His route is down the Ohio to the mouth of the
Wabache, thence up the same to the head thereof, where we have a carrying place; from thence to Detroit. To induce the rebels to undertake
this expedition, they have received accounts that our garrison is very
weak at Detroit. This information to the rebels is from prisoners that
have been carried to Detroit who have returned.
Some of the rebel officers say that there will be an expedition by the
allied forces against Canada the ensuing summer, and it's asserted that
the rebels have agreed to give the French Canada, in case the combined
forces of the French and rebels should be successful enough to reduce
44




346                 The Icaldivmand Papers.
it. That this engagement by the rebels to the Freech is asserted by
some who have seen the agreement in the proceedings of congress this
winter.
New Jersey, besides an enormous sum of money to be raised by taxes
to be paid in state money (or the specie money as the rebels call it) are
also to raise immediately ~65,000 hard money. This last-sum will be out
of the power of the people to pay, as very little hard money is in circulation, except near the British lines.. Indorsed: " Intelligence 1st March, 1782. Substance of it to be sent
to general Haldimanld."
Notwithstanding the intelligence that has been sent you respecting an
intended attack on Canada, I think it more likely that the enemy will
make one against this post.
I refer you to the newspapers I send you by the bearer for West India
news. It is supposed sir George Rodney sailed from England about the
16th of January for the Leeward Islands.
NT. B. -The bearer has received 15 guineas on account.
Riving 2rd and 6th. D.
Jaim - 11th March- 3.
Be so good as to inform lieutenant colonel Maclean that I have not
received any official information of his being appointed to command the
artillery in this quarter, but I understand that by the death of general
IWilliamson he is appointed lieutenant colonel to the 4th battalion.
If the bearer should receive any money from your excellency on account, pray let me know the sum.
Indorsed: " Sir Henry Clinton to general Haldimand in cypher 22nd
February, 1782. Dispatched the 3d MlVarch.
0. sent p
D. — p
T. --  p Davies March 13, 1782. Dispatched."
No. 34.
Gen. 1Haldimand to Sir Henry Clinton.
A few days ago I wrote more fully. This will I hope go directly to
you. I have not heard froim you since your letter of the 2nd of August,
nor received the least intelligence of moment from any quarter since
that time. Common reports make me anxious to hear from you, and I
entreat you will let me have that pleasure, not trusting to a single messenger, but by different routes. I request the same of Governor Robertson.
Sorell, March 16th.                                     F. H.
Indorsed: " General Haldimand to Sir C-, March 16, 1782. Received 15th May, 1782."
General Haldimand to Sir Henry Clinton.
This being the nineteenth letter I have written to you by all routes
since I was honored with yours of the 2nd August, the last I received,
I should not be so importunate but froml almost certainty that our letters
have mutually miscarried, and from the total ignorance in which I remain of the enelly's views and intentions, which common reports direct against this province. I have, therefore, to repeatl my request that
you will communicate to me by the most speedy and different routes,
whatever may have come to your knowledge on this interesting subject,
either from home or what is passing in your quarter.
Montreal, 1st April, 1782.




The Haldimand Papers.                  847
From Ml]ajor Ross to General IHaldimand.
OswoEG, April 19th, [1782.]
Express arrived 15th instant. The vigilance, &c., your Excellency
recommends attended to. Our exertions redoubled-cannot be surprised.
Much honored by your Excellency's attention. Nothing discovered on
my part as yet.
JOHN Ross, Major.
General Haldimand to Sir Henry Clinton.
If your Excellency sends any dispatches for me by the Pandora it is
uncertain when I shall receive them, as I learn by a vessel that left
York in her convoy that she is gone a cruising to Boston Bay. I at
length received the dispatches of the 1st of November, the 14th of May,
and the duplicate the 25th.
Please add the words " herewith " to the cypher in their proper older.
General Haldimand to Sir Henry Clinton, 29th May, 1772. Received
June 22d. O. and D.
Same to Same.
31st MAY. Your messengers are grown so anxious to return, that I
will not longer detain them. Several ships are arrived, but I have not
received a letter, am therefore in profound ignorance what the greater
change at home will effect in our system here, and impatiently wait the
interesting intelligence from your quarter as your Excellency shall be
pleased to honor me with.                               F. H.
Your messengers have received 14 guineas each.
Same to Same.
QUEBEC, 14th June, 1782.
Sir:-Having lately had the honor of writing to you, and not having
yet received any dispatches from England of the least moment, should
this reach your Excellency it will only serve to assure you of the pleasure
I have in communicating with you upon all occasions. The present is
by the schooner Alexander, bound directly to New York.
The Pandora is not yet arrived, which prevents my having the pleasure of acknowledging your Excellency's dispatches by her, but it is
reported that she and several arriving ships from England are in the
river. I wait their arrival with much anxiety, which your Excellency
will naturally conclude from the subject of my last dispatch connected
with the enclosed duplicate of the short note accompanying it.
I have the honor to be, with great esteem and regard, Sir, your
Excellency's most obedient and most h'ble serv't,
FREED)K HALDIMIAND.
Iis Excellency, Sir Hfenry Clinton.
General Hcaldimand to Sir Guy Carleton.
24th. Since the above was written, the trade fleet, under convoy of the
Surprise and Assistance, are arrived at Bic. 3/any of the ships are come
up, and I have got some dispatches, but I have not yet received your letter of the 15th of April, or any dispatches that were to accompany it.
The present do not contain any particular orders, but are expressive of
the system communicated to me in your Excellency's letter.  F. H.
His Excellency, Sir Gity Ccaleton.




848                 The Haldimand Papers.
General Haldimanad to Sir Guy Carleton.
(Xo. 4.)                            QUEBEC, 28th July, 1782.
Sir - I have at length been honored with your excellency's letter of
the 6th of April from Portsmouth, which I concluded had miscarried. I
beg leave to repeat my gratulations to your excellency on the subject of
it, and to assure you, sir, how very reciprocally the formal respects you
are pleased to offer me are returned on my part.
Convinced we are equally desirous religiously to fulfil the duties of our
respective stations, I feel and promise to myself much satisfaction from
the mutual communication you propose between us. I have ever considered the article of intelligence an object of great consequence to the
service, and much pains have I taken to convey, and in my atteimpts to
procure it. The expense attending it is well bestowed, and I flatter myself that we shall not incur any that will not be very readily approved.
I was happy to hear of Lady Maria and family's welfare fiom Mr.
Bailey. I am very sensible of that gentleman's merit, and your excellency may be assured that no opportunity shall escape me of doing every
honor in my power to your commendation of him.
I have the honor to be, with great esteem and regard, sir, your excellency's most obedient and most humble servant,
FRED'K HALDIMIAND.
His Excellency, Sir Guy Carleton.
Same to Same.
(MOST SECRET.)
Sir - Amongst the Minister's dispatches dated the 22d of April,
which I received the 27th of June, Lord Shelburne in one of his letters,
marked " most secret," after informing me of the designs of the French
on this continent, says that the preservation of this province has been so
strongly recommended to you, sir, that you have the king's order to come
to it yourself in case it should be attacked, and should you think it necessary, with the number of troops you may judge proper for its defense;
in that case I find myself in the same predicament I was in at Boston in
the year 1775, and that the reasons which dictated the letters I at that
time received from Lord Dartmouth exist at present.  The King has
therefore thought fit to send me his permission to absent myself from
my government and command, keeping my employments and their
emoluments, "which," says my Lord', you will make use of if the date
of your and Sir Guy Carleton's American commission make it impossible
for you, consistent with your own fellings, to accommodate the point of
rank with him."
I cannot pretend to say what ideas his Lordship may have of me, but
I hope you will conceive, my dear general, that notwithstandino the real
esteem I have for you, no consideration could induce me to serve under
the orders of a younger officer, and as I cannot think of leavingo any
obstacle in the way of measures administration have thought fit to adopt,. have resolved to go to Europe, even this Fall, if circumstances should
oblige you to come to this province. Otherwise I shall certainly do it in
the coming Spring. I have written to this effect to Lord Shelburne, the
17th instant, in order that he may have time to make such arrangements
as his Lordship shall judge necessary, and communicate his orders to
you in consequence thereof. In the mean time you may rest assured.
Sir, that I shall neglect nothing which can contribute to the success of
this unfortunate war of which I confess to you I could have wished to see
the termination, but the circumstances in which I find myself, added to
an indisposition which requires resources that this country does not




The Haldimand Papers.                     349
afford. leaves me less to regret in quitting. Wishing you, sir, every
honor and success yourself can desire, I have the honor to be, with the
greatest esteem and regard,
Sir, your most obedient and most humble servant,
Quebec, 7th August.                       FI.ED'K HAILDIMIAND.
This is a duplicate dated 29th July.
Indorsed: (" -iost secret.") " General Haldimand to Sir Guy Carleton, 29th July, 1782. No. 11."
General Haldimand to the Earl o.f Shelburne.'
(CorP.)  Most secret.             QUEnEC, 17th August, 1782.
My Lord:-Inclosed I have the honor to transmit to your Lordship
a duplicate of my letter (most secret) of the 17th of July, forwarded by
the Quebec.
After many and the most mature considerations of that part of your
Lordlship's letter of the 22d of April, (most secret,) respecting lmyself and
comparing it with Lord Dartlmouth's, to which it refers me, anxious as I
am for the King's service, I fear my remaining here this Winter, (risking the late arrival of Sir Guy Carleton, when it will be out of my power
to leave the Province,) might tend more to ilmpede than forward it. I
have therefore taken the following precautions for my going home in all
events provided the Province remains in tranquility, which must be decided before the fleet sails.
Miajor General Clarke's want of experience in the very complicated
and uncommon service of this country, &c., has induced me to call down
Brigadier General Powell from the Upper country, who has seen every
kind of service throughout the Province since the commencement of the
war, and who will be an able assistant to him. I shall send up Brigadier
General Maclean in his room; he has a local knowledge of that country,
and is otherwise qualified for that command.
The German troops will be perfectly attended to under Major-General
Reidesel, who is really, zealously, and disinterestedly attached to the
King's service.
The civil department will be managed by Lieutenant-Governor Hamilton and other officers, with whom every necessary instruction shall be
left, and arrangements shall be made in every branch of the service to
prevent its suflering, in any respect, in the case of an inactive winter,
or until Sir Guy Carleton shall come himself, or receive your Lordship's
further commands respecting this Province.
This, my Lord, is my present resolution. The execution of it will depend entirely upnon events, the receipt of comnman nds from home, intelligence from Sir Guy Carleton, the invasion of the Province, &c. But let
what will happen, your Lordship may rely upon my acting for the best,
and from no other motive whatever but what I shall think the good of
the King's service.        I have the honor to be, &c.,
(Signed)                            FRED'K HALDIMAND.
The Right Honorable, the Earl of Shelbrnee.
Indorsed: "Copy General a-Ialdilnand to the Earl of Slielburne, 17th
August, 1782."
Generatl idaldimancd to'Sir Guy Carleton.
(No. 8.)                                 QUEBEC, Sept., 1782.
Sir:-I was just going to send the enclosed letter overland, when the
lHussar frigate arrived in this port. Sir Andrew Snape Hammond and
1 First Lord of the Treasury, and head of the British ministers.




350                  The Haldimand Papers.
Brigadier-General Campbell having been so obliging as to communicate
to me the intelligence of a French fleet being upon the coast, which I
have since heard has put into Boston.
Since the date of the within, I had not heard anything further upon the
subject of it, nor received any intelligence from that quarter. I had just
received a letter from Major-General DeReidesel, an extract of which I
beg leave to offer for your Excellency's information, of the disappointment the Brunswick troops in the province are likely to experience.
I have by this opportunity requested of Sir Andrew Snape Hammond
and Brigadier-General Campbell, if practicable at so late a season of the
year, to forward the clothing, &c., so much wanted; but if it cannot be
done, I have to request your Excellency will give orders to have them
sent as early as possible in the spring; and if the Brunswick recruits
can be spared from that quarter, it will be very pleasing to General De
Reidesel to have them join their corps, as well as the officers, who have
been so long exchang'ed, that belong to the German troops in this province. Lieutenant-Colonel Carleton, tempted by so favorable an opportunity to join your Excellency,, takes a passage in the Hlussar, and as the
service. must suffer, and Lieutenant-Colonel Hope's situation be very
awkward until he is declaved in orders, I flatter myself your Excellency
will notify Lieutenant-Colonel Carleton's appointment in the army by
the very first opportunity.
The certainty of this conveyance induces me to transmit to your Excellency a duplicate of my last letter by Spanish River to Halifax, which
unforeseen accidents may retard on its way to you. Major-General De
Reidesel having occasion to send an officer to Halifax and New York
upon business relating to the German troops, Lieutenant Shononold will
have the honor to wait upon you for your Excellency's commands.
I have the honor to be, with great esteem and respect, Sir, your Excellency's most obedient and most humble servant,
FRED'IK IHALDIMIAND.
lis Excellency, Sir GTity Carleton.
Indorsed: " General Haldimand to Sir Guy Carleton, September, 1782."
General IHaldimtand to Sir G-uy Carleton.
(N o. 9.)                           QUEBEC, September, 1782.
Sir:- Unacquainted with the terms that may be intended for the Six
Nations, Indians, in the proposals for peace with America, I think it
necessary to inform you as a commissioner that my having restrained
them from hostilities has occasioned a general discontent amongst theinm.
Major Ross, who. commands at Oswego, has informed me that they have
all left the place in disgust, and that he is in daily expectation of being
insulted. They are alarmed at the appearance of an accommodation so
far short of what our language from the beginning has taught them to
expect. Deprived of their lands and driven out of their country, they
reproach us with their ruin and the prospect of severe retaliation from
the hands of the rebels.
Your Excellency is too well acquainted with the situation and interests of the people to make it necessary for me to enlarge upon the consequence in respect to the trade and safety of this Province, the expectations their services entitle them to from us, or upon the fatal consequences that must attend our abandoning them to the intrigues of the
enemy should they persist in the war, or to their resentment in case of
peace, and I persuaded myself they will be amply considered by your
Excellency, either in a representation to the King's Minister, or in such
arrangement as shall be agreed upon in this country.




The Haldimand Papers.                   351
Your Excellency will not understand from what I have said of the Six
Nations that the King's attention should be confined to this only. Many
of the Western and the Indian Nations in the neighborhood of Detroit
have suffered equally by shameful encroachments of the Virginians upon
their most valuable hunting grounds, and have been equally attached
and serviceable to the Royal cause.
I have the honor to be, with great esteem and regard, Sir, your Excellency's most obedient and most humble servant,
FRED'K HALDIMAND.
His Excellency Sir Guy Carleton.
Indorsod: "General Haldimand to Sir Guy Carleton, September,
1782."
Extract of a letter form Major- General Reidesel, dated Sorel, 13th
September, 1782.
Captain Cleve brought out with him from Germany, clothing, camp
equipage, arms and accoutrements for all the Brunswick troops in Canada. On his arrival at Halifax, he was immediately ordered to proceed
with the Brunswick recruits only to Penobscot, and to remain there until
he received further orders. It is a duty I owe to His Serene Highness my
Master, and to the troops I have the honor of commanding, to represent
the great loss they must suffer should they not receive the clothing and
other stores this year, and to request the favor of your Excellency to take
such steps as you may judge most conducive to procure an order for
Captain Cleve's detachment being recalled from Penobscot to Halifax,
and for his being sent with the recruits and stores to Canada, so soon as
it can be done with safety.
Indorsed: E. " Extract of a letter from Major General De Reidesel
to His Excellency General Haldimand."
Major- General Reidesel to Sir Guy Carleton.
ISLE AUX Noix, 5th October, 1782.
Sir:-Lieutenant Beckwith, of the 27tlh regiment, who will have the
honor of presenting this letter to your Excellency, has been this last year
as extraordinary Aid-de-Camp in my suit. Friendship to his brother, as
well as to his family, added to the high recommendation of His Serene
Highness, Duke Ferdinand of Brunswick, who is particularly attached to
his father, had induced me to take him into my family, and I should have
been happy to have had it in my power to be useful to him, but am frustrated in my wishes from the defensive situation of this Province, which
puts a barrier to the advancement of this young officer. Thus situated,
he feels himself prompted by a laudable desire to distinguish himself
under the command of your Excellency, and he has applied to me for
leave to return to New York to join his regiment. During the time I
had the pleasure of having him with me, his conduct and behavior has
met with my utmost approbation and entitled him to the claim of my
constant friendship. He is in possession of great natural talents and of
an excellent good character, indefatigable and resolute in the pursuit of
his duty. Permit me, Sir, to recommend him to your Excellency's protection, which I shall esteem as a mark of that favor your Excellency
has ever been pleased to show me.
A report prevails which gains credit, tho' not officially communicated,
that the Astrea frigate is in the river with our Brunswick officers of convention. I request your Excellency will be pleased to accept my warmest gratitude in giving so flattering an attention to my former prayer.




352                  The Haldimand Papers.
This fortunate circumstance places the corps on their original solid
establishment, and I shall deem myself happy if they have an opportunity
of showing their zeal for the service which has at all times prevailed
amongst thenm.
I have the honor of transmitting by this opportunity, a duplicate oftthe
letter which I had written to your Excellency on the subject of our last
transport of' recruits, clothing and camp equipage, arrived at Halifax,
which were sent by order of Brigadier-General Campbell to Penobscot.
This accident will deprive the troops of their necessary clothing for the
winter, if unfortunately taken or lost.
I am entirely at loss how to take the field next Spring. I beg leave to
repeat and recommend my request to the consideration of your Excellency, and have the honor to be, with the greatest respect,
Your Excellency's most obedient and most humble servant,
RIEDESEL.
Indorsed:'Major-General Reidesel to Sir Guy Carleton, Isle aux
Noix, 5th October, 1782.  Received 12th November, recommending
Lieutenant Beckwith. No. 17. "
fajor- General Reidesel to Sir Gauy Carleton.
(Original Duplicate.)                    By the Hussar.
SOREL, 6th October, 1782.
Sir:-Count Schononold being detained some days at Quebec, gives
me an opportunity of informing your Excellency that I, yesterday, received a letter from Capt'n Cleave reporting to me his arrival at Halifax
with the recruits, clothing, and camp equipage for the whole Brunswick
Corps. He mentions likewise that he was ordered to proceed immediately to Penobscot with his detachment, and to remain at that post until
he shall receive further orders. As we have not received any clothing
or stores for the last 3 years, the several regiments in Canada will be in
the greatest distress if the present supply does not arrive here before the
Winter sets in. I presume, therefore, to request the favor of your Excellency to order that Capt'n Cleavers detachment may be removed from
Penobscot to Halifax, from whence you will be pleased to direct that
these may be sent to Canada whenever circumstances will admit, if not
this year, as early as possible next Spring.
I have the honor to be, with the highest respect and consideration,
your Excellency's most obedient and most humble servant,
REIDESEL.
His Excellency Sir Guy Carleton.
G-eneral Haldimand to Sir G~uy Carleton.
(Duplicate No. 10.)                       7th OCTOBER, 1782.
Sir: — In obedience of orders I received from the King's Minister the
27th of September, 23 transports, (9,956 tons,) fitted out for the reception
of troops, will sail from hence for New York the 10th instant, and 9 more
will follow, I hope, in 10 days. A scarcity of bedding prevents my furnishing that article. As much biscuit as can be got ready shall be put on
board.
Some of the transports with the Brunswick officers, &c., are arrived,
but I have not yet received your Excellency's letters.     F. H.
His Excellency Sir Guy Carleton.
Indorsed: "Duplicate General Haldimand to Sir Guy Carleton, 7th
October, 1782. Received the 12th of November.
Advices of the sailing of 33 empty transports for New York in the
month of October, in obedience of the Ministers orders.  No. 19."




The Haldimand Papers.                      35
Copy of a list of transports destined for New York, to sail the 9th
of October, 1782.        Tons.
Q ueen.............................. 650
Clibborn.............................300
Argo...................................333
Cael.................................. 293
Minerva.............................218
Three Sisters.........................283
Blackett............................. 401
Elizabeth.............................340
H ero..................................277
Rodney............................... 355
Christian.............................  250
Stafford................................25
M ar.................................   31
A nn...................................384
Countess of Darlington.................265
Success.............................. 234
D elight................................248
Thompson......................        218
Jane...................................270
Anne  &  Elizabeth......................310
Lady Townsend.......................776) To be reMarsh.2........................ 269. fitted at
W oodland.......................... 220 ) New  York.
Total,                     6,956 servicable.
And victualled for 70 days, except in bread, one-half the proportion
being in flour.
N. B. —There are 3 more transports now at Spanish River; 4 arrived
fromI New York and 2 from England, all to be fitted in like manner and
to follow.                      ---
Gen. Allen Maclean on pay of Royal Highland Emigrants.
9th OCTOBER, 1782.
Sir: — The accounts of the 1st battalion of the Emigrants previous to
the establishmlent were settled by His Excellency Gen. Haldimand, agreeably to the letter fromr the Lords of the Treasury. His Excellency appointed, by a general order, a Board of accounts, to mleet at Quebec, consisting of Lieutenant Colonel Carleton, the Quarter Master General, Lieutenant Colonel McClean, and Thomas Dunn, Esqr., Accountant General and
Paymaster of the Marine Department. The accounts were settled, and
a balance struck by them in favor of the reigment for ~2,100, and a warrant granted to Brigadier McClean for the balance.
These accounts were reported upon by the above gentlemen, to the
colnmandler-in-chief, and the accounts, with the report, transmitted to
the Treasury or Pay Office. That the Pay Office had got it, is certain,
for the following reasons: Last year the Pay Office re-charged the l:1;
Battalion with ~281 17 3, being 4 months arrears to the officers of the lst
battalion, from the 25th of December 1778 to the 24th of April 1779, four
months after the establishment. This re-charge was certainly owing to
the irregularity of Captain Fraser, the Pay Master, in having drawn the
arrears of the officers in Canada from the 25th of April 1778 to the 24th
of April 1779; whereas the arrears should always be drawn to the end
of June. On the 24th of December, the warrant granted by the commander-in-chief to captain Fraser was ~845 11 8 sterling, and the
whole sum in the warrrant was charged in the accounts made up here,
45




354                 The Haldimand Papers.
yet the Pay Office say they would have nothing to do with the accounts
previous to the establishment, but yet they charge the regiment with the
4 months arrears from   the 25th of December 1778 to the 24th of
April 1779, being arrears since the establishment, and refuse to give any
credit, though the whole sum of ~845 11 8 of which this is part is already
charged to the regiment and this charge the Pay Officer never could
make, but from having had the accounts settled in Canada previous to
the establishment in their possession. This is all the account that can be
given as it contains the whole. I am yours, &C., ALLEN MACLEAN.
(COPY.)     WHITEHALL, TREASURY CHAMBERS, 25th March, 1779.
Sir - Lieutenant Colonel Allen Maclearn having desired the Lords'
Commissioners of His Majesty's Treasury to grant their authority to your
Excellency of clearing the 1st battalion of the Royal Highland Emigrants to the 24th Decembero 1778, and their Lordships having referred
the matter to his Majesty's Secretary at War, who has reported to their
Lordships that he does not apprehend there can be any impropriety in
giving your Excellency an authority to clear the said corps, agreeably to
such terms as may have been stipulated for the raising it, I am commanded by their Lordships to transmit to your Excellency the inclosed
copy of Lieutenant Colonel Maclean's Memorial, and the Secretary. at
War's letter on this subject, and to signify to your Excellency their
Lordships' directions and authority to clear the 1st battalion of the Royal
Highland Emigrants to the 24th of December, 1778, agreeably to such
terms as may have been stipulated for the raising that corps. I am, &c.,
(Signed)                                 JOHN ROBINSON.
His Excellency, Genzeral Haldimanld.
G-eneral Haldivmand to Sir Guy Carleton.
(No. 13.)                        QUEBEC, 10th October, 1782.
Sir - I have to acknowledge the receipt of your Excellency's letter of
the 25th of August, covering a return of the Hesse Haneau and Brunswick troops, then embarked for this place, the last of whom arrived
yesterday. I shall take care that the amounts of the money paid by
your Excellency's warrants to Colonel Lentz and Lieutenant Colonel de
Mengen on account of Batt and forage money expressed in your letter,
ind the paymaster's certificate enclosed in it, may be accounted for.
Not seeing any reason to send back the regiment to Losberg, except that
it is the wish of the Landgrave of Hesse to have the regiment together,
I am sorry that my arrangement of winter quarters aid the aspect of
affairs, prevent, at present, any fulfilling that wish, particularly as it is
accompanied by your Excellency's. The unfavorable appearances intimated in your Excellency's letter, and that fall within my observation in
this quarter, persuade me of the necessity there may be rather for a considerable increase than a diminution of my force, which suffered in the
last draft of Hessian troops from this Province, promised and expected to
be amply replaced. I am, with the highest regard, Your Excellency's
most obedient and most humble servant,     FRED'K HALDIIMAND.
His Excellency, Sir Guy Carleton.
General Haldimand to Sir Guy Carleton.
QUEBEC, Oct. 10th, 1782.
Sir - Captain Burnet will have the honor to deliver this letter to
your Excellency, having given him permission to go to New York on
family affairs. He continues in the station your Excellency placed him
on Lake Erie, and by a constant and zealous attention to his duty merits
a continuation of indulgence. He is to return by the first opportunity




The Haldimand Papers.                   855
and will be a safe Opportunity for communication. I am Your Excellency's most obedient and humble servant,    FRED'K HALDIMAND.
His Excellency, Sir Guy Carleton..R. Mathews to ML. MTorgan.
QUEBEC, 10th October, 1782.
Sir — I have to acknowledge the receipt of your letter of the 25th of
August, covering a note concerning the clearance of the 1st and 2d battalions of the 84th regiment, which I have communicated to his Excellency, the commander in chief, and am authorized to transmit for your
information the enclosed copy of a letter from Mr. Robinson, signifying
the pleasure of the Lord's Commissioners of His Majesty's Treasury respecting the first battalion under the command of General Haldimand,
in consequence of which His Excellency was pleased to order a Board to
examine into the accounts of the said regiment from the time of its being
embodied to the date of its establishment, from the spirit of which he
granted his warrant for payment of the balance that appeared due, which
warrant issued the 20th of October, 1779, and was, together with copies
of the account and report of the Board, regularly notified that very month
to Mr. Robinson for the information of the Lord's Commissioners of His
Majesty's Treasury, the receipt of which is testified by the inclosed
paper signed by Brigadier General McLean. I am, sir, your most obed't
serv't,  R. MATHEWS, Secretary to H. Exc'l the Commanlder in Chief.
M. Morgan, Esq.'
General Haldimand to Sir Guy Carlton.
[No. 14.]                           QUEBEC, 11 Oct. 1782.
Sir:-Inclosed I transmit to Your Excellency a duplicate of my letter
of the 8th inst. in cypher sent overland, and a return of the transports
which sail this day for New York, comprehendingo those that are to follow. The present division is under the direction of Lieutenant Bradley
of the Royal Navy, agent of transports, an active and intelligent officer, to
whom I beg leave to refer Your Excellency for all particulars relative to
the business committed to his care. I have the honor to be with the highest regard Your Excellency's most obedient and most humble servant,
His Excellency, Sir Guy Carletodn.      FRED'K. HALDIMAND,
EHere follows a duplicate of the list of transports given previously.]
Gteneral Haldimand to Sir Guy    cearleton.
QUEBEC, 21st Oct., 1782.
Sir:-I here transmit to Your Excellency duplicates of my letter of
the 8th and 10th instants, and a return of the transports which sailed
from hence on the 10th. I am sorry to acquaint Your Excellency thalt
the number of the second division is reduced to four which came from
New York, owing to the three vessels sent to Spanish River for coal
not having yet arrived, the transport Maria being totally unfit for service, and the necessity of my employing the transport Amazon to carry
the officers of the 47th regiment and the invalids of the army to Europe,
having in vain even endeavored to procure passages for them in the
Merchant's Ships. Should the coal ships return (of which from their
long absence [have some apprehensions) every exertion shall be made
to forward them with the utmost dispatch to New York. I have the honor to be, Sir, Your Excellency's most humble and most obedient servant,
His Excellency, Sir Guy (Jarleton.        FPED. HALDIMAND.
See letters of Maclean and Robinson, ante, 353, 354.




3356                The Haldimand Papers.
General Haldimand to Sir G'ty Carleton.
[No. 17.]                      QUEBEG, 21st October, 1782.
Sir:-At the request of Lieutenant Colonel De Ra.uchenplat's communication in the enclosed copy of a letter from him, I have given permission to Major De Wietershieni (who will have the honor to deliver this
letter,) to proceed to New York for the purpose expressed in the said
letter, should your Excellency think fit to approve of it. I have the honor
to be, with the highest regard, Sir, Your Excellency's most obedient and
most humble servant,                        FRED. ITAL)DIMANID.
HIis Excellency, Sir Gluy Carleton.
G-eneral Haldimand to Sir Gui y Carleton.
Duplicate. The original in cypher. [No. 18.] QUElBEC, 30th Oct. 1782.
Sir:-I was not so fortunate to receive your letter of the 25th of September until the 27th of October, a season of the year which (it is unnecessary to acquaint Your Excellency) does not admit a possibility of
having a return from H1alifax by water to any communication fifo  this
place. I cannot therefire avail myself of your orders to Major General
Patterson to reinforce mle upon my application; such reinforcement
(fromn the intelligence Y1our Excellency has favored me with, corroborated by accounts from the Upper Country,) would at present have been
very acceptable, and lhave enabled me to push up a stronger detachment
than I have done into that coiuntry this Fall to oppose the attempts of
the enemy whlich will naturally be on foot very early in the Spring, long
before the communication with this country opens. The messengers
have received between them 35 guineas and two Fusees.
FRED. HALDIIMAND.
Return af' Prisoners belonging to the Provinces of Neiw York and
Pennsylvania. — [Nov. 2, 1782.]
Names and Rank.     Age.   WhVere and      When taken.
John Boyd, captain,           Pennsylvania,
John Canmpbell, colonel,       Vi riniia
lTho. Stodeling, captain.   27 Ohio,           24th Aug. 1781.
James Salmond, do.             Pennsylvania.        April do.
5 John Bitely, brothers of lbad 27 Fort Edward,  18 June 1782.
James Bitely,   character.  24      do.             do.
Dan. Hull,                     Ohio,           21st MZarch 1780.
HIeny. DuggaIn,             35 Jenta,           3 June 1781.
Lewis Field,                   Ohio,            6 July 1780.
10 Jno. Osborne,                   do.            10 Mar. 1781.
Jos. Reddell,              23 Kentuck,         24 June 1780.
Steplhn Shelton,            21 Ohio,            1    do.
Wm. Hurst,                22   do.            24 Aug.'81.
Jas. Parkenson,             28  do.            22 Mar. do.
Jno. Hopkins,               35  Ohio.          22 Mar.'82.
Win. Rooke,                22                  24 Aug.'81.
Mich. Hare,                 33 J                   do.
20 Win. Christie,             17 Westmoreland, 20 April'80.
Dan McKinney,                 1                22 Octr. do.
Christr Arillials,         34   O hio.         22 Mar.'82.
Tho. Adgeston,                 J                1 April do.




The Haldimand Papers.                     357
Names and Rank.      Age.i   Where and       When taken.
Chas. McGuin,                20' Ohio,           24 Aug.'81.
25 Jacob Timberman,            22 Conagohary,        1 Aug.'81.
Alexr. Burns,                45 )                21 Aug. do.
Robt. Wilson,                22  I               24 do.'
Jas. Hulson,                 21 fO1l0            22 Mar.'82.
Geo. Mason,                  23 J24 Aug.'81.
30 Jno. Burnet,                38 7                 15 April 1782.
Dan. Asberry,                21                   8 Feb.'78.
Geo. Robertson,                                  28 do'82.
Geo. Faulkner,I 27                Kentuc,        215 May'80.
Wm. Brooks,'                23                   8 Feb.'80.
35 Jas. Carttey,               41                   13 Sept.'81.
Jacob Lawrence,              20                  24 Aug. "
Levi Tilt,                   28                  25 May   1'
Wmn. Garratt                 33                  26 Mar.'82.
Jno. Porter,                 30                  22 Aug.'81.
40 Wm. Mars,                                        24 do. 
Hy. Franks,                       Oio,              do.   "
Elisha Benedict;             18                  17 Oct.'80.
Win. Boggs,                  19                  20 July'81.
Jno. Neall,                  32                  22 Mar.'82.
45 Jno. Fitch,                     J                   do.'
Hen. Goffilin,26                                 28 July'79.
Condrick Cotonum,.           17  I               16 Mar.'82.
Rt. Lyons,                   33                  31 do.'79.
Jno. Every,                  38                  30 do.'80.
50 Dan Vincent,                30                   28 July'77.
Peter Williams,              28   lusqlhana,      " do.   "
H. Gould,                    38
Beth. Vincent,               26                     do.
Elias Williams,              40
Michl. Freeland,             30 J
Benedt Sugder,               42 Horninogburn,     7 April 1780.
Ludwich Thomas,              20 Conasadago,      23 Oct.   "
Thomas Smith.                22 Northumberland 28 July do.
Gilbert Williams,            20 Conasacdago,     23 Dec. 1780.
60 Jno. Ore,                   14 Fort Pitt,          Apr.'82.
Edwd. Sherlock,              20 Fort McIntosh, 16 Mar. "
Petr. Houghabone,            26 Coiiagohary,     23 Oct.'80.
Wm. Hatch,                   21      do.            do.
Josa. Spencer,               16 Butwell,          3 do.'81.
65 Hv. Smitnh,                 17 Fort Mclntosh,     2 Apr. "
Petr Murray,                 19 Conasadago,      23 Oct.'80.
Jos. Petrry,                 29                  26 Feb. "
Robt. McConalty,             25 [                22 Mar.'82.
Elisha Freeman,              48   0o             21 Decr.'81.
70 Peter Parker,               24                   19 Mar.  "
Jacob Petrr,                 29         I        26 Feb. 
Edcwd. Freeman, junr.        17 j                21 Dec. 
Rowld. Potter,               22 Conasadago,      23 Oct.'80.
Jacob Smith,                 45 Freehold,        19 Feby.'81.
Preslev Peak,                19 Buffalo Creek,   251h Augt." 
Josa. Collins,                  St. Duskey,       51h June'82.
Josh. Chambers,              34 Westmoreland,     7    do.'81.
NICHOLAS MURRAY, Commissary of Prisoners.




358                 The ijaldimand Papers.
Return of Prisoners belotnging to New York and New England.
QUEBEC, November 2d, 1782.
Names and Rank.   IAge.    Where and      When taken.
Frans. Payne,   ) Lieuten-     Prov.ofN.York 11 Oct.'80
Corns. Baldwin,  -                            10 do.
CornIs. Atkinson,   ants,                     23 do.
Andw. Garratt,                                11 o.
5 Wm. Lightall,   Ensigns.                       " do.   "
Caleb Benedict,)                              17 do.   "
Nathan Brown, Ca.ptain,                       16 July 
Pritchnan [Pilchnan] Cleves,                  16 June
Win. Graves,                                  21 July
10 Jno. Fearon,                        I             o.
Adam Revel,   |                               16 June
Jno. Irvin,    Lieuten-                          do.
Abrm. Rowe    a, ants,                   f     7 July
Gulf of    21 do.
Tho. Downing,                                 21 do. L
15 Jno. Harris,  JS. Lawrece, 16 do.
Dan. Foster, Mate,                            16 June 
SI. Hildreth, Surgn,                          16 do. 
Jacob Oliver, Master,                         16 July
John Melvin, Prize                               do.
20 Paul Foster P, 21  z M1 do.
Aaron Lee, )     ters,                           do.
Ebenezr. Tarbox, P. Master, 26                 7 July'S0.
Benjn. Henderson,          17                 16 do.
Jno. Jacobs,               15 )    Gulf of    16 do.'80.
25 Nathn. Brown,              17   St. Lawrence,    do.
Jas. Beeth, [Booth?]      22 Fort Stanwix,    2 Mar. 
Josh. Mclnolty,            25 Morland,         7 June'8.
Joel Savage,              i 20 German Flats,   7 Sept. "
Sl. Gates,                 23 Fort Ann,       10 Oct.'80.
30 Jacob Newkirk,             53 Mohawk Riverl   23 do.'
Davc Patnan,               26 German Flats,    7 Sept.'81.
John Forbes,               32      do.         3 May'80.
Ephraim White,             38 Fort Stanwix,    4 Mar.'81.
Jacob Cosley,              42 Mohawk River, 23 Oct.'80.
35 Mark Cosley,               17 German Flats,      do.
Tim'y Franks,              41      do.        11 Mar.'82.
Win. Garlagh,              53 7               11 June "
Peter Curtner,             56    owk Riv      11 July 
Conrad Ford,               22  5Mohawk River,     do.
Christr. Ely,              53 J               21 June
Jas. Vanslack,             32                  3 Apr.'80.
Geo. Dockleader,           65   Geran l.ts,4 Ot.
Christr. Miner,            40                    do.
Jasper Edwards,            35   Moa       Ri  22 Mar.'81.
Enoch Wood,                20       a6 July 
Solomon Smith,             17  Fort Ann,      24 Oct.'80.
Elisha Sprague,            22   1or Ann        7 Oct. "
Elias Plumer,              22 Jancutta River, Oct.'79.
Benjn. Napp,               18 Fort Ann,       10 Aug.'80.
50 Oliver Harwood,            19 Fort George,     1 Oct.'81.
Peter Mellor,              26 Sopus,          19 June'80.
Jas. Rose,                 20 Fort Stanwix,   23 Oct. "




The Haldignand Papers.                     359
Names and Rank.     Age.    Where and        When taken.
Peter McDonald,             30                     Aug.'79.
Edw'd Sawyer,                  Ellis' Mills,     22 June'82.
55 WVm. Blameless,             18 Fort Stanwix,     23 Oct.'80
Jno. Caldwell,              22 Fort Ann,        10        "
Elija Lawrence,             18s I                11  " 
Ed. Larabee,                20 
D'd Southwick,              19" 
60 Alex. Barr,                 24 
Tim'y Force,                46:Fort George,           i
Jno. Thomas,                32                            t
Henry Wrackley," 
Jerem'h Smith,              23 
65 Josh. Bennett,              22J                      " 
Josiah Holister,            28 Ballston,        17        "
Alex'r Henderson,           24                  10 
Corn's Vantassel,          35" 
Jas. Guy,                   25                     "      "
70 Tim'y Guy,                  34'Fort Ann,         c 
Jno. Foster,               24;
Jno. Gifford,               21 i
Nathan Cherester,           20" j 
Jno. Renalds,              26
75 Winslow Heath,              37                   10       "
Jno. Hathaway,              26 0c                    i 
Dav'd Allen,                360  Ft A 
Alx'r McNutt,               20       An "
Hen. Smith,                 19"                     "
80 Wm. Gilt,                   28J'
Abr'm Braman,               28   ort Stanwix,   23  "
Steph'n Lute,               21 Mohawk River,    24  " 
Seth Howell,               45 Fort Stanwix,      2 Mar.'81.
Jacob Dennis,               54 German Flats,    24 Oct.'80.
85 Rutolph Caller,             21 Kingberg,          2 Aug.'81.
Bodjah Hutchinson,          26 Royal Town,      16 Oct.'80.
Jas. Betts,                 22 Fort Stanwix,     2 Mar.   "
Jos'a Palmaster,            50 Ballston,         7 Oct. 
Edcw'd Curvin,             22 Fort Stanwix,      2 Mar."
90 Cuthb't Steel,              18 Kingsbury,        30 June  "
Justman Roe,               25 Fort Stalnwix,    23 Oct.   "
Chas. Holman,               58                   3  "    81.
Morris Keith,               18 Fort Edward,     12 June'82.
Paul Martin,               40     oods,         24 Oct.'81.
95 Abaldijah Virgin,           23 Fort Stanwix      23 "''80.
Jno. Allbright,            21        do.         9 Aug.'81.
T. Tholp,                  25 Schoharrow,        7 April 80.
Ob'r Smith,                24                   23 June,'82.
Steph'n Ames,              19                    " 
100 Jno. Walloral,              38                   26 May'81.
Jacob Remor,               22"                      "'82.
Dav'd Skiller,              19  Molawk River, 22 June'81.
Bajer Valentine,37                              13 May 
Jno. Gramer,               26                   26 April'82.
105 Jno. Brocklan,              17                   " 
Wmi. Bouck,                45                    1 Aug. "
Jno. Willever,             22                   24 May'81.




360                  The IHaldimand Papers.
Names and Rank.     Age.   Where and       When taken.
Philip Carger,            16                  24 Oct.'81.
Jacob Carger,             32   Mohawk River, " 
110 Conrad Fletcher,                              11 July'82.
Thos. Shoemaker,          18                  22 June 
George Edy,               24   German Flats,   6 "'80.
And'w Piper,              21                  22 "'82.
Ien. Shover,              30                  12 Mar.'80.
115 Law'nce Harteer,              Ellis' Mills,   20 June'82.
Mich. Stobage,            18 Currystown,      24 Oct.'81.
Nath'l Bird,              33 Crown Point,     10 July 182.
Alex'r Noel,              23                  15 June'80.
Henry Shultz,             48 Stonerobin,      23 July'81.
120 Jno. Shultz,               37      do.           " 
John Coon,                    Pro'ce N. York, 11 Oct.'80.
Jno. Frisby,              14                   6 Dec. 81.
John Skillen,             23 Bultassel,       16 April'82.
Felix Benedict,               Pro'ce N. York, 11 Oct.'80.
125 Win. Shultz,              26 Stonerobin,      23 July'81.
Jas. Gordon,              19                  17 Oct.'80.
Esias Benedict,           18i 5 
Thos. Barnham,             34 Ballston,        "  " 
S'l Tarrey,               29 Cohohas,         15 June'82.
130 Nath'l Leger,             27 Sudbury,          3 Aug.'81.
Jno. Nealey,              28 F. Freeland,     20 July'79.
Jno. Coughey,             30 Salt River,      16 April'81.
Silas McWithes,           30 Kingsbury,        2 Aug. "
Matt'v Claghorn,          64                  18 April'82.
135 Jno. Cookeley,             26 Albany,          7 Aug. 
Jno. Tubbs,               34    do. 
Thos. Hunter,             24 Corinth,         I   " 
Jacob Tanner,             38 Currystown,      25 Oct.'81.
Jno. Lewis,                3 Caughawaga,       "  " 
140 Josh. Mires,               21      do.        22 May'80.
Ben. De Lene,             37 Johnstown,      i " i'79.
Jas. Van Camp,            52 German Flats,     3 April'80.
Ben. Clarke,              27 Sudbury,          3 Aug.'81.
Is'c Keeler,              22 Fort George,     11 Oct.'80.
145 Joshua Drake, Captain,        Pro'ce N. York, I 23 Oct.  "
Henry Covel,              22 Canada,           7 Sept.'81.
S'l Patchin,              26 Ballston,        17 Oct.'80.
Is'c Patchin,                 Scoharrow,       7 April "
Pregist Patchin,           24   do.            "  "'8.
150 Absalom Farewell,
Benj'n Geer,
Chas. Shulton,                                Boy, [Seaman.]
Peter Timber,              22
Jas. Turner,              44
155 Aaron Purbeck,                G. St. Lawrence,   July'82.
Jacob Giere,                  Mohawk River,'79.
Welcome,                G. St. Lawrence,
(Remark.) Lieutenant of the dispatch had been left as a hostage for
the officers that went in the cartel to Morton.
RICII'D MURRAY, Commissary of Prisoners.
Indorsed: "Return of prisoners belonging to the Province of New
York and New England."                Quebec, 2d November, 1782.




The Haldimand Papers.                    861
Gen. Haldimand to Sir Guy Carleton.
[No. 19.]                      QUEBEC, 11th November, 1782.
Sir:-The prisoners of war have been at length collected for the
purpose of exchange, and such of them as could not with propriety be
sent over Lake Champlain, shipped on board a vessel at this place for
Salem. I judged it prudent upon receipt of your letter, communicating
the resolution of an attack upon the upper country, and hearing by a
rebel newspaper that they had broke up the cartel to separate the prisoners belonging to Virginia, Pennsylvania, &c., from those of York country and neighborhoodc and send'them immediately to New York, under
convoy of His Majesty's sloop Drake, as there are many of them principally interested in the encroachments upon the Indian country, and who
in case the designs communicated in your letter should take place, will
prove very dangerous enemies to us in that quarter. Of this number is
a colonel Campbell, a man of abilities and influence and the most determined avowed rebel we have known here. The Indians in general, but
particularly at Detroit, complain heavily of' our permitting prisoners to
return to their homes during the war, and have frequently upbraided us
with exposing them a second time to the resentment of the same enemy.
They are particularly anxious ifoi the detention of colonel Campbell, and
have formally requested it, although I cannot take upon me to depart so
far from the instauctions of the Knmg's Minister, circumstances unknown
to me may authorize it on your part. I have therefore thought fit to put
it in your power.
A few prisoners are arrived at Montreal fiom the upper country which
cannot be sent by this present. I have the honor to be with great regard,
Sir, your Excellency's most obedient and most humble servant,
FRED. HALDIMAND.
His Excellency, General Sir Guy Carleton.
P. S. Enclosed is a duplicate of my last letter in cypher, and lists of
the prisoners of war sent by this present to New York and to Boston.
F. H.
Gen. Haldimand to Sir G-uy Carleton.
[No. 20.]                       QUEBEC, November 11, 1782.
Sir -    My messenger returned by way of Halifax the 4th instant, with
your letter of the 9th of September, a duplicate of the same, one of the
25th of August, and one of the 6th of September.
Should the King's service and this province require a reinforcemellnt
of troops, which it certainly will if the invasion of the upper country
mentioned in your former letter or the evacuations rumored in the colonies should take place, I shall make the earliest application possible to
major-general Patterson, in the consequence of your instructions to hirL,
In eih     ther of these events your knowledge of the seivice of this province
and of the troops which in general compose the army in it, will point out
the necessity for a strong reinforcement and of the best troops.
I have the honor to be with great regard, Sir, Your Excellency's most
obedient and most humble servant,          FRED. HALDIMAND.
I take the liberty to inclose a letter for Lietenant-Colonel Carleton,
which was sent after my messenger to the Hook.
46




362                 The Haldimand Papers.
General Haldimand to whom it might concern:1
As the contents of' this dispatch more nearly concern the happiness
of the Americans than the King's service, I have desired the messenger,
in case of falling into the enemy's hands, not to destroy but to deliver it
up, and I here request it may be immediately forwarded to General
Washington, and expect that no injury or insult be offered to the messenger.
QUEBEC, 17 February, 1783.
FRED. HALDIMAND.
[No. 21.]                       QUEBEC, February 17th, 1783.
Sir: -I have very lately received letters from Brigadier General Maclean, commanding in the upper country, accompanied by a speech from
the Six Nation Indians, so strongly expressive of their resentment and
determination to retaliate the late barbarity committed by the Virginianis, and in the total destruction of a Shawanese setthlment, (Standing
Stone Village,) and the indiscriminate massacre of all its inhabitants,
that I think it my duty to the King's service to communicate their resolution. to you for the purpose of representing to General Washington the
fatal consequences which must unavoidably follow the unwarrantable
advantage which has been taken of my restraining (in consequence of
orders friom the King's Minister) the light troops and Indians from offensive war in that quarter. I have employed every argument in my power
to suggest, to dissuade the Indians from their purpose, at the same time
cannot passively look on and see their country ravaged, their women and
children murdered for the royal cause. I have therefore promised to
assist them with troops, and by every means in my power to oppose the
incursions of the enemy into their country, and I shall most faithfully
perform it. The difficulty and uncertainty of communicating at this distance with General Washington, prevents my addressing him myself
upon this interesting subject, but your situation affords you a facility of
doing it which I request you will improve, should you, as I do, think it
necessary for the King's service, for which purpose I enclose to you an
extract of a speech delivered by the Six Nations.
On the 10th of January I received a duplicate of your letter of the
26th of October, acknowledged in my letter of the 11th of November.
Reports have lately circulated here that Charleston is evacuated;
that the French fleet and army have departed for the West Indies; that
Lord Howe has effectually relieved Gibralter and obtained some advantage over the combined fleets, with many others that may be equally
true or false, and which I can neither confirm or contradict, not having
received the least official communication from any quarter since your letter of the above-mentioned date.
I have the honor to be, sir, your Excellency's
most obedient and most humble servant,
FRED. HALDIMAND.
His Excellency, Sir Guy Carleton.
Extract of a speech delivered to Brigadier General McLean by the principal chiefs and warriors of the Six Nation Indians, assembled in Council
at Niagara, the 11th of December, 1782. Tiaguando, speaker.
We thank the Great Spirit for this opportunity of meeting the general
and other officers here assembled on this particular occasion, as it gives
1 Doubtless an open letter sent by the bearer of the dispatch No. 21.




The Haldimand Papers.                   863
us the power of laying before him and Colonel Butler the results of our
deliberations in a late Council of the Chiefs, held at one of our villages
in consequence of intelligence we received from our brothers the Shawanese, informing us of their late misfortune, their Lower Town having
been cut off by the perfidious cruel rebels, at a time when they and we
were forbid to go to war, and directed to cease hostilities by the great
General of your brother the King of England, and upon our agreeing to
obey the orders of the General, the perfidious rebels have taken the advantage of our inactivity, and have come like thieves in the night, when
the Shawanese warriors were out at their Hunting' Grounds, surrounded
one of their towns and murdered all their women and children. We
therefore think it proper to acquaint you, that you may let the great General know, that we shall remain no longer idle and see our brethren and
people destroyed by these cruel rebels, since the fate they have met with
may be ours next, if you do not go to war to prevent it. We therefore
desire that you will request the great General in our name to assist us
heartily in sharpening our axe.
We have lately mentioned unto you the cruelties committed by the
rebels upon our young brethren the Shawanese, and we are persuaded
there is no reliance to be had on the faith or promises of the rebels,
whose unparalleled cruelties lately destroyed, the poor Moravian Indians,
their near neighbors, who never went to war against them or any other
people; yet under the cloak of friendship they murdered them in cold
blood, and reduced their bones to ashes, that the murderers might not
be discovered.
In the year.1779, when the rebels attacked the villages of the Six Nations, their cruelty was equally great, for at the Onoudago Town (of
which I am one of the principal chiefs) they put to death all the women
and children except some of the young women, whom they carried away
for the use of their soldiers, and were afterwards put to death in a most
shameful manner, yet these people call themselves Christians. We have
been so long deceived by the rebels that we can no longer trust to their
words, and we find by sad experience that the enemy profit by the lying
still and following the advice of the General. We are therefore resolved
that in future we will act upon their own principle and shew them no
lenity or mercy, and we hope for assistance from the great General, and
that he will not find fault with us for following the example of the rebels,
and tho' we have hitherto in general refrained from retaliating their cruelties, except in the instance of' Colonel Crawford, the principal agent in
the murder of the Moravians, and he was burned with justice and ac;cording to our custom; yet we make no doubt that the rebels will imagine
that our not going to war proceeds from fear. We therefore propose to
send a flag to them to acquaint them that we shall in future follow the
example set us by themselves, seeing it is their intention to destroy the
Indians and possess themselves of that country.
Gen. Reidesel to Sir Guy Carleton.
SOREL, June 21, 1783.
Sir - His Excellency, General Haldimand, having permitted me to
send an officer to New York by land, I seize the occasion to acknowledge
the receipt of three letters from Your Excellency during the course of
last year and this spring, enclosing a small note, all which I regularly
answered by the way of Halifax and Penobscot.
Your Excellency's last letter Count Schononold delivered me the 2nd
instant. It leaves me but little hope that our prisoners of war can join




36-:                The Haldimand Papers.
us before we leave this Province, as we are now under orders to marclh
on the shortest notice. I therefore take the liberty of sending Lieutenant Danier, the officer who will deliver this, to request Your Excellency's
protection for Lieutenant Reineking, the officer who is now at Ncw York
and who is to conduct our prisoners of war when exchanged to Germany.
As he is a confidential officer, I presume to request Your Excellency will
let him have such sums of money as he may be in nleed of from time to
time, to supply the just demands of the exchanged soldiers under his coinmand. As our prisoners have been hitherto dispersed in two different
Provinces, those of the convention in Pennsylvania and those of Bennington, to the 7th of October, in Massachusetts Bay, their being collected together to Europe would be of great use to the service. as it would assemble more officers to take care of the men.
Your Excellency having always so effectually protected His Serene
Highness' my master's troops, he now with every confidence of its continuance gives them up to Your Excellency's goodness.
Madam de Reidesel as well as myself are highly sensible of Your Excellency's kind recollection of them, and you may be assured, Sir, we
shall ever retain the warmest respect and attachment for yourself and
family.
I have been honored with a letter from Lord North, signifying the
King's pleasure that we shall return to Europe, with a most flattering
compliment from His Majesty on the condition of the Brunswick troops
as well as my own during the war. The transports have been spoken
with off Newfoundland and are daily expected. We shall embark immediately on their arrival, sail for Europe, and I hope to have the agreeable
opportunity of personally paying our respects to Lady Maria.
I beg leave to recommend in the best manner to Your Excellency the
bearer hereof, Lieutenant Danier, and as I am very desirous of seeing
him again before we sail, to know in what situation our troops to the
southward are, I request le may be allowed to return as soon-as possible.
I have the honor to be with most profound respect, Sir, Your Excellency's faithfuil and obed't serv't,                 RIEDESEL.
His Excellency, General Sir Guy Carleton, &c., &c., &c.
Indorsed:'"Major-General Riedesel (Sorel, 21 June, 1783,) to General
Sir Guy Carleton. Received 1st July, 1783."
Lieut. Thompson to LfIajor JMcKenzie.
QUEBEC, June 28th, 1783.
Sir — I think it proper to inform you that I arrived here in the afternoon of the 24th instant, having been twelve days on the journey. I delivered Sir Guy Carleton's dispatches to the commander-in-chief of this
Province and wait for orders to return.
I have the honor to be, Sir, your most obed't humble serv't,
HE\NRY G. TiHOMPsoN, Lieut. of Artillery.
]fMajor MaclKeazie, cc., c&c.
Indorsed: " Lieutenant Thompson, Royal Artillery, Quebec, 28th
June, 1783. Received 10th August, addressed Major MacKenzie, Deputy Adjutant-General, New York."
General Haldimand to Sir Guy Carleton.
QUEBEC, 7th July, 1783.
Sir:'-I have to acknowledge the receipt of your letters of the 4th and
6th ultimo, (by Lieutenant Thompson,) communicating His Majesty's




The Haldimand Papers.                    365
commands to you respecting the return of the German troops to Europe,
and have in consequence thereof determined to send those belonging to
the Canada Establishment directly to the Downs, instead of Canada as
it was at first intended. Having received a similar order respecting the
German troops here, I am preparing to embark them, and as they are to
rendezvous in the Downs, they will be joined by the troops from the
southward belonging to them.
Influenced by a sense of the services and sufferings of the unfortunate
loyalists, and of the cordial attention and assistance they met from government, I have long since taken every preparatory step in my power to
afford such of them as are within my knowledge every succour the Province as an asylum can produce, and if the families mentioned in your
Excellency's letter should continue in their resolution of coming to this
country, they will meet with the like reception. Confident that altho'
I have not yet received any instructions upon that subject, myT endeavors
to fulfill His Majesty's benevolent disposition for the protection and
relief of his distressed subjects will be honored with his approbation,
I am, sir, your Excellency's most obedient
and most humble servant,
FRED. HALDIMAND.
To His Excellency, General Sir Guy Carleton.
ajor G-ray to Gen. Haldimand.
Si:- My own situation, in the loss of all my property by this rebellion and now left destitute to support my family, makes me take this liberty to beg Your Excellency's interest for sonme support. I have taken
the same liberty with Lord Amherst, as his Lordship knew my services
last war in America under his eve. I have entered the service as an officer in the year'45, and served in Lord Loudon's Regiment till reduced
in 1779, came a Lieutenant in the year 1756 to this country, and served
till the war was over in the 42nd regimnent. Those services induced me
to trouble your Excellency for protection in my old age.
I have the honor to be Your Excellency's most humble servant,
M0AJOR JAMES GRAY, Ri. R. Reg't, New York.
MONTREAL, 15th July, 1783.
Major Glray to Sir Guy Carleton.
MONTREAL, 15th July, 1783.
Sir -In the absence of Sir John Johnson, who is lately gone to the
upper country on public duty, it has been thought advisable as well by
myself as by the captains of the first Battalion of the King's Regilment
of New York, from a conversation had with Sir John, to address Your
Excellency on the subject of our situation.
I transmit a return of the officers' rank, name, and services, as we do
aiother via Quebec, for Messrs Bishop and Brummell, agents for the
regiment.
Nothing could have induced me to take this liberty with Your Excellency but the consciousness we all have felt that the regiment was raised
by your appointment and authority and fostered by your good auspices
so as to be at present estimated a respectable corps.
We have only to regret that notwithstanding this favorable commencemenit and our faithful services, we find ourselves in an inferior predica



366                 The Haldimand Papers.
ment to many other late provincial corps, our juniors in military standing. To whatever cause this may be attributed, we persuade ourselves
that when Your Excellency recollects our having been the first regiment
raised on that establishment, and our constant duties since, it mlay prove
a means of purchasing us that station and attention which from Your
Excellency's countenance and -our grateful experience of your past approbation, we were flattered with the hopes of through our steady services
and unremitted endeavors to merit the continuance of your protection.
I have the honor to be on behalf of myself and your officers, Sir, Your
Excellency's most humble and most obed't serv't,
JAMES GRAY, Major.
His Excellency, Sir Guy Carleton.
General Haldima'nd to Sir Guy Carleton.
QUEBEC, 15th September, 1783.
Sir:-On the 29th ultimo the last of the transports with the loyalists
mentioned in your Excellency's letter of the 4th of June last arrived at
this place. I have done all in my power to expedite their return, and
they will sail this day.
I have ordered a passage for a number of seamen who are desirous to
seek for employment at New York, having been discharged fiom the
Lake service in this Province, and I have permitted four families ot
loyalists to return to York at their particular requests, finding themselves
disappointed in the sanguine hopes they had formed of the country.
I am, sir, your Excellency's most obedient
and most humble servant.
FRED. HALDIMAND.
His Excellency, Sir Guy Carleton.
John Porte us and others to Sir Guy Carleton.
To Hlis Excellency, General Sir Guyy Carleton, Knight of the Bath and
Comn.marnder-in-Chiefc, Ac., &c., c.:
PLEASE YOUR EXCELLENCY: We have taken the liberty to request
of your Excellency a few lines of recommendation to Governor Parr,
whom we have memorialized to grant us lots in the town of Shelburn,
on the same footing as Messrs. Harvey and Watson, and whereto our
business prevents our going till next spring.
We have enclosed your Excellency our memorial and wish to have it,
with your approbation, to forward with Messrs. Harvey and Watson, now
boond to Nova Scotia, who will present it.
We hope your Excellency will pardon our troubling you at this late
hour, which our former disappointment was the cause of.
We are, with the greatest respect, your Excellency's most humble and
obedient servants,                         JOHN PORTEUS,
SAMUEL DOUGLAS,
DONALD MACLEAN,
THOMAS ROACH,
ANDREW MITCHELL.
New York, 15th November, 1783.
Indorsed: "Petition of Messrs. Porteus and others to Sir Guy Carleton, November 15th, 1783."




OPINIONS OF THE NEGOTIATION.
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 [the negotiation] 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 government; 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 defend herself,
lay at the mercy of the enemy in Canada.
Eight persons only in Vermont were in the secret of this correspondence..' Each of them were known to be among the most confirmed friends to the American cause. They had avowed their
sentiments and embraced the cause of their country, from the beginning of the American 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.2
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,
1 Ante, 7.
2 Naturala and Civil History of Vermnont, second edition, 1809, Vol. II,
214, 215.




368              Opinions of the Negotiation.
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, subdued, 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.I Thus while the British generals were fondly imagining that
they were deceiving, corrupting and seducing the people of Vermont, by their superior arts, address and intrigues, the wiser policy of eight honest farmers, in the most uncultivated part of America, 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.2'The correspondence discloses the fact that Sir Henry Clinton, gen.
Haldimand, and his commissioners, all counted the people of Vermont 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.Ante, 176, 178, 179, 192, 208, 265, 281, 289, 290.
2 Natural andcl Civil History of Ve-rmont, Vol. II, 215, 216.




Op.inions of the lVegotiation.       369
Among the authors who, through strong sympathy with New
York in the controversy between that state and Vermont, have
been somewhat prejudiced and expressed opinions adverse to the
negotiation - or at least to the Vermont negotiators - WILLIAM
L. STONE is the fairest and best. Did the facts in his judgment
warrant a more unfavorable opinion than he expressed, surely it
would have been recorded, since, at the time he wrote (1837-8)
there was no occasion for delicacy or concealment. The old controversy had long been settled; all the parties to the negotiation
were dead; the matter had passed into history, and nothing then
remained, as now, but to form a just judgment upon the facts recorded. That Mr. Stone formed an opinion as favorable as he
did to the great body of the people of Vermont of that day, and
so lenient to the few who were personally engaged in, or cognizant of, the negotiation, is in fact a condemnation of all harsher
judgment, by whomsoever uttered. In this view, his opinion is
specially valuable and deserving a place in this volume.
Mr. Stone added, from the New York documents, only two facts
touching the question, which have not already been given in this
volume. These are now given, with whatever else bears upon or
is indicative of his opinion.
The fact has been recorded (ante, 184,) that lieutenant-colonel
Fairbanks and others were captured in the then "West Union,"
October, 1781, by colonel Van Rensselaer. Though all but one
escaped, this fact was not known on the first report, it seems, for
on this occurrence Mr. Stone wrote:
Governor CJiittenden to Capt. Van Rensselaer.,
Governor Chittenden wrote to officers of New York, demanding
the release of the prisoners taken from the Grants- asserting their
[Vermont's] determinationi 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."'ls. letter [said Mr. Stone] from Thomas Chittenden to captain Van
Rensselaer, aimong the Gansevoort papers.
47




370              Opinions of the Negotiation.
On this "admonition" Mr. Stone observed:
This dark and rather awkward saying was full of meaning, as
will appear in a subsequent portion of the present chapter.
Further he observed of this period:
Meantime the government of the Grants had effected an organization of their own militia, and disclosures had been made to the
governmenrt of New York, imputing to the leading men of the Grants
a design, in the event of a certain contingency, of throwing the weight
of their own forces into the scale of the Crown. The following letter may be considered important in this connexion:Governor Clinton to General Gansevoort.
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 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,)' 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 zwhich otherwise would not have
been borne with; and I could have wished to have continued this
kind of conduct until the a]pproaching season would have secured us
against the incursions of the conmmon enemy. But as from accounts
contained in Colonel Van Rensselaer's letter, it would appear that
the militia embodying under Mr. C(hittenden's orders are for the
1Gov. Clinton here referred to the "East and West Unions."'The Resolution of August 20-21, 1781.
8 Clearly this was mere suspicion. The "conduct" of Vermont is fully
given in this volume, by which the justice of this suspicion can be tried.




Opinions of the Negotiation.             371
service of the enemy, and that their first object was to make you
a prisoner, it would be unjustifiable to suffer them to proceed.' 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 Rensselaer 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 anything 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.
I am, with great respect and esteem, Dear Sir, your most obed't
serv't,                                       GEO. CLINTON.
Brig. Gen. GGansevoort.2
1On 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 Stark's assistance, when Van Rensselaer took them prisoners. So Van Rensselaer's suspicion or conjecture in this instance was
flatly contradicted by Safford.-Ante, 185.
2Life of Jose2ph Brant, Vol. i, 183-185. This letter of governor Clinton has a very important bearing upon the negotiation, because it indicates that the purpose of Clinton was to bring Vermont into submission
to New York by force, as soon as that could be done, or after peace had
been made with Great Britain. The fact that the Vermont negotiators
feared this, and were greatly influenced by it, runs through the whole
negotiation, coupled with the still more alarming apprehension that New
York would be supported by Congress. This apprehension led Ira Allen to declare, in his first interview with the British Commissioners,
that in case the ruling power at the end of the war would not give Vermont " a free charter,"' her people " would return to the mountains, turn
savages, and fight the devil, hell, and human nature at large;" and in




372               Opinions of the Negotiation.
In continuing this subject, Mr. Stone stated the substance of the
affidavits of John Edgar and David Abeel, and of the letter communicated with them to the assembly of New York by gov. Clinton, March 21, 1782, and quoted the governor's opinion that these
papers, with corroborating circumstances, "tend to show, that
these criminal transactions are not confined to individuals, but
have been conducted under the sanction of that usurped government."' To these Mr. Stone added a fair statement of what is to
be found in the Vermont State Papers and Ira Allen's Political
History, [given in this volume and volume one of the lVermont
Historical Society Collections,] and proceeded thus:
his last letter to Haldimand to suggest the danger that the people in the
West Union, proposed then to be added again to Vermont, "woulc
fall a prey to the resentzmernt of New York, assisted by the authority of Congress."-Ante, 110, 283. March 9, 1781, in his letter to the president of Congress, Ethan Allen justified the negotiation to the point of an absolute
cessation of hostilities with Great Britain, on this ground alone, observing that " Vermont, of all people, would be the most miseriable, were she
obliged to defend the independence of United claiming States, and they,
at the same time, at fall liberty to overturn ancd ruin the independence of
Vermont." Gov. Chittenden and others expressed the same idea in the
general assembl; and this design was imputed to the claiming states
in the "defense of the East and West Unions," Jan. 1782.- Ante, 105,
122, 235. Other citations could be made to the same eftect, but these
amply show the danger which the Vermont negotiators apprehended, and
gov. Clinton's letter proves that the apprehension was well founded.'iAnte, 256-258. Once more the governor was in error: nothing was
ever sanctioned by the "government " of Vermont but negotiations for
tie exchange of prisoners, all else having been rigidly' confined to individuals." Moreover, had the Vermont government absolutely agreed to
everythifig alleged and suggested in the papers referred to by Clinton,
the transaction would not have been "criminal," except on Clinton's theory that Vermont belonged to New York and the Vermont government
was'usurped."  In fact, however, Vermont was then independ ant of
New York, congress, and all other authority, and as a sovereign state
had the right, under the law of nations, to negotiate with any other sovereign. This right was asserted by gov. Chittenden and the Allens, to
congress, to Washington, to New York, to the New England states, and
to Haldimand, and the negotiation for an exchange of prisoners was an
actual exercise of it. The farther negotiation was not, because it was
never authorized by the government of Vermont, and never carried so
far, by the individuals concerned in it, as to require the Vermont government to act upon it, either by approval or rejection.




Opinions of the Negotiation.           373.Every close reader of American history is aware that there was
a correspondence of some description, between the leaders of the
people occupying the New Hampshire Grants and the common enemy, during the latter years of the Revolutionary war.  But
neither the precise character, nor the extent,, of that correspondence, has been generally understood; while it has, for obvious
reasons, been the desire of those most directly concerned in those
matters, to represent the whole as a game of dissembling with an
enemy who had attempted to tamper with the patriotic sons of the
Green Mountains.   Be this as it may, it is in the secret proceedings of the Vermont conspirators, that the key is found to the
mysterious movements of the enemy on Lake Champlain, which
had so greatly harrassed the American commanders at the north
during that Autumn. It was known that St. Leger was upon the
lake in great force; and having landed at Ticonderoga, to all human calculation an invasion was intended, which the country was
ill prepared to resist.  At times he was apparently balancing
upon what point to move. With the means of striking, he did not
strike; and his dilatoriness, and apparent indecision, were alike
inexplicable.  The effect'was to keep the northern part of the
state.in constant alarm, and to harrass the militia by frequent calls
to the field, against an enemy hovering upon the shore of the lake,
always, apparently, just ready to make a descent, and yet idling
away the season without further demonstration.  Much greater
quietness might have been enjoyed by the people of New York, so
far a.s the common enemy was concerned, had it been known that
his hands were fettered bIy an atrmi.stice uwith a contiguous territory,
claiming to be an American state, and professing at the same time
to be at open war with the self-same enemy with whom the governnent of the said territory was at that moment in secret alliance.'
Were this to be construed into a complaint, that by the concealmient of the armistice New York had been needlessly alarmed, it
would be pertinent to reply, that'" the conspirators " might well
be thanked for sparing that state from an actual attack, when Mr.
Stone confesses that it was ill prepared to resist. This is indeed
indirectly admitted. Mr. Stone only explained what at the time
was a mystery. It is in a note to this statement that Mr. Stone's
opinion of the Vermont negotiators is given. After stating that
Mr. Sparks concurred in the opinion of earlier writers, that the
1 Not having the vrhole history, Mr. Stone fell into gov. Clinton's error.
Neither were therelbre blamnable. Kniowing thtthl there was a negotiation,
the inference that it was official was natural, though erroneous.




374               Opinions of the Negotiation.
negotiation was " a game of dissembling with an enemy who had
attempted to tamper with " them, Mr. Stone declared:The author certainly agrees with Mr. Sparks in the opinion that
there was never any serious intention on the part of the Vermontese to listen to the British proposals."  But with great deference, after a full examination of the case, the same cannot be
said of the leaders of the Vermontese.  They had determined that
New York should be dismembered; and if they could not force
themselves into the confederation as a State, they were willing to
fall back into the arms of Great Britain as a Colony.   But it is
very certain, from the conduct of the people of the Grants when
they heard of St. Leger's regrets at the killing of the sergeant,
that they were prepared for no such arrangement.'
1 Life of Joseph Bi';ant, Vol. ii, 203, 204. This tribute to the patriotism
and fidelity of the people of Vermont is all the more valuable because of
the exception of their " leaderss,' whlich Mr. Stone felt compelled to make.
Ordinarily, the leading men of a state not only give it their own character wherever they are known, but actually shape the opinions and conduct of its people; so, if iMr. Stone was correct, Vermont presented the
rare instance of a constituency uninfluenced by " the leaders " they had
selected. The truth however was, that no such difference existed between leaders and people. There were no truer or braver fiiends to the
cause of America than the Vermont " leaders" in the Haldimand negotiation. Their attachment to it and preference for it were avowed during the negotiation, not only to Washington, and congress, and the
neighboring states, but to the British commissioners, and to General Halcimandl himself, at the very time they were entertaining the British propositions. At the first interview with the commissioners, Ira Allen 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." Inclined them, against their principles, in a certain
contingency: that is all there was of that. Repeatedly this was said to
the British commissioners.-[_Ante, 112, 116, 117.] Gen. Haldimand so
understood the matter, and wrote to Sir Henry Clinton, Aug. 2, 1781, as
to Vermont: " they have likewise acknowledged a preference for congress,
provided they are admitted in alliance as a fourteenth state." —[Ante, 151.]
The opinion of Mr. Stone, that the " leaders " were willing to fall back
as a British Colony, in case Vermont was not admitted to the Union, is
negatived by the fact, that for eight years-1788 to 1791-this very
contingency existed; Vermont was neither in the American Union
nor a British Colony: so she did not "fall back." The expressions of
the Allens favorable to Vermont becoming a British Province, &c.,




Opinions of the Negotiation.             375
A reply to Mr. Stone was published in 1846 by Hon. DANIEL CHIPMAN, who was a lad at the time the negotiation was made, but of
which he had all the knowledge his older brother —Ton. Nathaniel
Chipman-could give him    The latter commenced his professional
career in Vermont in 1779, then being in his twenty-sixth year.
The fact is stated that he was not of the Chittenden party-being
then, doubtless, as he was ever afterward, a staunch Federalistbut on one occasion he was admitted to the governor's confidence
and assisted in drafting papers to be reported to the general assembly, touching the negotiation.  It may fairly be presumed,
therefore, that Nathaniel Chipman had been himself prepared for
this work, by assurances that the negotiation was intended for the
common benefit of Vermont and the country, and that Haldimand
was amusing himself with expectations that were to be disappointed.
Thus Daniel Chipman was led to adopt this as his own interpretation.  The editor of this volume is constrained to say that he
rejects the idea that Chittenden and the Aliens were guilty of deliberate deception.  The documents in this volume will warrant
a more charitable judgment, and it should be remembered that, as
should be construed by the possible contingencies in view of which they
were made. If congress were to decide against Vermont and unite with
New York in war upon her, the Allens and their associates wanted and
doubtless depended on the alliance and aid of Great Britain for defense;
and, in. the last extremity, if protection to the state and to their property
could be secured only by making Vermont a British Province, they probably would choose that rather than. lose their all.-[Thompson's Vermont,
Part I, 67.] Ira Allen was once represented as saying [ante, 115,] 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,"-a remark more likely then to have referred to New York.
If Great Britain were to prevail in the general contest, and all the states
were again to become British Provin:es, they desired to have Vermont
a sepoarcte Province,-at least, separate friom New York. But in tthe tird
contingency, of the recognition of Vermont as an independent state by
Congress, is to be found the one they preferred to all others, both from
principle and interest. For this, they offered to bear Verlmont's portion
of the expense of the war, and give all possible aid for the independence
of the nation. This having been declared to Congress, and avowed by
them to Haldimand, ought to be a sufficient answer to all aspersions of
their patriotism.




376               Opinions of the Negotiation.
now gathered and published complete, they were never seen by
the Chipmans, as they never were in the possession of Vermont until brought there in copies of the ilaldimand Papers, furnished by Jared Sparks to Henry Stevens.       Mr. Sparks had
seen all the papers, and he characterized the proceedings of the
Aliens as being " the allowable stratcaems of zwar."   On this
poitit there is a fact which is entitled to much weight.  The secret
negotiation was avowedly conducted on the honor of gentlemen;
and though general Haldimand confessed that he was sometimes
doubtful of the real views or intentions of the Vermont negotiators, he never complained that they had transcended the bounds
of diplomatic license, never charged them with personal dishonor.
On the contrary, while the necessity for diplomacy lasted, they
played their part so fairly, that at its close general Haldimand
entertained no sentiment but friendship, for the negotiators personally, and for Vermont.2
1 Spar7cs's American Biography, Vol. I, 341, hereinafter quoted.
2 Ante, 336. Vt. Hist. Col., Vol. I, 467, 468. The two letters most liable to criticism in this respect are Ethan Allen's, June 16, 1782, (ante,
275,) and Ira Allen's, July 11 of the same year, (ante, 283.) Congress
had again rejected Vermont - or could not admnit her — in April preceding, (ante, 261.) Vermont was prepared and determined to enforce her
authority in Windham county, in violation of the resolutions of congress,
which might provoke watr from1 that quarter, or at least from l Tew York;
and from botll sources force had been threatened before, as well as by
NTew Hamlpshire, and was threatened afterward, (ante, 221, 240, 243, 271,
311.) Finally, at the date of these letters Haldimand was prepared to invade the state, (ante, 265, 273, 281.) In this alarming crisis, Ethan Allen
wrote to -Haldimand, taking the ground that Veroont did not belong
"either to the confederacy or to the controversy," [the war between the
United States and England,] but was "a Neuetral Replubic."  He desired a little time "to bring about a further and more extended connection in favor of the British interest," (me aning, probably, for consultation
with Ira Allen and other leading men, then attending the legislature at
Windsor,) and for himself promised to "do every thing in my [his] power
to render this state a British province."  Ira Allen at Quebec, three
weeks later, adopted the same policy. [He, too, wanted time, and he was
bold enough to ask ior time sufficient to make a search in England for
Skene's charter, which, " if it could be procured, would much facilitate the
present negotiation," by again effecting the West Union.  He then represented that the governor and council were [at that time] so fully con



Opinions of the Negotiation.               377
With this caution, the views of Daniel Chipman are now given,
as follows:
It has become a matter of history, and is generally known, that
at the session of the legislature holden at Charlestown, in October,
vinced of the evil designs of congress and of the necessity of re-uniting
with Great Britain, that they were " determined at all events no obstacles shall prevent their endeavors to accomplish it."  He then indicated
the mode in which their endeavors were to be made: "I would therefore
in behalf of my employers propose," &c., and he proposed that Haldimand
should write for Skene^s charter. A reply from England could not be got
probably before navigation would have been closed, so this would bridge
over the negotiation till the spring of 1783. In the mean time exertions
were to be made for a private resuscitation of the West Union,- to raise
troops in New England to be put under Haldimand's direction,- and to
enlist an interest in New England men by selling them lands on the fiontiers. Allen then, on his own responsibility, suggested that IHaldimand
should offer "an immediate recognition of Vermont by a secret treaty, to
be signed and ratified by gov. Chittenden, gen. Allen, and the council,
declaring Vermont a British Province and engaging to use every prudent measure to promlote his majesty's governmenlt until" Haldimand
could "protect them in a public declaration.'" But Hacldimantc must propose this; Allen had no authority to do it. All he could say was, that he
was persuaded such an offer " would be acceptable to the governor and
legislative authority of Vermont."  And well it might be, as it would
save them from an invasion by Haldimand for the time being, and bind
the assembly to niothing until it should have ratified it. After disavowing
any official authority, Allen alleged that he was sent "by gov. Chittenden, gen. Allen and their privy council, to negotiate a re-union, and iprivately 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 by " Haldimand. To one convinced that the
most of the populace were of a different sentiment, unless they were for
the time panic-stricken, this looks like lying: but, diplomatically scrutinized, the interpretation is not that Allen actually affirmed the fact to be
so, but that he was "privately authorized to engage that the authority,"'
&c. He did not affirm it; and as to the representatives of the people he
cautiously said, that they were " convening for the purpose [Allen's purpose, and perhaps that of his party,] of procuring a vote in favor of government's neutrality until theformer [treaty to be proposed] couzld be maintained and supported." This was Ethan's idea, and the peculiar phraseology of Ira fairly implies that the favor of the populace to the British,
which he had been authorized "' to engage," was yet to be secured. It
needed time to bring them over. The gist of the whole was: neutrality, which meant peace —time-further negotiation; and Allen gained his
48




378               Oplinions of the Negotiation.
1781, Gov. Chittenden received a despatch from Gen. St. Leger,
making an excuse for the killing of Tupper, an Anierican sergeant,
by a British scout; and which necessarily disclosed the secret
armistice, which had sometime before been agreed on, between the
executive of this state and the governor of Canada.' The contents of the despatch had in some way become known to certain
individuals who were not in the secret. This at once produced a
high degree of excitement, and raised a clamor which it was necessary to silence without delay. And no other mode of doing this
occurred at the time but that of remoulding the despatch, leaving
out everything which related to the armistice, so that it might be
communicated to the legislature.  At this time there were two
parties in the state.  At the head of one party was Governor
Chittenden, Ira Allen and others, called the old corps. Nathaniel
Chipman was ranked with the opposition, yet Governor Chittenden
had such confidence in his talents and patriotism, that he committed the despatch to him for revision; which task lie speedily performed, and ia a satisfactory manner. For when the revised despatch was read in the assembly, they were satisfied that their suspicions had been without foundation; the excitement was allayed,
and the legislature proceeded with the ordinary business of the
session. It will be proper, in this place, to make some remarks
upon this secret negotiation with the governor of Canada, for the
subject of this memoir was connected with it.
Certain historians, unacquainted with the early history of this
state, have not scrupled to charge Governor Chittenden and his
compatriots with treason against the United States, for entering
into a secret negotiation with their enemies, with the intention of
joining the British in the war of the revolution-a charge without the least foundation in fact. And should the present generaend: Haldimanc did write to England for instructions.-[Anzte, 289.]
Thereere re several promises which Ira Alien said he was authorized to
make, but did not make, and Ethanes promise to " do all in his power,"
&c., was -in futzro. Hlad Haldimand offered the treaty as suggested, all
the promises, made or authorized to be made, might have been tested,
and then it would have appeared whether the Aliens were or were not
deceptive or untruthful. Whether, if the contingency of war with Congress or New York had occurred, every promise or suggestion in both
letters would have been literally fulfilled, or the Aliens in that event
intended to fulfill them, is a question to which the answer must be conjectural only. The Allens were not tested. Haldimand dared not offer the
treaty without authority from lord Shelburne, and the pacific policy of
the new British cabinet superseded the necessity for furth6r negotiation.
1 This was a verbal agreement by Ira Allen, whose official authority
was to treat only for an exchange of prisoners.-Ante, 107, 109-10, 118-19.




Opinions of the Negotiation.            379
tion suffer this stain to rest on the characters of our fathers, so
distinguished among that band of patriots who achieved our independence, it would indicate a degeneracy which they have not yet
reached. Facts, which have ever been known to the people of
this state, will convince every unprejudiced mind that, not only
were Governor Chittenden and the executive council of this state
actuated by the purest patriotism, but that their sagacity and wisdom were remarkably conspicuous through the whole of the negotiation, from  the commencement to its close; a period of
several years; and that it proved, as they intended and foresaw
it would prove, as beneficial to the United States as to the people
of this state.
At the commencement of the revolutionary war, the people on
the New Hampshire grants were more united in defence of the
country, than the people in any one of the then United States. A
less proportion of tories were found among them than were found
in the other states. The causes of this are obvious to those who
are intimately acquainted with our early history. Great numbers
of the early settlers on the New Hampshire grants, were of the
sect of new-lights or separates, who fled from persecution in the
New England States, and found an asylum here, where they enjoyed their religious liberty. And history informs us that every
people on earth who have by persecution been forced to contend
for their religious liberty, have ever been prepared to contend
with equal perseverance for their civil rights. Accordingly, in
the contest with Great Britain for our civil and political rights,
this sect of Christians in the New Hampshire grants were firmly
united in the cause of their country. It is believed there was not
a single exception.'
The following is inmortant, as indicating the opinion of one of the
most distinguished men of New York of 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 Independence. 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 continental government.
ERobt. R. Livingston to Dr. Franl1lin. - [Extract.]
PHILADELPHIA, 13 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




380               Opinions of the Negotiation.
Add to this, that the people of this territory had for a number
of years been united and organized in opposition to the unjust
claim of New York, and had thus far been successful. When
therefore their rights were invaded from  another quarter, they
were perfectly prepared for resistance. They had no habit of
quiet submission to the powers that be, to be broken up, but were
already harnessed for the conflict.  Still further, the government
of Great Britain had decided that this territory was within the jurisdiction of New York.   Nothing therefore was to be expected
from that government but a confirmation of the New York title,
should the United States fail of establishing their independen ce.
On the other hand they had reason to hope, that if the United
States should achieve their independence, the claim of New York
would be set aside, and Vermont would become an independent
state.' Such a people, thus situated, could not but be united as
they were in the cause of their country, and support it as they
did to the last with unabated ardor.  Could such a people have
been influenced to join their enemies? a step forbidden alike by
patriotism and by self-interest.
Again, after the battle of Bennington, and the capture of Burgoyne, scarce a doubt was entertained that the United States
would achieve their independence.  In what situation, then, was
mention to you, since the facility with which the British deceive themselves, 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 "zNew Englanld 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 pretendcled 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 expedition, 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 discovered, is denounced by
the people, and such measures are now taken, that by te te ime the King
of Great Britain and his Council (before 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. —Franklcins Writings,
Vol. ix, 162. Sparks's Diplomatic Correspondence, Vol. II, 300.
Doubtless these expectations were entertained previous to the negotiation, but in the course of it the Vermont negotiators proposed to guard
against the first contingency by having Vermont secretly recognized as a
separate Province, and against the possible hostility of the confederacy by
securing Great Britain as any ally. But, in diplomatic parlance, the
treaty, suggested July 11, 1782, was " preliminary" or' conditional," the
condition being that Vermont reserved to herself the ultimate decisionas in the articles for the east and west unions. Both mark the same hand.




Opinions of the Negotiation.          381
Vermont to be placed by this secret negotiation? Was she to become a British province, or was she to be an independent state
under the protection of Great Britain?  In other words, in case
of a war between the United States and Great Britain, was this
to be made the common fighting ground, and the inhabitants exposed to be plundered by both armies?
I had proceeded thus far, calculating to conclude the subject with
some brief remarks  believing that, from what has beei said, it
would be admitted by all, that there is not the least foundation
to the charge of criminality against the leading men in Vermont,
in their secret negotiation with the British. But on reviewing the
subject, I am satisfied that duty requires a further examination of
it. Can we be satisfied?  Can we be excused, if we suffer the
character of our patriot fathers, who achieved the independence
of the state, and who acted so distinguished a part in achieving
our national independence, to go.down to posterity, stained with
the most unfounded charges of treason against their country, without showing, as it is in our power to do, that the overt acts of
treason specified, were dictated by the purest patriotism, and as
intended, afforded essential aid in the war of independence?
This must not be, but their acts and intentions must be truly stated,
that posterity may have a full knowledge of their character  I
feel this duty to be more imperative, because this charge, made in
the most formal manner, with a detail of the evidence in support
of it, is contained in tha.t interesting work, " The Life of Joseph
Brant,"  a work which will be read with interest by future geherations. The author has collected and detailed all the evidence on
which he founds his charge, and on which he pronounces sentence.
Now to me this evidence appears not only insufficient to prove
the charge, but wholly irrelevant. Yet I have good reason to distrust my own judgment in relation to the weight of this evidence,
as I have a personal krowledge of the facts in the case. For
although I was too young at the time of this secret negotiation to
be an actor in public affairs, yet I lived with my brother, who was
a principal actor in all public transactions at that day, and, as we
have seen, was concerned in this negotiation; and from him I had
at the time a knowledge of it, from near the commencement to the
close. But never did I hear from him, or aly one of the leading
men, an intimation that they thought of complying with the propositions of the British. But, on the contrary, whenever they met, this
secret negotiation was usually a subject of merriment and exultation, that the British were so completely, and so long deceived, to
their own injury, an(d out advantage.  As I have said, I must be
a very incomnpetent judge of the weight of the evidence which Mr.
Stone has adduced, to prove a charge which I knew to be unfoun



382              Opinions of the Negotiation.
ded.  Surely then, the reader will think it quite reasonable, that
I submit the evidence to his better judgment, with such remarks
as to its relevancy and weight as shall occur to me. 
[Here Mr. Chipman copied from Stone's Life of Joseph Brant
the matter already stated in preceding pages, 25(i-258, and quotations from Slade's Vermont State Papers, 142-156; Ira Allen's
Political History of Fermont, in Vermont Historical Society Collections, vol I, 414-466  and the Life of Ethan Allen, by Jared
Sparks, in American Biogracphy, vol. I, hereinafter cited.]
We will take the author's statement of the question which
he has decided, and which we propose to examine.  Were Governor Chittenden and the leading men of Vermont, in their secret
negotiations with the British, playing a game of dissembling with
an enemy who had attempted to tamper with the patriotic sons of
the Green Mountains, or had those leading men a serious intention
to listen to the proposals of the British? The author has decided
this question against the leading men of Vermont, that they had a
serious intention to listen to the proposals of the British. As this
decision is a reversal of the decision made by Sparks and others,
it must be taken that Mr. Stone has stated all the evidence on
which he founded his opinion; and it seems that he considered
most of it as new-discovered evidence, unknown to those who had
formed a different opinion in the case.  Such, I understand, is the
evidence of Edgar and Abeel, on which great reliance seems to be
placed.  A statement of facts is made to establish their credibility,
or rather to remove all suspicion that they might have been connected together, and fabricated their testimony. Now, had their
evidence the least bearing on the point in question, I should not
1 This should not be taken as conclusive proof that the Vermont leaders
abused the confidence of -aldimand. They were remarkably frank
for diplomatists, and Haldimand really was not deceived, even by his
hope for an ultimate decision favorable to Great Britain. The opinion
of Haldimand's commissioners was, that i interest, not loyalty, induced
the leading men to wish a union with Canada;" that about one fifth of
the people [then including the East and West Unions] were of the same
views, near another fifth loyal, and the remaining three fifths and more
were "mad rebels, under very little, if any, subjection to their leaders."
- [Ante, 150.] Haldimancl at the same time thought that the course of
Vermont depended entirely upon the result of the war for American
Independence, to which, he said, they had "a heartfelt attachment."- [Ante, 151.] Near the close of the negotiation, April 2,'82, his opinion was
that "coercion alone must decide the part Vermont will take. "-[Ante, 265.
Just boasts of Allen's success have been too broadly interpreted.




Opinions of the Negotiation.          383
hesitate to say that it is deserving of no credit whatever. Where,
and how, were the thirty Hessian deserters from Burgoyne's army
caught by Major Fay, to be delivered up to the British authorities?  Great numbers of the German soldiers, principally young
men, who took a fancy to this country, and determined not to return to their father-land, deserted from Burgoyne's army after the
capture, and settled in all parts of New England. But how> and
by whom, was Major Fay authorized to seize these peaceable citizens, for such they were, and deliver them up to the British authorities? And, surely, it was not by their own consent that they
were delivered up for punishment. This part of the testimony of
these witnesses, then, is a sheer fabrication, and discredits their
whole testimony. But, as before hinted, it is wholly unnecessary
to impeach these witnesses, for the obvious reason that, if true,
their testimony has no bearing on the point in question. It only
proves what was known to all, and admitted by all, that the leading men in Vermont entered into a secret negotiation with the
British authorities in Canada, and nothing more; having no tendency to prove with what design they entered into that negotiation.
The next evidence, is a more particular account of the negotiation communicated to the legislature of New York by Governor
Clinton, if, indeed, it can be considered as evidence, it being only
the declaration of Governor Clinton, that such was the purport
of the intelligence which he had received, and such was the
weight of the testimony, referring, of course, to the testimony of
Edgar and Abeel, that he did not hesitate to assert that they
proved a treasonable and dangerous intercourse and connection
between the leaders of the revolt, in the north-eastern part of the
state, and the common enemy. It is obvious that this adds nothing to the testimony of Edgar and Abeel, except the opinion of
Governor Clinton.  And this, without the slightest imputation
upon the governor, we may say, is deserving of no weight.  Extremely jealous as he was of the people of Vermont, information
of a secret negotiation between them and the common enemy,
would, to his mind, be the clearest evidence of treason. Indeed,
every one whose mind was unbiassed, being informed only of the
existence of the secret negotiation, would have formed the same
opinion.
The author then states the fact, that the people of Vermont, although doubtless for the most part attached to the cause of their
country, nevertheless looked upon New York as a more detested
enemy than Great Britain; a statement not exacty in accordance
with the final decision of the author. The next evidence is, that
in the month of March, 1780, Ethan Allen received a letter from




384              Opinions of the Negotiation.
Beverly Robinson, a British officer, of which letter it does not appear that any notice was taker. But on the receipt of a second
letter from Robinson in February, 1781, Allen transmitted both
letters to congress, accompanied ly a letter from himself, in which
he asserted the right in Vermont to agree to a cessation of hostilities with Great Britain, iprovided its claims as a state were still to
be rejected by congress. It does not appear, says the author, that
the threat had any effect upon that body. And why? Because congress knew that traitors never truly disclose their designs to those
whom they are betraying. The next evidence is a more detailed
account of the negotiation at the Isle an Noix. The author says,
that in the course of the consultation, Ira Allen freely declared,
that such was the extreme hatred of Vermont to the state of New
York, that rather than yield to it, they would see congress subjected to the British goverment, provided Vermont could be a distinct colony under the crown, on safe and honorable terms. He
added, that the pv-ople of Vermont were not disposed any longer
to assist in establishing a government in America, which might
subject them and their posterity to New York, whose government
was the most detested in the known world.  These, it is said,
were encouraging representations in the ears of his majesty's officers. They were so, because Allen forgot to relate the concluding part of the story-that nothing on earth could ever induce the
people of Vermont to submit either to the government of New York
or to the government of Great Britain. After a negotiation of seventeen days, an armistice was verbally agreed upon, by virtue of
which, hostilities were to cease between the British forces and the
people of Vermont until after the next session of their legislature.
It is unnecessary to examine the evidence contained in the extract any farther in detail; but the reader is requested to examine it, and if he can find any fact proved, or even stated, inconsistent with the allegation that the leading men of Vermont were
only playing a game of dissembling with the ememy, having no intention of listening to their proposals, let it be noted, and have its
due weight. It is presumed, however, that he will find nothing
of the kird, and that he will take this general view of the subject. The British authorities in the province of Canada, knowing
that for a number of years a bitter contention had existed between
the people of Vermont and the government of New York, and
knowing, also, as they undoubtedly did know, that congress had
passed a resolution, declaring that the independent government,
attempted to be established in Vermont, could derive no countenance or support from any act or resolution of congress; and
being deceived, as the British were, through the whole of the revolutionary war, in relation to the number of loyalists in the States,




Opinions of the Negotiation.          385
and having no adequate knowledge of their rebellious subjects,
they naturally compared them to a British mob; an ignorant, unstable, changeable multitude, who might be easily induced to return to their allegiance under the crown; and they had no doubt
but that the people of Vermont mightbe induced to separate themselves from the United States, and become a British colony. Entertaining these views, the two letters were written by Robinson
to Allen, proposing an armistice. Governor Chittenden, and other
leading men in Vermont, being consulted, it was concluded that
something might be made out of these letters by transmitting them
to congress, at the same time asserting the right of Vermont
to agree to a cessation of hostilities with Great Britain, calculating that congress might be induced to delay a decision in favor of
New York, lest they might drive Vermont to form a connection
with the British, especially as congress had been divided on all
questions relating to Vermont. And who will say that their calculations wholly failed as to the effect of their proceedings upon
congress? Without adverting to these proceedings, who will undertake to account for the singular, vascillating policy of congress
in relation to Vermont during the whole of the revolutionary war.
The leading men in Vermont had a still stronger inducement to
agree with the British on an armistice. Our frontiers were exposed to the enemy, who then had in the province of Canada a
disposable force of seven thousand men.  But an armistice is
agreed on by belligerents, with a view to ulterior arrangements.
To induce the British, then, to agree upon an armistice, it was
necessary on the part of Vermont to make such propositions to
them as they should think would be advantageous to themselves,
and such as might appear to be made with sincerity on the part
of Vermont. And what propositions could be made more advantageous to the British, or more natural on the part of Vermont,
than the proposition that Vermont should detach herself from
the United States and become a British province. Accordingly
this proposition was made and an armistice agreed on.'  How
natural, then, was the declaration of Ira Allen, during his negotiation with the British at the Isle au Noix. The author says,
that Allen freely declared, &c.; the word freely is evidently used
to give to the transaction a darker shade; but he might have given
the transaction a much darker shade, in his own view, had he said
that Alien declared in the most positive manner, and it would also
have been more correct. For Allen's object was to impress on the
minds of the British negotiators the strongest conviction that the'The proposition was made by the British, first to Ethan Allen and
next to Vermont's commissioners on the cartel.-Ante 59, 70, 87; post 387.
49




386             Opinions of the Negotiation.
leading men in Vermont had fully determined to detach themselves
from the United States, and join the British in the war of the revolution. And Allen was not a man to fail for want of a sufficient
degree of assurance. These observations apply to all the declartions and transactions related in the extract; and, on the ground
that it was all a game of dissembling to deceive the British, never
was a, more natural, artful and politic course pursued. But they
met with the greatest difficulty in furnishing a satisfactory excuse
to the British for their delay in bringing the business to a final
conclusion. And this was indispensable; for the moment they
were brought to this point, there must have been an end of the
armistice. And the only excuse for delay which presented itself
was, that the people of Vermont were not prepared; that time
was required to bring them over to their views. A great length
of time must have been required for this, for nothing can be more
clear, than that the leading men in Vermont never made a single
offort, even to abate the ardor of the people in the cause of their
country. Nothing of the kind was suspected at the time; no writer
since, has noticed the subject at all, nor has Mr. Stone himself
even stated anything of the kind. On the contrary, it appears
from his note at the close of the extract, that he considered that
the body of the people of Vermont remained uncorrupted and
steadfast in the cause of their country to the last. We have seen
how sensitive the people were on the subject of a negotiation with
the governor of Canada, and this as late as October, 1781.  Certain it is, then, that if any efforts had been made to abate their
ardor in the cause of their country, they had been signally unsuccessful. But all who knew Governor Chittenden, knew that he
never could have made an effort of the kind. True, he had a
commanding influence with the people, but he had acquired that
influence by his zeal in the cause of his country, and his unremitted exertions to establish the independence of the United States.
And all have admitted that he was a man of great sagacity, and
distinguished for his profound knowledge of human nature. And
surely he had some knowledge of his own Green Mountain Boys.
He knew well of what stuff they were made. Could he then ever
have thought of making tories out of such materials? No. He
never thought of making an effort of the kind. And it is believed,
that in the year 1781, there was scarcely a tory within the limits
of Vermont. What tories there were in this territory at the commencement of the war of independence, separated themselves from
the whigs in the year 1777, and joined the enemy, when they were
in possession of a part of this state. I have dwelt longer on this
part of the subject, because the reader will perceive that if I am
correct in this, the leading men of Vermont never made any effort




Opinions of the Negotiation.          387
to induce the people to abandon the cause of their country and
join the British-the question which we have been discussing is
conclusively and finally settled. For these leading men well knew
that if, by their secret negotiations, they made Vermont a British
province, without the concurrence of the people, they would negotiate themselves into perpetual exile - if fortunate enough to escape a more sumnmary punishment.
Before coming to a conclusion, I cannot but state one fact which
strikilgly marks the character of our fathers.
It appears very clearly, that through the whole of their negotiation with the British, they made not a single profession of loyalty
to the British crown, or of attachment to the British government,
or uttered an expression of dislike to our free institutions. Such
was the strength of their moral principles, and so fixed their habit
of adheri;g to the truth, that they could not at once learn how to
utter a palpable falsehood. On a full and impartial view of the
whole subject, it appears that the reader will arrive at the following conclusions  That the British authorities in Canada proposed
to the leading men in Vermont a cessation of hostilities between
the British forces and the people of Vermont, with a view to a negotiation by which Vermont should be detached from the United
States, and become a British province. The leading men in Vermont being thus invited by the British to desert their country and
join their enemies, felt themselves at liberty to accept of the proposals of the British for an armistice, and by means of deception
to continue it so long as they should find it advantageous; that
they played the game so adroitly, and deceived the British so completely, that they were enabled to continue the armistice by which
our frontiers were secured against the assaults of the enemy, until
the close of the war, to the great advantage of the United States
as well as this state. Thus, the British, undertaking to tamper
with the patriotic sons of the Green Mountains, found their match,
and were so completely duped and deceived, that their enemies
alone were benefited by the armistice. The actors on the part of
Aermont will ever be admired and applauded for their wisdom
and patriotism. And the character of Thomas Chittenden, Nathaniel Chipman and their compatriots, will pass down through
succeeding ages, to the last generations of men, as fair and untarnished as they were during their lives, and, as I trust, they appeared when called to give an account to that Being who had
been graciously pleased to crown with complete success all their
noble and patriotic exertions in the cause of their country-the
cause of liberty and the rights of man.'
Life of [Nathaniel] Chipman, 37-61.




388              Opinions of the Negotiation.
Of all who have declared opinions on this subject, JARED SPARKS
was best able to make an accurate judgment. He procured The
ffaldimand Papers, which are given in this volume; he edited the
Revolutionary. Correspondence of Washington, and thus had access
to all papers then existing, touching the suspected treachery of
Ethan Allen, the Haldimand negotiation, 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 correspondence; and finally, in his
Life of Ethan AllenI he summed up the results of his investigation. Aside from the unpublished legislative journals of Vermont,
which are now first 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 British 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 encouragement from. the circumstance,
that Congress afforded but a slender defence to the frontiers of
Vermnont, 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 army. [For letter see ante, 59.]
This letter, artful and plausible as it was, made no impression
upon the patriotism of Ethan Allen. Although written in FebruSpark's American Biography, Vol. i, 229-356.'Same, 338-349.




Opinions of the Negotiation.          389
ary' 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 Vermont, to ward off the
impending danger. Several prisoners from this 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 to 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-inchief 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 negotiation 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
definitively 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.
1 March, 30, 1780.




390             Opinions of the Negotiation.
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.  [See ante, 92.]
Shortly after receiving this second epistle, General Allen sent
them both to the Continental Congress, accompanied by one of
his own, in which he expressed 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. [See ante, 105.]
The concluding words of this paragraph may be considered as
characteristic 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 a triple partition between the adjoining States, they felt at liberty to pursue any course, that
would secure their s afety, 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




Opinions of the Negotiation.           391
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 affairs 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,' wherein the minister congratulates the commander-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 attempts; 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 Connec'icut Rivers, 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 ignorance, or wilful blindness of
that minister, in regard to American affairs, during the whole
war.2
1 Ante, 93, 140, 147.
2 On the subject of the negotiation, see Vermont State Papers, 141-156;
Thompson's Vermont, Part II, 61-67; B. H. H Hall's Eastern Vermont,
412-414, 503; HIilanc Hall's Early History, 350, 359-378, 398-402; Vermont Historical Society Collections, Vol. I, 414-469.




COMPLETENESS OF THE HALDIMAND PAPERS ON THE
NEGOTIATION.1
With a view of ascertaining whether the Ms. iHaldimand Papers,
printed in this volume, are probably complete, the following table
of the documents pertaining to the negotiation, as numbered in the
ms. volumes, has been prepared. As several of the papers are
not numbered, the editor has conjectured the order in which they
should stand, and indicated his conjectures by the figures in brackets in the column of numbers.   There are fourteen conjectural
numbers out of thirty-four numbers in all, and of these not more
than two admit of a reasonable doubt.    The correctness of the
conjectures is of no consequence; but the order of dates and numbers, so far as numbers were affixed to the original papers, when
applied to the documents not numbered, (with the exception of
those that were not sent to Haldimand till Sept., 1781,) leaves little occasion to doubt either the proper order of the documents or
the completeness of the collection.
Dates and Numbers of the Correspondence.          Page.
Interviews between Ira Allen and Gen. Haldimanc's
Commissioners, May 8-25, 1781, filed as.......... No. 1  109
Instructions from Gen. Haldimand to his Commissioners, Dec. 20, 1780...............................  No.  2  87
Queries and Answers, [not dated].................... No. 3   89
Gov. Chittenden to Gov. Clinton, Nov. 22, 1780....... [No. 4]  82
to Gov. Trumbull, Dec. 12, 1780..... No. 5      84
4'     "     to Gov. HIancock,  "      ".... No. 6       86
Ethan Allen to the President of Congress, March 9,
1781...........................................  N o.  7  104
Ira Allen to the President of Congress, March 10, 1781,
and extract of a letter from a New York member
of Congress...............[No.. 8]    106
Ira Allen's " Information of Vermont," May 11, 1781, No. 9  121
Capt. Mathews to Haldimand's Colmn'rs, May 15, 1781, No. 10  124
1The Hacclinmacnd Papers in England number some three hundred
volumes.-Ante, 3.




Completeness of the Haldimand Papers.             393
Dates and Numbers of the Correspondence.      Page.
Gen. Haldimand to Maj. Lernoult, May 17, 1781.....  No. 11   125
Capt. Mathews to Capt. Sherwood, May 21,1781...... [No. 12]  126
("              "         IMay 21,1781......  No. 13     127
Ira Allen to Maj. Lernoult, May 21, 1781............. [No. 14]  128
Reports of British Agent and A. and B. June, 1781.... No. 15  135-7
Col. Ira Allen, by Capt. Sherwood, to Maj. Lernoult,
two letters, May 22, 1781.................. [No. 16]  128-9
Commission to Vermont Delegates to Congress, July
10, 1781......................................  [No. 17]  141
Ira Allen to Gen. Haldimand, July 10, 1781........... No. 18  142
Joseph Fay   "'      Aug. 9, 1781.......... No. 19    158
Gen. Haldimand to his Comm'rs, Aug. 16, 1781....... No. 20    161
Extracts of letters from Comm'rs, Aug. 2-18, 1781...  No. 21  148
Prest. Weare to Delegates of New Hampshire in Congress,  June  20  1781............................  [No. 22]  137
Memorial of New York Delegates................. No. 23  153
Resolutions of Congress, Aug. 14, 17811.............. [No. 24]  156
Vermont Agents to Prest. of Congress, Aug. 14, 1781,1 [No. 25]  161
Proceedings of Congress, Aug. 17, 1781.............. [No. 26]  164
Agents of Vermont to Committee of Congress, Aug,
18,17811.......................................  No. 27  164
Queries of the Committee, and Answers thereto, Aug.
18,17811........................................  No. 28  165
Proceedings of Congress, Aug. 20, 17811............. [No. 29]  167
Proposals of Vermont Comm'rs Sept. 20, 1781........ [No. 30]  174
Questions to Vermont Comm'rs and their answers,
Sept. 20,  1781..................................  [N o. 31]  175
Form of Proclamation.............................. [No. 32]  181
Haldimand's Commn'rs to Capt. Mathews, Sept. 30,1781, No. 33  178
Information from Vermont, &c., Oct. 16-19, 1781.... No. 34 ~ 186,188. 190,191
It will be observed in this volume that the letters and documents
strictly belonging to the correspondence between the Vermont negotiators and Gen. Haldimand and his subordinates, are numbered
in a distinct class; as are the dispatches from the British Cabinet
to Haldimand; the dispatches of Sir Henry Clinton to Haldimand;
the dispatches of Carleton to Haldimand; and the dispatches of
Haldimand to Sir Henry Clinton, Carleton, and the Home Government.   The numbering of the papers of the Vermont negotiation ends with No. 34 above, when practically the negotiation was'All sent to Haldimand by Ira Allen in September, 1781.
50




394         Completeness of the Haldimand Papers.
closed, in October, 1781. April 22, 1782, the British Commissioners invited Vermont to resume the correspondence - (ante, 263;)
but they did not respond, and on the 28th of April, 1782, Haldimand determined that force must be used to accomplish a result
impossible by diplomacy.- (Ante, 265.)
The letters pertaining to the negotiation which are not numbered
in this class (exclusive of Haldimand's letters to Sir Henry Clinton and Gen. Carleton,) are the following:
Page.
Col. St. Leger to Gen. Haldimand, Nov. 2,1781.................. 194
British Commissioners to Gen. Haldimand, Nov. 2, 1781......... 194
Lord Geo. Germaine to Gen. Haldimand, Jan. 2,1782.............  230
British Commissioners to Ira Alien, Feb. 28, 17821.....    250
British Commissioners to Vermont Commissioners, April 22, 1782, 263
British Commissioners to Vermont Commissioners, April 30, 1782,1 267
C. [Ethan Allen] to Gen. Haldimand, June 16, 1782.............. 275
G. [Ira Allen] to Gen. Haldimand, July 11, 1782.................. 283
Gen. Haldimand to Gov. Chittenden, [cessation of hostilities]
A ug.  8, 1782............................................  290
Last letter of Gen. Haldimand to Vermont, March 25, 1783 1...... 335' Not in the Haldimand Papers.




VERMONT
AS A
SOVEREIGN AND INDEPENDENT STATE.
1788-1791,








PREFATORY NOTE.
BY the definitive treaty between Great Britain and the United
States, Sept. 3, 1783, Vermont was included within the bounda.
ries separating the independent American from British territory,
and thus the independence of Vermont was acknowledged first by
the mother country. The State had been de facto independent
from its organization; and therefore the following record, with
the other papers contained in this and the first volume of the
Historical Society Collections, covers the existence of VERMONT AS
AN INDEPENDENT AND SOVEREIGN STATE. For copies of the most
important documents, and references to others used, the editor is
indebted to HILAND HALL, the Chairman of the Printing and
Publishing Committee. These documents were gathered by Mr.
HALL in the preparation of the Early History of Vermont, and
were used in that volume so far as within its scope. Some of these
are here given in full, and extracts or statements from contemporaneous and official records have been added, whenever deemed
necessary to complete the topics of history contained in this
and the first volume of the Society's Collections.








VERMONT FROM 1788 TO 1791.
October Session of the General Assembly, 1783.
NOTWITHSTANDING the clemency authorized and offered
1783.  by the General Assembly by the act of 25th Feb., 1783,1
the pardon and release of Timothy Church by a special
act,2 and of Timothy Phelps on the 24th of June,3 the adherents to New York in Windham County were not disposed to submit to Vermont. Encouraged by the resolutions of Congress of
Dec. 5, 1782, to expect aid from that quarter, and by the advice
of Gov. Clinton, June 24, to the lately pardoned Church, to call
out his regiment and resist the execution of the Vermont laws,4
they boldly avowed their purpose to resist, and the fears and passions of the two parties in the county were so roused, that peace
and social order were at an end, and the usual avocations of the
people neglected.5 One of the first duties of the government at
the October session of the General Assembly was to meet this
exigency. Oct. 11, it was resolved that " effectual measures be
taken to quiet the present disorders in the southern part of
Windham County;" 6 and on the 22d a scheme was devised:
IN GRAND COMMITTEE: The Grand Committee, consisting of
His Excellency the Governor, the Honl. the Council, and General
Assembly, reported - that to enable the civil authority to exer-'Ante, 331. 2 Slade's State Papers, 470. 3 Council Journal, 44.'" I would advise in case of an attempt by the usurped government of
Vermont to compel obedience and submission from any persons claiming to be subjects of this State, to call out your regiment under the
militia law, and, by opposing force to force, endeavor to quell the insurrection."- Eastern Vermont, 499.'Eastern Vermont, 498-501. Early History, 428.
"Assembly Journal, 1778-1784, 490.-In Guilford the authority of Vermont was then successfully defied.




400              Vermont from 1783 to 1791.
cise their offices in the southern part of Windham county, and to
suppress an insurrection in said county, a militia force be forthwith raised, to assist the said civil authority, for the term of six
months unless sooner discharged. That it consist of one hundred
men, well officered and equipped for war. That Col. Benjamin
Wait be appointed to command said men. That their pay be as
follows per month:
Col. Wait,    ~20-0-0         Sergeant,     ~3-10-0
Major,       ~13-0-0          Corporal and
Captain,     ~10 —0-0           drum and fife, ~3- 5-0
Lieutenant,  ~ 7-0-0          Soldier,      ~3- 0-0
That the pay of the commissioned officers commence from the
time of their receiving orders, and the non-commissioned officers
and privates from  the time of their enlistment. That Genl.
Fletcher be requested to order his brigade to hold themselves in
readiness to assist in the said service. That General Fletcher,
with the advice of the officers commanding said troops, augment
or dismiss said troops as circumstances may require. That the
troops furnish themselves with arms. That the Commissary-General be directed to furnish the troops with ammunition, provisions,
and necessary allowance of spirituous liquors. That one company
of said troops be from Col. Wait's regiment, and the other company from Col. Bradley's regiment, and that the officer commanding said troops appoint the other officers. Which report being
read, was accepted, and
Ordered, that a bill be brought in thereon.
The said Grand Committee further reported - that in addition
to the measures above reported, the Captain-General give instructions to Col. Wait, and the officers commanding the troops ordered
to be raised, purporting that it is not the intention of Government
to be severe with those who have heretofore opposed, provided
they submit. That the officer commanding be instructed to give
special orders to the troops under his command not to meddle
with the persons or property of any who quietly submit to this
Government. That all those who do voluntarily submit and take
the oath of allegiance to this State before they are arrested by any
officer, shall not be prosecuted on the part of the freemen of the
State till the rising of the next session of the Legislature; and
that they engage then to pass an Act of Pardon in favor of so
many as will submit as aforesaid and petition for that purpose.
That the sense of the Committee of both Houses be taken whether
it will not be advisable for the Governor and Council to remit any
fines heretofore laid on those who have opposed the Government
in the County of Windham, provided they submit to Government
and petition for the same. That those people be further informed




October Session of the General Assembly, 1783.   401
that with respect to any losses they may have sustained by confiscation or otherwise in their opposition to this Government, their
only way of relief is to submit to Government and petition the
Legislature for a compensation.  Which report being read, was
accepted.'
An act was passed in accordance with the foregoing report.2
IN GRAND COMMITTEE: Oct. 23. Resolved, That His Excellency the Governor be and is hereby requested, as soon as may be,
to issue his Proclamation, offering a free and ample pardon for all
offenses committed against this State by any or either of those
persons in the Southern part of Windham County who have heretofore opposed the Government, and shall take an oath of allegiance before any justice of the peace within thirty days after the
promulgation of said Proclamation.3
While the General Assembly was in session at Westminster,
Charles Phelps of Windham county, who had subjected himself to
severe penalties of the law and was a chief offender, appeared at
Walpole, N. H., opposite Westminster, and sent a request for a
passport to visit the General Assembly.  On the 21st of October a
resolution was passed requesting the Governor to grant a passport,'4 under such restrictions as his excellency shall think proper;"
and on the same day the Governor complied, declaring that " liberty is hereby granted to Charles Phelps, Esq., to pass unmolested
from Walpole to said Assembly now sitting at Westminster, there
to remain during my [his] pleasure, then to return from thence to
said Walpole; and all persons in this State are to take notice
hereof and govern themselves accordingly.'94 Thus the conciliatory disposition of the Vermont authorities was tested previous to
any movement of the force against the insurgents in Guilford. A
considerable number of the adherents to New York, particularly
in Halifax, availed themselves of the offer in the Governor's Proclamation, but for the most part the adherents to New York, including Timothy Church and Charles Phelps, were emboldened by the
policy adopted by the General Assembly, and the civil and military powers were therefore vigorously and successfully used, re-'Assembly Journal, 1778-1784, 512-514.
2Slade's Vermont State Pcpers, 476.
"Assembly Journal, 1778-1784, 517.
4 Council Journal, 1781 to 1784, 52.
51




402              Vermont from 1783 to 1791.
suiting in the arrest of several of the leaders of the New York
party.'
Proposed Exclusion of Inimical _Persons.
IN COUNCIL: Oct. 21. A bill from the General Assembly was
received and read purporting a request to join a committee of
Council for the purpose of framing a bill to be enacted into a law
to prevent the return of Inimical Persons into this state: Whereupon,
Resolved, that as the Provisional Treaty of Peace stipulates that
Congress recommend to the several States to pass acts permitting
those who have gone from among them to return for a limited
time; that Congress for reasons best known to themselves have
neglected passing such recommendations; that none of the United
States have to our knowledge, since Peace took place, passed any
public act respecting the return of inimical persons; that by the
latest accounts from Europe, the comnpletion of the Definitive
Treaty was procrastinated; that for this state, considering her situation, under the disadvantage she is to have foreign intelligence,
to lead the United States in these matters appears premature:
this Council therefore are unanimously of opinion, that no act be
passed at this session respecting Inimical Perso:s. 2
IN ASSEMBLY: Oct.'22. The objections of the Council to joining a committee from this House for the purpose of forming an act
to prevent the return of Inimical Persons into this State being read:
Whereupon,
Resolved, that His Excellency the Governor be and hereby is
requested to omit giving any persons within the enemy's lines, who
have been deemed enemies to this and the United States, a permit
to return and be in any part of this state until the further order of
this House thereon.3
Election of Delegates, and Agents, to Congress.
IN ASSEMBLY: Oct. 17. Proceeded by ballot to choose Delegates to represent this State in the Congress of the United States,
when the Honl. Moses Robinson, Esqr., the Honl. Isaac Tichenor,
Esqr., the Hon. Ira Allen, Esqr., and Stephen R. Bradley, Esq.,
were duly chosen according to the constitution.4
Early History, 428-429. Eastern Vermont, 492-506.
2 Council Journal, 1781 to 1784, 51. 3Assembly Journal, 1778-1784, 515.
*Assembly Journal, 503. Sec. 10, ch. II, of the Constitution provided
that ".Delegates to represent this State in Congress shall be chosen, by
ballot, by the future General Assembly, at their first meeting, and annually, forever afterward, as long as such representation shall be necessary."
-  lade's Vt. State Papers, 248.




October Session of the General Assembly, 1783.  403
IN JOINT ASSEMBLY: Oct. 20. Proceeded with the Governor
and Council to elect Agents to attend the Congress of the United
States when the same shall be necessary, when the Hon Moses
Robinson, Isaac Tichenor, and Paul Spooner, Esqrs., were chosen.'
IN ASSEMBLY: Oct. 24. Resolved, That His Excellency the
Governor and the Honl. the Council be empowered and requested
to give Instructions,- on behalf of the freemnen of this State, to the
Agents appointed to negotiate and transact the business of this
State at the Congress of the United States, if their attendance
should be necessary before the next session of this Assembly.2
The distinction between these offices was, that the Agents were
to negotiate for the admission of the State into the Unien, and the
Delegates were to represent the State in Congress when admitted.
The notable acts of the October session, in addition to the act
for a military force to assist the civil power, were:
An act to enable Towns and Parishes to erect proper Houses
for Public Worship, and support Ministers of the Gospel, [by a
tax on the polls and rateable estate of persons living, or estates
lying, within the limits of such town or parish; persons proving
a different persuasion, or supporting the gospel by voluntary
associations, excepted.]
An act declaring a time, [May 1, 1784,] when to begin the
settlement of new lands, that has been prevented by the late war
between Great Britain and America.3
And the following, which is given in full:
An act to prevent the inhabitants of New-York being allowed
greater privileges within this State, than the inhabitants of this
State are allowed within the State of New-York.
Whereas, by an act of the Legislature of the State of New-York,
no person or persons belonging to this State, are permitted to commence any suit or action at law, within the jurisdiction of NewYork, for the obtaining of their just rights, unless they acknowledge the jurisdiction of said State, so far a.s to take an oath of allegiance to the same:
Therefore,
Be it enacted, &c., that no. person or persons, being an inhabitant or inhabitants of, or residing within the jurisdiction of the State
of New-York, shall, within the time of his, her or their residence
as aforesaid, commence any suit or suits at law, within the jurisdiction of this State, against any inhabitant or resident thereof, for any
civil matter or contract, until the Legislature of said State of New-'Assembly Journal, 1778-1784, 507. 2 Same, 519.
3 Slade's State Papers, 472, 475, 476.




404              Vermont from 1783 to 17(1.
York shall allow the inhabitants of this State full liberty to commence the like suits within their jurisdiction, and without any such
lets or hindrances.1
Adjourned Session of the General Assevmbly, -February, 1784.
An adjourned session of the General Assembly met at
1784.  Bennington on Feby. 19, and continued until the 9th of
M arch, at which several acts implying the sovereignty
and independence of the State were passed, and action had importing the re-establishment of the authority of the State over
Windhan County. Among the acts were the following:
An act against high Treason and misprision of Treason.  [Levying war against the state or government thereof, knowingly assisting or comforting its enemies, or plotting to betray the state
into the hands of an enemy, or sending intelligence for that purpose, or conspiring or attempting any invasion or insurrection,
constituted treason, the penalties of which were death and forfeiture of estate. Endeavoring to join the enemy, or induce others
to join, or concealing knowledge of any conspiracy for invasion,
insurrection, or rebellion, &c., was punishable by fine according
to the aggravation of the offense, and imprisonment not exceeding
ten years.]
An act in addition to and alteration of  an act regulating civil
actions."  [Persons living out of the state must bring suits in the
county where the defendant resided, and persons within the state
must bring justice suits in the town where the defendant resided,
or, in case of necessity, in an adjoining town.]
An act directing the form of passing Laws. [One peculiarity
even for that time, when the House had supreme legislative power,
was, that in case of disagreement between the Council and House
on amendments, both Houses were to meet "u in grand committee,
in order that the wisdom  of both Houses may be properly obtained."  Hence what was before, was then in other cases, and
has since been styled the " Joint Assembly," became the 1" Grand
Committee " on these special occasions.]
An act allowing the scales of depreciation in other States for
the settlement of dehts contracted in those States. [For the promotion of justice, and benefit of business intercourse in the other
States.]
An act to suspend the trial of the Titles of Lands for the time
therein limited.  [Until the rising of the next Assembly.]2
1Slade's State Papers, 475. 2 Same, 483, 485, 487 488,




Adjourned Session of General Assembly, Feb. 1784.  405
An act for establishing Post Offices in this State.  [Post offices
were established at Bennington, Rutland, Brattleborough, Windso'r, and Newbury, under the same regulations as then provided
by the United States. The post-rider from Bennington to Brattieborough was allowed three pence per mile travel, and the other
riders two pence, with the advantage of fees for carrying letters
and packages, and the exclusive right of carriage. The rates of
postage were the same as the U. S. rates, and the Governor had
the privilege of franking. By special resolution, the privilege of
franking was given to Steptlen R. Bradley, Nathaniel Chipman,
and Micah Townshend, commissioners for revising the laws, upon
letters on the business of their appointment.  The Postmaster
(General was Anthony Haswell of Bennington.]
An act to enable the Governor and Council to pardon certain
persons therein described. [' Any of the inhabitants of Windham county, who have heretiofore profess;ed themlelves subjects of
the State of New York."']
The insurrection in Windhaml   county had been so far suppressed, that a guard of twenty-seven men, officers included, to be
stationed at Guilford, was deemed sufficient, cand the remainder
of the troios were dismisnseld. As a precautionary measure, however, General Fletcher was authorized to call in the militia at any
time when he should judge best.2  The towns of Guilford and
Brattleborough were relieved in the payment of certain taxes, as
Halifax had been at the preceding session, and an act was passed
for taking the lists in Brattleborough and Guilford.3
Petition of the Leaders of the NewZ Yorkc Party to Got,. COhittenden.
At the opening of the session, Gov. Chittenden communicated
a large number of letters, all, with one exception (a letter from
Hon. David Howell, delegate in Congress from Rhode Island,
dated Princeton, Oct. 6, 1783), being in reference to the insurrection in Windham county. The record names
9. A letter or petition, signed by a number of men in opposition to this government, dated Brattleborough, Jan. 6, 1784,
directed to his Exceilency; and His Excellency's answer, dated
Jan. i0, 1784, directed to John Bridgman.4
S1lade's State Papers, 489, 490.
2 Assembly Journcal, Feb. Sess. 1784, [printed,] 17, 62. 3 Same, 10, 38.
4Same, Feb. Sess. 1784, 4.




406             Vermont from 1783 to 1791.
The petition was as follows:
Whereas the exigencies of the people living in sundry of the
towns on the Grants, viz., Brattleborough, Guilford, Hinsdale,
and others', demand the most serious consideration of the virtuous
citizens both of the subjects of New York anud Vermont, and a
zealous assiduity to come to some equitable and salutary measures
to prevent all kinds of severity against each other, or any hostile
measures which will finally bar the benevolent exertions of the
subscribers in their humble address to the authority of Vermont:
Therefore it is most humbly prayed and earnestly desired by
each of us, the subscribers, that the authority of Vermont would
immediately release Major Shattuck and Esquire Phelps fiom
their present imprisonment; also cease from acts of the like kind,
and restrain the troops raised and to be commanded by. Colonel
Wait, from marching for the support of the government, until the
rising of the next session of Assembly in February next, at which
session of Assembly, the subscribers, who profess themselves to be
subjects of New York, really intend by themselves or by agents
appointed for that purpose, to make application to said Assembly
of Vermont, for a general purification,: and an amicable settlement
of past misunderstandings and things which have happened between the people claiming to be subjects of New York and Vermont, upon just and equitable terms, consistent with the rights of
mankind, the constitution of Vermont, and the authority of the
United States of America.
[Signed by] John Bridgman, Samuel Knight, John Houghton,
Jonathan Hunt, William Biglow, Timothy Church, Henry Evans,
Jotham Biglow, Orlando Bridgman, Francis Prouty, Edward Carpenter, Timothy Phelps, Hezekiah Stowel, Amos Tute, Elijah
Prouty, Rutherford Hays.
Gov. ChiitUnden to John Bridyqman.
Gentlemen:-I received a request signed by you, which appeared to be designed for the consideration of the authority of
this state. Viewing it to have come only fiom those in opposition
to this government, it would not admit of an answer for many
reasons which appear obvious from the tenor and style of your
writing.  I shall, however, inform you, my friends, of my sentiments respecting the matters contained in it.  The prospects I
have had, which are well known to you, since the rising of the
Assembly, of a general submission, which was the only object of
Thus in the copy. Probably the word written was pacification.




Adjourned Session of General Assembly, Feb. 1784.      407
government, have been the only cause of the unexpected delay
of the march of the troops.
I am very certain were the Assembly now sitting they would
have no bargain to make with the people who have given us so
much trouble without any object.    I cannot say what might be
done by them    to prevent the march of Colonel Wait's troops.
This I can say, that nothing short of an immediate and universal
submission can effect it.1
Economical Contingent Expenses.
IN ASSEMBLY: Feb. 23.      Resolved, That the Constable be
directed to call on the Treasurer, and request him to furnish
this House with two quires of paper, as soon as may be.2'Eastern Vermont, 507.- B. H. Hall observed that, "terrified at the
summary manner in which the government of Vermont appeared determined to treat its opponents, a number of the most prominent adherents
of the New York party assembled at Brattleborough on the 6th of January," &c. Mr. Hall gives the 10th of February as the date of Gov. Chittenden's reply. Both the ms. and printed Assembly Journal give the
date 10th January, 1784.
2Assembly Journal, 9. The Sergeant-at-Arms at this day would regard
such a resolution as an excellent joke. But this was not all: March 9,
1784, the Assembly voted to pay Alexander Brush, for use of rooms for
Council and Assembly, fire-wood, candles, and attendance, twenty days,
at twelve shillings per day; so the cost for that session was ~12 in
addition to the stationery. Brush was to have six pounds lawful money,
and six pounds in an order on one of the collectors of the three penny
tax granted in Oct. 1783 —payable, of course, when the tax should be collected.-Assembly Journal, 61, 62. For half a century the legislators of
Vermont were quite economical. The following is the account of " the
Surveyor of the State House," (an office corresponding to the present
Sergeant-at-Arms,) for a regular session of thirty-eight days in 1825, the
original of which is in the editor's possession. The late Hon. JOSEPH
HowlE of Montpelier was the Surveyor:
STATE OF VE.RMNONT to the Surveyor of State House,     DR.
To paid Wmz. Tuthill for washing and cleaning State House, blacking  stoves, &c.......................8.00
To one day  in putting  house in  order............................  1.50
To 4 3-4 cords of wood at 7s 6d per cord........................ 5.94
To paid Campbell for moving three load.........................50
To  paid  for  broom...............................................38
To paid for 2 1-2 quarts of ink, and jug.......................... 1.08
To paid for 2 quarts of oil......................................56
To 75 lbs. candles at 14 cts..................................... 10.50




408              Vermont from 1783 to 1791.
Petitions from Williamv Shiattuek and Ciharles Phelps.
Feb. 24. A petition from William Shattuck, now in Bennington gaol, praying for pardon, &c., was read, and referred to a
committee of five, to join a committee from the Council, to take
the same under consideration, state facts, and make report of their
opinion to this House.  The members chosen, Mr. Ormsby, Mr.
Harris, Mr. Shemway [Shurnway], Mr. Lyon, and Mr. Sabin.'
Feb. 26. The committee on Wnm. Shattuck's petition brought
in their report, which was read, and, Ordered, to lie on the table
for further consideration.2
A petition, signed by Charles Phelps, now in gaol in this town
[Bennington], praying that he may be released from confinement,
&c., which was read and referred to a committee of five, to join a
committee from the Council, to take the same under consideration,
state facts, and make report. The members chosen, Mr. Walbridge, Mr. Ward, Mr. S. Knight, Mr. Moredock, and Mr. Loomis.3
Feb. 27. The [foregoing] committee brought in their report
in the words following, viz:
That said Charles Phelps be immediately discharged from his
imprisonment, and that no part of the estate of said Phelps, which
has been seized and confiscated by order of the Supreme Court,
be sold or disposed of until further orders from this Assembly.
The said report was read and accepted  and, Ordered, that a
bill be brought in accordingly.
A bill, entitled an act to discharge Phelps from imprisonment,
was read, accepted, and sent to the Governor and Council for
perusal and proposals of amendment.4
IN COUNCIL: Feb. 27. An act discharging Charles Phelps,
&c., was received and read, and on the question to concur therein
it passed in the affirmative. And the said Charles Phelps, being
admitted to a personal appearance before the Council, did volun38 days in taking care of State House, sweeping same, making fires,
lighting candles, ringing' bell, &c., [paid to Sampson Gale]... 38.00
Ink   of  V ail....................................................25
L am p   O il......................................................50
1  day  in  procuring  materials....................................  1.50
[Filed] STATE HOUSE BILL FOR 1825.           $68.71
It will be seen that the Surveyor received exactly three dollars for his
own services.'Assembly Journal, 14. 2 Same, 19. a Same, 21. 4 Same, 23, 24.




Adjourned Session of General Assembly Feb. 1784.   409
tarily take the Oath of Allegiance and Fidelity to the State of
Vermont.'
Feb. 28.  Resolved, That the State's Attorney for the County
of Windham be and he is hereby directed to suspend collecting
the Fines against the following persons until further order, viz.
Cyrel Carpenter, Edward Carpenter, Amos Yaw, jr., Shubael
Bullock, Elijah Curtis, Asaph Carpenter, Joseph Chamberlain,
and Daniel Thurber.2
Establishment of Courts in Orange County, ce.
IN ASSEMBLY: Feb. 27. A      petition, signed Jacob Bailey,
President of a Convention of the inhabitants of Orange County,
praying for county elections, law books, that the courts may be
held at Newbury, &c., &c., was read and referred to a committee
of five, to join a committee from the Council, &c. The members
chosen, Mr. Barber, Mr. Chipman, Mr. Sabin, Mr. E. Robinson,
and Mr. Walbridge.3
March 1. The Assembly sent a bill to the Council to repeal
the act of 1783, to prevent the inhabitants of New York being
allowed greater privileges within this State than the inhabitants
of this State are allowed in New York; but the Council Journal
does not indicate the concurrence or any other action of that body.4
March 4. The Committee, &c., to whom was referred the petition of Jacob Bailey, &c., reported
That an act be passed directing the inhabitants of the County
of Orange t, elect officers for said County on the last Wednesday
of September next.
1 Council Journal-, 1781 to 1784, 67. In the Assembly a proposition was
made to sell sufficient of Phelps's property to pay the costs of prosecution,
but it was rejected. On the 5th of March, however, the sale of enough
to raise ~49 13s lid, was ordered, to reimburse Joseph Tucker for time
and expenses in rescuing Oliver Waters, who had been captured by the
York party and carried a prisoner on the way to Poughkeepsie. For
this affair, in which Phelps became mixed, see Eastern Vermont, 510-513.
On the 6th of Mlarch, Phelps's library was given to the committee on
the revision of the laws, with an engagement to pay the committee for
the same if the library should be restored to Mr. Phelps.-Printed
Assembly Journal, 47, 53.
2 Council Journal, 1781 to 1784, 68.
3 Printed Assembly Journal, 24. Ante, 81, 82, 178, 274. March 8, a bill
was passed specifying the times and places for the holding of county
courts in the county of Orange.
4Printed Assembly Journal, 27.
52




410              Vermont from 1783 to 1791.
Ordered, that a bill be brought in ai  n accordingly, [and the bill
was sent to the Council the same day.']
Action implying the Independence and Sovereignty of Vermont, c.
IN COUNCIL: March 5. Resolved, That Mr. ANTHONY HASWELL be and he is hereby appointed Post Master General within
and for the State of Vermont.2
IN ASSEMBLY: March 5. The Council sent a bill entitled an
act to empower the Governor to settle A TREATY OF AMITY AND
COMMERCE WITH THE POWERS OF EUROPE; requesting that the
same might be passed into a law of this State. Which bill was
read and not accepted by the House.3
March 8. The Council sent a bill entitled an act to empower
the governor to settle A TREATY OF COMMERCE WITH THE POWERS
OF EUROPE, &c., proposing that the same may be passed into a
law.
The question being put, whether said bill should pass into a law
of this state, it passed in the negative.4
IN GRAND COMMITTEE: Upon the bill entitled an act to empower
the Governor to settle a treaty of Commerce with the powers of
Europe, &c.,
Resolved, that this Committee recommend to the Legislature to
pass the following resolution, viz:
Resolved, that his Excellency the Governor be requested to commence a correspondence with the Governor of the PROVINCE OF
QUEBEC, and endeavor to open a trade between that Province and
this State.5
This appears to have been a compromise of the preceding
propositions as to the European Powers. It was agreed to in the
Grand Committee of the House and Council; but after the Council had retired, the Assembly rejected it:
IN ASSEMBLY: Resolved, that this House do not accept of the
following recommendation of the Committee of the whole, viz:
That his Excellency the Governor be requested to commence a
correspondence with the Governor of the Province of Quebec, &c.6
March 9. Resolved, that his Excellency be requested to write
to the Governor of the Commonwealth of Massachusetts, on the
subject of the tumults in Windham County, requesting him to grant
1Printed Assembly Journzcl, 39. 2 Concil Jozrnal, 1778 to 1784, 74.
Printed Assembly Journal, 46. 4 Same, 55.' Same, 60. G  Same, 61.




Adjourned Session of General Assembly, April, 1784. 411
warrants for apprehending such inimical persons as have or may
flee from justice out of this state into that.'
The Assembly adjourned without day on the 9th, and on the
10th the Council adopted the following:
IN COUNCIL: March 10.    Resolved, that His Excellency the
Governor be and he is hereby requested to take such measures as
he shall judge best for OPENING TRADE WITH THE PROVINCE OF
QUEBEC.2
This is substantially the resolution the Assembly had rejected
on the 8th, but the Council doubtless regarded it as admissable
under Sec. 18, Part I, of the Constitution, giving the Governor and
Council power "to correspond with other States," and " prepare
such business as may appear to them necessary to lay before the
General Assembly." 3
IN COUNCIL: April 12.   Resolved, that His Excellency the
Governor be requested to call on Colonel Ebenezer Alien to
take possession of a place called Dutchman's Point as soon as the
same shall be evacuated by the British troops; and also that the
Governor write to General Haldimand on, the subject.4
William Shattuck Pardoned.
IN COUNCIL: April 12. The petition of William Shattuck, now
a prisoner in the gaol at Bennington, acquiescing in the Justice of
his sentence to Banishment by the Honl. the Supreme Court of this
State in Sept. 1782, and praying for Pardon, being received and
read:
Resolved, that the said William Shattuck be and he is hereby
pardoned, released, and indemnified from the said sentence of Court
so far.as it relates to his Banishment and Confiscation of Estate.
And that the Sheriff of the county of Bennington be and is hereby
directed to release the said William Shattuck from his confinement
on condition that he pay unto the said Sheriff ~25 lawful money,
1Vermont had delivered to Massachusetts an offender against the peace
of that State, and could fairly ask for a return of the courtesy. In fact,
however, some of the Vermonters had encroached upon Massachusetts in
the pursuit of their enemies, and it was politic as well as neighborly to
arrange the matter.-Ante, 322. Eastern Vermont, 511-513, 518-519,
529-533. Early History, 430. Printed Assembly Jozurnal, 62.' Council Journal, 1778 to 17S4, 77.
Slacle's State Papers, 250.
4Council Jourinal, 1778 to 1784, 78.




412             Vermont from 1783 to 1791.
costs of prosecution, or give sufficient security to the Treasurer
of said State, payable within one year from this date, and pay and
satisfy unto Mr. Nathan Fay, keeper of said gaol, for the expense
of keeping said prisoner his just demands. And further that he
the said William Shuttuck enter into Bonds of One Hundred
Pounds Lawful Money with Sufficient Sureties to the Treasurer of
this State that he do not enter or presume to go into the County
of Windham without Liberty therefor, first had and obtained from
this Council.'
For a detailed account of the last insurrectionary movements in
Windham County, the reader is again referred to B. H. Hall's
Eastern Vermont, 500-540.  A very painful incident in it was
the death of Daniel Spicer, a citizen of Massachusetts, who lost
his life by being associated with one of the York party. Gov.
Chittenden reported the facts to Gov. Hancock of Massachusetts,
who, on the 26th of March, by request of the General Court, issued a proclamation, warning the citizens of Massachusetts against
intermeddling with the controversy, or taking any part in it, or
favoring either of the parties to it, closing with these words:
And all the citizens and inhabitants of this commonwealth are
absolutely and most solemnly forbidden to take arms in support
of, or engaging in the service, or contributing to the conquest,
success, or defense of either of the said parties, as they will answer
it at their peril.
This document had an important and favorable influence, and
under the act of Vermont, giving to the Governor and Council
power to pardon the insurgents and their abettors, numerous applications were made and pardons granted, and many, who had
been most noted as " violent Yorkers," submitted to the authority
of Vermont as quiet citizens. With this restoration of peace, new
life was infused into the society of Windham county, and better
sentiments pervaded the whole State.2
The Vermont Question in Congress, 1784.
Feb. 2. James Duane, then chairman of a committee of the Senate of New York, reported instructions to the delegates in Congress, respecting the rights of New York to " the district of country commonly called the New Hampshire Grants," in which it was
declared that the State of New York "' is in the disagreeable situ1 ouncil Journal, 1778 to 1784, 78. 2 Easterln Vermont, 532-534.




The Vermont Question in Congress, 1784.      413
ation of having hostilities commenced against her citizens, but that
if she must recur to force for the preservation of her lawful authority, the impartial world will pronounce that none of the bloodshed, disorder, or dissention, which may ensue, can be imputable
to this legislature," which conceived themselves " to be urgently
pressed by the great duty of self-preservation to prepare for the
worst," and that if Congress unnecessarily delayed a decision of
the controversy, it would " be considered as a denial of justice."
On the 13th a committee of the Assembly reported: " That upon
the whole it is the opinion of the Committee, that the most decided
measures ought to be pursued, without loss of time, as well for
the protection of our said suffering citizens [the insurgents against
Vermont in Windham county,] as for the peace and tranquility
of the said district. That therefore Congress ought to be earnestly pressed to determine the controversy;" and to remove all
uneasiness about the right of soil in claimants, the lands which
they hold within the lines of the towns settled by them, should be
confirmed to them, " although they may be comprehended within
the bounds of patents of prior date, under the seal of New York;"
and " that this concession should be fully guaranteed to the said
claimants by the United States in Congress assembled."  Both
reports were agreed to, March 2, as instructions to the delegates
of New York in Congress. On the 27th of March, Gov. Clinton
communicated to the Legislature sundry letters giving accounts
of "' the disagreeable situation " to which many of the adherents
to New York in Cumberland [Windham] county had been reduced; and these, with the instructions, were sent to the New
York delegates in Congress.'
Intelligence of this action having been received by Gov. Chittenden, he called a special session of the Council, at which the
following resolution was adopted:
IN COUNCIL: April 12, 1784. Resolved, that His Excellency
the Governor be requested to address His Excellency the President of Congress on the subject of the proceedings of the Senate
and Assembly of the State of New York of late with respect to a
decision of the Controversy relative to the jurisdiction of this State.2
1 EaCrly HIistory, 432. Eastern IVermont, 522-525, 534.
2 CoucilT Journal, 1778 to 1784, 78.




414              Vermnont from 1783 to 1791.
April 24. Messrs. DeWitt and Paine presented to Congress a
written statement of the claims and demands of New York, in
compliance with the instructions of the Legislature, which was referred to a committee consisting of Jacob Read of South Carolina,
Roger Sherman of Connecticut, William Ellery of Rhode Island,
Samuel Hardy of Virginia, and John Beatty of New Jersey.'
Through the forecaste of the Governor and Council, this movement of New York in Congress was promptly met by the following sharp and strong letter:
Gov. Cihittenden to the President of Congress.2
STATE OF VERMONT, ARLINGTON, April 26, 1784.
Sir: With that respect for congress which the citizens of this
state have ever maintained, I beg leave to transmit to your excellency the sentiments of the council of this state, on the late proceedings of the senate and assembly of the state of New York
respecting this state, that your excellency may lay the same before
congress, for their consideration.
On the 21st of October, 1779, the legislature of the. state of
New York passed a special law empowering congress to hear and
determine the controversy between that state and this, not upon
the principles of the confederation, but according to equity; and
on the 7th and 20th of August, 1781, congress proposed preliminaries of a settlement of the said controversy, to this state, which
were accepted and fully complied with by the legislature of this
state at their session in February, 1782.
The legislature of the state of New York, in the November preceeding (1781,) had spiritedly remonstrated against the preliminary settlement of congress aforesaid, an extract of which remonstrance is as folluws:
" L.esolved, That in case of any attempt of congress to carry
into execution their said acts of the 7th and 20th 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 said act of submission of this state, and against
the clear letter and spirit of the second, third, ninth and eleventh
articles of confederation, and a manifest infringement of the same,
and do therefore hereby solemnly protest against the same."
Bat of late it appears, the senate and assembly of the state of
New York are again urging congress to decide their controversy
with this state. It seems they are willing congress should settle
the dispute as they have a mind, but not otherwise.
1E(irly Iistory, 433.  Satme, 433.




The Vermont Question in Congress, 1784.      415
It appears from the late journal of the senate of the state of
New York, "That the delegates be further instructed to press
congress for a decision in the long protracted controversy respecting the right of this state to the district commonly called the New
Hampshire Grants;" and further, "' But that if she must recur to
force for the preservation of her lawful authority, the impartial
world will pronounce that none of the bloodshed, disorder or disunion which may ensue, can be imputable to this legislature." As
to this bloody proposition, the council of this state have only to
remark, that Vermont does not wish to enter into a war with the
state of New York, but that she will act on the defensive, and expect that congress and the twelve states will observe a strict neutrality, and let the two contending states settle their own controversy.
As to the allegation of the state of New York against the conduct of this state in bringing a few malcontents to justice and obedience to government, whom they have inspired with sedition, I
have only to observe that this matter has been managed by the
wisdom of the legislature of this state, who consider themselves
herein amenable to no earthly tribunal.
Before I conclude this letter I beg leave to remind your excellency that it appears to the council of this state improper that the
states of New York and New Hampshire, who are competitors for
the jurisdiction thereof, should vote in congress on any motion which
respects Vermont, and also contrary to the express resolution of
congress of the 24th of September, 1779, in the words following:
"And. that neither of the said states shall vote on any question
relative to the decision thereof;" that is, relative to the independence of Vermont; although it appears from the journals of congress
that those claiming states have ever since voted on all matters in
which the interest of this state has been concerned.
Sir: I conclude this letter with the satisfaction of reminding
congress that this state is still desirous of a confederation with the
United States.   I have the honor to be, etc.,
THOMAS CHITTENDEN.
His Excellency, the President of Congress.
Report of the Committee of Congress for the admission of Vermont
into the Union, May 29, 1784.
The committee to whom had been referred the claims and demands of New York and the reply of Governor Chittenden, on
the 29th of May made the following report, which is entered at
length on the journal of that body of tile 3d of June, 1784. It




416              Vermont fronm 1783 to 1791.
is the latest proceeding which is found on the journal of the old
Congress relative to Vermont, and it remained unacted upon by
that body at the close of the confederation. It is understood that
the report embodied the views of a majority of the states at that
time, but that it could not command the votes of the requisite
number, to wit, nine of the thirteen states.'
The committee, consisting of Mr. Reed, Mr. Sherman, Mr.
Ellery, Mr. Hardy and Mr. Partridge,2 to whom was referred the
representation of the delegates from the state of New York, respecting the controversy between the said state and the people
inhabiting the territory called the New H-Ialpshire Grants, made
in pursuance of express instructions from the legislature of the
said state, urging the necessity of an immediate decision of the
said controversy, with sundry affidavits and other papers acconmpanyiDng the same, having carefully examined the papers, and the
files and proceedings of Congress, respecting the said controversy,
and maturely considered the case, report thereon as follows:
That by a a ct of Congress of the 7th of August, 1781, reciting that the states of New Hampshire and New York had 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 said territory, and had been
heard thereon, and that the people aforesaid did claim and exercise the powers of a sovereign independent state, and had requested to be admitted into the federal union of these states: It
was among other things 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 I-Iampshire 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
1Eastern Vermont, 535; Ecarly History of Vt., 432-435; Commlittee
Book and original papers in the State Department at Washington.
2 George Partridge of Massachusetts seems to have been appointed on
the committee in place of Mr. Beatty of New Jersey.




The Vermont Question in Congress, 1784.     417
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
HIampshire and New York, to be present at the conference aforesaid."
And on the 8th day of the said August, a committee was
accordingly appointed, who afterwards had a conference with
Jonas Fay, Ira Allen and Bezaleel Woodward, agents appointed
by the authority of the people inhabiting the said territory called
the New Hampshire Grants, to repair to Congress, and to propose
and receive from them, terms of a union with the United States.
That the committee appointed as aforesaid having made their
report, Congress on the 20th day of August, 1781, came to the
following resolution:' It being the fixed purpose of Congress to adhere to the guarantee to the states of New Hampslhire and New York, contained
in the resolutions 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 relinquish all
demands of lands or jurisdiction on the east side of the west bank
of Connecticut river, and on the west side of a line beginning at
the northwest corner of the state of Massachusetts, thence running twenty miles east of Hudson's river, so far as the said river
runs northeasterly 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 45 degrees north,
excepting a neck of land between Missiskoy Bay and the waters
of lake Champlain."
Which resolution was agreed to by nine states.
That on the 19th of October, 1781, the Assembly of Vermont,
taking into their consideration the aforesaid act of Congress,.Resolved, That they could not comply with it, without destroying
the harmony then subsisting in that state, and a violation of a solemn compact entered into by articles of union, &c., as appears on
the journal of Congress of the 4th of April, 1782.
That afterwards, on the 22nd of February, 1782, the people
inhabiting the said territory called Vermont, by their representatives in general assembly, in compliance with the aforesaid act of
Congress, then remaining unaltered and unrepealed, came to the
following resolution, to wit:
" Resolved, That the west bank of Connecticut river, and a
53




418             Vermont from 1783 to 1791.
line beginning at the northwest corner of the commonwealth of
Massachusetts, from thence northward 20 miles east of Hudson's
river, as specified in the resolutions 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 demands to and jurisdiction in and over any and every district of
territory without said boundary lines."
And afterwards, in the said month of February, 1782, the said
general assembly appointed Moses Robinson, Paul Spooner, Isaac
Tichenor and Jonas Fay, esqrs. agents, with plenary powers, on
behalf of the people of the said district, to negotiate and agree
on terms for their admission into confederation with these United
States; and upon such admission to represent the said state of
Vermont in Congress:
And it being now represented by the state of New York, that
great danger and distress will arise from a further delay of the
decision of the said controversy; and the people of Vermont having complied as aforesaid with the terms prescribed by Congress,
as a preliminary to the recognition of their independence, your
committee submit the following resolves:
Resolved, That the district of territory lying on the west side
of Connecticut river, called Vermont, within the limits and boundaries described in the act of congress of the 20th of August, 1781,
and the people inhabiting the same, be, and they are hereby recognized and declared to be a free, sovereign and independent
state, by the name of the state of Vermont. That the said state
of Vermont, being within the limits of the United States, shall be
considered a part of the confederacy, on the same principles as
the new states, who shall have established permanent governments
agreeably to the act of congress of the 23d of April last, until it
shall accede to the articles of confederation and be admitted into
the federal union of these states.
Resolved, That Congress adhere to the guarantee to the states
of New Hampshire and New York, agreeably to the resolutions
of the 7th and 20th day of August, 1781; and if it shall appear,
on running the line between the states of New York and Vermont, that the latter hath made any encroachments on the territory of the former, the same shall be immediately removed.
Your committee further report, with respect to the matters
alleged by the delegates of New York, concerning the sufferings
of individuals by banishment and confiscation of property, and the
disorders and violences that have happened in consequence of the
opposite and interfering jurisdictions exercised by the state of
New York and the government of Vermont, over the same persons within the said district; that the several letters and papers




Ethan Allen's Defense of Vermont Policy.     419
from the governor of New York and the people of Vermont, relative to those matters, have been heretofore committed, and no
report hath been made thereon; your committee are therefore of
opinion, that if Congress should judge it expedient to take any
further order respecting those matters, it will be proper again to
commit those papers.
June 3, the New York delegates proposed to take up this report, but only two States voted for it —New York and New
JHampshire. This closes the record of the protracted and troublesome controversy in the old Congress.'
Defense of the Policy of Vermont in the Controversy with New
Yorc, and the Haldimand Negotiation.2
The following letter, published in the Vermont Gazette, [Bennington,] Nov. 18,1784, though out of the chronological order, is
a fit closing of the transactions of Vermont with the Continental
Congress, as well as a defense of the Haldimand negotiation. It
was written and published by ETHAN ALLEN, on the request of
Governor Chittenden, in connectioa with the preceding letter
of the Governor to the President of Congress. It is dated in the
manuscript copy " November 30th, 1784," but the true date probably was Oct. 30, as the letter was printed on the 18th of November. The manuscript contains several errors made by the copyist.
To THE PUBLIC.
In pursuance of special directions from His Excellency Governor Chittenden, I am to cause the following letter, addressed to
His Excellency the President of Congress, to be communicated to
the public through the channel of the Vermont G-azette, for the
satisfaction of their anxiety. It is the last transaction of this
State with Congress, to which letter there has been no answer
returned.  I have further to observe, that a few months past the
delegates of New York in Congress presented a memorial that
they [congress] would make a resolution [decision] respecting
the independency of Vermont.  Upon which Congress appointed
a committee, which have reported that Vermont ought to be an
independent State, but that it should be procrastinated until some
Southern State should likewise be created, and until the conditions of the admission of this State into the federal union of the
United State should be agreed on. This is the last doings of Con-'Early HTistory, 435, 436. " Ethan ARlien M~s. Papers, 389.




420              Vermont from  1783 to 1791.
gress respecting this State that has come to hand, ecxcept that the
delegates of the State of New York urged Congress to take up
and act on their said committee's report, which they [congress]
negatived.
It is undoubtedly the wisdom and good policy of republican
governments to inform their citizens of the management and circumstances of their political matters so far as their opponent
States or other adversaries may not take advantage of it. This
then should be the criterion of the promulgation of public policy,
for it is injurious to the public good to expose the cabinet counsels so that enemies may avail themselves of such advantages.
This maxim has ever been duly adhered to by the leading gentlemen of this State,v which has given occasion to some to censure
those gentlemen in public triust, though they have at the same time
strenuously acted agreeable to the best good of the community.
The short of the matter is, that indiscriminate publication of state
policy defeats itself and annihilates its own existence.
I would by no means debar the populace of talking and plotting in politics, for this would deprive them of a great share of
their happiness and importance; but I would not have them
complain of their benefactors nor alter the measures of their superiors.  The Foreign Policy of this Government has been de)monstrated to be good in the final consequence [result] of it, and
the State is in good and respectable condition at present. It only
remains that our courts of equity and law do impartial justice,
and that our citizens support the honor and dignity of our laws
and unitedly combine to support our liberty and independency.
From the Public's most obedient and humble servant,
ETHAN ALLEN.
On reading Gen. Ethan Allen's an'imadversions on the proceedings
of the Senate of New York against Vermont.
By T. ROWLEY, Esq.2
May Allen live to use the quill,
While York in envy reigns,
With ready mind and active will
T' expose their wicked plans.
May all contagion flee away,
And at a distance stand;
1The phrase used in the Haldirmald negotiation to denote those who
were engaged in or cognizant of it; and here it has the samle application.
2 Ethan A7len 3Ms. Papers, 425.




October Session of General Assembly, 1784.    421
No hypochondrics plague his mind,
Nor palsy shake his hand,
Till nature's great diurnal wheel
Some future day rolls on,
When all the Yorkers' courage fail,
And all their hopes are gone.
Then may our ALLEN have repose,
Before his days shall cease,
And sing and see his labours close
And leave Vermont in peace.
October Session of the General Assembly, 1784.
The General Assembly met at Rutland, Oct. 14, and on the
15th the record is:
His Excellency the Governor made a speechl" to the Council
and House; after which he laid the following papers before the
H-ouse, in their order, viz:
A copy of a letter signed by his Excellency, dated Bennington,
March 10, 1784, directed to his Excellency John Hancock, Esq.
An attested copy of a petition, signed by Abigail Spicer, Jabez
Spicer, Asher Spicer, Roger Spicer, and Jonathan Spicer, to the
hon. Senate and H-ouse of Representatives of the Commonwealth
of Massachusetts, assembled at General Court at Boston, dated
March, 1784 —[on the death of Daniel Spicer]. Likewise a
copy of the proceedings of the General Court of Massachusetts,
of the 25th of March, 1784. Also a letter signed by his Excellency John Hancock, Esq., dated March 30, 1784, directed to his
Excellency the Governor, with a proclamation of his Excellency
John Hancock, Esq., Governor of the Commonwealth of Massachusetts, dated the 26th of March, 1784, were read.
Also a copy of a letter signed by his Excellency the Governor,
directed to his Excellency Frederick Haldimand, Governor of
Canada, &c., dated April 15, 1784. Also, a copy of one other letter
from his Excellency, directed as aforesaid, dated July 12, 1784.
And a copy of one other letter signed by his Excellency,
directed to his Excellency the President of Congress, were read.''Note on the Assem)bly Journ'al.- " The speech was delivered to a committee to prepare an answer, who never made a report nor returned the
speech."
The conmmittee appointed to prepare an address, in answer to the Governor's speech, consisted of Stephen it. Bradley, Thomas Tolnan, and
Isaac Tiehenor.'Assembly Journal, Oct. 1784 and June 1785, [printed,] 6.




422             Vermont from 1783 to 1791.
Reprisals on the Property of Citizens of NVew York.
Oct. 18. Micah Townshend presented a petition setting forth
that he had been arrested in the State of New York, in an action
of trespass, by Seth Smith, solely for officiating in his duty as
clerk of the county court of Windham county, and praying the
interference of the General Assembly and indemnity. The case
was examined, and resulted in "' an act appointing Commissioners
to make reprisal in a case therein named," which authorized the
Commissioners " to make seizure of so much of the lands owned
by any one or more of the subjects of the State of New York,
lying within this State, as will raise the sum of one thousand five
hundred pounds, lawful money, in specie, when sold at public
venduie."
The General Assenmbly as a Court in (ases of Bankruptcy.
Thomas Chandler, by petition, set forth his willingness to deliver up the whole of hlis estate to his creditors, bona fide, and
prayed for an act' to enable his creditors to share a dividend of
his estate, and he be relieved from the fears of going into a lonesome prison," and it was
Ordered, that the petitioner cite his creditors to give reasons
why the prayer of said petition should not be granted.
At the June session the creditors were cited to appear and an
act was passed discharging Chandler from imprisonment on deliving up his property.2
Final Proceedings in the Case of Charles Phelps.
Oct. 23. Mr. Phelps prayed for a full pardon, and a reversion
of the sentence of the Supreme Court. On the 26th the committee reported:
That said Charles Phelps, Esq., has been meritorious in his
former opposition to the government of New York's granting
lands, &c., and opposing the people in Cumberland County uniting
1Printed Assembly Journal, 13, 29. Slade's State Papers, 491.
2Assembly Journal, Oct. 1784, 15, June 1785, 17, 43, and Slade's State
Papers, 497. See Sees. 21 and 25, Part I, of the Constitution, in blade's
State Paper8s, 251, 252.




October Session of General Assembly, 1784.    423
and associating with New York; and that he has been very serviceable to his country by procuring and selling, without profit
to himself, a quantity of arms, ammunition, and salt; we also find
that said Phelps has been for a number of years past, exceedingly
obstinate against, and troublesome to, this government; and that
he has had sentence of imprisonment and confiscation of all his
estate both real and personal, passed against him by the Supreme
Court of this State, for treason; however, your Committee would
recommend him as a fit object of mercy, on account of his former
merit, his advanced age, and the bad circumstances of his family;
and submit it as their opinion, that he have all his former estate,
both real and personal, returned to him, (except what has been
disposed of by the public,) on his paying ~35 lawful money to
the State towards defraying the extraordinary cost this government have been at on account of the exertions against government
by him and his late associates.
The result was, "an act pardoning Charles Phelps, Esq., of
Marlborough, in the county of Windham, and restoring to him
all his estate, real and personal."  The act required Phelps
to discharge two notes by Oliver Waters, given when he was a
prisoner to the York party, amounting to about ~21, but which
were to be endorsed on the ~35 note to be given by Phelps.'
Other Acts of Clemency.
Oct. 25, two petitions were presented, "' signed by a number of
the late disaffected inhabitants in the southerly part of Windham
County."  Six of the petitioners were under bonds for trial on
charges made against them, but asked for pardon, and to be received as citizens of the State. In response to these petitions the
Assembly passed " an act granting to the several persons therein
named a free pardon for the several crimes herein described."
The act embraced seven citizens of Brattleborough, eighteen of
Guilford, and one of Marlborough -in all, twenty-six.2'Printed Assembly Journaml, 28, 33, 35, 40; Slace's State Papers, 494.
Phelps remained in sentiment devoted to New York, and dated his last
will at " New Mlarlborough, in the county of Cumberland acnd State of New
Yor7k." He died in April, 1789, in the seventy-third year of his age.Eastern Vermont, 537, 679-689,
2 Printed Assembly Journal, 29, 42, 44, 55; Slade's State Papers, 495;
Eastern Vermont, 536.




424             Vermont from 1783 to 1791.
IN COUNCIL: Oct. 27. On the petition of Edward Carpenter,
Asaph Carpenter, and Cyrryl [Carpenter,] Resolved, tlhat the
fines of the above named three persons, imposed on them by the
Supreme Court of this State, be and is hereby remitted.l
The General Assembly as a GCurt of Chancery.
STATE OF VERMONT,      I
Rutland, October 21, 1784. 
The Court of Equity or Chancery, consisting of his Excellency
the Governor, the Hlonorable the Council and General Assembly,
met agreeable to their adjournment of the 28thl of February last,
to hear and determine the dispute between the proprietors of Wilmington and the proprietors of Draper.
After hearing the petition and evidences in behalf of the proprietors of Wilmington, the Court adjourned until to-morrow
morning at eight o'clock.
On the 22d, Mr. Knight moved for a continuance and a committee to visit Wilmington, alias Draper, and inquire into the matter
of the dispute.
It being moved in Court, that the Council and Assembly vote
separately on the question for commitment, the question being put
to the Council, it passed in the affirmative, and was negatived by
the General Assembly.
The Court adjourned to the 26th, and no person appearing for
Draper, the Court ordered and awarded judgment in favor of the
proprietors of Wilmington. The decree is set forth in full on the
journal.
Mr. Knight, in behalf of the proprietors of Draper, moved for
a review in the case, &c. The Court do therefore
Order, That a review be granted accordingly; and that they
will then hear the matter in dispute, and finally determine the
same.         (Signed)           ROSWELL HOPKINS, Clerk.2
Election of Agents and Delegates to Gongress.
THURSDAY, Oct. 28, 1784.
Agreeable to order, proceeded to choose by joint ballot of Governor, Council, and Assembly, three Agents to attend Congress,
1Council Journal, Vol. n, 143.
~Printed Assembly Journal, 35-37. These proceedings were under
the second and third sections of an act of 1779, which were repealed in
1786.-Slade's'Vermont State Papers, 394, 505.




October Session of General Assembly, 1784.    425
to transact and negotiate the business of this State with that body.
The ballots being taken and sorted, the Honorable Moses Robinson, Ira Allen, and Nathaniel Niles, Esquires, were elected.
Agreeable to order, the General Assembly proceeded to choose
three Delegates to [represent this State in] Congress. The ballots being sorted and counted, the Honorable Moses Robinson, Ira
Allen, and Nathaniel Niles, Esquires, were elected.'
Free Trade with Canada, and through Canada with Europe.
This subject was again considered, in the two Houses separately and in joint assembly, with the following result:
An act for the purpose of opening a free trade to and through
the province of Quebec.
Whereas, many advantages will arise to the citizens of this
State, by extending commerce to the province of Quebec, and
through that channel to Europe: Therefore,
Be it enacted, &c., that the Governor and Council be, and
they are hereby authorized and empowered, to appoint one or
more persons, not exceeding three, to repair to the province of
Quebec, with full power to confer with any person, or persons,
that may be authorized therefor, by any power with whom it
shall be necessary to agree, concerning matters of trade and
commerce; and to transact with such person, or persons, all
such matters and business as shall be necessary to complete,
on the part of this state, the opening a free trade into, and
through, said province of Quebec.2
IN COUNCIL: Oct. 29. Resolved, that three agents be appointed
to transact the necessary business of opening a free Trade to foreign Powers, through the Province of Quebec, agreeable to an act
of the Legislature of this State passed this day, entitled " an act
for the purpose of opening a free Trade to and from [through] the
Province of Quebec;" and that the Honbl. Ira Allen, Esq., Major
Joseph Fay, and the Honbl. Jonas Fay, Esq., be and hereby are
appointed Agents or Commissioners for the purpose aforesaid.3'Assembly Journal, 1778-1784, 635; and printed Journal, 45.
2Printed Journal, 41, 43, 44, 49, 51; and Slade's State Pac2ers, 496.
The Governor and Council submitted two propositions, one for "free
trade and commerce with the Province of Quebec upon Terms of Reciprocity;'" and the other of obtaining leave to pass by water "to said Province with their [our] lumber, and to Barter or Exchange Commodities
upon Terms reciprocal with foreign Powers."- Council Journal, Vol. Ii,
142, 143.
Same, 145. 3 Council Journal, Vol. II, 150.
54




426              Vermont from 1783 to 1791.
June Session of the General Assembly, 1785.
1785.   The General Assembly met at Norwich, pursuant to
June 2. previous adjournment.  On the 3d, the Governor was
requested to inform the House what had been done under the act
for Free Trade to and through the Province of Quebec; on the
6th, the Speaker, by order of the House, communicated this request, and on the same day the Governor replied, informing the
House of the appointment of Agents, of the mission of Ira Allen,
and that on the 8th Mr. Allen would make his report.  On that
day, accordingly, the following report was submitted to the House,
from which it will be seen that he was to some degree successful;
and moreover that he had instituted a negotiation with Great
Britain, through the Lieut. Governor (then acting Governor) of
the Province of Quebec:'
Report on the Mission to the Province of Quebec.
Agreeable to the order of the day, the Honorable Ira Allen,
Esq., made the following report of his proceedings on his commission to the Province of Quebec, &c., viz.
To the Honorable the General Assembly now convened at Norwich.
To your message of the 6th instant, I have the pleasure to return
the following answer, viz. That in pursuance to appointment and
commission for the purpose of negotiating and establishing, on the
part of this State, a free trade to and through the Province of
Quebec, to Europe, I waited on his Honor Lieutenant-Governor
Hamilton, in the city of Quebec, in the month of March last,
where I was politely received by the Governor and members of
the Legislative Council of said Province. I laid before the Governor a duplicate of my commission, together with a copy of an
act of the Legislature on said subject. The Governor convened
the Council; and, after deliberation, informed me, that the powers vested in them were not competent to the establishing a treaty
of commerce; but showed a willingness to do any thing that might
be consistent, to facilitate such treaty. I wrote an address to the
Governor on the subject, which, together with the act of the Legislature, and duplicate of my commission, was sent to his Majesty.
Sundry letters were wrote and sent to correspondents in London
on the subject. I expect to be informed by writing from Quebec'Assembly PTounall, June 1.785, 6, 10, 11,16.




June Session of General Assembly, 1785.       427
of the returns from London.  In the mean time the produce and
manufactures of this State are admitted into the Province of Quebec, and the produce, manufactures, and merchandize, of the Province of Quebec and Great Britain, are admitted into this State;
peltry excepted, which being contraband, are forfeited if detected;
as also many other articles of foreign growth and manufactures,
if attempted to be carried in, and detected, from this way. A
moderate fee is payable to the Custom-House Officer at St. John's,
for the trouble of examining and clearing our boats.
I have the honour to be, with due respect,
your most obedient humble servant,
(Signed)              IRA ALLEN.
Norwich, June 7, 1785.
Which being read, a motion was made by Mr. Knight; whereupon,
Resolved, That the Honorable Ira Allen, Esq. be requested to
lay before this House, at the opening of the House to-morrow
morning, an account of his expences, and days in service, in negotiating the business of his appointment, as a Commissioner, for
the purpose of negotiating a free trade, on the part of this State,
to the Province of Quebec, and through the same to Europe.
Ordered, That Mr. Barlow wait on the Honorable Ira Allen,
Esq. with the aforesaid resolution; and likewise request him personally, as Surveyor-General, to make report of his proceedings
therein; likewise the expenses that have accrued in surveying.
On the 9th, Mr. Tichenor asked and obtained leave to bring in
a bill to repeal the act under which the foregoing negotiation had
been instituted; which was introduced on the 13th, accepted, and
sent to the Council for perusal and proposals of amnedment. On
the 17th the bill was returned to the House, with an adverse
opinion by the Council, when, after some debate, it was referred
to the next session.'
Coining of Money Authorized.
June 10. Reuben Harmon jr. prayed for leave to coin a quantity of copper, and on the 15th the prayer was granted by the passage of an act.2
1 Assembly Journal, June Sess., 21, 29, 40.
"Assembly Journal, 26, 30, 36.- See exhaustive paper on this subject,
by Rev. EDMUND F. SLAFTER, A. M., in Vt. Historical Society Collections, Vol. I, 289-318.




428              Vermont from 1783 to 1791.
Prescription for disappointed Offee-Seekers.
IN COUNCIL: June 9th. On taking into consideration the allegations, &c., exhibited against Mr. Ebenezer West's being commissioned as a justice of the peace, Resolved, that the Council are
of opinion that there is nothing appears sufficient to bar him from
a right to receive a commission, yet considering the very unhappy
dissensions among the inhabitants of the town [Vershire] the
Council judge that it will not be for the peace and prosperity of
the town for any one to be commissioned at present.'
Trials on Impeachment.
On petition from inhabitants of Springfield, John Barrett, Esq.,
a justice of the peace for the county of Windsor, was impeached
by the Assembly, tried by the Governor and Council, and found
guilty, and thereupon it was ordered and decreed that he be suspended from the exercise of' the office.  Mr. Barrett asked for a
review, but the Council refused to grant it without order from the
Assembly; which Mr. B. subsequently procured. Oct. 24, Col.
Barrett was again convicted, suspended for six months, and required to pay the costs of prosecution-~l11 s19.2 At the same
session, Matthew Lyon was impeached, for refusing to deliver the
records of the court of confiscation to the Council of Censors.
Mr. Lyon was convicted, and ordered to deliver the record. He
was also sentenced to a reprimand, and to a fine of ~500 on his
neglect to appear. He appeared, the sentence was read, and
then, on Mr. Lyon's request, a new trial was granted.3 The case
seems not to have been tried again.
October Session of the General Assembly, 1785.
The General Assembly met at the town house in Windsor, October 13. There having been no choice of Treasurer by the people,
Ira Allen was elected by ballot in joint assembly on the 14th.4
Duty on Nails proposed and dismissed.
IN ASSEMBLY: Oct. 17. A petition signed by Matthew Lyon,
praying that a duty of two pence pr. pound might be laid, on all
1Council Journal, Vol. II, 165. Mr. West was commissioned in 1786.
2 Same, Vol. II, 167-178, 182, 187, 206, 223, 239. 3Same, 203-205.
lIs. Assembly Journal, Vol. iI, 498, 499.




October Session of General Assembly, 1785.    429
nails brought into this State, which would be a sufficient encouragement for him to build a slitting-mill, was read and dismissed.'
Oct. 14, Lyon had petitioned that broken cannon, mortars, &c.,
at Mount Independence might be sold to him, to be used in making bar iron, and on the 18th an act for that purpose was passed.2
Oct. 18, Moses, Robinson, Ira Allen, and Stephen R. Bradley
were elected Agents to Congress by joint ballot of both Houses.
No election of Delegates appears to have been made.
Wilmington vs. Draper disposed of.
Oct. 24. The proprietors of Draper, by their attornies Mr.
Knight and Mr. Bradley, plead to the jurisdiction of the court.
The question being put whether this Court will take any further
cognizance of the bill or petition, it passed in the negative.3
IN COUNCIL: Oct. 26.   Resolved, that it is the sense of the
Council that unless the House of Assembly shall recede from their
last determination in the cause between Wilmington and Draper,
the Governor, Council, and General Assembly, in capacity of a
Court of Equity, can take no further cognizance of said cause, as
the Council are of the opinion, that the House of Assembly have
the same right now to Dismiss the said cause, as they had at first
to determine they had a right to Take Cognizance of the same.4
Proposed Naturalization of a Citizen of New Hampshire.
Oct. 26. A bill was brought in entitled "' an act to naturalize
Solomon Willard, late of Winchester in the county of Cheshire
and State of New Hampshire, Esq., and granting him the freedom
of the State of Vermont."
This bill does not again appear on the journal, but on the 7th
of March, 1787, by the second section of " an act establishing the
Constitution of VERMONT, and for determining who are entitled to
the Privileges of the Constitution and Laws," all subjects of the
United States were equally entitled to the privileges of law arnd
justice with the citizens of this State.5'Assembly Journal, Vol. II, 519. Lyon on another occasion asked for
the exclusive right, for the term of eighteen years, of splitting bar-iron
into nail-rods, which was not granted. Here are germs of the protective
policy afterwards adopted by Congress in tariffs and patent laws.
Assembly Jour., 500, 525. 3 Same, 537. 4 Cozmcil Jouranal, vol. I, 229.
5Ms. Assembly Journal, Vol. II, 538; and Pamphlet Acts, February
and March, 1787, 31. This," act establishing the Constitution" was reported by the committee on revision, embracing certainly two very distinguished lawyers - Nathaniel Ghipmlan and Stephen R. Bradley.-See
note, ante 277, and 000.




430              Vermont from 1783 to 1791.
The three acts of special importance were:
An act for settling disputes respecting landed property.-[At
that time called " the quieting act."]
An act directing what money shall be legal currency in this
State, and at what rate the same shall pass.'
The Betterment, or Quieting, Act.
The peculiar circumstances of real property in Vermont, owing
not only to the conflict in grants of New Hampshire, New York,
and Vermont, but also to conflicting Vermont grants in some instances, created great anxiety among the persons in possession,
who were in danger of ejectment, and for several sessions persistent efforts had been made to'provide a remedy.  At the March
session, 1784, a bill for this purpose had been prepared, and,
on the recommendation of both Houses in      Joint Assembly,
it was deferred, according to the constitution, to the next session,
and ordered to be printed for the information of the people, and
the act was passed suspending suits on law titles.' At the succeeding sessions,- October 1784, and June 1785,-this subject
was first in the order of business, but the bill was defeated in
the first named session by twelve votes, and in the last on a tie
vote.2  Daniel Chipman gave to Gov. Chittenden the credit for
originating this measure, declaring that
"He was precisely the man to devise the best mode of relief.
He had a strong sense of equity, and deeply sympathized with the
unfortunate settlers. And what peculiarly fitted him for this occasion was, that he knew nothing of the technical niceties of the
law.   He therefore found nothing in the way, nothing to prevent him from pursuing that course which was dictated by the
Slade's Vt. State Papers, 500-503. Vt. Hist. Coll., Vol. I, 295.
2 Assembly Journal, 1778-1784, 569. Sec. 14, Part II, of the constitution
provided that "all bills of a public nature shall be first laid before the
Governor and Council for their perusal and proposals of amendment, and
shall be printed for the consideration of the people, before they are read
in the General Assembly, for the last time of debate and amendment;
except temporary acts, which, after being laid before the Governor and
Council, may (in' case of sudden necessity) be passed into laws; and no
other shall be passed into laws, until the next session of assembly."-Slade's
State Papers,. 249.'Assembly Jouernals, [printed,] Oct. Sess.'84, 26; June Sess.'85, 12.




October Session of General Assembly, 1785.   431
principles of natural justice."  "He therefore proposed a law,
giving to the settler, in case of eviction, the full value of his improvements, and half the rise of the land. A bill to this effect,
had been introduced several sessions before, but being opposed
by almost all the lawyers in the State, it was postponed to the
October session of the Legislature at Rutland, in 1784. The law,
they said, makes every man a trespasser who enters on the land
of another without license, and subjects him to damages; instead
of this, you would compel the legal owner to pay him a bounty
for his trespass.. The bill was taken up again at this session,
when Nathaniel Chipman was a member. But although there was
a majority in favor of the principles," " yet they were not able to
agree on the details of the bill. No wonder, for it was a new
case.  They could avail themselves of no precedent; they could
resort to no form. Not being able to pass the bill at this session,
and feeling a pressing necessity of passing it as soon as possible, the legislature had an adjourned session at Norwich, in June,
1785, that they might have time to mature and pass the bill, afterwards called the quieting act. The bill was taken up at the
adjourned session and referred to a committee, of which Nathaniel
Chipman was a member.' When the bill came into his hands, he
revised it in such a manner, that it passed the house by a decided
majority. His strong sense of justice, and his comprehensive and
discriminating mind, enabled him as a legislator to adapt the law
to any new state of things with the same ease with which, in the
administration of justice, he applied the principles of law to new
cases when they occurred, in such manner as to do perfect justice
between the parties. Thus a law was passed by the legislature
of Vermont, perfectly novel in its character, yet so clearly founded
on the principles of natural justice, that it has always been in
great favor with the people of this state, and several of our sister
states, availing themselves of our invention and our experience,
have adopted the same system." 2
Council of Censors.
The first Council met at Norwich in June, 1785, at Windsor in
September following, and at Bennington in February, 1786, and
1 The editor does not find Mr. Chipman named on the committee in
the journals, either in 1784 or 1785, but Gov. Chittenden was, and lihe
would be apt to require the most valuable services of Judge Chipman.
2 Life of Nathaniel Chipmcan, 63-65.-Mr. Chipman was not accurate in
this matter, having probably written from memory many years after the
event. Oct. 19, 1785, a remonstrance on this subject was referred by the




432               Vermont from 1783 to 1791.
revised the entire Constitution.  A prominent feature in the journal of the General Assembly, Oct. session, 1785, is the record of
sixteen resolutions recommending the repeal or alteration of statutes, and of the acquiescence of the Assembly in nearly all of
these recommendations.' The Council also instituted the impeachment of Matthew Lyon, hereinbefore noticed, by a resolution requesting the Assembly to impeach him.  This last fact is stated in
Slade's record, in a note at p. 530.
OBSTACLES IN CONGRESS TO THE RECOGNITION OF VERMONT.
In 1785 movements had been made for forming three new
states, besides Vermont, in the territory claimed by some of the
original thirteen: Kentucky, from Virginia; Franklin [now Tennessee], fiom North Carolina; and Maine, from Massachusetts.
Congress was embarrassed by the claim on the one side of the old
states that, by the third article of confederation, any countenance
to these movements was forbidden,2 and on the other by the necesHouse to Mr. Ormsby, Mr. Marsh, Mr. Wells, Mr. Weld, and Mr.
Loomis; on the 25th their report was referred to Messrs. Wait, Olin,
Marsh, Loomis, and Knowlton, who on the 27th " brought in said act as
it was inserted in a newspaper, witl some additions, &c., which was read,
accepted, and sent up for concurrence." [Ms. Assembly JourZal, Vol. iI,
529, 535, 542.] The Council concurred on the same day. —Same, 543.
Thus in the official history of this statute, Nathaniel Chipman appears
as an opponent only. It is quite probable that the bill as' published in
the newspaper," was Judge Chipman's, and that thus he was really entitled to the credit claimed for him by his brother.  On the yeas and
nays, Oct. 1784, and June 1785, Judge Chipmlan voted against the bill
-- undoubtedly for the want of amendments subsequently made. As
the measure of relief in the act is tlat proposed by gov. Chittenden,
tlhe amendments must have been to the machinery of the act only; so
this was in fact a notable triumph of the governor's " strong sense of
equity" over the special pleading of " almost all the lawyers of the
State " in his day. The act has proved to be a lasting monument to the
wisdom and justice of Chittenden.'For proceedings of the Council of Censors, see Slade's State Papers,
511-544.
2 By this article the thirteen States bound "themselves to assist each
other, against all force offered to, or attack made. upon thel, or any of'
them, on account of religion, sovereignty, trade, or any other pretence
whatever."- The Constitution, by W. Hickey, 484.




October Ses.sion of General Assembly, 1785.   483
sity of respecting the wishes and interests of large bodies of people, and the future prosperity and harmony of the nation. Hence
earnest attempts were made to devise a scheme for the settlement
of a question that was fraught with danger. This served to defer
the favorable decision which a majority of congress were ready
to make as to Vermont. The following, from documents, copies
of which were commlunicated to Vermont at the time, elucidates
this matter.
Congress and its Committee on Districts of States claining Independence.- 1785-1786.'
October 12, 1785. Congress passed a resolution as follows:
The delegates from Massachusetts and Virginia having withdrawn
their motion of the 7th instant, on motion of the delegates of said
States,
Resolved, That a grand committee be appointed to report what
measures are proper for Congress to adopt, to prevent the ill consequences of a particular district of any State setting up and
claiming the right of independent government, without the consent
of said State and of the United States.2
The following account of the proceedings of this committee is
found among the papers used by Mr. Slade in compiling his volume of State Papers.
Last October a large committee was appointed by Congress to
take into consideration what rule of conduct it might be proper
for the United States to adopt in regard to those districts of territory which were claimed by any of the States, the inhabitants of
which had assumed or might in future assume the rights and
powers of independent sovereignties.
The committee was composed of the Hon. Mr. Long from New
Hampshire, Mr. Gerry fiom Massachusetts, Mr. Ellery from Rhode
Island, Mr. Cook from Connecticut, Mr. Smith from New York,
Mr. Stewart from New Jersey, Mr. Gardner from Pennsylvania,
Mr. Vining from Delaware, Mr. Hindman from Maryland, Mr.
Hardy from Virginia,3 Mr. McKean from South Carolina.
The following plan was drawn up and laid before the committee by Mr. Gerry, viz:
1 Designed by WILLIAI SLADE for the Termont State Papers, but not
printed.
2Jour. Cong. Oct. 12, 1785.- See also Journal of the 7th and 31st Oct.' Mr. Hardy died Oct. 17,1785.- See Joum' of Cong. of that date, p. 600.
55




434              Vermont from 1783 to 1791.
6 Whereas by the third article of the confederation the States
have severally entered into a firm league of friendship with each
other for their common defence, the security of their liberties, and
their mutual and general welfare, binding themselves to assist
each other against all force opposed to, or attacks made upon
them or any of them, on account of religion, sovereignty, trade,
or any pretence whatever:
" And whereas a separation of any district from a State having a
right to exercise constitutional jurisdiction over such district,
unless by the consent of the State and of the United States, would
be a violation of and have a tendency to subvert the fundamental
principles of the Union: therefore' Resolved, That Congress highly disapprove of all meetings,
combinations, and other measures not authorized by the States
respectively in the first instance, and also by the United States,
for the purpose of separating any district or territory from a State
having a right to exercise constitutional jurisdiction over the
same, and Congress consider themselves bound, on the application
of any State for that purpose, to support, where necessary, such
State in the due execution of the laws thereof, for preventing
such separation, until it shall be made in a mode that may be
adopted by the States in Congress assembled, and ratified by the
several States in the Union."
The committee did not agree to the preceding draught, and
accordingly it was not reported; in consequence of which a subcommittee being appointed out of the general committee, the plan
which succeeds was drawn up by a member and laid before them,
as follows, viz:'
" Whereas, from the local circumstances of a State in the course
of human events it may become expedient for it to permit a district or part thereof to separate from it, and set up an independent
jurisdiction; and it may also become expedient that the United
States in Congress assembled should consent to such separation
and admit such district into the present federal Union:'" And whereas the United States in Congress assembled are not
authorized by the confederation to admit the independency of and
receive into its federal union a District or part of a State, which
may separate and set up an independent jurisdiction as aforesaidl:
"Resolved, Therefore, that it be recommended to the legislatures
of the several States to authorize nine of the original States in
Congress aforesaid to admit into the federal Union a district or
1 This plan is substantially the samne that was proposed to Congress by
the delegates froml Rbode Island, Oct. 7, 1785.-See Jourtnall of that date,
p. 596-7.




Schemes in Congress, 1785-1786.         435
part of a State, which, with the consent of the State to which said
district belonged, and the consent of nine of the original States,
shall have separated from the parent State and erected an independent jurisdiction."
The foregoing being not agreed to, was not reported to Congress, upon which the third plan was drawn up and laid before
the committee, to be adopted as their report to Congress. It was
in the following words:
" Whereas, for the happiness of mankind, and from the local
circumstances of a state, it may in the course of human events
become expedient that a State should permit a district or part
thereof to separate therefrom, and become an independent jurisdiction; and it may also become expedient that the United States
in Congress assembled should consent to such separation, and
admit such district to the rank- of an independent State, and to be
a member of the federal Union:
i Therefore, Resolved, that it be recommended to the legislatures of the several States to authorize the United States in Congress assembled to admit a district or districts in any State to
separate and become an independent State on the following terms:
1st. That the extent of the district shall not be less than
miles long and     miles wide.
2d. That the original State shall consent to such separation
by an express act of their legislature; providing that if the United States in Congress assembled shall not, by the vote of nine
States of the original States, think it expedient to admit such
district into the federal Union, that they shall return to the jurisdiction of the original State.
3d. That their government shall be republican.
4th  That they shall be subject to pay a part of the federal
debt contracted or to be contracted, to be apportioned on them by
Congress by the same rule by which apportionments shall be made
on the other States.
5th. That they shall be subject to the articles of confederation, ordinances and resolutions of Congress made or to be made.
6th. That they shall forever remain a part of the confederacy
of the United States of America.
" And whereas a separation on any other terms would be highly
derogatory to the dignity of the Union:
Resolved, That the United States in Congress assembled hold
themselves bound, on the application of any State, to support
them when necessary, in their jurisdictional rights over every
part of the said States according to the third article of the confederation."
The committee did not agree to this last plan. However, there




436              Vermont from 1783 to 1791.
might probably have been a majority to recommend adopting it by
Congress were it not for the final clause. No report has been
made to Congress, and thus the matter has lain till this time; no
effort being made, and probably will not be made, from the present situation of affairs, against the exertions of those districts
which have assumed independent sovereignties.
The preceding minutes and propositions, which were laid before
the committee and sub-committee, are by no means to be made
public.
New York, May 27, 1786.
With the foregoing paper, Mr. SLADE delivered to the state a
few letters and other documents, dated in 1787, 1788, and 1789,
which will be used in chronological order. The following belongs
in this place.
Hon. William Samuel Johnson to Gov. Chittenden.'
NEW YORK, 18th October 1785.
Sir:-I beg leave to mention to you, that the Bearer Mr. Kelly,
and all the gentlemen of New York, who have Patents under the
late Province of New York for Lands in Vermont, which had not
been previously Granted by New Hampshire, exerted themselves
extremely last Winter to serve the people of Vermont and obtain
their Independe nece; For this purpose they presented a Petition to
the assembly of this state, praying that they would pass a Law to
enable their Delegates in Congress to Apply for and Consent to
the Sovereignty and Independence of Vermont. In consequence
of which a Bill was brought into the House of Assembly to that
effect, a Certified Copy of which you have here enclosed.2
Mr. Kelly has laid before me a Letter of Instructions and power
of Attorney from the Gentlemen who presented the said Petition,
1WILLIAM SAMUEL JOHNSON, LL.D., agent in England for Connecticut in 1765, when he assisted the Vermont agent, Samuel Robinson.Vt. Hist. Coll., vol. i, 4, 275, 342. Mr. Johnson was a delegate in congress when this letter was written; a member of the convention which
formed the constitution of the United States, also of the first U. S. Senate; and president of Columbia (N. Y.) college from 1792 to 1800. He
died in 1819, aged 92.
Several of the most prominent men in New York were favorable to
Vermont: Gouverneur Morris as early as 1778, Gen. Schuyler in 1781,
and John Jay and Alexander Hamilton subsequently. Of course the
names of many wealthy and influential men were appended to tie petition above referred to. A like petition will be given hereafter,




Win. Samuel Johnson to Gov. Chittenden.      437
directing him to offer their Lands to the persons now residing
thereon upon such Terms, as upon the best Examination I have
been able to give the Subject, appear to me reasonable and Just.
I am induced therefore to request that you will recommend a Compromise to those Settlers; for if they should not avail themselves
of this favorable opportunity of Securing an indisputable title to
their Farms, the New York proprietors will probably er'e long
raise the price of said lands, which they alledge they had lotted
out antecedent to the late War, and actually sold some parts
thereof to persons who Settled thereon, and who in some instances
executed Bonds and Mortgages for the Consideration Money, and
in others entered into written Agreements for the purchase of
them, and yet afterwards took Grants from Vermont for the same
Lands.
Be assured Sir these Sentiments are dictated by the principles
of Humanity and friendship for the Settlers, and a sincere desire
to prevent expensive and ruinous Controversies which so litigated
a Subject may occasion to both parties.'
Give me leave to mention upon this occasion, that I should be
extremely happy in an opportunity to renew our former acquaintance & friendship, & to converse with you, or any of your Friends,
upon the general affairs of your State as relative to the United
States, which have lately been the subject of much conversation
here. I have the Honour to be with great respect & esteem
YI Excely. most obedient humble Servant
WI' SAMI. JOHNSON.
His Excelly Thos Chittenden Esq)
Relief by New York to its adherents in Ciumberland [ Windhamn]
County.
1786.   The following petition and accompanying statement
Feb. 24, 28. were presented to the Senate of New York, in behalf
of the petitioners and " the Vermont sufferers:"
To his Excellency the Governor and the Honourable the Legislature of the State of New York, the Petition of the Subscribers,
in behalf of themselves and others most Humbly Sheweth,
That your Petitioners and those they represent are Inhabitants
of Cumberland County and by their attachment, zeal and activity
in Endeavouring to support the Just and Lawfull Authority of
New York Incurred a Displeasure from those who stiled themAs a literal copy of this letter has been attempted, it should be noted
that thus far it was written by a secretary; the remainder was by Dr.
Johnsoii.




438               Vermont from   1783 to 1791.
selves Freemen of Vermont, But by encouragement from the several Resolutions of Congress and Particularly that of the fifth of
December 1782, and the laws and Resolutions of the state of New
York, your Petitioners were induced to believe that the Lawless
and ungratefull usurpers would be brought to submitt to its Lawfull authority, or at least to permitt your Petitioners to remain
peaceably on their Farms, under the Jurisdiction of New York,
But notwithstanding the Resolutions and Laws, these Lawless
usurpers, raised in Arms to the Number of four or five Hundred,
Drove some of your Petitioners from their habitations, Imprisoned
others, killed one, and wounded others, confiscated their Estates
and sold their Effects.
Your Petitioners cannot but hope that having thus sacrificed
their all, suffered such exquisite Tortures, Banishments, Imprisonments in loathsom    Gaols, half starved, and threatened    with
being put to Ignominious Deaths, But, that your Honours will
take their case into your most serious Consideration, and grant
them  some relief in their Deplorable Situation, and your Petitioners as in duty bound will ever be good Citizens of the State
of New York.                           TIMOTHY CHURCH, Col0.,
WM. SHATTUCK, Majr.,
New York, 24tI'Feb'y 1786.          HENRY EVANS, Majr.,
A List of the Civil and Military QOficers
In the County of Cumberland who were Commissioned by the
State of New York, and who have been either Imprisoned
Banished or have had their Efects taken fromn them       by the
Authority of Vermont and also the amount of' their losses,
Estimated by a Committee on Oath.
Civil Officers.    Military Officers.  Nnimber of Amount of Damages
Privates.   Sustained.
Timothy Phelps Sheriff,  Timothy Church, Colo.
Elijlah irouty,      Win. Shattuck, Matjr.
Samluel Bigby,       Henry Evans, do
Daul. Shepleardson, Justices Joseph Peck Capti.
of Peace.            Thos. Baker  do
Joseph Ellet  do      Upward of  Sixteen Thousand
Danl. Ashcraft do    one hundred. Six Hundred and
Artoemas How  do                Sixty-three pounds
Win. White  Lieut.              Thirteen Shillings
Elilh Root  do                  and Eight pence.
Isaac Wells  do
Danl. Danilson do
John Alexander, Lieut.
Francis Proughty, do
Isaac Crosby  do
Jonathan Alexander Ensign
Simion Terrel   do
David Lamb      do
Joshua Russ     do
Ruben Church   do
Joel Bigeloe Adjutant.
We and each of us do most Solemnly and Sincerely Swear and
Declare in the presence of Almighty God, that the above is to
Docmzentary History of New York, Vol. IV, 1014.




Relief of Adherents to New York.         439
the best of our Knowledge and belief a Just and True account
of the names and numbers of officers Both Civil & Military the
numbers of Privates as nearly as can be ascertained, and the
amount of the Damages.
TIMOTHY CHURCH,
WaM. SHATTUCK,
HENRY EVANS.
Sworn the 28th day of Feby 1786 before
JNO. HOW HOBART.'
In answer to this petition, both houses of the New York legislature resolved to " make provision for granting to Col. Timothy
Church, Major William Shattuck, Major Henry Evans, and about
one hundred other Persons whom they represent, a quantity of
Vacant Lands equal to a Township of Eight Miles Square."  On
the 5th of May a tract was appropriated for the purpose, at the
junction of the Unadilla and East branch of the Susquehannah
rivers, in what is now [1871] Chenango county.2 The town was
first named " Clinton," then " Jericho," and is now " Bainbridge."
For the list of persons to whom the land was allotted, see Early
History, 757-760.
On the 12th of Dec., 1786, Col. Eleazer Patterson, Samuel
Knight, Benj. Butterfield, John Sergeant, and Josiah Arms, in
behalf of themselves and twenty-three others, signed a petition to
Gov. Clinton, wherein they declared that they had been " uniformly loyal to the State of New York, Supported the rights and
Interests thereof having not only frequently risqued their Lives
but expended large sums of money, and Lost an abundance of
time in Defence of the said State, in consequence of which many
of your Petitioners were imprisoned and others dispoiled of Property to a considerable amount, by the Vermonters."  They admitted that when " totally abandoned [by New York] to the fury
of their enemies," " rather than be deprived of their whole Property they were obliged to submit to the usurpation of the Government of Vermont."  They professed to admire the constitution
and revere the rulers of New York, and prayed for a patent of
wild land. This petition was referred to a committee, who reported" that in their opinion as there are no vouchers to support
Docutrmentary History of New York, Vol. Iv, 1015.'Same, 1016-1020.




440             Termont from 1783 to 1791.
the facts alleged in the said petition the prayer thereof ought not
to be granted."'
The Constitution revised and amended- First Constitutional
Convention.
On the last Tuesday in June the first Constitutional Convention met in the meeting-house in Manchester;2 and organized
by the appointment of MOSES ROBINSON, President, and ELIJAH
PAINE, Secretary, both of whom were United States Senators
in 1795-6-a fact which is here mentioned because it goes to
show that it was then deemed most fit by the people to commit the
Constitution to the care of the ablest and best men of the State.
On the 4th of July the Constitution, revised and amended, was
adopted by the Convention. It was prefixed, as " the Constitution established," to the pamphlet laws passed by the Legislature
in February and March, 1787, pages 5-18. In the Constitution
as revised by the first Council of Censors, &c., published in
Slade's State Papers, the original declaration of the reasons for'
declaring the State independent and organizing government was
omitted. Whether it was omitted by the Council also, the editor
is not certain, but the manuscript journal of the Council shows no
resolution or vote recommending its omission, and the Constitutional Convention did not omit it, but published it as a part of the
revised Constitution.3
October Session of the General Assembly of Vermont, 1786.
The House Journal does not name the town where the General
Assembly met, but the journal of the (overnor and Council is
dated " Rutland, 12th October, 1786."  There having been no
election of Treasurer by the people, SAMUEL MATTOCKS was
elected in Joint Assembly to succeed Ira Allen, who had been
Treasurer from the organization of the State.
IN COUNCIL: Oct. 25. An execution issued against John Barrett, Esq., for ~27.12.8, cost of his suit of Impeachment, signed
by order of Council.4'Documentary History of.New York, Vol. Iv, 1020-1022.
2 Slade's Vt. State Papers, 531.
3For the original Constitution see Slade's Vt. State Papers, 241-255;
and for the revised Constitution of July 4, 1786, see Statutes of the State
of Vermont, passed Feb. and March, 1787, 5-18.
4 Council Journal, Vol. II, 278. For both trials.




October Session of General Assembly, 1.786.   441
Commercial Treaty with Canada and Great Britain.
Oct. 26.  On motion of the Hon. Ira Allen, Esqr., respecting
A COMMERCIAL TREATY WITH THE PROVINCES OF CANADA AND
GREAT BRITAIN, requesting that Mr. Levi Allen be appointed in
lieu of Joseph Fay, resigned, therefore Resolved, that Mr. Levi
Allen be and he is hereby appointed in lieu of said Joseph, and
that Levi Allen's name be entered in said Commission for that
purpose.'
A Temporary Treasurer, and dearth of Paper.
IN ASSEMBLY: Oct. 14. Resolved, that Col~. Ira Allen be requested to open and continue the office of Treasurer during the
present Session, and that he be requested to forward an express,
at the expense of the State, for the necessary paper.2
Oct. 25. Mr. Allen moved for leave to bring in a bill to prevent persons in kcingdoms or governments from collecting debts in
this State where the inhabitants of this State cannot recover by
law their just debts.  Ordered, that he have leave, &c.3
Notice to Creditors of the State.
Oct. 26.  Resolved, that the Clerk of this Assembly publish in
both the newspapers, [at Bennington and Windsor,] for six weeks
successively, notifying all persons who have any demands against
this State to present the same for approbation to this Legislature
at their next Session, or that they be forever barred from the same.4
Paper Currency Rejected.
Oct. 27.  The question being put whether a paper currency
shall be emitted, it passed in the negative.5
Election of Agents to Congress.
Oct. 30.  Proceeded by joint ballot of Governor, Council, and
assembly to choose Agents to Congress. The ballots being taken,
the ionble. Moses Robinson, Ira Allen, and Isaac Tichenor,
Esquires, were elected.6
Friction in the Machinery of Legislation.
IN COUNCIL: Oct. 31st. An act to oblige the fulfillment of contracts having passed the House was read in Council and disapproved.7
1 Council Journal, Vol. II, 274. 2 Assembly Journal, Vol. III, 9.
3Assembly Journal, Vol. III, 53. 4 Same, 57.  Same, 60. G Same, 69.
7 Council Journal, Vol. II, 279.
56




442              Vermont from 1783 to 1791.
On the House Journal of the same day, the message of the
Council set forth the resolution in full, disapproving the bill and
proposing, with some particularity, a substitute: when the question was put to the House on the passage of the bill " into a law
of this State, it passed in the affirmative."
IN ASSEMBLY: Oct. 31.     The following resolution was sent
from Council:
"IN COUNCIL, 31 Octr., 1786. The Council being informed
that their proposals of amendment on the bill entitled an act to
compel the fulfillment of contracts has not been attended to, but the
bill passed into the law-they therefore propose that said bill be
returned to the Council for revision and concurrence.
"Per order,          JOSEPH FAY, See'y."
Which being read, the question was put, whether this House
will send back the bill requested, and the yeas and nays required.
They are as follows: [names omitted; ayes 24, noes 30;] so it
passed in the negative, and
Resolved, that, in the opinion of this House, the said bill was
returned to this House without any proposals of amendment by
the honorable Counoil, and therefore that the said bill was constitutionally passed into a law; and that Mr. Marvin be directed to
acquaint the honorable Council therewith.'
The most important acts of this session were:
An act to make such articles a tender upon execution, to the
inhabitants of either of the United States, as are, by their respective laws, a tender upon execution.
An act for prolonging the time in which the grantees of lands,
granted by this State, are obliged to settle the same.  [Three
years after the lines of the town had been run by order of the
Legislature.]
1Assembly Journal, Vol. III, 71-73.
In Parliamentary law, ozw certainly, a substitute for a bill, by striking
out all after the enacting clause and inserting another entirely different,
is " an amendment." The Council in this case proposed a substitute in
sufficiently distinct terms to be practically an amendment, and yet pro
forma it was not one. The question was of little importance then, as the
House ultimately controlled all bills; and nozo it is an impossible question, since each House, if it disapproves a bill, must either reject it or
concur with formal amendments. The incident is recorded here merely
as a novelty is legislationo




October Session of General Assembly, 1786.    443
An act to repeal part of " an act constituting the Superior
Court, a Court of Equity," &c. [So much as made the General
Assembly a Court of Equity.]
An act to prevent the sale and transportation of negroes and
mulattoes out of this State.
An act defining and limiting the jurisdiction of Justice Courts,
&c. [Criminal actions where the fine was within forty shillings,
and the corporal punishment not exceeding ten stripes; and
civil cases where the matter in demand did not exceed four pounds;
with details as to forms and modes of proceeding.]
An act to compel fulfillment of Contracts according to the intent
of the parties.  [If by the contract the debt was payable in
specific articles, these articles would discharge the debt, although
not tendered, or taken on execution, until after the time named in
the contract had expired.]'
Gov. Chittenden had in August issued an address to the people
of Vermont, for the purpose of allaying discontent and encouraging expectations of legislative relief. For this the governor was
assailed by ribaldry too indecent for the newspapers in later days,
his address being treated as merely an electioneering effort. The
time warranted the suspicion, but the address nevertheless showed
much wisdom and shrewdness. It advised patience, industry and
economy, and a disuse of foreign and increase of domestic productions; discouraged litigation; suggested a small emission of paper
money, and a transfer of taxes from productions of the farm to
lawsuits; and promised relief measures at the next session of the
assembly.2  The abovenamed acts redeemed the governor's pledge.
There had been presented to the general assembly " eight petitions
of grievance, &c.," coming from different towns; and it will be
seen that the act on the fulfillment of contracts, with several other
propositions for relief, were referred to a vote of the people.
Attempts to break up the Courts.
Notwithstanding these relief acts, the people in some portions
of the State were dissatisfied, and determined that the laws for
Slade's Vt. State Papers, 504-509.
2 Vermont Gazette, Aug. 28, 1786. The reply to the governor was published in a Gazette Extraordinary, Aug. 31. The Gazette of Oct. 16 announced that " His Excellency Thomnas Chittenden Esqr. was by a respectable majority of the freemen re-elected."




444             Vermont from 1783 to 1791.
collection of debts should not be enforced. The court of common
pleas was to sit in Windsor on the 31st of October. On that day
thirty armed men met at Windsor to break up the court, but were
persuaded to desist. Nevertheless, November 14th, they were
indicted and fined; the leader, Robert Morrison of Hartland, in
the sum of ~10 and costs of suit, and the others in less amounts.
A mob was immediately raised to rescue Morrison, and on the
16th the court directed the sheriff to procure assistance and arrest
the insurgents, and on the 17th the sheriff and Col. Benjamin
Wait arrested twenty-seven of the offenders and committed them
to jail. In anticipation of rebellion, a force of six hundred men
was gathered at Windsor, commanded by brig. gen. Peter Olcott.
The insurgents collected a hundred men at Hartland, but being
satisfied that the government was too strong for them, they dispersed.:' At Rutland, in November following, the same scenes
were enacted. On the morning of the 21st, a committee, pretending to have an appointment from the people, waited on the court
and requested it to adjourn without day, and the court replied
that after a call of the docket the request would be considered.
On the opening of the court in the afternoon, a mob of a hundred
men, headed by col. Lee, entered the court room and threatened
the court for not adjourning without day, according to the request
made; on which the court adjourned to the next morning. The
mob then refused to let the court depart, and called for arms,
which were immediately furnished. After keeping the court imprisoned awhile, they released them, and in the evening a committee of the insurgents again insisted upon an adjournment without day,'" but were informed that it could not be complied with
-that not only their oath and duty, but the honor and dignity of
the government obliged them to proceed in the necessary business
of the court." The irritated mob then took possession of the
court-house and sent for reinforcements; but in the mean time
cols. Clark and Pearl, and lieut. col. Spafford called out the
militia in sufficient force to protect the court.2
lEastern Vermont, 548-551.
2 Thompson's Vermont, Part II, 80, 81; Vermont Gazette, Nov. 27 and
Dec. 11, 1786.




February Session of General Assembly, 1787.    445
1787.   Win. Sam'l Johnson again wrote to gov. Chittenden,
Feb. 14. by Mr. Kelly, commending Mr. Kelly to him for a conference, specially in reference to lands reserved for the propagation of the gospel.
February Session of the General Assembly, 1787.
By adjournment, the General Assembly met at Bennington on
the 15th of February, principally to act on bills reported by the
committee to revise the laws.
Feb. 16, the governor laid before the House a letter from the
Hion. Wm. Smith, Esq., dated Quebec, Dec. 9th, 1786; also a
letter from John Kelly, Esq.; also a letter from Levi Allen, one
of the commissioners for negotiating a free trade to and.through
the Province of Quebec, with his proceedings agreeable to his
appointment; which were read and referred to committees.' It
appears from the journal of the Council, Vol. II, 287, that Lord
Dorchester2 returned Allen's commission, "for regulating trade
and commerce," and that judge Smith's letter was in reference to'" his lands in this State, with a stating of the same by John Kelly,
Esqr."
Feb. 17, Royal Tyler, commissioner from maj. gen. Lincoln,
requested the assistance of Vermont in apprehending certain
insurgents and rebels against the authority of Massachusetts (in
the Shays rebellion), which was referred, and the prayer of the
petition was subsequently granted.  The committee on judge
Smith's letter reported
That his Excellency, by advice of his Council, be requested to
answer the several matters specially mentioned in Mr. Smith's
letter, and in particular to assure him that this government have
in all their official transactions inviolably adhered to the articles
of treaty which he refers to.3
On the 20th, Isaac Tichenor and Joseph Fay were appointed to
draft a letter in reply to Judge Smith.
Friends of Termont in the West Union rewarded.
Feb. 21, the committee to whom had been referred a petition
of Col. Benjamin Randall and fifty-five others, presented on the'Assembly Journal, Vol. III, 81.
3 Sir Guy Carleton had become Lord Dorchester.
3 Council Journal, Vol. II, 292.




446             Vermont from 1783 to 1791.
17th - " praying for compensation for the damages they sustained
for their influence and zeal in adding the Western Union to this
State," &c.- reported that the prayer should be so far granted,
if vacant land be found, as to give them a charter for a town six
miles square, " under such restrictions, reservations, and for just
fees, as shall be directed by the Governor and Council, at such
time as they shall judge proper." 
Propositions submitted to the People.
Feb. 23, the Clerk of the General Assembly reported the votes
of the freemen on the following propositions which had been submitted to them, viz:
Paper Money- yeas, 456; nays, 2197.
General Tender Act-yeas, 128; nays, 781.
Extension of Tender Act of 1783 - yeas, 419; nays, 591.
Act of 1786 on fulfillment of contracts - yeas, 835; nays, 229.
Tender Act articles mentioned, [grain and other provisions,]
-yeas, 129; nays, 44. [This act, so called, was proposed at
the last session, and after this vote it became a law.]
Laws as they now stand - yeas, 195; nays, none.
Land to be a tender-yeas, 24; nays, none.2
The Shays Rebellion.
Feb. 24. The committee to whom was referred the communication of Maj. Royal Tyler, and several letters from Gen. Lincoln
and Governor Bowdoin, on the Shays rebellion in Massachusetts,
reported the form of a Proclamation to the people, which was
adopted in joint assembly - yeas 36, nays 24; and the Governor
was " requested to issue the same, and take effectual measures that
the same be promulgated immediately in every part of this Commonwealth."3  It was issued accordingly:
By his Excellency THOMAS CHITTENDEN, Esq; Captain- General,
Governor, and Commander in Chief, in and over the STATE of
VERMONT.
A PROCLAMATION.
TIHEREAS the General Court of the Commonwealth of Massachusetts, by their act of the fourth day of February instant, declared, that a horrid and wicked rebellion did exist in said
Commonwealth, and that DANIEL SHAYS of Pelham, and LUKE DAY'Assembly Jourmal, Vol. III, 85, 103. 2 Same, 110-112. 3 Same, 120-123.




February Session of General Assembly, 1787.    447
of West Springfield, in the county of Hampshire, ADAM WHEELER
of Hubbardston, in the county of Worcester, and ELI PARSONS, of
Adams, in the county of Berkshire, were the principal aiders and
abettors of. said Rebellion, and there being great reason to fear
that some of the citizens of this State who dwell near to and adjoining the said Commonwealth may incautiously and unadvisedly
give aid to the promoters and abettors of the said rebellion, and
thereby violate the duty they owe to law and good government:
I have therefore thought fit, by and with the advice of the Council, and at the request of the General Assembly, to issue this proclamation, strictly commanding and enjoining it upon all the citizens
of this State, not to harbour, entertain, or conceal the said DANIEL
SHAYS, LUKE DAY, ADAM WHEELER, and ELI PARSONS. And I do
hereby require all and every the Justices of the Peace within this
State, to issue their warrants when required, to apprehend and
convey the aforesaid persons, or either of them, to the Commonwealth of Massachusetts, there to be delivered to some civil or
military officer, authorised to receive them:
And all the citizens of this State are absolutely and most solemnly forbidden to take arms in support of, or to engage in the
service, or contribute to the relief of the abettors and promoters
of the said rebellion, by furnishing them with arms, ammunition,
or otherwise, as they will answer it at their peril.
Given under my Hand, in Council, Bennington, this 27th Day
of February, A. D. 1787, and the eleventh Year of the Independence of the State.                   THOMAS CHITTENDEN.
By his Excellency's command,
JOSEPH FAY, Secretary.'
A Member expelled from the House.
Feb. 28. The House considered a complaint from Col. Brownson, charging that Jonathan Fassett, Esq., member of the House
from Pittsford, encouraged the insurrection or mob in the county
of Rutland in the preceding month of November, and the evidence
being given, Mr. Fassett was expelled from the House by a unan-'Assembly Journal, Vol. III, 121. This was nearer to " the golden fule"
than the great nations have even yet reached. In May following, about
one hundred of the Massachusetts rebels met at Shaftsbury, but were
compelled by the firmness of Gideon Olin and Jonas Galusha to find refuge in New York; and in July, two notorious Shays men were arrested
at Onion River, (Colchester,) conducted by a guard of three men to Bennington, and delivered to the Massachusetts officers.-.Vermont Gazette.
May 7 and July 30, 1787.




448              Vermont from 1783 to 1791.
imous vote —yeas 64, nays none. A bill of costs was made
against Passett, ~9.10.7, which the State's Attorney for Rutland county was required to collect.'
Acts establishing the Constitution of Vermont and the Common Law
of England.
March 2. A bill entitled " an act establishing the Constitution
of Vermont," &c. [as revised July 4, 1786], was adopted, and
sent to the Governor and Council for concurrence.
The bill entitled " an act adopting the common and statute laws
of England " was read the second time, and on the question
whether said bill should be sent up [to the Governor and Council]
for revision, the yeas and nays being required on the question,
they were as follows [names omitted]: yeas 40, nays 19.2!Thanks to the Militia.
Resolved, That this House entertain a high sense of the services done this State by the officers and soldiers whose spirited
exertions crushed the late daring insurrection against Government
in the counties of Rutland and Windsor, and do hereby return
said officers and soldiers their hearty thanks.3
March 3. An act in addition to an act for establishing post
offices within this State; and an act making provisions, grain, &c.
a legal tender, on account of the scarcity of money, were passed.'Assembly Journal, Vol. IIi, 131-134.
2Assembly Journal, Vol. II, 140. Both bills became laws, and also
another, which changed the Constitution, by giving the privileges of freemen to freeholders only. This went the whole length it was suggested
in a note (ante, 277-279)  that the General Assembly might possibly go.
Daniel Chipman says that the people and legislature of Vermont then
held, with Blackstone, that " Sovereignty and Legislation are, indeed,
convertible terms." "No idea was entertained," said Mr. Chipman,
"that an act of the legislature, however repugnant to the Constitution,
could be adjudged void and set aside by the judiciary." Even after the
adoption of the Federal Constitution, it was deemed necessary, in 1797,
to repeal all previous acts legalizing or altering the Constitution of Vermont, so strong was the conviction that an act of the General Assembly
was superior to the Constitution.- Chipman's Memoir of Chittenden,
100-113. For act requiring voters to be freeholders, see pamphlet Acts
Feb. and March 1787, 50.'Assembly Journal, Vol. III, 141.




February Session of General Assembly, 1787.      449
When taken on execution, the articles were to be appraised'" at
the sign-post " by commissioners.'
March 5. The committee on the memorial of John Kelly
reported in favor of confirming certain grants to him, and other
lands in lieu of lands formerly granted to Kelly but afterwards
granted to others; " provided that nothing herein contained shall
interfere with a grant made to Dr. Johnstone [Johnson] and his
associates;" which was resolved accordingly.2
Naturalization Act.
IN COUNCIL: March 10. Resolved, That the Hon. General
Allen be requested to write to the Hon. St. John, late Consul of
France, in answer to his letters [in the ms. Ethan Allen Papers],
inclosing a copy of the act naturalizing him and his three sons,
and in reference to a map of the State, &c.3
Action in the New York Assembly favorable to the Independence of
Vermont.
March 15, 1787. Alexander Hamilton, a member for the city
of New York, introduced into the Assembly a bill entitled " An
act to empower and direct the delegates of this state in Congress,
to accede to, ratify and confirm the sovereignty and independence
of the people of the territory commonly called and known by the
name of the state of Vermont."  This bill gave ample powers, but
upon three conditions: limiting Vermont to the territory between
Connecticut river and the line twenty miles east of the Hudsonrequiring Vermont to accede to tie Union-and preserving the
New York titles to land in Vermont, to be prosecuted in the mode'Assembly Journal, Vol. Iln, 156; pamphllet Acts, 153.
2Assembly Journal, Vol. Im, 147-149. Although the General Assembly for Oct. 1786-March 1787 was a very important one, having revised
all the statutes of the State, the editor of this volukme mentions the fact
that no list of the members is given in the Journal of the HIouse of Representatives. Unless it can be supplied from files of the Vermont Journal, (Windsor,) there is probably no mode of making even an imperfect
list, other than from the recorded lists of yeas and nays.
3 Council Journal, Vol. II, 346. The names of the children were America Francis, William Alexander, and Philip Lewis. St. John suggested
several names for towns, three of which were adopted, to wit, Vergennes,
Danville, and St. Johnsbury-the latter for himself. St. John's signature is "St. John de Creveweur 7 in the copy-possibly Crev6ecoeur.-E. Allen Papers, 395-402.
57




450               Vermont from   1783 to 1791.
prescribed in the ninth of the Articles of Confederation. Doubtless the last proviso would have prevented the consent of Vermont,
but it was at least an earnest attempt to secure its accession
to the union as an independent state, and Hamilton's very able
argument undoubtedly had great effect in securing the final and
happy result.'
On presenting the bill, Mr. Hamilton made a few observations,
of which only a brief sketch, from recollection, was published at
the time, giving an interesting view of the urgent motives which
prompted the measure. After much deliberation, the opponents
of the bill resolved to apply to the assembly to be heard by counsel, and for that purpose employed Richard Harrison, "' a lawyer
and a scholar, distinguished for his ability, and learning, and
probity." 2 The following is the record of the hearing and argument for the proprietors of land in Vermont under New York
patents.
Argument of RICHARD HARRISON against Vermont.
NEW YORK ASSEMBLY, Wednesday, March 28, 1787.
Ten o'clck, a. m. The Order of the Day was then called for, when on
motion of Col. Hamilton, Mr. -Iarrison, the counsel for the petitioners
against the bill for declaring the Independence of Vermont, was admitted
within the bar of the house, and addressed the chair as follows:
Mr-. Speaker, cand Gentlemen of the H-ouse of Assembly:-I have the
honor to appear before you this day in my professional capacity, as Counsel for the petitioners against the bill now depending before this honorable house, authorizing the delegates of this state in Congress to accede
and confirm the independence of that district of country commonly
called Vermont.
Upon this occasion I am an advocate for a numerous and respectable
body of citizens, who from that character, and the relation in which they
stand to the community at large, have the fairest and most unquestionable
right to the protection of the state. The social compact, to which all the
members of society are parties, and by which all of them are bound, was
first formed to preserve the rights and properties of each, by the united
strength of the whole; and this sacred compact must suffer the grossest
violation, whenever the rights and properties even of the meanest individual are sacrificed without the most pressing and apparent necessity.
My clients, Sir, consider the present bill as fatally calculated to deprive
them, without necessity, of all those advantages which they ought to derive from the character of citizens, with respect to their property in the
1Works of Alex. Hamnilton, Vol. I, 374.
2History of the Republic of the United States, by John C. -Iamilton,
Vol. III, 231.




Richard Harrison against Vermont.              451
north eastern part of the state. They trust therefore that the wisdom
and justice of the legislature will be exerted in its rejection; and though
they have thought it necessary to bring their objections to the bill before
this honorable house, in the manner that is now adopted, yet it must be
apparent, that they have depended so much uponthe discernment of their
judges, and the goodness of their cause, as to be little anxious with regard to the abilities of their counsel.
I hope, Sir, however, you and this honorable house, will be convinced
that diffident as I am of my abilities, I should not have presumed to
come before you, if I was not fully in sentiment upon this occasion, that
the interest of my clients and the public are the same. I flatter myself,
Sir, that my sincerity will not be questioned, when I assure you that it is
my most ardent wish (not to prevent, but) to promote every measure tending to the permanent happiness of a country in which I received my existence; to which I have been repeatedly indebted for great indulgencies,
and in which all my future expectations are centred.
I proceed now to state those reasons which in the opinion of the petitioners ought to prevent the bill in question from being passed into a
law. They consider it as unconstitutional, impolitic and destructive to
the property of themselves and many of their citizens. With respect to
the two first grounds of objection, in all probability they would have been
left entirely to the consideration of the legislature, if the petitioners had
not found that their private interests were materially affected; but they
trust there can be no impropriety in endeavoring to shew that a measure
so injurious to them is at the same time inconsistent with the constitution, and repugnant to the maxims of sound policy.
The constitution Sir, of this State, has expressly declared the counties
of Cumberland, Gloucester, and Charlotte, compose the eastern district;
and has directed that they shall be represented in our senate and assembly. As they are constituent and essential members of the body politic,
particularly recognized by the terms of our constitution, it is surely a
question of importance whether the powers delegated by the people to
their representatives are such as will authorize them to mutilate the body
by severing from it limbs that are of such fair proportion and undoubted
strength. If the legislature can, without the consent of their constituents, separate for ever the bulk of the eastern district from the remainder of the state, by the same rule they may declare the southern district
independent of the others or reduce the state into as many distinct governments as there are counties within it- and thus this commonwealth,
the citizens of which are bound together in political union, would like the
hydra spring up into many monsters, all of whom would cherish different
interests, and perhaps be armed for mutual destruction.
It is a maxim, Sir, in our constitution, that no authority can be exercised over the people of this state, but such as shall be derived from and
granted by them; and this maxim as it is the vital principle which pervades the whole frame, so it must ever be adhered to whilst any regard
for our constitution shall subsist. The legislature, Sir, are authorized by
the constitution to frame laws for the government of the people, but as
to any power of dismembering the state there is a total silence; and
therefore it must be concluded, that the people have reserved this power
to themselves, or that if it is delegated at all, it must be delegated to the
Congress of the United States, to be only made use of when the events
of war, and the necessities of the union, shall render it absolutely necessary. It is an awful thing, Sir, to exclude a great number of citizens
(many of whom may be anxious to live under the constitution) from the
protection of the state; and that too for ever. When I said that many of




452                V-ermont from   1783 to 1791,
them might be anxious to live under our constitution I have said too
little. It is a fact true beyond the possibility of contradiction, that a
great proportion of the inhabitants in that district are sincerely attached
to our government and wish ardently for its protection. Under these
circumstances, Sir, if the legislature have even a doubt respecting the
propriety of the measure, or its being constitutional, I am persuaded that
they will avoid it.
Even in those cases, where full and absolute power is indisputably
vested in the rulers, either by the terms of the Constitution, or by implication- yet I say, even in those cases, it has been the opinion of the best
informed writers, that a nation cannot lawfully cut off any of its members from the body, unless in a case of extreme necessity, if the public
service requires it. Such are the ideas of the great Vattel, in his first
book, chap. 21st. The same masterly writer declares in the second chapter of the same book, that " if a nation is obliged to preserve itself, it is
not less obliged carefully to preserve all its members. The nation (says
he) owes this to itself, since the loss of even one of its members weakens
it and is injurious to its own preservation. It owes this also to the members in particular in consequence of the very act of association."
This honorable house, Sir, if they are satisfied with respect to their
constitutional powers, will undoubtedly consider whether such a case of
extreme necessity exists at the present moment. If it exists, the petitioners are totally ignorant of it, and they contemplate the measure as big
with political consequences of the most dangerous and destructive nature.
It has been alledged indeed as an argument for the present bill, that
the inhabitants of Vermont (having assumed actual independence) are
forming improper connexions with the British in Canada, which at some
future period may be destructive to America. But how, Sir, does this
connexion appear? What evidence can be found of it? Where has it
ever existed, except in the lively imaginations of persons out of doors,
who for particular purposes have wished to avail themselves of popular
prejudices and excite popular alarms? I am persuaded that the report
must have originated in this manner, and after it was once raised, I presume that it will be no reflection even upon discerning and distingtuished
patriots to suppose that their zeal for the honor and interests of their
country may have disposed them to treat it with too much attention.
Can it be supposed, Sir, that Great Britain at the eve of an expensive
and unsuccessful war, after she has fully recognized the district of Ver~mlont, as lying within the bounds of the United States, should now have
an idea that any important purpose may be answered with respect to the
confederacy by forming an indirect connexion with what is comparatively a small and insignificant corner of a single state?
Can it be supposed that the British Government is so weak, so irrational, as to endanger the tranquility and safety of their remaining colonies, for the sake of cultivating an acquaintance with people from whom
they can derive no consequential advantages, and whom they could not
possibly support against the power of the union, without renewing all
the horrors of war and incurring the most enormlous and destructive
expence?
I cannot, therefore, but treat the supposed connexion between Vermont and tlhe British Government as a phantom originally raised for the
sake of political prejudices, but which when carefully examined will
prove to be a mere phantom only.
If such a connexion, however, actually subsists, it is the duty of good
citizens to produce the evidence. The proof of such a connexion would




Richard Harrison against Vermont.              453
probably unite the sentiments of the American states with respect to
Vermont. It could no longer then be a doubt, but she must be reduced
to a sense of duty; and on the other hand as the conduct of Great Britain
would be highly reprehensible, it would become the business of our
rulers to remonstrate and demand satisfaction upon it.
But, Sir, if such a connexion actually subsists between Canada and Vermont, can this honorable house be assured that the present bill will dissolve it? May we not rather suppose that their inland situation and
proximity to the lakes may prompt them, for the sake of commerce, to
form still closer connexions with a foreign power, and will they not possess opportunities of d'oing mischief much greater than they have at
present, when in consequence of this bill they are admitted into the public councils, and become acquainted with all the secrets of the union?
It would be well for gentlemen to consider calmly and dispassionately
what are the natural consequences of the measure now in agitation. If
two or three counties of the state, upon an idea that they have separate
interests from the rest of the community, may not only declare themselves independent, but by tampering with a foreign power may terrify
the state into a recognition of their independence, who can pretend to
ascertain the number of independent states that may start into existence
in the remotest parts of our territory, or who can determine what they
may be encouraged to attempt by so pernicious an example?
Already, Sir, has that example operated in more. than one instance, and
it will undoubtedly operate again in proportion to the success with which
Vermont may be crowned. It appears to me therefore that the safest
and wisest course is to destroy the evil in its bud, to resist the disease in
its first attacks before it has made any considerable progress, or the contagion has extended itself to the nobler parts of the political body.
I believe, Sir, that experience will evince both in public and private
life that a firml, generous and manly plan of conduct is the result of
sound policy and will eventually be most successful. It was this firmness, this manly spirit, that raised the Roman Empire to the highest
glory, and if we wish our country to be proportionably great and flourishing, we should ask ourselves what would have been the conduct of that
people upon similar occasions? Let their conduct during that dangerous
war which they sustained with their Italian Allies whom they refused to
admit as citizens of Rome till they submitted at discretion, let their conduct with regard to Pyrrhus whom they refused to treat with as a friend
till he had drawn his forces out of Italy, let their magnanimity upon a
thousand other occasions speak what they would have done, if an inconsiderable part of their citizens had presumed to declare themselves a
separate and independent state.
But it has been said that Vermont in its present situation contributes
nothing to the expences of the Union, at the same time that the inhabitants of that country are continually increasing; as the lowness of taxes
induces the people of the neighbouring states to emigrate thither.
The former part of this assertion we know to be true, and the latter we
have every reason to consider as a fact.
Mankind in general are disposed to place themselves in situations
where subsistence is most easily attained, and the demands of government are comparatively lightest.
The emigration to Vermont is a consequence also of the abundant
population in the eastern states, and it must continue as long as the balance of population is against Vermont, and land is to be procured there
upoI moderate terms.
But, Sir, altho' it must be admitted that the inhabitants of Vermont




454                Vermont from   1783 to 1791.
ought to pay their proportion of the public burdens, yet such is their
remote and inland situation, and such the dearth of money amongst
them, arising from that circumstance, and the want of external commerce, that this consideration alone is not of sufficient importance to
make their admission into the union be considered as an object.
Besides, Sir, is it probable that the inhabitants of that district would
render less advantage to the union if they were rated as a part of this
state, than they would if they were considered as a separate and independent government? Would they not on the contrary, be in a condition
to defray a greater proportion of the public burthens, if they were eased
of those particular expences which must attend their internal government?
But even if the case was otherwise, it would undoubtedly be improper
to sacrifice the honor and dignity of the state to such small and uncertain advantages.
Indeed, Sir, that sacrifice may be made on the part of this state, but
what security have we, after all, that it will be accepted.
Already has this state made advances to those people, founded upon a
spirit of equity and calculated to remove every real grievance of which
they could complain. Let gentlemen turn to the act of 1782, and enquire if any notice has ever been taken of it in Vermont? Have those
people ever manifested the smallest desire for a reconciliation?  Have
they even condescended to state their objections to that act, or made any
propositions upon the subject of it?
It is true that the present bill is more extensive than the former. It
will sanction and ratify the independence of Vermont. But who can say
that they will be content with the limits we have prescribed, or that they
will be disposed to become members of the confederation?
The same reasons which might induce some persons to wish that Vermont was seated in Congress, as a part of the union, will in all probability impel them to reject the offer: and after sacrificing the honor and
dignity of the state, we may have the mortification to see this bill, if it is
adopted by the legislature, treated with the same silent contempt that
was bestowed upon the last.
I have hitherto, Sir, been arguing against this bill, upon general principles, as if it affected the petitioners in common with their fellow citizens. I come now briefly to consider the peculiar objections which they
as individuals have to offer against it.
And here, Sir, give me leave to mention the instructions I have received
from the petitioners, to declare, that if this honorable house should be of
opinion that the constitution of the state will permit, and the interests
of it require Vermont to be acknowledged a separate and independent
state, they should cheerfully acquiesce, provided the bill afforded any
security for their -property, or that they should receive a compensation
for it.
In both these respects the bill now before the house is totally deficient.
Not a syllable is mentioned of the property of the petitioners; not the
least intimation is given that they will be paid for it, in case it should
finally be lost.
I conceive, Sir, that I need not enter into a long and laboured discussion, to demonstrate that the state is bound by the strictest obligations to
protect the property of its citizens. In fact this (as I have already intimated) is a fundamental article of the social compact. " The great and
chief end (says Mr. Locke) of men's uniting into commonwealths, and
putting themselves under government, is the preservation of their property." And after pointing out what was wanting for that purpose in a




Richard Harrison against Vermont.               455
state of nature, he adds " That the power of the society or legislative,
constituted by them, can never extend farther than the common good,
but is obliged to secure every one's property," by providing against the
defects of a state of nature.
I will admit, Sir, however, that the public have a right to dispose of
private property, when it becomes necessary for the common safety or
advantage. But then, whenever this is the case, individuals have a fair
and complete title to a compensation from the society, in lieu of that
property which they part with for the public benefit. In such instances
the public should be considered as an individual treating with an individual; and if the legislature obliges the owners to alienate or resign
their property, it is bound on the other hand to give them a reasonable
price.
Such, Sir, are the dictates of reason upon this subject; such are the
principles which Judge Blackstone informs us govern the British legislature in cases of this nature.
But, Sir, it may be said. that in consequence of the present bill the petitioners would be in a better state than they were previously to it -and
it may be insisted that under an article of the confederatien they would
be entitled to a fair trial for their property, by a court constituted in the
manner which that treaty has designated.
The petitioners, Sir, are far from being convinced that they would be
entitled to such a trial.
And at any rate it would be attended with such an enormous expence
as the petitioners could by no means sustain, and to which sovereign
states alone would be found equal.
To hold out therefore a federal Court as a relief to the petitioners, is in
fact leaving them destitute of any, for it only offers such a remedy as it
would be impossible for them to pursue.
Besides, Sir, in the present situation of things whilst the independence
of Vermont is not acknowledged by this state, whilst some of the inhabitants of that district had their hopes and others their apprehensions that
they may again be reducedto the obedience which they owe this government; many, if not all of them are solicitous to secure a good and permanent title for their possessions, by purchasing from the petitioners
their rights under the state of New York.
But let this bill pass into a law, and the appehensions of the people
will be at an end. They will consider their independence as fully recognized whether they join the confederation or not, and they will from that
time be indifferent as to any grants under a government from which they
may consider themselves as irrevocably separated and forever estranged.
In this view, Sir, the very silence of this bill, with respect to the rights
of the petitioners, will be the most fatal blow that they lhave ever received; and as it will come from hands to which they looked for protection, it must (like the dagger of Brutus) pierce more deeply and be more
severely felt.
The petitioners therefore flatter themselves that this honorable house
will either reject the bill, or add to it such clauses as may secure their
property, or a compensation for it. They have every dependence upon
the wisdom and integrity of the legislature -they claim that protection
for which society was instituted; and whilst they are conscious of no
fault, they trust that they shall receive it.
If the independence of Vermont should upon investigation be found
essential to the interest and happiness of America, it will be the duty of
the petitioners to acquiesce to it; but even then their private property
ought not to be sacrificed to the public good without a public recompense.




456                Vermont from   1783 to 1791.
It would without doubt argue a want of delicacy as well as judgment
in the petitioners to dictate measures to the wisdom of the legislaturebut deeply interested as they are in the decision of the present question,
they flatter themselves that they shall be excused for suggesting that
instead of the present bill, which will be construed into an acknowledgment of independence in Vermont, even if the conditions of it are
rejected, it would be more consistent with the honor and dignity of the
state, if Commissioners should be appointed to treat with such as may be
nominated by the inhabitants of that district, as well concerning the
property of individuals as the independence of the country.
In this mode, the petitioners might probably obtain security for their
property or a great part of it, and unless that people are determined to
treat all advances upon the part of the government with indifference and
contempt, every subject of controversy might be adjusted upon principles of mutual and permanent advantage.
Mr. Harrison then withdrew, and the house resolved itself into a committee of the whole house on the bill for declaring the independence of
Vermont, Mr. Clark in the chair.1
Col. Hamilton addressed the committee subsequently as follows:
Speech of ALEXANDER HAMILTON in reply to Mr. Harrison, on
the bill for acceding to the Independence of Vermont.
The counsel for the petitioners has entered into a large field of argument against the present bill. He has endeavored to show that it is contrary to the Constitution, to the maxims of sound policy, and to the
rights of property.
His observations have not been destitute of weight. They appear to
have the more force, as they are to a certain degree founded in truth.
But it is the province of the committee to distinguish the just limits of
the principles he has advanced, how far they extend, and where they
terminate. To aid the committee in this inquiry shall be my endeavor,
and following the counsel for the petitioners through the different heads
of his iargument, I hope to be able to show that neither of the olbjections
he has urged stands in the way of the measure proposed, and that the
Constitution permits, policy demands it, and justice acquiesces in its
adoption. The first objection is drawn from that great principle of the
social compact,-that the chief object of government is to ijrotect the
rights of individuals by the united strength of the community. The
justness of this principle is not to be disputed, but its extent remains to
be ascertained. It must be taken with this limitation:- The united
strength of the community ought to be exerted for the protection of individuals so far as there is a rational prospect of success; so far as is consistent with the safety and well-being of the whole. The duty of a
nation is always limited by these considerations:-It is bound to make
efforts and encounter hazards for the protection of its members, proportioned to its abilities, warranted by a reasonable expectation of a favorable issue, and compatible with its eventual security. But it is not bound
to enter in or prosecute enterprises of a manifest rashness and folly; or
which, in the.event of success, would be productive of more mischief
than good. This qualification of the principle can no more be denied
I From the Daily Advertiser, Vol. IIn, No. 657, New York, Tuesday,
April 3, 1787.




Hamilton in reply to Harrison.                457
than the principle itself. The counsel for the petitioners indeed admits
it in substance, when he admits that a case of extreme necessity is an
exception to the rule: but he adds that this necessity should be apparent
and unequivocal. What constitutes a case of extreme necessity, admits
of no precise definition. It is always a question of fact, to be determined
by a consideration of the condition of the parties and the particular circumstances of the case itself. A case of necessity then exists, when
every discerning, unprejudiced man, well acquainted with facts, must be
convinced that a measure cannot be undertaleen or p)ursued with a probability of success. To determine this an experiment is not always necessary: circumstances may exist so decisive and palpable in their nature as
to render it the extreme of temerity to begin, as well as to continue an
experiment. The propriety of doing either the one or the other, must
equally be decided by a judicious estimate of the national situation.
The tendency of the principle contended for, on the application of it
in argument, has been to prove that the state ought to employ the common strength of the society to protect the rights of its citizens, interested
in the district or territory in question, by reducing the revolted inhabitants of that district to an obedience to its laws. The inquiry therefore
is,-Can this be done? Is the State in a situation to undertake it? Is
there a probability that the object will be more attainable at a future
clay? Is there not rather a probability that it will be every day more out
of our reach, and that leaving things in their present state will be attended with serious dangers and inconveniences? Is it even desirable,
if practicable, to reduce the people in question under subjection to this
State? In pursuing this inquiry we ought to bear in mind that a nation
is never to regulate its conduct by remote possibilities or mere contingencies, but by such probability as may reasonably be inferred from the
existing state of things, and the usual course of human affairs. With
this caution, no well-informed mind can be at a loss in what manner to
answer the questions I have proposed. A. concise review of the past,
and a dispassionate consideration of the present, will enable us to judge
with accuracy of the obligations and interests of the State.
The pretensions to independence of the district of territory in question began shortly after the commencement of the late revolution. We
were then engaged in a war for our existence as a people, which required
the utmost exertion of our resources to give us a chance of success. To
have diverted any part of them from this object to that of subduing the
inhabitants of Vermont, to have involved a domestic quarrel which
would have compelled that hardy and numerous body of men to throw
themselves into the arms of the power with which we were then contending, instead of joining their efforts to ours in the common cause of American liberty, as they for a long time did, with great advantage to it, would
have been a species of frenzy for which there could have been no apology, and would have endangered the fate of the revolution more than
any one step we could have taken. This idea is too obvious to need being enlarged upon. The most prejudiced will acquit the State from blame
for not trying the effect of force against that people during the continuance of the war. Every moderate measure, everything short of hostility
of? a total sacrifice of those rights, which were the original cause of the
revolt, and which are the occasion of the opposition to the present bill,
were tried. Conciliating laws were passed, overtures made, negotiations
carried on in Congress, but all to no purpose. The peace found the Vermonters in a state of actual independence, which they had enjoyed for
several years,- organized under a regular form of government, and
increased in strength by a considerable accession of numbers. It found
58




458               Vermont from    1783 to 1791.
this State the principal seat of the war, exhausted by peculiar exertions
and overwhelmed in debt. The embarrassments arising from this situation press us daily. The utmost exertion of wisdom in our public councils would not be more than equal to extricating us from them. As matters stand, the public debts are unprovided for, and the public credit
prostrate. Are we now in a situation to undertake the reduction of Vermon, or are we likely speedily to be, in such a situation? Where are our
resources, where our public credit, to enable us to carry on an offensive
war? We ought to recollect that in war, to defend or attack, are two different things; to the first, the mountains, the wilderness, the militia,
sometimes even the poverty of a country will suffice. The latter requires an arcmy and a treasury.
The population of Vermont will not be rated too high if stated at
nearly one half of that of New York. Can any reasonable man suppose
that New York, with the load of debt the revolution has left upon it,
and under a popular government, would be able to carry on with advantage an offensive war against a people half as numerous as itself, in their
own territory; a territory defended as much by its natural situation as
by the numbers and hardihood of its inhabitants? Can it be imagined
that it would be able, finally, to reduce such a people to its obedience?
The supposition would be chimerical, and the attempt madness. Can we
hope a more favorable posture of affairs hereafter? Will not the population and strength of Vermont increase in ratio to our own? There is,
perhaps, no essential difference between their government and ours. The
necessity of making provision, in one way or another, for the exigencies
of the Union, and for the discharge of the debts of the State, must continue to subject our citizens to heavier burthens than are borne by the
inhabitants of that country, who have no call for revenue beyond the
support of their domestic administration. A country possessing a fertile
soil, exempt from taxes, cannot fail of having a rapid growth.
The enterprise will of course become more difficult by delay, and procrastination can only serve to render the claims of the State and its citizens, in the opinion of mankind, obsolete, and to give the consent of
time to the connection which the people of Vermont have, in all
appearance, already formed with the British Government. This last
point I shall discuss more fully in another place.
I have confined myself in my reasoning to an examination of what is
practicable on the part of this State alone. No assistance is to be expected from our neighbors. Their opinion of the origin of the controversy between this State and the people of Vermont, whether well or ill
founded, is not generally in our favor; and it is notorious that the Eastern States have uniformly countenanced the independence of that country. This might suggest to us reflections that would confirm the belief
of the impracticability of destroying,. and the danger of attempting to.
destroy that independence.
The scheme of coercion would ill suit even the disposition of our own
citizens. The habits of thinking to which the Revolution has given
birth, are not adapted to the idea of a contest for dominion over a people
disinclined to live under our government. And, in reality, it is not the
interest of the State ever to regain dominion over them by force. We
shall do well to advert to the nature of our government, and to the extent of this State according to its acknowledged limits. Are we sure we
shall be able to govern what we already possess? Or would it be wise to
wish to try the strength of our goverment over a numerous body of people disaffected to it, and compelled to submit to its authority by force?
For my part, I should regard the re-union of Vermont to this State as




Hamilton in reply to Harrison.                459
one of the greatest evils that could befall it; as a source of continual
embarrassment and disquietude.
It is hinted by the counsel for the petitioners that many of the inhabitants of Vermont are desirous of living under our government, and
sanguine tempers have long ago predicted that they would shortly grow
weary of their independence, throw it off, and become re-united with us
and New Hampshire of their own accord. There are clear principles of
human nature to which we may resort to falsify this prediction.
In popular governments, the sentiments of the people generally take
their tone from their leaders. The leaders of Vermont cannot desire a
re-union with New York, because this would amount to an abdication of
their own power and consequence. The people of Vermont will not
desire it, because no people ever desired to pass from a situation in which
they were exempted from taxes, and in which they suffered no particular.
oppression, to one in which they would be subject to burthens comparatively heavy.
I now pass to an examination of the constitutionality of the measure
proposed by the bill. It is observed, that by the constitution the counties of Charlotte, Cumberland and Gloucester are constituent parts of the
State; that one article of it declares that no power shall be exercised
over the people, but such as is derived from and granted by them; that
no express power is given to the Legislature to dismember any part of
the State; and that this silence of the Constitution is a tacit reservation
of that power to the people. To all this I answer, that the sovereignty
of the people, by our Constitution, is vested in their representatives in
Senate and Assembly, with the intervention of the Council of Revision,
and that the power of dismembering the State, under certain circumstances, is a necessary appendage of the sovereignty.  The practice of nations, and the authority of writers, conspire to establish this principle;
and the safety of society requires it. There are certain situations of
kingdoms and states, in which the sacrifice of a part is essential to the
preservation and welfare of the rest.
History furnishes abundant examples of such sacrifices. Nations, in
makingl peace, frequently cede parts of their territories to each other.
Civil commotions have many times produced similar dismemberments.
The monarchy of Spain, after a destructive and fruitless contest to preserve it, was obliged, at last, to surrender its dominion over the Netherlands. The crown of Austria was, in like manner, compelled to abandon
its jurisdiction over the Swiss Cantons. And the United States are a
recent and still more signal instance of the exercise of the same right.
Neither of these instances has been censured or condemned, nor the
power of the sovereign to accede to the separation called in question.
The celebrated author quoted by the counsel for the petitioners is explicit on this article, and decides with clearness that the prince or body
intrusted with the sovereign authority may, in certain emergencies, disnember the empire, and lop off a limb for the good of the body. This
inference from the silence of a Constitution, is the reverse of that drawn
by the counsel of the petitioners. Doubts have been raised by particular theorists upon the subject, but their theories were too abstract for
practice, and are now exploded by the ablest writers on the laws of
nations. Indeed, those doubts were chiefly applied to the case of a cession or relinquishment of a part of the empire still in possession of the
sovereign. It has long been considered as a clear point, that where a
part of an empire is actually severed by conquest, or a revolution, the
pi'nce, or body vested with the admlinistration of the government, has a
right to asse(nt to, a,nd to ratify that separation. This is an obvious and




460               Vermont from    1783 to 1791.
important distinction, from which other inferences of moment will be
drawn in another place. It will be found in Vattel, book four, chapter
second.
Vermont is, in fact, severed from New York, and has been so for
years. There is no reasonable prospect of recovering it, and the attempt
would be attended with certain and serious calamities. The Legislature
have, therefore, anl undoubted right to relinquish it, and policy dictates
that it should be done. It is of no force to say that this principle would
authorize the dismemberment of Long Island, or of any other part of the
State. There is no doubt, the same circumstances concurring, the same
consequences would result, but not sooner; and it will be the duty of the
State to endeavor to prevent a similar extremity.
The next thing in the order observed by the counsel for the petitioners that presents itself to our discussion is the policy of the measure.
Against this it is objected that the precedent would be dangerous
that the facility with which Vermonters will have accomplished their
object, might invite other parts of this State and the United States to
follow their example. To this I answer, that examples have little to do
with the revolutions of empire. Wherever such state of things exists
as to make it the interest or the inclination of a large body of people to
separate from the society with which they have been connected, and at
the same time to afford a prospect of success, they will generally yield to
the impulse, without much inquiry or solicitude about what has been
done by others, or upon other occasions; and when this is not the case,
precedents will never create the disposition. Events of this kind are not
produced or controlled by the ordinary operations of human policy, care
or contrivance. But, whatever may be the effect of the example, it is too
late to prevent or redress the evil. It sprang up under cireumstances
which forbade the application of an effectual remedy, and it-has now acquired a maturity which would mock all our efforts to counteract it.
Vermont is lost to New York, beyond the possibility of a recovery; and
a passive acquiescence in its independence cannot make it more formidable, as an example, than a direct recognition of it. Success and impunity are the ingredients that are to constitute the force of the example,
and these will exist in either case.
On the other hand, the policy of the measure results from two important considerations. The one, that by the union of Vermont to the Confederacy, it must of course bear a proportion of the public burdens; the
other, that it would be detached from the completion of a connection
already in all appearance begun with a foreign power. The incorporation
of Vermont into the Confederacy is by the bill made an express condition of the acknowledgment of their independence. The first advantage
was too obvious to be denied, though observations have been made to
diminish its importance. Its inland situation has been noted as a circumstance that precluded the expectation of any considerable revenue
from it. But the same thing might be said of the interior parts of this
and of the other States; and yet we should make a much worse figure than
we do, if our resources were to be drawn wholly from our Atlantic settlements. The country of' Vermont is fertile and will soon be populous,
and ihe resources which it may be capable of affording at a day not far
remote, though not of great, magnitude, will by no means be contemptible.
But the principal advantage to be expected from the measure is the
one mentioned last. Here it is asked, Where is the evidence of the fact,
where the proof of the connection? Would Great Britain, which has so
recently, in a solemn treaty, acknowledged the territory in question to
be comprehended within the limits of the United States, derogate from




Hamilton in reply to Harrison.               461
that treaty, and for so insignificant an object, as a connection with a small
corner of one of the States, hazard a rupture with the whole Confederacy?
Not expecting a formal call for the evidence of the fact, my memory is
not prepared to enter into all the details requisite to its full elucidation.
I well remember that during the latter periods of the war, a variety of
circumstances produced a conviction of its existence everywhere; in the
army, in the Legislature, and in Congress. Among other transactions
that came to my knowledge, I shall mention one as nearly as my recollection will serve me. Some time in the year 1781, Fay and Ira Allen,
two of the most influential individuals in that country, went into Canada:,
and, we were well informed, had repeated interviews with Gen. IIaldimand. Not long after, a party of British, under St. Leger, penetrated
as far as Ticonderoga. A detachment fiom that body fell in by accident
with a small party of Vermonters, fired upon them, killed one of their
number, and took the rest prisoners. Discovering their mistake, they
interred the dead body with the honors of war, and sent the prisoners
home, loaded with kindnesses and caresses. From that period a free
intercourse subsisted between Canada and Vermont. This is one proof;
and a pretty decisive one, to show that a connection was formed during
the war. I doubt not there are others equally strong, within the recollection of other members of the committee. Since the peace, this intercourse has been cultivated with reciprocal zeal, and there are circumstances related [which I shall not repeat, as they do not come to me with
sufficient authenlticity] that look strongly to a continuance of the connection. If this connection ever existed, what reason have we to believe
that it has been since dissolved? To me, I confess, there appears none.
On the contrary, the situation of the parties in my opinion forbids the
supposition of its dissolution.
I flatter myself, those who know my manner of thinking will acquit
me of a disposition to sow groundless jealousies of any nation. I consider a conduct of this kind as undignified and indelicate in a public
character; and if I were not persuaded the suspicions I entertain are
well founded, no motive would have induced me to bring them forward.
It is asked, in substance, what object Great Britain can have in cultivating such connections. This admits of several answers.
Great Britain cannot but see our governments are feeble and distracted;
that the Union wants energy; the nation concert. That our public
debts are unprovided for; our federal treasuries empty; our trade languishing. She may flatter herself that this state of things will be prodiuctive of discontents among the people, and that these discontents may
lead to a voluntary return to her dominion. She may hope to see in this
country a counterpart of the restoration of Charles the Second. However
mistaken they mnay be, it is not impossible that speculations of this kind
may enter into the head of a British minister. The government lately
established in Canada - the splendid title of' Viceroy -seem to look
beyond the dreary regions of Canada and Nova Scotia. In this view, she
would naturally lay hold of Vermont as a link in the chain of events. It
would be a positive acquisition of so much, and nothing could better
answer the purpose of accelerating the progress of discontent than the
example of a country, part of ourselves, comparatively speaking, free
from taxes. Nothing could have a more powerful influence than such an
example upon the inhabitants of the settlements bordering upon that
country. How far and how rapidly it might extend itself is a matter not
easy to be calculated.
But laying aside every supposition of this nature, there are motives of




462               Vermont from 1783 to 1791.
interest which would dispose the British government to cultivate Vermont. A connection with Vermont will hereafter conduce to the security of Canada, and to the preservation of the Western posts. That
Great Britain means to retain these posts may be inferred from the interest she has in doing it. The ostensible reason for not having delivered
them up heretofore is the infractions of the treaty on our part; but
thoug'h these infractions in some instances cannot be denied, it may
fairly be presumed that they are nothing more than the pretext for withholding the posts, while the true motive is the prodigious advantage
which the monopoly of the fur trade affords to the commerce of the English nation. If Great Britain has formed the design of finally retaining
these posts, she must look forward sooner or later to a rupture with this
country; for, degraded as we are by our mismanagement, she can hardly
entertain so mean an opinion of us as to expect we shall eventually submit to such violation of our rights and interests without a struggle.
And, in such a case, Vermont would be no despicable auxiliary.
But would Great Britain hazard a war with the United States for so
inconsiderable an object? In the first place, the object is not inconsiderable. In the next, our situation is not such as to render our resentment
formidable. This situation is perhaps better understood by everybody
else than ourselves; and no nation would forego a present advantage to
our detriment, while it knew that a change of government must precede
any inconveniences from our displeasure. I do not suppose that the
British government would, in the present state of things, commit itself
to any avowed engagements with the people of Vermont. It will, no
doubt, take care to be in such a situation as to leave itself at liberty to
act according to circumstances; but it will, and I have no doubt does, by
the intermediation of its officers, keep up a secret intercourse with the
leaders of that people, to endeavor gradually to mould them to its interests, to be ready to convert them to its own purposes upon any favorable
conljuncture or ftture emergency. This policy is so obvious and safe,
that it would be presumable without any evidence of its existence.
On the part of Vermont, while their fate in the American scale remains suspended, considerations of safety would direct them to such a
connection with the British government. They would not choose to lie
at our mercy, or to depend on their strength, if they could find refuge
or support elsewhere. There is a circumstance, too, mentioned with a
different view by the counsel for the petitioners, which would contribute
to this connection. I mean the relative situation of Canada and Vermont. It is asked, "May not this situation induce Vermont to reject
the offer of independence, and prompt the people of that country, for the
sake of commerce, to form still closer connections with a foreign power?"
I ask, does not this situation, which it is supposed might have so
poweriful an influence, afford a strong presumption of the existence of
such a connection? And is it not our true policy to take away every
additional temptation?
I shall readily admit that it is very doubtful whether Vermont will
accept the proffered acknowledgoment of its independence, upon the conditions annexed. I firmly believe that she does not desire it, and that she
would be perplexed by the dilemma to which she would be reduced.
But whether she accepts it or not, the offer may be expected to have a
good effect. It would at least serve to ascertain facts. Her refusal
would be a conclusive evidence of a determined predilection to a foreign
connection; and it would show the United States the absolute necessity
of combining their efforts to subvert an independence so hostile to their
safety. If they should find themselves unequal to the undertaking, it




Hamilton in reply to Harrison.                 463
must operate as a new inducement to the several States to strengthen
the Union.
In every light, therefore, the measure on national ground appears advisable; but it still remains to inquire what will be our duty in respect to
the citizens of this State who are owners of land in Vermont. How far
shall we violate their rights, and how far are we bound to make them
recompense? The claim to a compensation is the thing which has been
with most propriety urged by the counsel for the petitioners. Let us,
however, examine its nature and foundation. But before I enter into
this examination, I shall repeat an observation which I made on a former
occasion. Whatever obligations there -may be on the part of the State
cannot be increased by acceding to the measure proposed. If Vermont
is not irretrievably lost to this State, the duty of protection which it owes
to individuals obliges it to employ the common strength to reinstate
them in their rights. If it is irretrievably lost, no rights capable of being
rendered effective will be sacrificed; of course, no obligation to make a
recompense,will exist. But the truth is, the present bill, so far from
surrendering the rights of individuals, puts things in the only train in
which they will ever have an opportunity of giving them validity. The
third clause of the ninth Article of the Confederation expressly declares
that all controversies about the right of soil between the citizens of different States shall be decided by a federal court. The counsel for the
petitioners tells us that his clients doubt the operation of this clause, but
as lie gives us no reason for the doubt, I shall only say that the terms of
it appear to me clear and explicit. I have no doubt that the petitioners
would be entitled to a federal court; and though that court would not
decide in such a question like the tribunals of New York, but upon general principles of natural and political right, I should confidently expect
that all equitable claims of our citizens would have their full effect. It
is, however, further observed on this head, that the expense of such court
would exceed the abilities of individuals, and could only be compassed by
the resources of sovereign States. If this suggestion should be admitted to
be true, [though I think the expense is greatly overrated,] yet surely it
would be more reasonable to ask the State for its assistance in procuring
a federal court to obtain justice to the petitioners, than to ask it to undertake a ruinous war for that purpose. The difference in expense would
not bear a comparison. Indeed, the first would be a trifling object to the
State, while the last would exceed its abilities, and perhaps end in its disgrace. But if the bill even contained no provision for obtaining justice to
the petitioners, I should hold that the State would not be under a strict obligation to recompense them for their losses. The distinction I would lay
down upon the subject is this: If a government voluntarily bargains
away the rights, or disposes of the property of its citizens, in their enjoyment, possession or power, it is bound to make compensation for the
thing of which it has deprived them; but if they are actually dispossessed of those rights, or that property, by the casualties of war, or a revolution, the State, if the public good requires it, may abandon them to
the loss without being obliged to make reparation. The author quoted
by the counsel for the petitioners has in view the case of a voluntary disposition of the property of citizens in the power of the State; and his
doctrine is unquestionably just, but it does not apply to the case of an
actual dispossession by any of those events in which nations have no
choice. In wars between States, the sovereign is never supposed to be
bound to make good the losses which the subject sustains by the captures or ravages of the enemy, though they should amount to the
destruction of his whole property; and yet nothing can be more agreea



464               Vermont from   1783 to 1791.
ble to natural equity than that those who happen to be the unlucky
victims of the war should be indemnified by the community. But, in
practice, such a principle would be found attended with endless difficulties and inconveniences, and therefore the reverse of it has been adopted
as a general rule. The individual sufferer, however, might with great
color of justice say to the government, Why did you make peace without
stipulating a reparation for the damage done to your citizens? If it was
necessary for the public good to sacrifice my interests, I have a right to
a public compensation for my losses. Though this case may, upon a superficial view, appear dissimilar to the one under consideration, yet the
principle, upon examination, will be found as applicable to the one as to
the other. The true reason is, that the resources of nations are not adequate to the reparation of such extensive losses as those which are commonly occasioned by wars and revolutions; and it would therefore be
contrary to the general good of society to establish a rule that there is a
strict obligation to repay such losses. It is better that there should be
individual sufferers than to admit a rule which would fetter the operations of government and distress the affairs of the community. Generosity and policy may, in particular instances, dictate such compensations.
Sometimes they have been made by nations, but much oftener omitted.
The propriety of doing the one or the other must depend on circumstances in which the ability of the public will always be a primary
consideration.'
I think, sir, I have by this time gone through all the arguments that
have been brought against the bill, and I hope satisfactoriiy refuted them.
I shall say a little in answer to the observations drawn from the examples of Roman magnanimity. Neither the manners nor the genius of
Rome are suited to the republic or to the age we live in. All her maxims and habits were military; her government was constituted for war.
Ours is unfit for it; and our situation still less than our constitution,
invites us to emulate the conduct of Rome, or to attempt a display of
unprofitable heroism.
One more observation will conclude what I have to say. The present
situation of our national affairs appears to me peculiarly critical. I know
not what may be the result of the disordered state of our government. I
am, therefore, the more solicitous to guard against danger from abroad.
Gentlemen who view our public affairs in the same light in which they
present themselves to my mind, will, I trust, vote with me upon the
present occasion. Those, on the contrary, who think all is well- -who.
suppose our Government is full of energy, our credit high, and trade and
finances flourishing -will probably see no room for ain'y anxiety about
the matter, and may be disposed to leave Vermont in its present state.
If the bill should fail, I hope they will never have occasion to regret the
opportunity they have lost.
As to the petitioners, I shall only say, that I have no reason to doubt
the purity of the motives with which they are actuated. With manay of
them I am too well acquainted to permit me to entertain any unfavorable impression of their conduct; but however their opinion of their own
rights or interests may have misled them in estimating the merits of the
question before the committee, I trust we shall be cautious how we suft
fer our judgment of a national question to be biassed or misguided by
the speciousness of the arguments, or appearances on which their opposition is supported.2
1 Mr. Hamilton, when Secretary of the Treasury, applied these principles to claims of the character indicated, of course disallowing them.
2 Hamilton's Works, Vol. II, 375-390.




_February Session of General Assembly, 1787.    465
Feb. 23, the bill passed in committee by a majority of ten;' and
on the 11th of April it finally passed the assembly, twenty-seven to
nineteen.2 " The question was taken at the end of the [foregoing]
speech, and the bill passed"3-a statement which probably referred
to the passage in committee. The bill failed in the senate.
_Free trade with the Province of Quebec granted.
April 18 Lord Dorchester issued a proclamation conceding free
trade between the Province of Quebec and the neighboring states,
except in spirits, manufactures, furs and peltry; and on the 30th,
the governor and legislative council of that province passed " an
act or ordinance for the importation of tobacco, pot and pearl
ashes, into this province, by the inland communication by lake
Champlain and Sorel."  Lord Dorchester prefaced the proclamation with a statement that the advantages of such a trade had been
represented to him, thus indicating that these were the fruits of
Ira Allen's negotiation in the preceding year.4
October Session of the General Assembly, 1787.
Oct. 11. The General Assembly met at Newbury, and on the
15th the record shows that the Governor in person asked and
obtained the leave of the House of Representatives to introduce a
bill:
Bill introduced by the Governor.
IN ASSEMBLY: Oct. 15. His Excellency the Governor, in behalf of the members of Addison County, requested leave to bring
in a bill for dividing the county of Addison into two distinct counties. The yeas and nays being required on the question, they are
as follows, viz: [names omitted; yeas 43, nays 32.]  So it passed
in the affirmative; and agreeable to leave, his Excellency brought
in a bill entitled " an act for dividing the county of Addison,
forming a new county and ascertaining the times and places of
holding courts in Addison and CHITTENDEN counties."
This unusual course was perhaps taken to intimate the gover1 Vermont Gazette, April 16, 1787. 2'Early History; 442, 443.
3 History of the Republic, &-c., 230-235, where Hamilton's age is stated
to have been thirty, and this argument as "' among the most able fragments of his eloquence which have been preserved."
4 Vermont Gazette, June 18 and 25, 1787.
59




466              Vermont from 1783 to 1791.
nor's wish in a matter which was eminently personal. The proposed new county embraced his home and was to bear his name.'
Proclamation for obedience to the Laws.
Oct. 20. Resolved, That this House request his Excellency
the Governor to issue his Proclamation, calling upon all the Good
People of this State to render their Strict Obedience to the Laws
thereof, and that all executive and informing officers be vigilant
in executing the said Laws; and that the same be Transmitted to
the Clerks of the Churches, to be read after Divine Service on
the next thanksgiving Day; and where there is no Ministers, to
the Town Clerks.2
Widow and Ieirs of Seth Warner.
Oct. 20. The committee to whom was referred the petition of
Hester Warner reported: " That the stating of the petition is
true, and that there be granted to the petitioner and the legal heirs
of Col~. Seth Warner, 2000 acres of land without fee for granting
the same;" which was read and accepted, and thereupon
Resolved, That there be and hereby is granted unto Hester
Warner, widow of Col~. Seth Warner, deceased, two thousand
acres of land in the northerly part of this State, at the expense of
the State; that the Governor and Council be requested, on receiving a return of such survey, to grant a charter of such land to
the said Hester and heirs of the deceased without fee or reward.2
State Finances.-Accounts of Ira Allen as State Treasurer.
Oct. 20. The Auditors of Public Accounts reported the following " Stating of the late Treasurer's accounts so far as they have
been able to compleat a settlement."  The report embraced Ira
Allen's accounts-it is supposed for the entire term of his office,
1778 to 1786, though no dates are stated in the report; but the
account of Treasurer Mattocks [recorded Mattucks] was not settled on account of his sickness. The following is the tabular
statement:
STATE OF VERMONT, in account with Ira Allen, Esq., Treasurer.
Dn.               CONTINENTAL MONEY.
To cash paid on Pay-Table orders, &c., vouchers produced, ~138625 4 4
To do. paid Commissioners, &;c., &c., as per receipts......  57466 16 5
To cash in the  Treasury...............................  1252 12  0
~197344 12 9'Ms. Assembly Journal, Vol. III, 179. 2 Same, 204.




February Session of G(eneral Assembly, 1787.          467
LAWFUL MONEY.
To cash paid on Pay-Table orders, &c., vouchers produced, ~102293 16 7
To cash paid Commissioners, &c., as per receipts........  14029 1  9
To State Notes in the Treasury........................  14277 3 11
~130590  2 3
HARD MONEY.
To cash paid on Pay-Table orders, &c., vouchers produced, ~7773 7 2
To hard money orders in the Treasury..................  4345 5 6
To cash p'd Surveyor General, &c., per receipts.........  279 1 6
To cash  p'd Int. on  State notes.........................  1211  16  1
~13609 10 3
CR.                  CONTINENTAL MONEY.
By cash received of Commissioners, &c., per books...... ~190433  6 4
By ballance due to Colo. Allen........................   6911 6 5
~197344 12 9
LAWFUL MONEY.
By. cash received of Land Committee, &c., per books...... ~66815 13 8
By State notes issued.................................  24750 8 7
By cash received on the several taxes..................  38536 17 11
By ballance due to Colo. Allen........................   487 2 1
~130590  2 3
HARD MONEY.
By cash received on hard money taxes..................  7411 2 7
By hard money orders issued.........................   6198 7 8
~13609 10 3
The Auditors also reported and certified:
That we have compared all the checks that we have obtained from the
late Auditor and others against him [the Treasurer], and find that he has
credited the State in every particular agreeable to the several checks
compared.
We also beg leave to report the following stating of the several taxes
granted up to the 25th of April, 1787, except the taxes granted last
October.
Amount of all the Lawfil money taxes.................. ~46369 18 10
Amt. of money received of Colo. Allen, Treas., on the
aforesaid taxes........................38536 17 11
Amt. of collection fees, abatements and commissions, certificates, &c..............  6008 7 3
44545 5 2
Leaving due on the lawfil money taxes.................   1824 13 8
Amount of hard money taxes..........................   ~9236 5 9
Amt. of money received on said taxes...... ~7411 2 7
Amt. of collection fees and abatements....  475 19 10
7887 2 5
Leaving due on the hard money taxes.                     1349  3 4




468               Vermont from 1783 to 1791.
We also beg leave to report the amount of State notes and hard money
orders issued up to the 25th of April, 1787; also the amount in the
Treasury and the amount in circulation up to said day.
Amount of State notes issued..........................  ~24750  8  7
Notes in the Treasury.............................  14277 3 11
Leave in circulation............................... ~10473 4 8
Amount of ITard money orders issued..................  ~6198 7 S
Orders in  the  Treasury................................  4345  5  6
Leave hard money orders in circulation................. 1853 2 2
We also beg leave to inform your Honors that we have compleated a
settlement with John Fassett, Esq., Commissioner of Sales, and find that
he has Treasurer's receipts to balance his accounts. And we would also
inform your H-onors that the Commissary-General has not compleated a
settlement of his accounts, and that he has on hand a large sum of money
that he has collected on provision taxes, which he has neglected to pay
into the Treasury.
JOIIN STRO:NG,
SA1MUEL MATTOCKS, A Audcitors.
iRoSL. HOPINS,    )
Newbury, October 19,1787.
Although the accounts of Treasurer Mattocks were not settled,
the Auditors examined them to date, and reported due on lawful
money taxes ~2408-9-11; State notes in circulation, ~ 9627-2-8;
leaving in circulation when the taxes were paid, about ~471812-9.  Due on hard money taxes ~1822-9-6; hard money orders
in circulation ~1527 —19-18, which, when the hard money taxes
were paid, would leave in circulation ~205-10-2.'
-Encouragement to Sheep-raising and the maniufacturing of Linen.
The fifth section of an act directing listers in their office and
duty, passed Oct. 26, 1787, made it the duty of the listers to deduct from each person's list two shillings for every pound of wool
raised during the year, and one shilling for every yard of linen or
tow cloth made 2
New Influences on the Controversy between N. York and Vermont.
By the ratification of the Constitution of the United
1788.  States by New Hampshire, June 21, 1788, the adoption
of that instrument the consequent change in the national gov-'Ms. Assembly Journal, Vol. III, 206-208.
2 The same policy was indicated by an act of 1789, which exempted orchards from the list for twelve years, if forty trees were planted and kept
growing on an acre.




Settlement of the Controversy with New York.    469
ernment were assured. Virginia ratified the Constitution on the
26th of June following, and New York on the 26th of July. This
great event had a powerful influence on the Vermont question, in
Vermont and New York particularly, but also in the country at
large. In July 1788 Kentucky, with the consent of Virginia, had
made application for admission to the Union, and the question
had been deferred to the new U. S. government for decision, and
it was assumed that it would be promptly attended to. " One of
the first subjects of deliberation with the new Congress will be
the Independence of Kentucky, for which the Southern States will
be anxious. The Northern will be glad to send a counterpoise in
Vermont."'   At the same time the question was pending in Congress, then in session at New York city, as to the place where the
new government should be called. The decision of this question
would at least be an intimation as to the location of the future
capital of the country, and in any event New York was deeply
interested and anxious to have all possible assistance on that
question. The South and West would be naturally adverse to
New York, while Pennsylvania was for its own great city, Philadelphia. Thus New York depended on the North and East, and
in the North was Vermont, whose good will and aid would be valuable. There was therefore a stronger desire than ever among
leading New York men,- particularly those politically opposed
to Vermont's inveterate foe, Gov. Clinton - for a settlement of the
controversy and the admission of Vermont to the Union.2 The'Alexander HIamilton to Nathaniel Chipmzan, post. Mr. HIamiilton had
himself made a report, 3c June, 1788, that " the District of Kentucke be
erected into an Independent State, and the act for its admission into the
Union," which was deferred in consequence of information that nine
States had ratified the Constitution.- J. C. Htamilton's History of the
Republic, Vol. III, 481.
2Early History, 444. Eastern Vermont, 557, 558. The Vermont Gazette [Bennington] of July 7, 1788, published an extract of a letter from
a respectable gentleman in New York to another in Bennington, representing the time as highly favorable to the admission of Vermont, to balance that of Kenztuc7cy, to which the Southern members were favorable;
and the next number, July 14, 1788, contained copies of the journals of
Congress of June 2 and 3, 1788, relating to Kentucky and favorable to
her admission.




470             Vermont from 1783 to 1791.
same event served also to change the disposition which had prevailed in Vermont since 1783, to remain an independent state
until the government of the nation had become settled upon an
acceptable and reliable basis.I The danger in Vermont then was
not, so much as it had been, that the federal government would
compel her to submit to the jurisdiction of New York, but that,
if admitted to the Union without a settlement of the land questions, the New York titles would be confirmed by the federal
court. Daniel Chipman thus wrote of this period:2
When, in the summer of the year 1788, it became evident that
the constitution of the United States would be adopted by all the
other states, and a national government established, the attention
of the most intelligent men in the state was called to the peculiar
situation of Vermont. To remain a small independent state, between the United States and the British province of Quebec, was
not to be thought of, and to join the union, our controversy with
New York remaining unsettled, and to subject our landed titles to
the decision of the federal court, was considered by many to be
extremely hazardous. Nathaniel Chinman was always fearful
that, if the question should ever be brought before an impartial
tribunal for decision, the New York title would be adjudged the
better title.3 He had, therefore, been opposed to the granting of
lands by this state, which had before been granted by New York.
Having this view of the subject, he felt extremely anxious to
devise some means by which the controversy with New York
might be speedily adjusted. And in the early part of July, a
number of gentlemen, among whom were the late Judge [Lewis
R.] Morris, then of Tinmouth, and the late Judge [Gideon] Olin,
of Shaftsbury, met at his house in Tinmouth to hold a consultation
on the subject, and they took this view of it. They said that
Hamilton, Schuyler, Harrison, Benson, and other leading federalists4 in New York must be extremely anxious to have Vermont
join the union, not only to add strength to the government, but to
increase the weight of the northern and eastern states. This was,
1 Ira Allen in Vt. Hist. Coll., Vol. I, 468; Williams, Vol. II, 252, and
ante, 336.
2Life of Nathaniel C/hipnan? 70, 71.
This fear was reasonable as to all New York grants madce previous to
the Order of the King in Council, July 24, 1767. These grants covered
about two hundredl and fifty thousand acres.-Vt. Hist. Coll., Vol. I,
145-160.
4The word then only indicated supporters of the U. S. constitution.




Settlement of the Controversy with New York.   471
therefore, the most favorable time for settling the controversy with
New York, and it was agreed that Nathaniel Chipman should
write to Hamilton on the subject. As the convention was then
sitting or about to convene at Poughkeepsie for the adoption of
the United States constitution by New York, of which [Alexander]
Hamilton, [Philip] Schuyler, [Richard] Harrison, and [Egbert]
Benson were members, it was concluded to send the letter by express.' The letter was delivered to Hamilton while attending
the convention, to which he returned an answer by the express.
The correspondence thus introduced was as follows:
Nathaniel Chipman to Alexander Hamilton.2
TINMOUTH, July 15, 1788.
Sir: —Your character, as a federalist, although personally unknown to you, induces me to address you on a subject of very
great importance to the state of Vermont, of which I am a citizen,
and from which, I think, may be derived a considerable advantage
to the federal cause. Ten states having adopted the new federal.plan of government, that it will now succeed is beyond a doubt.
What disputes the other states may occasion, I know not. The
people of this state, I believe, might be induced almost unanimously to throw themselves into the federal scale, could certain
obstacles be removed. You are not unacquainted with the situation of a very considerable part of our landed property. Many
grants were formerly made by the government of New York, of
lands within this territory while under that jurisdiction.  On the
assumption of government by the people of this state, the same
lands, partly it is said for want of information respecting the true
situation of these grants, and partly from an opinion prevailing
with some of our then leaders, that the New York grants within
this territory were of no validity, have been granted to others
under the authority of this state.
It is now generally believed, that, should we be received into
the union, the New York grants would, by the federal courts, be
preferred to those of Vermont. The legislature of this state have
in some instances made a compensation to the grantees under New
York; and I am persuaded would do the same for others were it
in their power, but they are in possession of no more lands for
that purpose. For these reasons, and I presume for no others, the
governor and several gentlemen deeply interested in these lands
Daniel Chipman was the bearer of the letter, and the persons named
above were at Hamilton's quarters when it was delivered. Hamilton's
reply was doubtless the result of their conference.
2 Life of Nathaniel Chipman, by Daniel Chipman, 74.




472             Vermont from 1783 to 1791.
granted by Vermont, have expressed themselves somewhat bitterly
against the new federal plan of government. Indeed, were we to
be admitted into the union unconditionally, it would produce much
confusion. Now, sir, permit me to ask whether you do not think
it probable that the federal legislature, when formed, might, on
our accession to the union, be induced on some terms, to make a
compensation to the New York grantees, out of their western
lands, and whether those grantees might not be induced to accept
such compensation? Let me further suggest, whether it might not
be favorable for Vermont to make some of those amendments,
which have been proposed by several states, the basis of her admission?
Could the difficulties I have mentioned be removed, all interests
in opposition would be reconciled; and the idea of procuring justice to be done to those whom we had, perhaps, injured by our too
precipitate measures, and of being connected with a government
which promises to be efficient, permanent and honorable, would, I
am persuaded, produce the greatest unanimity on the subject. If
you think these matters worthy the attention of the friends of the
confederacy, be good enough to write by my brother, who will be
the bearer of this. Our legislature will meet in October, when
these matters will be taken up seriously. Several gentlemen of
my acquaintance, who are men of influence and will be members
of the legislature, have requested me to procure all the information in my power on this subject. Anything which you may suggest to me in confidence will be sacredly attended to, of which
Mr. Kelley, who writes by the same opportunity, will give you the
fullest assurance.
I am, with great respect,
Your obedient, humble servant,
NATHANIEL CHIPMAN,
Mr. Hamilton.
Alexander Hamilton to Nathaniel Chipman.
POUGHKEEPSIE, July 22, 1788.
Sir:-Your brother delivered me your letter of the 15th inst.
which I received with pleasure, as the basis of a correspondence
that may be productive of public good.
The accession of Vermont to the confederacy is doubtless an
object of great importance to the whole; and it appears to me
that this is the favorable moment for effecting it upon the best
terms for all concerned. Besides more general reasons, there are
circumstances at the moment which will forward a proper arrangement. One of the first subjects of deliberation with the new
congress will be the independence of Kentucky, for which the




Settlement of the Controversy with New York.  473
southern states will be anxious. The northern will be glad to
find a counterpoise in Vermont.  These mutual interests and
inclinations will facilitate a proper result.
I see nothing that can stand in your way but the interfering
claims under grants of New York. As to taxation, the natural
operation of the new system will place you exactly where you
might wish to be. The public debt, as far as it can prudently be
provided for, will be by the western lands, and the appropriation
of somen general fund. There will be no distribution of it to particular parts of the community. The fund will be sought for in indirect
taxation; as, for a number of years, and except in time of war,
direct taxes will be an impolitic measure. Hence, as you can
have no objection to your proportion of contribution as consumers, you can fear nothing for the article of taxation.
I readly conceive, that it will be scarcely practicable for you to
come into the union, unless you are secured from the claims under
New York grants. Upon the whole, therefore, I think it will be
expedient for you, as early as possible, to ratify the constitution,
upon condition that congress shall provide for the extinguishment
of all existing claims to land under grants of the State of New
York, which may interfere with claims under the State of Vermont.
You will do well to conform your boundary to that heretofore
marked out by congress, otherwise insuperable difficulties would
be likely to arise with this state. I should think it altogether unadvisable to annex any other condition to your ratification. For
there is scarcely any of the amendments proposed that will not
have a party opposed to it; and there are several that will meet
with a very strong opposition; and it would therefore be highly
inexpedient for you to embarrass your main object by any collateral difficulties. As I write in convention, I have it not in my
power to enlarge.
You will perceive my general ideas on the subject. I will only
add, that it will be wise to lay as little impediment as possible in
the way of your reception into the union. I am, with much esteem, sir, your obedient, humble servant,  A. HAMILTON.
Mr. Chipman.
John Kelly (of New York) to Gov. Uhittenden.'
RUTLAND, STATE OF VERMONT, 23d August, 1788.
Mlay it please your Excellency:-Three gentlemen of undoubted
veracity and honor, who have stood forth for and publicly distinguished themselves as Friends to Vermont, are desirous to know
1 Original in possession of the Vermont HIistorical Society.
60




474             Vermont from 1783 to 1791.
upon what conditions this State would come into the union, being
sensible that the present divided and truly unfortunate Situation
of public affairs in some of the States would afford them an opportunity of exerting their influence in behalf of Vermont, and
thereby render her such essential Service as they could not at any
other period or in any other Situation be able to effect.
The Situation in which these Gentlemen at present stand with
the Pliblic, rendered a communication on their part improper. I
have therefore been directed to Request such information on this
subject, as will enable them to Serve the Interest of your Excellency's State, Relying that the same degree of prudence and
Secresy which has hitherto distinguished the negotiations of Vermont will on this occasion be attended to.
Before I conclude, permit me to Observe, that I have suggested
to these Gentlemen, that if Congress would exonerate Vermont
from the payment of all Taxes incurred in consequence of the
exigencies of the late War, and prevail on those claiming lands in
Vermont under the New York Title, whe had not been chartered
by New Hampshire, to accept of a compensation from Congress in
Wild Land to the Westward, in lieu of their Claims, I believed it
would meet the wishes of the State of Vermont; to which Colonel
Hamilton (who is one of the Gentlemen above alluded to) Replied,
that he had no doubt of being at present able, with the assistance
of his friends, to obtain such favorable Terms for the Citizens of
Vermont, as would effectually secure their property and relieve
them from all Taxes on account of the War, if he could only be
informed on what Terms Vermont would consent to come into the
union. The other Gentlemen concurred in the same Opinion.
If your excellency should have any commands for Doctr. Johnson, Colonel Hamilton, Mr. Jay [Mr. Jay's name written and
erased] or Mr. Mitchell, I shall with pleasure deliver the same,
and bring back such answers as I may receive from these Gentlemen or any of them before the meeting of the Legislature. I have
the honor to be, your Excellency's most obed't. servt.
JOHN KELLY.
His Excellency, Governor Chittenden.
William Blodgett to Gov. Chittenden.1
NEW HAVEN, [Conn.] Sept. 10, 1788.
Sir -As the federal constitution is on the eve of being
adopted, and it having been a subject of cogitation -- Whether
Vermont ought to make application prior to this event or after,
for an admission into the union," I have taken all opportunities
with men of abilities to discourse [with] them on this subject. I
1Original in possession of Vermont I-istorical Society.




Settlement of the Controversy with New York.  475
have freely agitated the subject with the governor and delegates
of this state, and they seem full of opinion, that the two powerful
fears which we are apprehensive of,- exemption from Taxes prior
to our recognition, and the ratification of our territory under our
desired claim-will be admitted. In a litigation with Mr. Edwards
(now gone to Congress) he said he would venture to assure us of
this security, and would do all in his power to have the matter
agitated in Congress. But as it will be impossible in the nature
of things that Congress should make overtures to Vermont, I cannot see the impropriety of our delegates going to New York and
fully sifting the members of Congress as to these two objects.
Froml  a general principle which I find operating in the minds
of most people, it inclines me to think that Congress as a body
wish us to make overtures to them. They say we have neglected
this application almost beyond the day of redemption, that the
eastern states will co-operate with the southern from a principle
that we pin our faith upon the sleeve of Canada, an idea which
you are sensible is highly disgusting to all parties; and that self
confidence which we seem to possess from our peculiar location
may eventually be a bane to our state; and that the energetic
powers of the new Congress may very much alter the face of our
standing on our present claims. Some have advised our junction
at all events, and think as to public debt, should Congress claim
our proportion, will estimate our numbers low and not insist on
vouchers for all our expenditures, and that of course we can balance accounts, but this I conceive is too great a risque to be tampered with. The idea of our having been universally attached to
the cause of the United States, and having been considered as a
great Barrier in the late war, operates much in our favor.
I thought it my duty to communicate this information to your
Excellency, and shall all other which may concern the people of
Vermont. I. am nCw on the business of getting my map engraved,
and expect it will be finished by the middle of November. I have
the honor to be your Excellency's obt. servt,  WM. BLODGETT.
His Excellency, Gov. Chittenden.
Wm. Samuel Johnson to Gov. Chittenden.'
NEW YORK, October 3d, 1788.
Sir:-I am happy to find by Mr. Kelly on his return from Vermont, that your Excellency and Council, as well as all other influential characters with whom he conversed, are well disposed towards the new constitution of the United States, and would, he thinks,
wish to come into the confederacy on terms which you conceive to
1 Original in possession of' Vermont Historical Society.




476             Vermont from 1783 to 1791.
be proper. This being the case, I cannot but take the liberty to
suggest to you, that it really appears to me that this is the favorable moment for effecting it upon the most advantageous terms for
all concerned. Besides more general reasons, there are circumstances of the moment which will forward the business extremely.
One of the first objects of deliberation with the new Congress
will probably be the independence of Kentucky, for which the
southern states will be anxious. The northern will therefore be
glad to find a counterpoise in Vermont. I could mention many
other circumstances if it were necessary, but I apprehend it will
be sufficient to say, that I am well assured that the mutual interests and inclinations of the states will at this juncture particularly
facilitate a proper result. Upon the whole, therefore, I think it
will be highly expedient for you as early as possible to call a convention to ratify the constitution.
Mr. Kelly has mentioned to me that you are anxious to have
your west boundary defined as you now possess it, and he fully
explained your reasons therefor, which are cogent. I am also
well aware of all the other objects you have in view, but conceive
you need not be uneasy about particular circumstances, as I believe
full and ample justice may now be rendered you.
I therefore apprehend it would not be advisable to encumber
the assent of the people to the constitution with particular limitations and restrictions, but let it be in general terms, and then to
authorize such gentlemen as the state can place an entire confidence in, to negociate the particular terms of admission.
As I am obliged to leave town.immediately, I have it not in my
power to enlarge; you will perceive my general ideas on the subject. I will only add that it will be wise to lay as few impediments as possible in the way of your reception into the union, and
beg you will remember that this is the favorable moment for you,
and such another will in all probability never again offer.
I was extremely unhappy that I could not, when lately in Vermont, have an opportunity to pay you my personal respects, and to
assure you of the great affection and esteem with which I am
always your Excellency's most obedient humble servant,
WM. SAML. JOHNSON.
Alexander Hamilton to Nathaniel C7hipman.
[Late in September or early in October, 1788.]1
Sir:-Your favor of the sixth of September has been duly
handed to me, and I receive great pleasure from the hopes you
appear to entertain of a favorable turn of affairs in Vermont in
1 J. C; cHamilton's Hrist. of the Republic, 533.




Settlement of the Controversy with New York.  477
regard to the new government. It is certainly an object of mutual importance to yourselves and to the union, and well deserves
the best endeavors of every discerning and good man.
I observe with satisfaction your opinion that Vermont will not
make a point of introducing amendments, (I mean as a condition
of their accession.)  That ground would be the most hazardous
which she could venture upon, as it is very probable that such
amendments as might be popular, with you, would be deemed
inadmissible by the friends of the system, who will doubtless be
the most influential persons in the national councils, and who
would rather submit to the inconvenience of your being out of the
union till circumstances should alter, than consent to anything
that might impair the energy of the government.
The article of taxation is, above all, the most delicate thing to
meddle with, for a plenary power in that respect must be considered as the vital principle of government; no abridgment or constitutional suspension of that power can ever, upon mature consideration, be countenanced by the intelligent friends of an effective
national government. You must, as I remarked in my former
letter, rely upon the natural course of things, which, I am satisfied, will exempt you, in ordinary times, from direct taxation, on
account of the difficulty of exercising it in so extensive a country,
so peculiarly situated, with advantage to the revenue, or satisfaction to the people. Though this difficulty will be gradually diminished, from various causes, a considerable time must first elapse;
and, in-the interim, you will have nothing to apprehend on this
score.
As far as indirect taxation is concerned, it will be impossible to
exempt you from sharing in the burthen, nor can it be desired by
your citizens. I repeat these ideas to impress you the more
strongly with my sense of the danger of touching this cord, and
of the impolicy of perplexing the main object with any such collateral experiments; while I am glad to perceive that you do not
think that your people will be tenacious on the point.
It will be useless for you to have any view in your act to the
present congress; they can, of course, do nothing in the matter.
All you will have to do will be to pass an act of accession to the
new constitution, on the conditions upon which you mean to rely.
It will then be for the new government, when met, to declare
whether you can be received on your terms or not.
I am sorry to find that the affair of the boundary is likely to
create some embarrassment. Men's minds everywhere out of your
state, are made up upon, and reconciled to that which has been
delineated by congress. Any departure from it must beget new
discussions, in which all the passions will have their usual scope,




478             Vermont from 1783 to 1791.
and may occasion greater impediments than the real importance
of the thing would justify. If, however, the further claim you
state, cannot be gotten over, with you, I would still wish to see
the experiment made, though with this clog; because I have it
very much at heart that you should become a member of the confederacy. It is, however, not to be inferred that the same disposition will actuate every body. In this state the pride of certain
individuals has too long triumphed over the public interest, and in
several of the southern states a jealousy of northern influence
will prevent any great zeal for increasing in the national councils
the number of northern voters. I mention these circumstances,
(though I dare say they will have occurred to you,) to show you
the necessity of moderation and caution on your part, and the
error of any sanguine calculation for a disposition to receive you
at any rate. A supposition of this nature might lead to fatal mistakes. In the event of an extension of your boundary by another
congressional will, would it be impracticable for you to have commissioners appointed to adjust any difference which might arise?
I presume the principal object with you in the extension of your
boundary, would be to cover some private interests. This might
be matter of negotiation. There is one thing which I think it
proper to mention to you, about which I have some doubts, that is,
whether a legislative accession would be deemed valid. It is the
policy of the system to lay its foundation on the immediate consent of the people. You will best judge how far it is safe or
practicable to have recourse to a convention. Whatever you do,
no time ought to be lost. The present moment is undoubtedly
critically favorable. Let it by all means be improved.
I remain, with esteem, sir,
Your obed't and humble serv't,
A. HAMILTON.''Life of Nathaniel Chipmcan, 78; Hist. of the Republic, Vol. III, 531-535.
Daniel Chipman added to this correspondence the remark, that "in the
winter following, Mr. Hamilton and Mr. Chipman had an interview at
Albany, when they took a view of the subject somewhat different from
their views which appear in the foregoing correspondence, and agreed on
a mocde of settling the controversy, which woas afterwards adopted by the two
States." —Life of X. Chipmran, 81. Alexander Hamilton was clearly the
master-spirit in New York who brought about the settlement of the
question in favor of Vermont. There was one bond of personal sympathy between the leading Vermonters and Hamilton, and that was dislike
to Gov. Clinton, of whose opposition to the U. S. constitution Hamilton
said, he " wishes to establish CLINTONISM on the basis of ANTIFEDERALIStM."-Hist. of the Republic, Vol. iI, 507.




October Session of General Assembly, 1788.    479
Oct. 9. The General Assembly met at Manchester, and on the
13th the House adopted the following novel resolution for the
orderly dispatch of business:
Legislative Monitors appointed.
Resolved, that two persons be appointed MONITORS, whose duty
it shall be to see that the rules of the House are observed; and it
shall also be the duty of the first chosen to serve as Speaker in
the absence of the Speaker of the House. Members chosen, Stephen R. Bradley and Luke Knowlton, Esquires.Agents to Congress appointed and instructed.
Oct. 22. IN GRAND COMMITTEE of both Houses: AMoses Robinson, Ira Allen, and Jonathan Arnold were elected Agents to Congress.2
IN GENERAL ASSEMBLY: Oct. 25.     Resolved, that it be the
duty of the Agents to Congress to use all due diligence to remove
every obstacle to the mission [or admission, the word is doubtful]
of this State to the Federal government.3
Gtov. Chittenden and Ira Allen arraigned.
At this session occurred an exciting legislative episode, which
would make an interesting chapter in the history of personal or
party contests in Vermont, but a full account cannot be given in
this paperi except to the exclusion of matter more pertinent to its
design. Gov. Chittenden was arraigned and severely censured
by the Assembly, for issuing to Ira Allen, privately and irregularly,
a charter for a town then called " Woodbridge." The Council
non-concurred and proposed that Allen should cancel the charter.
To this the Assembly consented, but directed the clerk to enter its
censorious action on the journal, thus securing publication. This
sufficiently indicates the animus of the proceeding. In fact Allen
was equitably entitled to the township; and Chittenden gave the
charter to protect Allen from injustice by the Assembly, taking a
bond ample for indemnity. It was another instance of Chittenden's " strong sense of equity" overcoming " the technical niceties
lMs. Assembly Journal, Vol. III, 257. 2 Council Journal, Vol. I, 427.
3Ms. Assembly Journal, Vol. III, 307.




480              Vermont from 1783 to 1791.
of the law."' In this case he was as thoroughly honest in intention as he was daring in deed. This assault effected Chittenden's
defeat at the next election, 1789; but when the affair became fully
known, in 1790, public confidence was fully restored to the governor, and it was continued by successive annual elections until
his death in 1797.1
Ira Allen excused, as Agent to Congress.
Oct. 24. On motion of Dr. [Lemuel] Chipman,
Resolved, That Col~. Ira Allen be and he is hereby excused
from the business of the agency to which he was appointed in
Grand Committee on Wednesday last.
Resolved, That his Excellency and Council be requested to
join in Grand Committee to choose an agent to Congress in the
room of Col~. Ira Allen, who has been excused from serving by a
vote of this House.
In Grand Committee, Isaac Tichenor was elected to fill the vacancy thus created.2
Mllemorial of John Jay and others to the New York Legislature, in
favor of Vermont.3
1789  To the Hon. the Legislature of the State of New York,
the Memorial of the subscribers, citizens of the said
F eb. 13.
state, Humbly Sheweth,
That in the opinion of your mnmorialists, and (as they have
reason to believe) of their fellow citizens in general, the present
situation of the district called Vermont, and the peculiar disposiMs. Assembly Journal, Vol. n, 543, and Council Journal, Vol. I, 239,
240; Ms. Assembly Journal, Vol. III, 206-209, 240, 241, 296-298, 310, 311;
VTermont Gazette, Aug. 3-24, 1789, and Feb. 15, 1790.
2 Ms. Assembly Journal, Vol. IIT, 302. Ira Allen made no allusion to this
event in his history, and the editor can only say that it does not appear
from the journal that he formally requested or privately signified a desire to be excused. Probably he did not, but he had occasion to be displeased by an act of the I-ouse on the preceding day. IHe had desired a
copy of all his accounts as Treasurer. A rider was moved, to wit, " at
the expense of said Allen. On the question for the amendment, the yeas
and nays being called for by Col. Allen, were as follows: [yeas 63, nays 8
-Col. Alien not voting,] so it passed in favor of the amendment." —Ms.
Assembly Journal, 293. There was mutual distrust and dissatisfaction between a majority of the Assembly and Allen at that time, owing to his
many offices and long accounts waiting final settlement.
Clinton Papers.  Ms. copy of Memorial in possession of Vt. H-ist, Soc.




Settlement of the Controversy with New          York.         481
tion and circumstances of its inhabitants strongly oppose a reunion under the government of this state, and that from such an
event, even if it could without much difficulty be effected, no important advantages would result to New York.
That these considerations united with others of more general and
national concern, concur to render your memorialists exceedingly
desirous to see proper and constitutional measures taken for securing the said district unto the American confederacy as a free and
independent state.
That to this end your memorialists take the liberty of suggesting to your Hon. body the expediency of appointing commissioners with full powers to treat of and agree to the independence of
that district on such terms as may appear to them         just and liberal
and conducive to the general good.
That although your memorialists are interested in lands in the
said district, and in several instances have well-founded claims on
the justice of this state, yet they will be content to receive justice
in any manner which the nature of the case and the situation of
public affairs may point out as most expedient.
Your memorialists therefore humbly pray, that the subject may
be taken into consideration, and such measures thereupon adopted
as may appear most conducive to the honor and interest of this
state, whether considered in its individual capacity, or as a member of the Union.
And your memorialists shall ever pray, &c.
John Jay,                 Benj. Stout,             John Leake,
John1 Rogers,             Benj. Judah,             Thos. Ellison,
IHamilton Young,          Mrs. Leighit,             Ann McAdam, by her Att'y Rd.
Hugh Gain,                *Joln B1ard, Jr.,           Varick,
Robert Troup, Att'y to Char- *John lhawrence,      Elizabet Graham
lotte Hicks, widow,    Sam'l Landon,             Malicha Treat,
JolhnK elly,              Ricllard Norwood,       IHery Clhapin, for lhimself
Thloplilact Bach1e,      *Elias Nixon,               and leirs of V m. Neat, sq.
Thos. Gregg, Att'y to Henry Chas. Nixon, for *John.lohn-  dec'd, 
Sadler,                 soln his Att'y, and for the Rev. Joseph lJuldevin(e,
Johnl Mason,               *Thos. Clark,           *Gerardl l)Dtvyclki,
Alex'r Robertson,         Marinus Willett,         Frederick Rhinelacnder,
John Lindsay,             Jacol) Leonard, for Mrs. Val- WVm. Duer,
John Willson,                elltill,              Ilerclles Mulligain,
John Shaw,                Ned McKenzie,             I)Daiel Nevin,
Thos. Stewart, by his Att'y Jolhn t James Abeel,   Nicholas Crger,
Shaw,                  Jolin Artllnr,           *l(ter Kembls,
Alex'r I. Hamilton,       G;erard Waslton,         Oliver Templeton,
Win. Cockburns, for MArs. Mar- Gerard Walton, Ex'r of Jacob Mary BecCkliImn,
quett Livingston of Cler-  Walton,               Garret Abel,
mo111t,                *WT1. Walton,            Edminnd Bardlen,
*Wns. Cockbirn,           Robert Boyd,             John Cozile,
John Franklin,            Jacob Walton,            SaInl' B. Webb,
San'l Osgood,             Joseph Itallett,         Nicholas C. Bogart,
Daniel McCormlick,        Henry Refi-sen,          Francis Grooll.
*Samnuel Bard,            Sanm'1 Traverse,
New York, Feb. 13, 1789.
Feb. 27.    The New York Assembly passed a bill, on the yeas
and nays, forty to eleven, declaring the consent of the legislature
of that State to the erection of the district of Vermont into a
*Thlose thus marked were allowed claims by the N. Y. Courts,-Scc Early HIist. Vt., 510, 511.
61




482              Vermont from 1783 to 1791.
new State by the Congress of the United States; but it was defeated in the Senate.'
Exportation of Grain from Vermont forbidden.
IN COUNCIL: March 6, 1789, special session. His Excellency
opened the business of the Council by laying before them the distressed situation of the Inhabitants of the State for want of Grain,
and proposed that an Imbargo be laid to prevent the Exportation
of Wheat and other Bread Corn out of this State. Having spent
some time in debating on the subject, adjourned.2
On the 7th a resolution for the above purpose was adopted, and
Mr. Secretary Fay, Mr. Tichenor and Col. Lyon were requested
to draw an ordinance for the purpose; which was done, and the
ordinance was adopted and ordered to be published in the two
newspapers of the State. The exportation of grain was prohibited, on pain of forfeiture, from the 20th of March to the 18th of
April, with this proviso:
Provided nevertheless, this provision shall not extend to prevent, hinder or molest any of the citizens of the United States, or
those of the Province of Quebec, from conveying through any
part of this State, Wheat, Rye, Indian Corn, Barley, meal, or
flour, which they may have purchased in any of the United
States.3
Act of New York to negotiate with Vermont.
On the 6th of July, a bill was introduced into the Assembly of
New York for the appointment of commissioners to negotiate with
Vermont. On the 8th, the petition of John Jay and others, bearing date Feb. 13, 1789, and given herein as of that date, was presented; and on the 14th the bill became a law, as follows: 4
1Early History, 444. Assembly Journal of N. Y., Feb. 27, 1789.
2Council Journal, Vol. II, 447.'Vermont Gazette, March 9, 1789. The same number of the Gazette
contained this statement: "We are informed that his Excellency the
Governor of this State has now on hand near seven hundred bushels of
grain, for which he has refused the hard cash, deeming it his duty, in the
present scarcity, to keep it by him, for the use of the people of his government."
4Early History,445. Laws of New York, 13th Sess., 2.




Settlement of the Controversy with New York.         483
An act appointing Commissioners, with power to declare the consent
of this state of New York, that a certain territory within the jurisdiction thereof, should be formed or erected into a new state. Passed
July 14, 1789.
Be it enacted by the people of the State of _Yew Yorfk, represented in Senate and Assembly, and it is hereby enacted by the authority of the same:
That Robert Yates, Rufus King, Gulian Verplanck, Robert R. Livingston, Simeon De Witt, Richard Varick and John Lansing Jr. Esqrs. shall
be and hereby are appointed Commissioners, with full power to them, or
any four or more of them, in their discretion, as they shall judge the peace
and interest of the United States in general, and of this State in particular, to require the same, and on such terms and conditions, and in such
manner and form, as they shall judge necessary and proper, to declare the
consent of the legislature of this State, that such district or territory,
within the jurisdiction and in the northeastern and northern parts thereof,
as the said Commissioners shall judge most convenient, should be formed
and erected into a new State - and every act of any four or more of these
Commissioners hereby appointed, in the execution of the power aforesaid, shall be as effectual to every purpose as if the same had been made
an immediate act of the Legislature of this State. Provided always,
and it is hereby declared, That nothing in this act contained is intended or
shall be construed to give any person claiming lands in such district to
be erected into an independent State, any right to any compensation
whatsoever from this State.
New York Commissioners to Gov. Chittenden.1
Sir: -We do ourselves the honor of enclosing your Excellency a copy
of an act of the Legislature of the State of New York. You will be
pleased to miake such communication thereof as you may deem expedient, and to advise us of any measures which may be taken on your part
to effect the attainment of the objects it contemplates. Your communications addressed to us under cover of Messrs. Yates, De Witt and
Lansing, at Albany, we beg leave to assure you will receive the earliest
attention from your Excellency's most obedt. and very hum. servts.,
Rf OBT. LIVINGSTON,
ROBT. YATES,
Sioned'JOHN LANSING, jun7r.,
Si   Rufus KING,
GULIAN YVERPLANCIK,
Albany, July 16, 1789.                 L SIMEON DE WITT.
His Excellency, Thomas Chittenden, Esqidre.
October Session of the G-eneral Assembly, 1789.
Oct. 8, the General Assembly met at the meeting-house in Westminster.  Oni the same day the votes for state officers were
counted, and the committee reported that there had been no election of Governor by the people.2
Ms. Vt. State Papers, Vol. xxiv, 27.
2No statement of the votes cast was entered on the journals in the
early days of the government, but the fact only of an election, or failure
to elect. The Vermont Gazette of Nov. 2, 1789, contained the vote in




484              Vermont from 1783 to 1791.
IN GRAND COMMITTEE: Oct. 9, 1789. The Council having
joined with the Assembly in Grand Committee to choose a Governor for the year ensuing —His Excellency Thomas Chittenden,
Esqr., in the chair, Ros. Hopkins, Esqr., Clerk:
The ballots being taken, sorted and counted for Governor for
the year ensuing, the Honorable MOSES ROBINSON, Esqr. was
elected and declared Governor for the year ensuing.
Resolved, that the chairman of the Committee [Gov. Chittenden] be requested to inform the Honorable Moses Robinson, Esqr.
of his being elected Governor of this State for the year ensuing,
and to desire his attendance to the business of his appointment.
Resolved, that Capt. David Robinson be the Messenger from
his Excellency Governor Chittenden to the Honbl. Moses Robinson, Esqr.
The Committee then dissolved.
Attest,        Ros. HOPKINS, Clerk.'
The journal does not notice the fact that, on declaring the election of Mr. Robinson, Gov. Chittenden addressed the Grand Committee. He did, however, briefly, to the following effect:2
Gentlemen of the Council and Gentlemen of the House of Representatives:
I have had the honor to hold the important trust of your chief magistrate a number of years past, in the whole course of which I have endeavoured to serve the interest of the state to the best of my abilities;
and on my retiring to private life, can assure you, that I feel a consciousness of having discharged my duty with simplicity and unremitted
attention.
detail, to wit: Thomas Chittenden 1263, Moses Robinson 746, Samuel
Safford 478, Joseph Marsh 94, Ebenezer Marvin 87, Stephen R. Bradley
76, Jonathan Arnold 47, Isaac Tichenor 35, Gideon Olin 32, Paul Spooner
11, Nathaniel Niles 10, Alexander Harvey 8, Noah Smith 6, Joseph
Smith 5, Job Swift 4, John Strong 3, Timothy Brownson and Samuel
Mattocks each 2, Jonathan Robinson, Jonathan Hunt, Daniel Held
[Heald], Aaron Barlow and Joseph Wood one each -total number 2865.
Thus it seems that 1433 votes were required to elect, and that Gov. Chittenden fell short only 170 votes.'Ms. Assembly Journal, Vol. III, 3157 316; printed Journal of that Session, 6.'Vermont Gazette, Oct. 19, 1789. The same number contains the toasts
drank from " a cheerful bottle " furnished by order of Gov. Robinson to
the military, who escorted him some distance on his way to the Assembly. Among the fourteen toasts were these:
"A speedy union with the United States, on honorable terms."
"May tranquility and honor await governor CHITTENDEN on his retiring from the chair."




Settlement of the Controversy with New York.   4
Since I find that the election has not gone in my favor by the freemen,
and that you, gentlemen, would prefer some other person to fill the chair,
I can cheerfully resign to him the honors of the office I have long since
sustained, and sincerely wish him a happy administration, for the advancement of which my utmost influence shall be exerted.
I ardently wish you, gentlemen, happiness and prosperity; may the
blessing of heaven attend your useful deliberations, and render you subservient in all your public exertions to the best good of your constituents.
IN ASSEMBLY: Oct. 9. Resolved, that a committee of five be
appointed to prepare an address of thanks to the late Governor
for his past services. Members chosen, Mr. Hitchcock, Mr. Marvin, Mr. N. Smith, Mr. I. Allen, and Mr. Paine.I
The committee reported an address, and it was recommitted,
reported again, and laid on the table. Not until the 17th was the
address adopted, and then it was by yeas and nays -76 to 12.
By order of the House, the Speaker signed and communicated it
in the name of the representatives of the people. It declared the
satisfaction they felt in his administration; a grateful sense of the
many and good services he had rendered " as the supporter, guardian, and protector of their civil liberties;" and  a and all that a
noble and generous mind can give or wish to receive, their gratitude and warmest thanks." 
Oct. 14. His Honor the late Governor came into the House
[by request of the House] and communicated such letters and
advices as he had received from abroad, touching our situation
with the Federal Government of the United States.3
Oct. 16. Resolved, that this House join his Excellency and
the Council in Grand Committee on the business of appointing
Commissioners to treat with the Commissioners appointed by the
State of New York.
His Excellency the Governor and Council having joined with
the Assembly:
IN GRAND COMMITTEE, for the above purpose, his Excellency in
the chair, Roswell Hopkins, Clerk: an act entitled "An act appoiiting Commissioners with power to declare the consent of the
Legislature of this State of New York, that a certain territory
within the jurisdiction thereof, should be formed or erected into a
new State," passed July 15, 1789, was read. The question being
put, Whether this Committee would recommend to the Legislature
to appoint Commissioners, to treat with the Commissioners of the'Ms. Assembly Journal, Vol. HI, 316; printed Journal, 6.
Printed Journal, 29. 3 Same, 20.




486               Vermont from 1783 to 1791.
State of New York agreeable to said act? it passed in the affirmative.I
A sub-committee of seven was appointed to draft a bill, which
was reported on the 17th; and the Grand Committee recommended its passage, and immediately thereafter the Assembly
accepted the report. On the 19th the bill was sent to the Governor and Council for revision and concurrence, or proposals of
amendment; on the 20th amendments were proposed by the Council, one of them being to strike out the proviso to the act, which
was rejected, 64 to 29. Still again, on the 23d, the Council proposed the same with other amendments, which were again rejected
by the Assembly; and afterwards, on the same day, the Council
concurred with the Assembly, and the bill became a law, as follows: 2
An act appointing Commissioners for the purposes therein mentioned.
JIWHEREAS it is of consequence that the line between the State of
Vermont and the State of Newyork be ascertained and established,
and that certain obstacles to the admission of the State of Vermont
into union with the United States, should be removed: Which purposes to effect,
It is enacted by the General Assembly of the State of Vermont, That
Isaac Tichenor, Stephen R. Bradley, Nathaniel Chipman, Elijah Paine,
Ira Allen, Stephen Jacob, and Israel Smith, Esquires, be, and hereby
are, appointed Commissioners in behalf of this State, with full power to
them, or any four or, more of them, to treat with Commissioners that
now are, or hereafter may be appointed by the State of Newyork, and
who shall be fully authorized and empowered, by the said State of Newyork, to ascertain, agree to, ratify, and confirm, a jurisdictional or boundary line between the State of Newyork, and the State of Vermont: and
to adjust and finally determine, all and every matter or thing, which in
any wise obstructs a union of this State with the United States. And,
It is hereby further enacted, That every act or agreement of the said
Commissioners, or either four or more of them, made and entered into
and with certain Commissioners that now are, or hereafter may be appointed by the State of Newyork, in the execution of the powers aforesaid, shall be as effectual to every purpose, as if the same had been an
immediate act of the Legislature of this State.
Provided always, That nothing in this act shall be construed to give
the said Commissioners power to lessen or abridge the present jurisdiction of this State; or, in any wise oblige the inhabitants of the same, or
any other person or persons claiming title to lands heretofore granted by
this State, or the late province of Newhampshire, to relinquish their
claims under the jurisdiction thereof; or in any wise subject the State
of Vermont to make any compensation to different persons claiming
under grants made by the late province and now State of Newyork, of
1 Printed Journal, 27.
2 Printed Journal, 28, 29, 30, 38, 42, 44, 45, 51.




Settlement of the Controversy with New York.      487
lands situate and being in the State of Vermont, and within the jurisdiction of the same.1
Agents to Congress elected.
IN GRAND COMMITTEE: Oct. 27.      Isaac Tichenor, Stephen R.
Bradley and Elijah Paine were elected " Agents to transact the
negotiation of this State, with the Congress of the United States
of America, for admission into the federal government." 2
Correspondence of the Commissioners of Vermont and New York.
[Abstracts and Extracts.]
1790.   The preceding act of Vermont, Oct. 23, 1789, was
February. communicated to the New York Commissioners in November, who replied in December, inviting a meeting in New
York City, which was accordingly held in February following,
when the annexed correspondence occurred.     The documents,
from which this account was prepared by HILAND HALL, were furnished to him by HENRY STEVENS, in 1858.     The letters of the
New York Commissioners were originals, and those of the Vermont Commissioners were copies.     The extracts are indicated
by quotation marks.
Vermont Commissioners to New York Commissioners.
" NEW YORK, No. 151 Water Street, Feby. 9, 1790.
To the Honble. the Commissioners of the State of New York.
Gentlemen: —In pursuance of an act of the State of Vermont, passed
the 23d October 1789, which.we had the honor to communicate in November last, and in consequence of your letter to us of the 21st December,
we have arrived in this city, and are ready to receive any communications
fiom you on the subject of our appointment. With sentiments of esteem
we are your obedient and very humble servants,
ISAAC TICHENOR,
STEPHEN R. BRADLEY,
NATHL. CHIPMAN,
ELIJAH PAINE,
STEPHEN JACOB."
1Pamphlet Acts, 9. That this act was not entirely acceptable, is evident from the following pasquinade, published in the Vermont Gazette,
Jan. 25, 1790:
At Westminster, lately, the State of Vermont
After due consultation determin'd upon't,
That seven good men were sufficient to join
With New York to determine the government line,
Remove all obstructions and point out the way
For Vermont in the Union her star to display;
But alas! brother freemen, I fear it will prove
We have raised six or seven new blocks to remove.
2 Printed Journal, 59.




488               Vermont from    1783 to 1791.
New York Commissioners to Vermont Commissioners.
NEW YORK, No. 49 Smith Street, Feby. 9, 1790.
The New York Commissioners wish to meet the Vermont Commissioners at the city tavern at six o'clock this afternoon.
ROBERT B. LIVINGSTON,
ROBERT YATES,
RUFUS KING,
JOHN LANSING, Jnr.,
SIMEON DE WITT.
New York to Vermont Commissioners.
Feb. 10. Protesting that nothing in the manner of conducting the
negociation shall be construed into any relinquishment of the claims of
New York, unless a treaty be fully completed "by the admission of Vermont into the Union," they propose to treat on the following grounds:
1. " To consider the commissioners on the part of Vermont as acting
under the authority of an independent state.
2. " To treat with them on that footing relative to the boundary lines
of Vermont and New York.
3. "If we should agree upon such boundary lines, to relinquish the
claims of the State of New York to any territory within or jurisdiction
over any part of what shall, upon such settlement of the limits, be considered as the State of Vermont."
Vermont to New York Commissioners.
Feb. 10. They agree to the foregoing, " provided the vacating of grants
made by letters patent under the late province of New York, where the
same shall interfere with any grant or extend to any lands granted by the
State of Vermont, and the extinguishment of the claims of the patentees
under the same, be also a subject of the negociation."
Feb. 11. "In addition to our communication of yesterday, relative to
the patents under the late province of New York interfering with grants
which have been made by the State of Vermont, we conceive it our duty,
in order to prevent any misunderstanding or surprise, to mention that
such of the patents of New York and grants of New Hampshire as interfere, or cover the same lands, are also to be an object of the negociation."
New York to Vermont Commissioners.
Feb. 11. They submit to the Vermont commissioners "whether your
powers authorize you to relinquish the claims of the grantees of lands
under Vermont, or to stipulate a compensation for an extinguishment of
the interfering claims of the grantees under New York. If not, we conceive that we are obliged to confine our negociations to the points mentioned in the second and third propositions which we have heretofore
laid before you."
Vermont to New York Commissioners.
Feb. 12. They think their powers sufficient, but it has been mutually
agreed that the present negociation shall not be binding, unless it terminates in the admission of Vermont into the Union, and they propose to
proceed with the negociation until they find obstacles to a further progress, if any.
New York to Vermont Commissioners.
Feb. 12. They are not satisfied with the powers of the Vermont Commissioners to treat in regard to compensation for the relinquishment of




Settlement of the Controversy with New York.        489
the New York land claims, and propose to treat only of the other two
subjects, viz: the settlement of the boundary, and the removal of objections to the admission of Vermont into the Union.
Vermont to New York Commissioners.
Feb. 12. The business of the negociation is anticipated by the New
York Commissioners, because until the matter is discussed it cannot be
determined that Vermont should make compensation, or if any, in what
way. " If in the course of the negociation the powers of the Commissioners on either part should be found insufficient to carry into effect
such measures as shall be mutually thought necessary, just and reasonable, the negociation must be at an end, unless the respective legislatures
will enlarge those powers."
New York to Vermont Commissioners.
Feb. 12. They complain of the Vermont Commissioners for wishing
to treat of matters beyond their powers, viz: "the vacating the patents
under New York," "though in our apprehension you were not authorized to offer us any equivalent for this sacrifice had we been disposed to
make it." They therefore ask: " Can you bind your State to make a territorial or pecuniary equivalent to the patentees under New York, if we
should take measures with you for the extinguishment of those claims?
If you cannot, are you willing to proceed upon the principles laid down
in our first propositions, to treat of the two points, to which we mutually
agree that your powers are competent?" " The further progress of the
negociation must depend on your answers to these questions."
Vermont to New York Commissioners.
Feb. 13. They object again to anticipating the negociation, but answer: "That although we are not empowered to treat with individual
claimants for a relinquishment of the grants under which they claim, or
to bind the State we represent to make a compensation to such individual
claimants, yet we are of opinion we are fully authorized by the law under
which we act to stipulate a compensation to the State of New York for any
extinguishment that State shell make of private claims, if found to be
just and reasonable. If this answer be satisfactory, we think it necessary
to ask whether the Commissioners on the part of New York were themselves authorized to extinguish, on any terms, the claims of the patentees under the late province of New York, which interfere with the
grants made under the State of Vermont.and the late province of New
Hampshire."
New York to Vermont Commissioners.
Feb. 13. They do not recognize the distinction taken by the Vermont
Commissioners between their powers to treat for compensation to individuals and to the State of New York. They submit their powers to the
Vermont Commissioners, and declare they cannot negociate in regard to
the relinquishment of land patents.
Vermont to New York Commissioners.
Feb. 13. " Gentlemen: -We must judge of the avowed objects of the
law under which we act. As you decline to treat with us upon a subject which manifestly appears to be the most important object of the law
as it respects the State of Vermont, the treaty is at an end. We are
very unhappy that a misunderstanding of the law, as to the powers given
to us, should defeat the designs of the two governments.
"We have the honor to be, gentlemen, your obt. and humble servts."
[Signed by the Vermont Commissioners.]
62




490               Vermont from 1783 to 1791.
The negotiations having been suspended for the real reason that
the powers of the New York Commissioners were insufficient to
provide for annulling the New York patents, an application was
immediately made to the Legislature of that State, then in session at Albany, for the passage of a new act.' The Vermont Commissioners appear to have remained in New York, or Albany,
waiting the result,2 until the act was passed, when the New York
Commissioners immediately furnished them with a copy of it, as
follows:
"An act appointing Commissioners with power to declare the consent of
the Legislature of this State, that a certain territory, within the jurisdiction thereof, should be fo'rmed into a new State. Passed March 6,
1790.
Be it enacted by the people of the State of Yew York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same:
That Robert Yates, Robert R. Livingston, John Lansing, junior, Gulian
Verplanck, Simeon De Witt, Egbert Benson, Richardclill, and Melancton Smith, shall be, and hereby are appointed Commissioners, with full
power to them or any four of them, in their discretion as they shall judge
the peace and interest of the United States in general, and of this State
in particular, to require the same, and on such terms and conditions, and
in such manner and form as they shall judge necessary and proper, to
declare the consent of the Legislature of this State that such district or
territory within the jurisdiction, and in the northeastern and northern
parts thereof; as the said Commissioners shall judge most convenient,
should be formed and erected into a new State; and with further full
power to treat, conclude and agree with any person or persons, or
any assemblies or bodies of people touching the premises, or touching
the ceding or relinquishing the jurisdiction of this State over such district or territory, or touching the securing or confirming of rights, titles,
or possessions of lands within such district or territory, held or claimed
under grants from the State of New Hampshire while a colony, or under
grants, sales or locations made by the authority of the government or
jurisdiction now existing and exercised in the northeastern parts of this
State, under the name or style of the State of Vermont, against persons
claiming the same lands under grants from this State while a colony, or
since the independence thereof; and every act of any form or name, of
the Commissioners hereby appointed, in the execution of the powers
aforesaid, shall be as effectual to every purpose, as if the same were an
immediate act of the Legislature of this State. Provided, such grants,
sales or locations by or under Vermont, do not extend to the westward
of the towns granted, located or occupied under the late colony of New
Hampshire, which lay in that part of the country aforesaid, between the
north boundary of the commonwealth of Massachusetts, continued from
the northwest corner thereof towards Hudson's river, and a parallel line
extending eastward from the-point of land where Fort Edward formerly
stood, until it meets with the west bounds of any of the said granted,
located or occupied towns.
Journals of N. Y. Assembly, from 15th February to March 6, 1790.
2See thetr report to the Vermont Assembly of Oct. 21, 1790, post, 496.




Settlement of the Controversy with New York.        491
II. And be it further enacted by the authority aforesaid, That whatever
stipulations shall be made by the Commissioners appointed by this act,
with any person or persons, or any assemblies or bodies of people touching the premises, or touching the ceding or relinquishing the jurisdiction of this State over such district or territory, or touching the securing
of rights, titles or possessions of lands within said district, for a compensation for extinguishing the claims to lands within such district, or
derived under the late colony of New York, shall be for the use of such
claimants, although in such stipulations such compensation shall be for
the use of this State, or for the people thereof; and that nothing in this
act contained shall be intended or construed to give any such claimants
any right to any further compensation whatsoever from this State, other
than such compensation which may be so stipulated as aforesaid.
III. And be it further enacted by the authority qforesaid, That the act
entitled An act'appointing Commissioners with full powers to declare
the consent of the Legislature of this State of New York, that a certain
territory within the jurisdiction thereof, should be formed or erected into
a new State, passed the 16th day of July, in the year one thousand seven
hundred and eighty-nine, shall be and hereby is repealed."1
The following facts are gathered from papers furnished by Mr.
STEVENS:
New York to Vermont Commissioners.
March 1790.2 Robert Yates, Gulian Verplanck, Egbert Benson, Richard Sill, and Melancton Smith, the New York commissioners, addressed
the Vermont commissioners, enclosing the act of that State appointing
them. Referring to the previous negociation, they propose "to proceed
to the conference in expectation that, if it should appear advisable to the
commissioners on both sides, that by the articles of final agreement rights
of any persons derived under grants from New York are to be extinguished and that the State of Vermont is to pay monies to the State of
New York, that it will then appear to you not improper to consent on
your part, that the operation of the article for extinguishing rights should
be suspended until the legislature of Vermont shall have declared that
you were authorized to agree to the article stipulating for the payment to
the State of New York, or that the business will be found susceptible of
such other modification as to afford the respective parties equal and reasonable security."
Vermont to New York Commissioners.
" Gentlemen:-We have the honor to communicate to you, in answer
to your letter of this day, (inclosing an act of the legislature of the State
of New York appointing commissioners for the purposes therein menIIn the Council of Revision, March 5, 1790, Gov. Clinton reported
seven objections to the bill, carefully elaborated, the leading one being
that it violated that article of the amendments to the Constitution, just,
then adopted, which declares that "private property shall not be taken for
public use without just compensation." The Council overruled the Governor.- See Street's lYew York Council of Revision, 416-418; and Early
History, 448.
2 New York, March 6, 1790, was the date, but it is supposed to have
been a few days later, as that was the date of the act at Albany.




492               Vermont from 1783 to 1791.
tioned,) that we are ready to proceed to the conference you propose, and
are willing, in case any doubts shall arise in the course of the treaty respecting the powers granted by the law under which we act, to suspend
the operation of the treaty till the same shall be ratified by the legislature of the State of Vermont."
It seems that the treaty not being completed at New York in
March 1790, an agreement was made for the commissioners to
meet again at Stockbridge, Massachusetts, in July following.
Gulian Verplanck, at Stockcbridge, to Vermont Commissioners.
July 9, 1790. Regrets their disappointment in not meeting the New
York commissioners, and requests them "to name a time and place for a
future meeting to be held on condition of your receiving such information from the commissioners on the part of New York as may satisfy you
of their intentions to attend on the occasion."
Vermont Commissioners to Mr. Verplanck.
July 9, 1790. Will meet the New York commissioners "at New York
or Bennington on the 27th day of September next as they shall appoint,
provided we receive seasonable intimations of their wish and readiness
to attend."
Isaac Tichenor to New York Commissioners.
Bennington, Aug. 4, 1790. Has received their letter fixing the time
and place of meeting at New York, and will communicate the information to his colleagues.
The commissioners met at New York as agreed, and the papers,
of which the following are abstracts and extracts, passed between
them:
Propositions of the New York Commissioners, Oct. 1,1790.
1. That Vermont without delay use the requisite means to be admitted into the union of the United States.
2. That from the admission the boundary line be as now occupied, &c.
If an extinguishment of New York grants be required, then
3. That all New Hampshire grants prior to grants from New York,
to be decreed valid, the state of New York to appoint a commissioner to
reside at Albany, to receive descriptions of such lands granted by New
York, and not previously granted by New Hampshire, and on payment
to such commissioner at the rate of 18 cents per acre for such land, the
grants from New York to be thereby extinguished.
Vermont Commissioners to New York Commissioners.
Oct. 2. They cannot assent to these propositions. The third proposition is inadmissible, and they submit terms as follows:
1. The boundary between the two states to be a line beginning at the
north-west corner of the state of Massachusetts, thence west-ward, along
the south boundary of Pownal, to the south-west corner thereof, thence
northerly, along the western boundaries of the townships of Pownal,
Bennington, Shaftsbury, Arlington, Sandgate, Rupert, Pawlet, Wells and
Poultney, as the said townships are now held or possessed, to the river,
commonly called Poultney river, thence down the same, through the
middle of the deepest channel thereof, to East Bay, thence through the
middle of the deepest channel of East Bay and the waters thereof, to




Settlement of the Controversy with New York.        493
where the same communicates with Lake Champlain, thence through
the middle of the deepest channel of Lake Champlain, to the eastward of
the islands, called the Four Brothers, and the westward of the islands,
called Grand Isle and Long Isle, or the T.wo Heroes, and to the westward of the Isle La Mott, to the forty-fifth degree of north latitude; and
that the state of New York be forever concluded from claiming any lands
or jurisdiction east of said line.
2. That Vermont shall make provision for New York claimants in
those cases only where the grants under Vermont shall have been declared good and valid against them, and shall make such compensation
as the Legislature of Vermont shall deem just and equitable, provided
the claims be exhibited to the Legislature by a certain day to be fixed.
3. That Vermont will take all due means to be admitted into the
union.
4. That all New Hampshire and Vermont grants shall be good and
valid, and all interfering New York grants void, except confirmation
grants.
New York to Vermont Commissioners.
Oct. 2. They do not object to the boundary, supposizig it to be as jurisdiction is now exercised. Are also ready to assent to a total extinguishment of rights under New York grants, provided we can agree as
to the terms. Wish to know whether a proposition that Vermont should
pay a sum of money to New York; or that claims under New York to
lands not granted by New Hampshire, should be referred to commissioners, to be appointed by the President of the United States, or in other
impartial manner to be determined; or a proposition, the effect of which
not depending on the discretion of the Legislature of Vermont, will furnish a recompense to the New York claimants, are admissible?
The answer to the foregoing inquiries does not appear to be
among the papers.
New York to Vermont Commissioners.
"NEW YORK, 4 Oct., 1790.
" Gentlemen: -In answer to your note of yesterday, we inform you
that we shall never agree as a matter of compact, to a proposition to leave
the New York grantees wholly to the discretion of the Legislature of
Vermont, and at what point of differences between you and us we shall
on our part decline further to treat, is, in the present stage of the business, a premature inquiry. We conceive it to be previously the duty of
the commissioners, on both sides, to attempt every modification of terms
or propositions, and with this will be sent you our letter of Saturday
last, and to which we shall still expect your answer."
The papers do not give the course of the subsequent negotiation after this. It seems, however, that the New York commissioners proposed to accept the sum of $30,000 as a compensation
for the relinquishment of the New York titles, to which the following answer was returned.
Vermont to New York Commissioners.
"Gentlemen:-If we rightly understand your proposals of yesterday,
they comprehend two propositions:-The first contemplates a total extinguishMnent of the New York grants, where they interfere with the




494               Vermont from  1783 to 1791.
New Hampshire grants, on the payment of 30,000 dollars, and makes no
provision for the extinguishment of the interfering Vermont grants.
The second makes provision for the extinguishment of the Vermont
grants, and leaves the New Hampshire grants to be contested at law.
In this view of the proposition, it is inadmissible.
The commissioners on the part of Vermont, in answer to your proposals of yesterday, say that they cannot agree to your proposition so far as
respects the sum of 30,000 dollars for an extinguishment of all the New
York claims, and in lieu thereof do propose that it shall be optional with
the Legislature of Vermont to pay the sum of 20,000 dollars for the extinguishment of all New York claims, or leave the payment to be made
by individuals at the rate of ten cents per acres for such of the New York
claims only as interfere with the Vermont grants; all the New York
grants interfering with the New Hampshire grants to be vacated without
any compensation whatever. Some small alterations from your proposals in the conditions of payment might be necessary.
If you, gentlemen, can meet with us in these views, we will ensure a
compliance on the part of your [our] government."
It is probable that the further intercourse of the respective commissioners was oral rather than written.   It terminated on the
7th of October, 1790, by the execution by the New York commissioners of a formal instrument in writing, which was accepted by
the Vermont commissioners as the basis of a final adjustment of
the whole controversy. It was as follows:
" To all to ohom these presents shall come:
Be it known, that Robert Yates, John Lansing, junr., Gulian Verplanck, Simeon DeWitt, Egbert Benson and Melancton Smith, commissioners, appointed by an act of the legislature of the State of New York
entitled'An act appointing commissioners with powers to declare the
consent of the legislature of this State, that a certain territory within the
jurisdiction thereof should be formed into a new State,' passed the 6th
clay of March last: -Do hereby, by virtue of the powers to them granted
for the purpose, declare the consent of the legislature of the State of New
York, that the community now actually exercising independent jurisdiction, as the STATE OF VEREONT, be admitted into the United States
of America, and that immediately from such admission all claim of jurisdiction from the State of New York, within the State of Vermont, shall
cease, and thenceforth the perpetual boundary line between the State of
New York and the State of Vermont shall be as follows, viz: —Beginniig at the north-west corner of the State of Massachusetts, thence westward along the south boundary of the township of Pownal, to the southwest corner thereof, thence northerly, along the western boundaries of
the townships of Pownal, Bennington, Shaftsbury, Arlington, Sandgate,
Rupert, Pawlet, Wells and Poultney, as the said townships are now held
or possessed, to the river, commonly called Poultney river, thence down
the same, through the middle of the deepest channel thereof, to East
Bay, thence through the middle of the deepest channel of East Bay and
the waters thereof, to where the same communicates with Lake Champlain, thence through the middle of the deepest channel of Lake Champlain, to the eastward of the islands called the Four Brothers, and the
westward of the islands called Grand Isle and Long Isle, or the Two He



Settlement of the Controversy with New York.         495
roes, and to the westward of the Isle La Mott, to the forty-fifth degree of
north latitude. And the said commissioners do hereby declare the will
of the legislature of the State of New York, that if the legislature of the
State of Vermont shall, on or before the first day of January, in the year
one thousand seven hundred and ninety-two, declare, that the State of
Vermont shall, on or before the first day of June, in the year one thousand seven hundred and ninety-four, pay to the State of New York the
sum of thirty thousand dollars, that immediately from such declaration
by the legislature of the State of Vermont, all rights and titles to lands
within the State of Vermont, under grants from the government of the
late colony of New York, or from the State of New York, except as hereinafter excepted, shall cease; or, if the legislature of the State of Vermont shall not elect to make such declaration, then that, except in cases
where the grants from New York were intended as confirmations of
grants from New Hampshire, all rights and titles under grants from the
government of the late colony of New York, or from the State of New
York, to lands within the State of Vermont which may have been granted
by the governor of the late colony of New Hampshire, shall cease; and
the boundaries, according to which such grants from the government of
the late colony of New Hampshire have been held or possessed, shall be
deemed to be the true boundaries. And the said commissioners do
hereby further declare the will of the legislature of the State of New
York, that all rights and titles to lands within the State of Vermont under grants from the government of the late colony of New York, or from
the State of New York, and not granted by the government of the late
colony of New Hampshire, shall be suspended until the expiration of
three years after the governor of the State of Vermont, for the time being, shall have been notified that a commissioner, to be appointed by the
State of New York, after the first day of January, in the year one thousand seven hundred and ninety-two, and to reside and hold a public office
at the city of Albany, shall have entered upon the execution of his office; and if, within one year after such notification, there shall be deliversd to such commissioner, either the original or a certified abstract,
containing the date, the names of the grantees, and the boundaries of a
grant from New York; and if, thereupon, at any time before the expiration of the said term of three years above mentioned, there shall be paid
to such commissioner at the rate of ten cents per acre for the whole or
any parcel of the lands contained in such grant from New York, all right
and title under such grant shall, in respect to the lands for which payment shall be made, cease, and a receipt under the hand and seal of such
commissioner, specifying the lands for which payment shall be made,
shall be evidence of the payment. And in default of delivering the original, or such certified abstract of the grant, to the commissioner, within
the said term of one year, for that purpose above limited, all right and
title under the grant, in respect of which there shall be such default of
delivery, shall cease; but where the original or certified abstract of the
grant shall be duly delivered to the commissioners, and if thereupon
payment shall not be duly made to the commissioner, the right and the
title under the grant, in respect to the lands for which payment shall not be
made, shall remain, and suits for the recovery of such lands may be prosecuted in the ordinary course of law, provided the suit be commenced
within ten years after the State of Vermont shall have been admitted
into the union of the United States, otherwise the right and title under
the grant from New York shall in such case also cease.
In testimony whereof, the said commissioners have hereunto' set their
hands and affixed their seals, the seventh day of October, in the fifteenth




496              Vermont from 1783 to 1791.
year of the independence of the United States of America, and in the
year one thousand seven hundred and ninety.
ROBERT YATES,       *[L.S. 
Witnesses                   JOHN LANSING, junr., [L.S.]
Richard Varick,                  GJLIAN VERPLANCK, [L.S.]
Alexander Hamilton,              SIMEON DEWITT,       [L.S.]
Samuel Jones,                    EGBERT BENSON,       [L.S.]
Robert Benson.                   MELANCTON SMITH,     [L.S.]"
Report of the Vermont Commissioners.
To the Honl. the Legislature of the State of Vermont:-Your commissioners appointed to treat with the commissioners of New York on a
boundary line between the two governments and the removal of certain
obstacles which prevent the admission of Vermont into union with the
United States, Report: That in January last they commenced their negociation-that after sundry communications and conferences the business terminated in a repeal of the act giving powers to the commissioners
on the part of New York; and a new act was passed by the legislature
of New York, then in session, appointing commissioners with full and
direct powers to treat with us on the objects of our appointment. After opening the negociation with them, we agreed to adjourn to Stockbridge the 6th of July then ensuing, at which time we convened, but by
reason of the indisposition of two of the commissioners on the part of
New York, we were necessitated to adjourn to the 27th of September
then ensuing, at the city of New York, where the negociation was resumed and closed on the 7th instant, by receiving from the commissioners
of the State of New York their OFFICIAL ACT, which we now present
to the legislature for their consideration.
ISAAC TICHENOR,
STEPHEN R. BRADLEY,
NATHL. CHIPMAN,
IRA ALLEN,
ELIJAH PAINE,
Castleton, Oct. 21, 1790.2          ISRAEL SMITH.
Acceptance and Ratification by the General Assembly of Vermont.
An act directing the payment of thirty thousand Dollars to the State of
Newyork, and declaring what shall be the Boundary line between the
State of Vermont and State of Newyork - and declaring certain grants
therein mentioned, extinguished.
T    HEREAS Robert Yates, John Lansing, jun., Gulian Verplanck,
VV  Simeon De Witt, Egbert Benson, and Melancton Smith, Esquires,
Commissioners, appointed by an act of the Legislature of the State of
Newyork, entitled " An act appointing Commissioners, with power to
declare the consent of- the Legislature of the State of Newyork, that a
certain territory within the jurisdiction thereof, should be formed into a
new State " —passed the fifth day of March, A. D. 1790 -did, by their
certain act on the seventh day of October instant, at Newyork, by virtue
of the powers to them granted for the purpose, among other things, declare the consent of the Legislature of the State of Newyorl, that
Vt. Gazette, for October 25, 1790.
2Ms. Vermont State Papers, Vol. XXIY, 33.




Settlement of the Controversy with New York.        497
the State of Vermont be admitted into the Union of the United States
of America; and that immediately from such admission, all claims of
jurisdiction of the State of Newyork, within the State of' Vermont,
should cease; and thenceforth the perpetual boundary line between: the
State of Newyork and the State of Vermont, should be as follows,
viz: Beginning at the northwest corner of the State of Massachusetts
-thence westward along the south boundary of Pownal, to the southlwest corner thereof —thence northerly, along the western boundaries of the townships of Pownal, Bennington, Shaftsbury, Arlinoton,
Sandgate, Rupert, Pawlet, Wells, and Poultney, as the said townships
are now held or possessed, to the river commonly called Poultney River
-thence down tle same, through the middle of the deepest channel
thereof, to East-Bay- thence through the middle of the deepest channel
of East-Bay, and the waters thereof, to where the same conmmunicate
with Lake Champlain- thence through the middle of the deepest; c1hannel of Lake Champlain, to the eastward of the islands called the Four
Brothers, and the westward of the islands called the Grand Isle and Longo
Isle, or the Two-Heroes, and to the westward of the Isle la Mott, to the
forty-fifth degree of north latitude. Andl the said Commissioners, by
virtue of the powers to them granted, did declare the will of the Legislature of the State of Newyork, that if the Legislature of the State of'
Vermont should, on or before the first day of January, one thousand
seven hundred and ninety-two, cleclare, that on or before the first day of
June, one thousand seven hundred and ninety-four, the said State of
Veermont would pay the State of Newyork the sum of thirty thousand
lollars, that immediately from such declaration by the Legislature of the
State of Vermont, all rights and titles to lands within the State of Vermont, under grants from the government of the late Colony of Newyork,
or from the State of Newyork (except as therein excepted) should cease
-Wherefore,
It is hereby enacted by the General Assembly of the State of Vermont,
That the State of Vermont shall, on or before the first day of' June, one
thousand seven hundred and ninety-four, pay the State of Newyork
thirty thousand Dollars.' And the Treasurer of this State, for, and in
behalf of this State, and for the purposes mentioned in thle act of' the
Commissioners aforesaid, shall pay to the State of Newyork thle sum of
thirty thousand dollars, on or before the -first day of June, 1794.
It is hereby further enacted, That the said line, described in the said act
of the said Commissioners, shall henceforth be the perpetual boundary
line between the State of Vermont and the State of Newyork: And all
grants, charters, or patents of land, lying within the State of Vermont,
made by, or under the government of the late Colony of Newyork, except such grants, charters, or patents as were made in confirmaltion
1The sum of $30,000 probably paid from one fourth to one third the
sum paid for the lands granted by New York. James Duane purchased
about 64,000 acres for upwards of $8,000, and his heirs received $2621.29
of the $30,000 paid by Vermont. " The bargain was made by our [New
York] politicians to obtain a new state to overbalance Southern influence, and in this paramount object with them compensation to the comparatively few landholders among her citizens was almost entirely overlooked."-Memoir of,ames Ducane, by Samuel TV. Jones, in Doc. Hist. of
NXewv York, Vol. Iv, 1068.
63




498         Admzission of Vermont into the Union.
of grants s, charters or patents made by, or lnder the goverline.nt of.the late Pc]rovince or Colony of' Newhablamlshire, are hereby declaredl null. and void, and incapa1ble of being given in evidence in any Court of law
wilthin this State.
Admnission of Ver.mont to the Union.
Oct. 27, 1790, an act was passed calling a convention to act
npon tlhe question of the adoption of the Constitution of thle
United Statesi, which met at Benningiton, i Ja8n. 6, 1791, and
adopted the Constitution on the 10ith by a vote of one hundred
anid five yeas to two nays.  The general assembly held an adjourned session at the same time  and place, and.appointed
Nathaniel Clipman and Lewis R. Morris commissioners to apply
for the admnission of Vermont to the Union, who immediately proceeded on their mission, and on thle 18th of Febrinary, Congress
passed the act of admission, to take effect on the 4th day of March,
1791. The documents detailing tle action on this question in the
assembly and in congress, with thle proceedings aind debates of the
convention of January, 1791, are reserved for the next volume of
Historical Collections.2
1 Pamphlet Acts, 4. o Earl, History, 448, 449.




THE E      L   EA STRLY ESTRN  BOUNDARY OF NEW    YORK A
TWENTY MILE LINE FROM THE            -IUDSION.
Art o(ficial Reiport bh the CJom.ncil of NFeZo Yoolrk to Governor itfoinelton, of the 22th of'Jane, 1763, on the,, contr-overted bontndariei of
the province; lo owhtich is aplended a letter of Lieut. G(ov.
(olden to the Lords of Triade commenting thereon, of SepJt. 26,
1763.
IN the month of June, 1763, the council of New York made an
official representation to General Robert Monckton, then govenor0
of the province, to be forwarded to Englland, on the subject of
their controverted botundaries with the neighboring colonies, urging their speedy adjustment. The representation favored the
giving of the assent of the province of New York to the permanent establishment of a twenty mile line from the 1Hudson as its
boundary along its whole eastern extent, including Massachusetts
and New H-ampshire as well as Connecticut, on the ground that
the king's commissioners in 1664, the year the charter of New
York had been'granted, had declared such to be the eastern limit
of the province. A copy of this representation is found in the
Letter Book of Lieut. Gov. Colden, which is preserved in the
archives of the New York Historical Society, in connection with
a letter of his to the English Lords of Trade, of September 2(i,
1763, commenting upon and controverting the positions assumed
by the Council.
On application of the Coummittee of Publication, a copy of the
Representation has been kindly furnished by the Librarian of that
Society, accompanied by the suggestion that the letter of Mr.
Colden should also be published. With this suggestion the Com



500        Early Eastern Boundary of Nezw York.
mittee cheerfully comply, copying the letter from the Colonial
History of New York, Volume vTI, p. 562-565, appending to it
a few foot notes correcting the errors into which Mr. Colden had
fallen.
DANIEL _-IORSMANDEN, whose name is first in the signatures to
the Representation, had been long in public life, was appointed
one of the governor's council in 1733, was many years a judge
of the supreme court, and died while chief justice of the province, after the commencement of the revolution. The other signers of the Representation had been of the council for less periods.
The last signature is that of Lord Stirling (Win. Alexander),
who continued a member of the council till 1768, when he resigned. Hie was afterwards distinguished for bravery and good
conduct as an officer in the continental army, in which he became
a major general.
CADWALLADER COLDEN, who was of Scotch descent, came to
New York about 1718, and in 1722 became a member of the
council, and not long afterwards surveyor general. From the
year 1761 he was lieut.-governor of the province, and for a large
portion of the time thereafter until 1776, was, by virtue of that
office, its chief magistrate, in the absence of regularly commissioned governors. He became acting governor on the return of
Gen. Monckton to England in the summer of 1763, and in that
capacity addressed his letter the following September to the
Lords of Trade. Notwithstanding the zeal with which Mr. Colden insists in his letter that Connecticut river was the ancient
boundary of New York, he had, in an official report as Surveyor
General of the province, made to the governor twenty-five years
earlier, in 1738, described the boundaries of the whole province
in gr:eat detail, without giving any intimation that it reached eastward to that river,-without, in fact, mentioning the name of the
river.-[ Colonial tHistory N. Y., Vol. vi, 121-125, and Documzentary History N. Y., Vol. iv, 171-179.]  He was however
successful in procuring the order of the king in council of July
20, 1764, declaring Connecticut river to be the boundary on New
Hampshire, and profited largely by it. He afterwards granted
more than a million of acres of land in the newly acquired terri



Early Pastern Boundary of New York.              501
tory, his fees for affixing his official signature to the patents
exceeding thirty thousand dollars.-[ Coll. Vt. fist. Society, Vol.
i, 145-159.]   For a full discussion of the boundary question, see
Early Hist. Vt., p. 1 to 65.
Rjepresentation to His Excellency, Govezrnor 3Monckton, from the Council of
Net.w York, respecting the Contested Limits of that Province, and the
Claim t to twlarge Tracts of Lacnd, madce by John IHenry Ledins.1
MAY IT PLEASE YO-UI EXCELLENCY:
Your Excellency having been pleased to inform the Council of your
intentions to embbark for Great Britain, & having also intinmated your
desire that they should suggest suchl matters relative to the Interest of
the Province, as require the immnediate attention of his Majesty's Ministers; in order that during your stay in England, you might represent
them to his Majesty in Council, or take such other measures as you
should judge necessary thereupon.
We beg leave as essential to the quiet of his Majesty's Subjects and the
prosperity of the Province, to mention the absolute necessity there is of
a speedy cetermination of the Limits between this & the Colonies bordering upon it, with whom there is any dispute on this subject. Hence
fiequent Tumults and the strongest Animositys have arisen lamong the
borderers, whereby the Publick Peace hath been disturbed, the Cultivation of the Soil neglected, and the Interest of his 2i'Majesty in Point of his
Revenue of Quitrents greatly affected-Evils only to be remedied by the
Interposition of the Crown by the Royal Commission, or otherwise for
the final Settlement & Adjustment of the Limits of the Colonies.
The Boundaries assigned to the Province of New York under the English Government are by the grant fioml King Charles the Second to his
Brother James Duke of York, which is dated the 12th March 1.663-4 express'cl in these words.
"All that Island or Islands conmmonly call'd by the several name or
names of Matowacks or Long Island, situate lying and being towards the
West of Cape Cod, and the N2arrow Higgansents, abutting upon the Main
Ltcnd between the two Rivers there call'd or known by the severall lamles
of Connecticut & HIudsons River; together also with the said River,
called Hudsons River, and all the lands from the Westside of Connecticut River, to the East side of Delawar Bay."
rThis description, by a liberal construction, is supposed to contain and
include on the continent, all the Country lying between the Rivers Connecticut & Delawar, and extending Northwardly & Westwardly to the
H-eads of Hudsons River, which country is shewn by the Red line in the
Map presented herewith.
As far back as the Reign of Jamles the Second, in the royal Collmmissions to the Governors of this Province, these words have been inserted
in addition to its description in tihe before recited Grant " Territories
thereon depending" which have been allways understood to extend the
Jurisdiction of the Province Westward as far as the Banks of Lake Ontario, and Lake Erie, and lwlich is comprehended within the yellow Line
on the same Map.
The Colonies bordering on this Province are Connecticut, Ma.ssachusetts Bay & New Hampshire on the East, and New Jersey and Pensilvania on the west.
Colcden Papers: N. Y. Historical Society. Letter'ook in, 59-68.




502         Early Eastern Boundary of New York.
In consequence of an Agreement made between New York and Connecticut in 1683 afterwards confirmed by KIing William in Council 28th
March 1700, tlhe boundary Line of these two colonies, was run and marked
in a straight Line between two Points at the distance of 20 Miles from
and on the East side of Hudsons River -The only Limit of this colony
not contested.
For altho' we have been informed that in the year 1664 Commissioners
were appointed by King Charles the Second to settle the boundaries between this and the adjacent colonies, who determined that a Line parallel to & at 20 Miles distance from Hudsons River on the East side
thereof; should devide the two Provinces of New York a.nd Massachusets Bay fromi each other, to which the Legislature of the latter acrreed,
as appears by. the Record of this Transaction, at the Plantation Office:
Yet this settlemnent was never carried into Efflect; has been rejected or
not insisted on by the Province of Massachusets Bay; is not imentioned
in any of the Publick Records or Papers here; nor was introduced in
the Debates on this subject at the Congress or meeting of Commissioners from both Provinces at Albany in the year 1754; and till very lately
hath been utterly unknown to us.
But in conformity to this Settlement, as we believe the Rig'ht Hon:ble
the Lords Commissioners for Trade & Plantations did by their Report to
his late Majesty in Council on the 29th March 1757 declare it as their
opinion,; That a streight Line to be drawn Northwardly fiomni that Point
where the boundary Line between New York and Connecticut ends at
twenty Miles distant from IHudsons River to another Point at the same
distance fr'Olm the said River on that Line which devides the Provinces
of New Hampshire & Massachusets Bay, will be a just and Equitable
Line of Devision between the said Provinces of Tew Y ork and Massachusets Bay," theo their Lordships did afterwards by a second Ieport
or Opinion on the 10th May following Declare that a streight Line to be
drawn northerly from a point on the South Boundary Line of ye Massachusets Bay, twenty Miles distant clue East from the said River, on that
Line which devides the Provinces of New HIampshire & Massachusets
Bay, will be a just and equitable Line of Devision between the two Governments. With respect to which last mentioned line we beg leave to
observe that if the same should be established, it would not leave to tllis
Province the breadth of twenty Miles on the East side of HIudsons Rliver,
as is manifestly the intention of the first Report, for as the course of the
River in that part is nearly 20 Degrees ELastward of North a dce East
Line, is not perpendicular to the River, and consequently twenty Miles
nicasured on a course (dIe East will comp1rehend only a breadth of Eighteen Miles & three quarters.
Upon the whole if this Settlement by Commissioners in 16647 is looked
upon as bindingg upon the part of the Crown, it seemis reasonable that the
Line should be run accordinghly, that is, agreeable to the sense of their
Lordships said Report of the 29th March, 1757, which extends this Province twenty Miles Easltward of Hudsons liver But with a saving of the
Property of such of his Maljesty s Subjects of thils Province, who claim
under Grants which extend Eastward beyond the distance of twenty
Miles from  Hudsons River, and which are prior in dite to the Second
charter of Massachusets 1B)y, granted latter their first chlarter was annulled by Decree in Chancery.
In reg'ard to New Hampshire. We do not know that the Limits of
New York have received any alteration, since the Grant before recited to
James Duke of iYork which lhas fixed the Eastern boundary to Connecticut River. The Government of New Hamnpshire regardless of this, and




Early Eastern Boundary of New York.              503.of hiis Majestv ys Co2mmission to his Governor's of that Province, by which
it is expressly declared, thlat; the said Province of New Hampshire is to
extend Westward until it meets with his Majesty's other Governments;
Have advanced their claim, & made Grants within twenty Miles of
Hudsons River or less.
The Jurisdictioo n as well as the  roperlty of the Soil yet unappropriated in both Governments, appertain to his Majesty, it depends on the
Crown by its orwn Authority to fix and assertain the Limits between
them.
We iare humbly of Opinion it will not be inconvenient to either Province if his Majesty slhoul ibe pleased to Order that the samne Line wlhich
shall be established as the Devision between this, & the Province of Massachusets Bay be continued on the same Course as far as the most Northerly Extent of either Province; with a saving to the Inhabitants of New
York, of such Lands as are held by Grants under the Great Seal of that
Province Eastward of Hnudsons Iiverl beyond the distance of twenty
Miles: It appea'ring to us that such Grants made in a part of the Provinet of New Tork, where there could be no doubt of its Extent Eastward
to Connecticut Rliver, ought to be confirmed, in. preference to those of
New Ilampshiie where they interfere with each other; as the Province
Nevw Hampshire is confined in its extent Westward, to the Eastern
boundary of his Majesty's other Governments. And untill his Majesty
shall be graciously pleased to determine the Partition Iine between
these Ilis two Provinces, it will tend to the preservation of Peace among
tlhe borderers, if the Government of New H-ampshire should be confined
in the Grants of Lands hereafter to be made in that Province, to a certain Extent Westward, WVe hnmbly conceive not beyond Connecticut
River.
On the West side of the Province, the Line most immnediately requiring the attention of the Government, is that between New York, and
the Province of New Jersey; the Lands contested lying in the neighborhood of a well settled Country. Laws have been lately passed in both
Provinces for the Settlement of this Line in such Method as his Majesty
shall be pleased to appoint; for rendering' such Settlement conclusive as
to private Property: and for defraying the Expence thereof. It now
only remains to obtain the Royal assent to those Laws, and to sue out
his Majesty's colmmission, appointing Commissioners with the necessary
Powers for this purpose.
Untill a few Years agoe it was not apprehended any dispute would
arise between this Government and the Province of Pensilvania, as to
the Northern Boundary of that Province. But by a letter (No. 1) of the
13th of September 1751 from Governor Hamilton to the late Governor
Clinton the Proprietaries seem to claim the full extent of three degrees
of Latitude which Mr. H-Iamilton intimates will extend the Northern
Boundary of Pensilvania not far short of the Latitude of Albany. That
this claim is ill supported we think will appear fiom the Grant to William
Pen, Esqr. from King Charles the Second, dated the 4th March in the
33d Year of his Reign wherein that Province is described in these
words:
"All that Tract or Part of Land in Amlerica, with all the Islands
therein contain'd, as the same is bounded on the East by Delawar River,
froml twelve Miles distance Northward of New Castle Town unto the
three and fortieth Degree of Northern Lattitude, if the said River doth
extend so far Northwards: But if the said River shall not extend so far
Northward then by the said River so far as it doth Extend; and from the
head oft the said River, the Eastern bounds are to be determined by a




504.Early Ea.stern Boundary of New York.
Meridian Line to be drawn from the head of the said River, unto the
said three and fortieth Degree; the said Land to extend Westward five
Degrees in Longitude, to be computed from the said Eastern Bounds.
And the said Lands to be bounded on the North by the beginning of the
three and fortieth Degree of Northern Latitude; and on the South by a
circle drawn at twelve Miles distance from New Castle Northwards and
Westwards, unto the begining of the three and fortieth Degree of Northern Latitude, and then by a streight Line Westwards, to the Limits of
Longitude above mentioned."
Hence it is Evident that that Province is confined in Express terms to
the Begininq of the three and fortieth Degree of northern Latitude: and
thlo by any contest of Limits, or any uncertainty with respect to the
Southern Boundary, Pensilvania when extended to the begining of the
43d Degree may not comprehend or include three degrees of Latitude,
it does not follow that the boundary should be extended farther northward than it is expressly limited to. Nor oulght any Explanation of
what was intended at the time of the Grant, by the Begjining of the 43d
Decg'ree, to be admitted at this Day, from the manifest inconveniencies
that must now attend such Explanation if allowed of, when considerable
Tracts of Land have been granted, and are now possessed by Individuals, as lying in this Province, which in thiat case might fall within. the
Proprietary Government of Pensilvania.
If the Proprietaries persist in the claim of three degrees of Northern
Latitude, it will be necessary that this disputed Limit be put into the
same Method of Devision as is before pointed out with respect to the
boundary Line between New York and New Jersey    Otherwise a Conmmission need only issue for fixing the Latitulde, and running the Line.
Having sugg1ested whatever octcurs to us on the Subject of the Limits
of the Province; We cannot omit a few remarks on the claim to two
very large Tracts of Land in this Province, set up by John Henry Lidius,
which he grounds on an Indian Deed dated in 1732, signed by three or
mor e Indians belonging to the Six Nations -and a grant from General
Shirley as Governor of the Province of Massachusetts Bay, dated, as is
supposed, in 1744, reciting the said Indian Purchase, and also reciting an
order from his Majesty to Mr. Shirley to enquire into the validity of the
said Indian Purchase, and if found to liave been made bona fide, in that
case directing Mr. Shirley to grant the Lands included therein to the
said John Henry Lidius.
As to the Indian Deed, we must observe that the Indians of the Six
Nations, at the tinie of this transaction, and for many years before, laid
no claim to the Lands in question, nor do at this Day to the Lands bordering on, or adjoining to those claimed by Mr. Lidius: nor was this
Purchase made by Lycence friom the Governor, agreeable to the invariable custom of the Government, in all cases where the Lands are claimed
by the Indians.
As to the Grant, the Lands described therein are without the Limits
of Massachusetts Bay,.and if they were included within that Province
ought by the charter to have been Granted by the General Court; nor
could Mr. Ledius, as lie declared, produce, nor did he know any thing of
1;le Order in Virtue of which, Mr. Shirley is said to have made this
Grant   all lie insisted on was, that the Lands lay without the Limits of
the Province of New York.
The Governm ient conceiving his claim groundless, and finding lie persisted therein: that hlie had by his own confession Surveyed and Granted
Leases of thle Premises to above 700 Persons; who if once Seated would
support themselves by force, mTwhich might in the end occasion bloodshed,




Early Eastern Boundary of New York.              505
and looking upon these proceedings, in defience of the authority of Government as dangerous to the community, therefore Ordered an Information to be filed — against the said John Henry Ledius, and he is under
Prosecution accordingly. But as there is no fund for defraying any Expence of this nature and the Interest of the crown both with respect to
the property of the Soil, & its Revenue of Quit-rents, may by this and
other claims be materially affected, We.are humbly of Opinion it would
be for his Majesty's Service, should he Permit his Governor, with the
advice of the Council, to draw out of the fund of the Quit-rents, such
Sums as shall from time to time be found necessary to carry on with
vigour and Effect, as well the Prosecution already commenced against
the said John Henry Ledius, as all other Persecutions which shall hereafter be commenced by order of the Governor in council against any
Intruder on the crown Lands within this Province.'
These Observations and IRemarks which we only offer as hints for
your information, We submit to your Excellency, confident that you will
do therein whatever shall appear most for the benefit and Interest of the
Colony.                                   DAN tHORSMANDEN,
JNO. WATTS,
WM. WALTON,
OLIVER DE LANCEY,
New York, 25th June, 1763.              STIRLING.
Lieutenant Gov. Colden to the Lords of Trade.2
NEW YORK, September 26, 1763.
My Lords: -Since General Monckton left this Government, I have
seen the Copy of a representation made to him by five Gentlemen of the
Council relating to the Boundaries of this, His Majesty's Province,
which in my humble opinion, were'it to take effect, would be injurious to
His Majesty's rights and revenue; and therefore, as the affairs of the
colonies may probably at this time come under the consideration of His
Majesty's Ministers, and this representation may be laid before them, I
think it my duty to make remarks on it, to show the mistakes these Gentlemen have fallen into.
Had I been apprised of it before it was made, I presume I should have
been able to have prevented the mistakes. I have been 40 years at the
Council Board, and in that time have been more conversant in public
affairs than any man now living in this province. These Gentlemen, all
of them, except Mr. Horsmanden, have had seats only a few years at the
Council Board, and it is impossible they can be fully informed without
the assistance of others. They have neglected likewise to consult the
Minutes of Council, when the same matter had been formerly under the
consideration of the Council, who after long and mature deliberation
and after consulting the principal officers of Government, and every
other person who they thought could inform them, came to resolutions
very different from the sentiments of these Gentlemen, as will appear in
the Minutes of Council of the 18th of October, 1751, and more fully and
clearly in,the Minutes of the 2d of March, 1753. I had likewise the
honor to write to your Lordships' predecessors in office on the same subject, the 28th of February, 1761.
For a further account of these spurious claims of Lydius, see Early
History of 7t., 495-497.
CoL. Hist... Y., Vol. VII, 562-565.
64




506         Early Eastern Boundary of New York.
The motives to the Representation are certainly just, viz: The preventing tumults and disorders on the Borders; and I join heartily in
opinion with them, that it is greatly for His Majesty's Interest and for
the benefit of this and the neighboring Colonies, that an end be put as
soon as possible to these Disputes; but at the same time I hope to show,
by what follows, that this may be done without giving up His Majesty's
Rights or encouraging Intrusions, which have been made, or hereafter
may be made on the King's lands, and without in the least distressing
His *Majesty's subjects who have settled on these lands and cultivated
them.
That I may not too much trespass on your Lordships' patience, I shall
pass over several mistakes in this Representation, that I may come to
the principal error on which the whole is founded with respect to the
Massachusetts Bay. It is this:
The Gentlemen, as they say, " have been informed that in the year
"1664 Commissioners were appointed by King Charles the Second, to
"settle the Boundaries between this and the adjacent colonies, who de"termined that a line parallel to Hudson's River at twenty miles distance
"from it on the east side thereof should divide the two provinces of'New
"York and Massachusetts Bay from each other, to which the Legislature
"of the latter agreed, as appears by the Record of this Transaction at
"the Plantation Office. But this settlement was never carried into
"effect, has been rejected or not insisted on by the Massachusetts Bay,
"is not mentioned in any of the Public Records or Papers here, nor was
"it introduced in the debates on this subject at the Congress or Meeting
"of the Commissioners from both Provinces at Albany in the year 1754,
"and till very lately hath been utterly unknown to us."'
In consequence of this new discovery they conclude, that a line at 20
miles distance from Hudson's River would be an equitable Boundary not
only between New York and Massaclfusetts Bay, but likewise between
New York and New Hampshire.
There is great lreason to doubt of some mistake in this Information -
That the whole of that settlement of Boundary related to Connecticut
only, and not to the Massachusetts Bay; for as to Connecticut it appears
on the Records of New York, but in no shape as to Massachusetts Bay.
It is unaccountably odd, if this information be true, that in so long a
time, the people of Massachusetts Bay should at no time avail themselves of it; unless it be supposed that they are convinced of its being
now of no force. 2'Nor was this action of the King's Commissioners of 1664 mentioned in the debates at the subsequent meeting of the Commissioners of New York and Massachusetts at New Haven, in October, 1767,
for the very obvious reason, operating on both occasions, that each party,
by discarding such action, hoped to extend its boundaries beyond the
twenty mile line.-Jour. of N. Y. Assembly for Nov. 25, 1767. Early
Hist. Vt., 38-42.
2 The statement of the Council in their representation to Gev. Monckton of the action of the King's Commissioners in 1664, though questioned by Lt. Gov. Colden, was correct. The boundary between New
York and Connecticut was declared by the written award of the Commissioners on the 4th day of December 1664 to be, substantially a twenty
mile line east of the Hudson, which award was understood at the time to




Early Eastern Boundary of New York.              507
If the Equity be considered, by which the settlement of Boundary was
made with Connecticut, it will appear, that the Equity did in no manner
extend to Massachusetts Bay.
Before the Duke of York received his Grant, and while the Dutch were
in possession of New York, the people of Cofinecticut had their principal towns and settlements on the West side of Connecticut River, (which
is the Eastern Boundary of the Province of New York,) and had even
extended their settlements on the Sea coast within ten miles of Hudson's
River; but the Massachusetts Bay (as I have been informed and believe)
had made no settlements so far West as Connecticut River.1 It was in
consideration of those settlements made by Connecticut that the Boundary between New York and Connecticut was fixed at twenty miles from
Hudson's River, reserving however to Connecticut all the settlements
actually made, though within less than ten miles from Hudson's River;
for which they were to allow an Equivalent in the inland parts where
they had no settlements. By this Equivalent the distance between Hudson's River and the Colony of Connecticut in the upper parts is above
twenty-two miles. The not considering the want of Equity in the Massachusetts Bay, which Connecticut evidently has, produced an essential
error in the judgment which the gentlemen formed of this matter.2
be applicable to the whole of New England, as appears, among other
evidence, by a letter of Col. Richard Nicolls, who was the Duke of
York's governor of the conquered province, and one of the King's Commissioners. In writing to the Duke in November, 1665, he says, in regard to their determination of the boundary by the Commissioners, that
it " was a leading case of equal justice and of great good consequence in
all the colonies, and therefore we were assured would be an acceptable
service to your Royal Highness, though to the diminution of your
bounds; so that to the East of New York and Hudson's river nothing remains to your Royal Highness except Long Island and about twenty miles
from any 2part of Hudson's River."- Col. History of N. Y., Vol. iII, p.
106. Smith's N. Y., Vol. I, p. 36. After visiting New York the Commnissioners went to Massachusetts and inquired into the limits'of that
province, which in their report to the King they say they " find to be
Seconnett Brook on the South West and Merrimack River on the North
East, and two right lines drawn from each of those two places, till they
come within twenty miles of Hudson's River, for that is already planted
and given to his Royal Highness."- Col. History N. Y. Vol. Il, p. 112.
At the time of the grant of New Netherland to the Duke of York in
1664, settlements had been made under Massachusetts on both sides of
Connecticut river. Springfield bad been thus occupied twenty-eight
years, Northampton ten, and both Hadley and Hatfield five years.
Grants of other towns west of the river had been made, preparatory to
-their occupation. -Holland's History of Western _Massachusetts, Vol. I,
Chap. I & inI. Vol. II, pp. 118, 244, 214, 229, 141.'Mr. Colden, while professing to correct mistakes in the Report of
Gov. Monckton's Council, not only fails to point out any, but falls him-self into those which are fa.ta,! to his own argument. He overlooks and




508          Early Eastern Boundary of New York.
About the year 1675, (if I mistake not the year,) the charter of Massachusetts Bay was by Decree in Chancery declared null and void. This
Decree was never reversed and remains in force at this day. Thereby
the Duke's title to the lands on the west side of Connecticut River and
to the Northward of the Colony of Connecticut became indisputable; and
this Decree put an end to all settlements of Boundary with Massachusetts Bay, if any there were. While the Duke was thus seized of his
Province of New York as far as Connecticut River, he succeeded to the
Crown of England, and thereby the Province of New York became part
of the Crown lands, and have ever since passed with the Crown.1
ignores the decisive fact that the charters by the crown, of both Massachusetts and Connecticut, were previous in point of time to that of' New
York; that the territory described in each extended west to the Pacific
ocean, and that they thus had a prior title to that which the king afterwards undertook to grant to the Duke of York. The king's charter of
Massachusetts, in confirmation of previous grants, bore date in March,
1628, that of Connecticut, April 22, 1662, while that of New-York was
not issued till March 12, 1664. —Brodheacd's 1Y. Y., pp. 189, 702, 735;
Story on the Constitution, Vol. I, pp. 46, 74, 98. The action therefore of
-the king's Commissioners in favor of a line to the west of Connecticut
river was not, as stated by Mr.. Colden, in consequence of the equitable
claims of the English settlers in Connecticut, but in accordance with the
legal rights of both Connecticut and Massachusetts to extend west to
and lheyond Hudson's river. That the Duke's grant was allowed to reach
to the distance of twenty miles east of the Hudson to save the equitable
claims of the Dutch settlers along that river, was more than the Duke
could have reasonably expected. It was justly considered by the Commissioners as rendering " an acceptable service to his Royal Highness,"
as has been seen in a previous note to this letter.
1 It is true that in 1684, (not 1675 as Mr. Colden has it,) twenty years
after the action of the king's Commissioners fixing upon a twenty mile
line from the Hudson as the eastern boundary of New York on New
England, the charter of Massachusetts of 1628 was vacated and annulled
by decree of the English court of chancery. But this did not and could
not, without some additional acts of the crown, annihilate the province.
It changed the government of the colony, by depriving it of privileges
granted by charter, and placed it under the direct control of the king,
but did not in any way affect its already declared boundaries, or those of
the adjoining province of New York. Besides, the western extent of
Massachusetts did not depend alone ulon this charter of 1628, but more
directly upon a, previous grant which remained unimpaired.   King
James had, on the 3d of November, 1620, granted to the Council of Plymouth, a corporation, a territory under the name of New England, extending from the 40th to the 48th degree of North latitude, and from the
Atlantic to the Pacific ocean, and the Council of Plymouth in March,
1627, had sold and transferred to Sir Henry Roswell and his associates




Early Eastern Boundary of New York.             509
After the Revolution the Colony of Massachusetts obtained a new
charter from King William, by which that colony is to extend as far
westward as Connecticut. As it no where appears that the king had any
intention to grant any part of his province of New York to the Colony
of Massachusetts Bay, the word Connecticut must meanthe River Connecticut;.and if the people of Massachusetts Bay had made no settlement
at that time on the West side of Connecticut River, as I am confident
they had not, their charter can receive no other construction either in
law or equity, than that the Colony of Massachusetts Bay extends as far
westward as Connecticut River, and no farther. By inspecting any General Map of the Northern Colonies, it appears that the Colony of Massachusetts Bay cannot be bounded to the Westward by the Colony of Connecticut.1
In my humble opinion no reason of any weight can be given, why the
King should not affirm His right to the lands on the West side of Connecticut River, and to the Northward of the Colony of Connecticut,
unless it be that many families who have unadvisedly settled on the West
side of Connecticut river, would thereby be ruined. But if the King
shall think fit to confirm their possessions to them, on their paying the
Quit-rent established in His Province of New York, they cannot in any
shape be distressed, or have any just reason of complaint.
that portion of its territory described in the Massachusetts charter of
1628, and of which transfer this charter of the king was a confirmation,
with the addition of certain powers of government. The title of Massachusetts to the territory was complete without the new charter from the
king, and remained valid after that had been vacated. On the strength
of this title from the Council of Plymouth, the State of Massachusetts,
after the revolution, instituted proceedings against New York before a
court constituted under the articles of confederation, and rather than
risk a contest with regard to its validity, the State of New York relin,
quished to Massachusetts about six millions of acres of land lying to the
southward of lake Ontario, comprising a territory equal in extent to the
present entire State of Massachusetts.-Story on the Constitution, Vol.
i, pp. 44-54; Jour. N. T. Assembly, Nov. 25, 1767; Jour. Cong. Oct. 8,
1787; Street's N. Y. Council of Revision, 154-156, note.
1Mr. Colden is correct in. saying that Massachusetts could not be
bounded west by the colony of Connecticut. The natural meaning
of the language of the charter of King William as quoted, and italicised
by him, by which Massachusetts is declared " to extend as far Westward
as Connecticut," would seem to be that it should reach as far west as Connecticut did, that is, to the twenty mile line from the Hudson, which was
then understood to be the eastern boundary of New York. The idea of
interpolating the word river to give the language a different meaning
appears quite far-fetched. At the date of King William's charter'in
1691 there were several settlements under Massachusetts to the westward of Connecticut river, besides those mentioned in a former note.
Westfield, ten miles west of the river, had been occupied from 1666twenty-five years.-Holland's Western Mass., Vol. I, Chap. iII & Iv.




510         Early Eastern Boundary of New York.
As the Province of New Hampshire is bounded to the Westward by
the Eastern boundary of His Majesty's other governments, the Governor
of New Hampshire can have no pretence for extending his claim on the
West side of Connecticut River, which is the boundary Eastward there
qf the Province of New York; especially after repeated remonstrances
had been made' to him by the Govermnent of New York on this head.
Notwithstanding of this the Governor of New Hampshire continues to
grant lands far to the Westward of Connecticut River, to numbers of
people who make a job of them, by selling shares in the neighboring
Colonies, and have even attempted it in the city of New York, and perhaps with success. The Quit-rents in New Hampshire, as I am informed,
are much lower than in New York, and this is made use of, as an inducement to purchase under New Hampshire, rather than settle under New
York grants.
The most surprising part of the Representation of these Gentlemen is,
that they should propose a staving only of the Grants in New York which
extend above twenty miles from Hudson's River and were made before
the second charter to Massachusetts Bay, when it is clear that the second
charter cannot extend beyond Connecticut River, and it is not so, that
the first did not.
In the last place I cannot conceive on what principles of Justice, Policy or Public Utility these Gentlemen advise the settling the boundary
between his Majsty's Province of New York, and the Colonies of Massachusetts Bay and New Hampshire, at twenty miles east from Hudson's
River.
If all the lands in the province of New York from twenty miles of
Hudson's river to Connecticut river were given up, the Crown would be
deprived of a Quit-rent amounting yearly to a large sum, in my opinion
greater than the amount of all the Quit-rents of the whole that would
remain and is now received.
The New England Governments are formed on republican principles,
and these principles are zealously inculcated on their youth, in opposition to the principles of the Constitution of Great Britain. 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 Jurisdiction in His Majesty's Province
of New York, to extend the power and influence of the others? 1
The commerce of the Inhabitants on the East side of the Hudson's
river, to a great extent Eastward, probably as far as Connecticut river,
is with the Towns on Hudson's river; it must then be extremely inconvenient to them to be under different laws, different jurisdictions and
different currencies of money.
1 This paragraph in Lt. Gov. Colden's letter, founded as it was on undeniable facts, doubtless furnishes the key to the motive under which, in
July following, the territory, now Vermont, was separated by the ocown
from New Hampshire and annexed to New York. The English Ministry had announced their intention to raise a revenue by taxing the colonies, and were preparing their measures for that purpose. They were
desirous of circumscribing within as narrow limits as possible, the stubborn republican spirit of New England, from which they anticipated the
most determined opposition. Hence republican New Hampshire was
diminished, for the enlargement of aristocratic New York.




Early Eastern Bowndary of New      York.         511
I have no objections to the observations the Gentlemen have made as
to the boundary of this Province Westward, and I join heartily with
them in recommending a proper fund to be'established for recovering
His Majesty's Rights from all Intruders. It appears by the King's Instructions to his Governor of this Province, that His Majesty has been
informed of great Intrusions on HIis Rights by private persons, and the
Governor is directed to take all legal means for recovering of the King's
Rights. But this cannot be done without great expense at Law, for
which there is the greater reason that provision be made, because no
Officer can do his duty without incurring the resentmeent of rich and
powerful families.
I am, with great submission, My Lords,
Your most obedient and faithful servant,
CADWALLADER COLDEN.
To the Right Honorable the Lords Commissioners?
for Trade and Plantations. 








INDEX..A.                   1782,272; June, 1782, 274; Aug.
1782, 295; Jan. 1783, 315; Feb.
Abeel, David, 220, 240, 256-7, 372,  1783, 328, 331; Oct. 1783, 402;
382-3; Garret and James, 481.    Feb. 1784, 408; March, 1784,
Abbott, Col. John, 212-Letter of-    410, 411; April, 1784, 411, 413;
to Lieut. Col. Henry Van Rens-   Oct. 1784, 424, 425; June, 1785,
selaer, 217.                     428; Oct. 1786, 440, 441; Feb.
Act empowering the Governor to       1787, 449; March, 1789, 482.
raise men to assist the sheriffs, Adams, John, 24.
295; enabling the Governor and Addison County divided, 465.
Council to pardon certain per- Adherents to Vermont in the West
sons, 331; appointing commiss-   Union rewarded, 445; to New
ioners to negotiate with New     York in Windham County reYork, 486; accepting and rati-   warded, 437.
fying the act of the New York  Affidavit of David Abeel, 256; Thos.
Commissioners, 496.              Baker and David Lamb, 299;
Action of the General Assembly of    Joel Bigelow, 297; Majors Wm.
Vermont noted: June, 1778,       Shattuck and Henry Evans,
25; Feb. 1779, 26, 38; Oct. 1779,  299.
30; March, 1780, 42; Oct. 1780, Affidavits referred to: Baker's and
44-46, 66, 68, 69; Novr. 1780,   Lamb's, Bigelow's, Shattuck's
78-80; Feb. 1781, 46, 98-101;    and Evans's, Oliver Lovewell's
April 1781, 48, 106; June 1781,  and William Houghton's, 328;
138, 140; Oct. 1781, 186-189;    Abeel's and Edgar's, 220, 240,
Feb. 1782, 244-250; June 1782,   256-7, 372, 382-3.
276-280, 295; Oct. 1782, 306- Albany, (N. Y.) 285, 288, 291 490,
308; Feb. 1783, 328-334; Oct.   491, 506; alarmed, 170, 262-3.
1783, 399-404; Feb. 1784, 404, Albany County, 24.
405, 407, 408; March 1784, 409- Alexander, Wm., see Lord Sterling.
412; Oct. 1784, 422-425; June  Allen, Maj. Ebenezer, 51, 69, 78,
1785; 426-431; Oct. 1785, 429-   411-Letters of-to Col. Web432; Oct. 1786, 440-443; Feb.    ster, 72; to Capt. Jesse Safford,
1787, 445-449; Oct. 1787, 465-   75.
468; Oct. 1788, 479, 480; Oct. Alien, Ethan, 3 5-9, 27,37,52-3 59,
1789, 483-487; Oct. 1790, 496-98.  61,63-4,68-70,73,7.6,79-81,101,
Action of Governor and Council       104, 106-7,110, 113,115-16, 118,
noted; letter to Washington,     120, 122, 124, 130, 132, 135-7,
March, 1779, 36; appeal to the   142-3, 162,166,168, 184,200-01,
candid world, Dec. 1779, 30;     219, 231, 253, 256, 271, 275-6,
Feb. 1780, 42; June, July and    284-6, 288, 296-301, 372, 375-78,
October, 1780, 43; Dec. 1780,    383-5, 388, 390-91, 449; report
46; March, 1780, 47, 48; May,    against the first East Union,
1780, 49; Oct. 1780, 66; Nov.    26; trial on charges of William
1780, 73; June, 1781, 139; Dec.  Hutchins, 78; his commission
1781, 211, 216, 221; Jan. 1782,  to enforce the laws in Windham
231; March, 1782, 253; May,      County, 296; commission exe



514                           Index.
cuted, 297.  Ethan [and Ira] Amherst, Lord, 365.
Allen's Defense of the East and Amnesty, general, granted, 100.
West Unions, 231. Ethan Al- Arlington, x, 62, 136, 214, 216, 272,
len's Ms. Papers, extracts from,  497.
38, 63, 71, 84, 131, 213, 219, 231, Armistice between Vermont and
297-299. Defense of the Pol-      Gen. Haldimand, 56,118.
icy of Vermont in the contro- Arms, Josiah, 439.
versy with New York and the Arnold, Benedict, 77,116,199; JonHaldimand   negotiation, 419.     athan, 323, 328, 479, 484.
Thos. Rowley's verses on, 420. Arthur, John, 481.
Letters of-to Gen. Washing- Articles of East and West Unions,
ton, 38, 64; to Major Carleton,   187.
71; to Col. Webster, 71, 72; to  Ashcroft, Capt. Daniel, 438.
Gen. Stark, 84; to President of Avery, Samuel, 303.
Congress, 104; to Gen. Schuyler, 131; to Gen. Haldimand,                  B.
275.
Allen, Hebar, 119.                Bache, Theophilact, 481.
Allen, Heman, xiv, xx, 22.        Baker, Capt. Thomas, 299, 438.
Allen, Ira, xv, xvii, xxi, xxvii, 3, Ballstown, N. Y., 51.
7, 8, 9, 26, 33, 44, 48, 70, 73, 83, Bard, John jr., and Samuel, 481.
89, 94, 97, 99, 104, 107, 108, 112, Barden, Edmund, 481.
113-14-15-16, 118, 119, 120, 123, Barlow, Aaron, 427, 484.
124-5-6-7, 132, 134-138, 141-144, Barnard, 36.
148-150, 152, 154-5, 159, 162- Barrett, James, vi; John, 428, 440.
165, 168, 174, 176, 178-9, 186, Bartlett, Josiah, 224.
188, 190, 193, 201, 203, 210, 212, Bayley, Gen. Jacob, xx, xxviii, 82,
213, 218, 221-2, 227, 231, 242,    178, 409.-Letter of to Presi249, 253, 256-7, 271, 275-277,    dent Weare, 81.
281, 283, 289, 293, 295, 306-7, Beatty, John, 414, 416.
315, 327, 330, 371, 374-378, 385, Beckwith, Lieut, 351.
386, 391, 402, 425-429, 440-441, Beeckman, Mary, 481.
465-6, 479-80, 485-6, 496. In- Bedle, Col. Timothy, 48, 267, 273.
terview with British Commis- Bellows, Col. Benjamin, 95-6, 106,
sioners, 109-119.  Report on      112, 143. Letter of-to Prest.
his mission to Quebec relative    Weare, 226.
to trade with Canada and Eu- Benedict, George G., vi.
rope, 426. His History of Ver- Bennington, 17, 66, 69, 73, 116, 119,
mont quoted, 8, 62, 72, 97, 102,  122, 142, 160, 202, 209, 211, 216,
118, 134, 172, 173, 336, 382.     244, 247, 271, 286, 404-5, 408,
Title-page to Miscellaneous Re-   431, 497, 498.
marks of, (in lieu of the title  Benson, Robert, 258, 302, 496; Egon 113th page of vol. I.,) xxvi.  bert, 470-71, 490-91, 496.
Letters of-to British Commis- Berkshire county, Mass., 51, 67,171,
sioners, 121, 190; to Maj. Ler-   224.
noult, 128, 129; to Gen. Haldi- Bethel, 36,-75.
mand, 142, 283; to Col. Thomas Betterment or Quieting act, 430.
Lee, 210.                     Bettys, [probably Joseph, executed
Allen, Levi, 441, 445.                as a spy, in 1782,] 262.
Allen, Parmerlee, 140.            Bigby, Samuel, 438.-See Bixby.
Alexander, lieut. John, and ensign  Bigelow, Joel, 297, 302, 438.
Jonathan, 438.                Biglow, William and Jotham, 406.
Alliance and Confederation with   Billings, Samuel, 43.
New York and New England Bishop and Brummell, 365.
States invited, 34, 82, 84-87.  Bixby, Samuel, 299.-See Bigby.
Alstead, N. H., 224.              Bleeker, John, 160.




Index.                          515
Bliss, Oiville S., vi.               from congress to the American
Blodgett, William, letter of; to Gov.  provinces, 15; extract from
Chittenden, 474.                 speech of Lord George GerBoard of War, 38, 44-5, 48, 249, 253,  maine, 15.
329; resolution of, 247.      Caldwell, Capt., 304; Caldwell, JoBogart, Nicholas C., 481.            seph, 188.
Bond, George, 156-7, 164, 328.   Cambridge, N. Y., 102, 121,130.
Boston traders and noblesse, 194.  Campbell, Brig. Gen., 350, 352; Col.
Boudinot, Elias, 157, 312.           John, 356, 361.
Boundary Questions, (not Indepen- Canada Papers, 3.
dence) submitted to Congress, Carleton, Maj. Charles, 6, 51, 53, 69,
100; questions of created, to be  70, 72, 73, 75, 142. Letter of, to
referred to congress, 203; boun-  Ethan Allen, 70.
dary established between New  Carleton, Sir Guy, 202, 291, 308,
York and Vermont, 497; early     348-9, 445, 465; instructions to,
eastern boundary of New York,    281.-[See Lord Dorchester.]
499.                          Carleton, Lieut. Col., 292, 350, 353,
Bowker, Joseph, 44, 246.             361.
Boyd, Robert, 481.               Carpenter, Asaph, 409; Col. BenjaBradford, Dr. P. D., vi.             min, 112, 313; Cyrel, 409; EdBradley, Lieut, 355.                 ward, 406, 409.
Bradley, Stephen R., xxvii, 33, 79, Carroll, Daniel, 157, 220, 259, 310.
94, 154-5, 278-9, 314, 400, 402, Carlisle, Capt., 225.
405, 421, 429, 479, 484, 486, 496. Castletoi, 38-9, 43, 68-9, 115 19,
Brant, Captain Joseph, 290, 342,     168, 195, 496.
344, 345.                     Certificates for the protection of Ira
Brattleborough, 24, 27, 31, 101, 270,  Allen, 135, 144..
273, 277-8, 286, 295, 303, 405-407. Chamberlain, Joseph, 409.
Brewster, Capt. Ebenezer, 48; -, Chandler, [Thomas,] xx, 244-5, 248.
178.                          Chapman, Henry, 481.
Bridgeman, John, 313, 405,.406; Or- Charles II., King, grant by of New
lando, 406.                      York to James, Duke of York,
Brownson, Col. Timothy, 7, 8, 44,    501, 503, 506.
99, 115, 135, 144, 220, 307, 329, Charlestown, N. H., Convention,
447, 484; Capt. (Maj.) Gideon,   xxvii, 97,111; Vermont Assem133, 249.                        bly at, 185-6, 220, 377; 55, 193,
Brush, Alexander, 407.               213.
Bullock, Shubael, 409.           Charlotte, county of, 23, 24.
Burgoyne, Gen., 116, 124, 202.   Cheshire, N. H., county of, 97, 137,
Burnet, Capt. 354.                   213.
Burt, Joseph, letter of, to President Chesterfield, N. H., 224, 226.
Weare, 225.                  Childs, Major, 81, 178.
Butler, Col. 363; James Davie, v.  Chipman, Daniel, 375, 430, 448, 470,
Butterfield, -Benjamin, 439.         471,478; extracts from his Life
of Nathaniel Chipman, 377-387,
C.                    430-431, and Memoir of Chittenden, 448.
Cabinet, British, conciliatory pol- Chipman, Dr. Lemuel, 480.
icy of; in 1778-1779, 9 to 15; Chipman, Nathaniel, 193, 307, 328,
extract of speech of Lord North  375, 378, 387, 405, 429, 431-2;
on, 10-12; action of the House   469-471, 486, 496, 498. Letter of,
of commons and lords on, 12;     to Alexander Hamilton, 471.
peace commissioners appoint- Chittenden County formed, 465.
ed, 12; powers of commission- Chittenden, Governor Thomas, xx,
ers, 13; repelled by congress,   xxi, 3, 5, 6, 7, 26, 27, 29, 30,
14; appeal by commissioners      32, 34, 47, 65, 92, 102, 103, 104,




516                          Index.
109, 112, 115, 118, 120, 124, 135,  York, 24, 25, 27, 28, 30, 35, 50,
136, 137, 142, 144, 149, 158, 160,  51, 66, 83, 103, 112, 120, 132,184,
162, 176, 178, 190, 193, 212. 213,  220, 240, ~50, 274, 286, 287, 302,
218, 221, 223, 230, 242, 244, 247,  308, 313, 314, 322, 334, 371, 372,
271, 283, 284, 285, 293, 295, 312-  373, 383, 399, 413, 469, 478.
315, 325, 328, 334, 370, 372, 375,  Proclamation against Vermont,
377-8, 385-7, 401, 405, 412, 419,  24; threatens to prorogue the
421, 430-32, 443, 465, 479, 480,  assembly of New York, 35, 103;
483, 484. Message of to gene-    compliment to Vermont, 51;
ral assembly, 44; tart remon-    message to the assembly on
strance of to congress, 315-324;  treason in Vermont, 256; and
proclamation for observance of   on trouble in Windham Counlaws, against treason, &c., 26,  ty, 413; instructions to Col.
and on the Shays rebellion, 446;  Timothy Church, 274; objects
address to the people of Vt. 443;  to the act of New York emspeech on retiring from office   powering commissioners to nein 1789, 484; address to on that  gotiate with Vermont, 491.
occasion, 485. Letters of-to     Letters of —to Gen. Schuyler,
Gen. Washington, 36, 91, 133,    51, 130; to Gen. Washington,
199, 254; to president of Mas-   50, 51,52, 53, 66, 240; to Stephen
sachusetts Council, 30; to Col.  Lush, 78; to James Duane, 103;
Van Schaick, 41; to Giles Wol-   to Gen. Stark, 169, 170; to Brig.
cott, 43; to Maj. Goodrich, 47;  Generals Van Rensselaer and
to Gov. George Clintonof New    Gansevoort, 311; to Gen. HaldiYork, 34, 51, 67, 82; to Govern-  mand, 240; to Chas. Phelps for
or Trumbull of Connecticut, 34,  compulsory measures against
84; to Governor Hancock of        Vermont, 270; more moderate
Massachusetts, 34, 86, 412; to    advice, 287; to adherents to
the Governor of Rhode Island,     New York in Windham Coun34; to General Haldimand, 63,    ty, 25, 27, 302; to Gen. Ganse64, 65; to Gen. John Stark,      voort, 370; to congress, 25, 27,
204, 216; to Maj. Gen. Elisha     28, 31, 302, 313, 314, 334, 413.
Payne, 214; to Stephen R. Clinton, Sir Henry, 5, 13, 14, 119,
Bradley, 314; to the president   257, 262. His opinion of Verof congress, 29, 32, 315, 328,414;  mont, 192. Letters of-to Gen.
to Capt. Van Rensselaer, 369;    Haldimand, 145, 153, 182, 192,
to John Bridgman, 406.           198, 253, 339, 341, 345, 368.
Church, Ensign Reuben, 438; Col. Clymer, George, 259.
Timothy, 274, 295, 300, 303, 313, Cockburn, William, 481.
314, 321, 322, 329, 332, 334, 399, Coining of money authorized, 427.
401; 406, 438, 439.           Colden, Cadwallader, xi, 16, 17, 20,
Clark, Abraham, 259, 310; Col. Geo.  499, 500, 506-511. Letter ofRogers, 290, 342, 344, 345, 444;  to the Lords of Trade in 1763,
Maj. Gen., 349; Maj. Isaac, 8,   505.
71, 72, 107; Rev. Thomas, 481; Collamer, Jacob, vi.
Henry, v, vi; Nathan, xx.     Collections of Vermont Historical
Clay, James, xxii, 97.               Society, vol. I., vindicated, viiCleaveland, John R., vi.             xxv.
Cleve, Captain, 351, 352.        Collisions in the West Union, 209Clinton, Brig. Gen. James, xxviii,   213, 215-219; in East Union,
37, 51,170. Letters of-to Gov.   213-215, 221-227.
Clinton, 54, 80, 109.         Commission of Vermont delegates
Clinton, George, Deputy Governor     to congress, 141.
of the Province of New York, Commissioners, British Peace, ap503.                             pointed, 12; Gen. Haldimand's,
Clinton, George, Governor of New     to negotiate with Vermont, 89;




Index.                           517
Vermont, appointed, 73; re-       Peace Commissioners, 14; apports of Gen. Haldimand's, 148-   peals of Vermont to, from 1776
150, 178,190, 194; they propose   to 1781, 22-34; Vermont Agthat Vermont declare itself a     ents withdraw from, their reply
British province, which the       to its secretary, 34; adverse to
Vermont commissioners de-         Vermont, 22-34, 103, 309-312,
cline, 172; Gen. Haldimand's      323-4; favorable to Vermont,
commissioners insist that he      57, 93, 157, 167, 255, 259, 334,
shall issue a proclamation to     415-419; instructions of to comnthat effect, which the Vermont    mittee, 164; resolutions settling
commissioners objected to, but    boundaries of Vermont and
finally assented, 172-174, 178;   threatening force in case of
form of proclamation proposed     non-compliance, 243, 311; resby Gen. Haldimand, 181; corn-     olutions preliminary to recognissioners appointed by Ver-      nition of Vermont, 259; gave
mont to treat with New York       no aid to insurgents in Windand New Hampshire on bound-       ham county, 303; accepted New.aries, 188, 259; appointed by    York's cession of western lands,
New York to negotiate with        304; temper of against VerVermont, and letter of to Gov.    mont, 309; debate in, 310; resChittenden, 483; and by Ver-      olutions against Vermont, 312;
mont, 486; Vermont and New        Rhode Island and New Jersey
York, correspondence of, 487-     alone support Vermont in, 312;
494; consent of New York to       reception of Vermont's remonthe admission of Vermont to       strance, 323,324; report of cornthe union, 494; Vermont, re-      mittee in favor of Vermont, 334,
port of to the general assembly,  415-419; obstacles in to the
496.  Letters of Gen. Halcdi-     recognition of Vermont, and
mancd's commissioners -- to Ira   schemes for the recognition of
Allen, 250; to Vermont corn-      new States, 433-436. Agents of
missioners, 263, 267; to Gen.     Vermont to, elected, 30-33, 231,
Haldimand, reports, 109-29,136,   306, 403, 424, 429, 441, 479, 487;
148-150, 178, 190, 194; their     instructions to, 248, 306, 479;
opinion of Vermont, 150, 382.     made   plenipotentiaries, 306.
Committee, Grand, of the Governor     Delegates to, from  Vermont,
and Council and Assembly es-      elected, 138, 249, 329, 402, 424;
tablished, to settle disagree-    commission to, 141.
ments between the two houses, Connecticut, 268, 269, 499, 500, 502,
404; proceedings in, 186, 399,    507-509.
401, 410, 479, 480, 484-487.  Constitution of the United States,
Committee of Publication, Vt. Hlist.  influence of its adoption upon
Society, 3, 4, 499; Committees    Vermont, 468; adopted by Verof the Society, vi.               mont, 498.
Committee of the Whole, proceed- Constitution of Vermont, adoption
ings in, 98, 99, 186, 244.        and promulgation of, 24; act of
Common Law of England adopted         assembly of 1782 establishing,
by Vermont, 280, 448.             277; notes on that and similar
Completeness of the Haldimand Pa-     acts in 1779 and 1787 establishpers on the negotiation, 392.     ing, 277, 429, 448. Provisions
Conally, Mr., 343.                    of cited- as to legislative powConfederation, third and ninth arti-  er, 277; as to election of delecles of, obstacles to Vermont,    gates to congress, 402; on pow432, 463.                         ers and duties of the Governor
Congress, warned of the overtures     and Council, 411; as to courts
made by British agents to Ver-    and bankrupts, 422; as to pubmont, 9; rejects the British      lie acts, 430.  Revised and.
66




518                           Index.
amnended, first Constitutional    forced in, 279, 280, 295-302, 308;
Convention, 440.                  pardon to citizens of authorizControversy between Nlnew York        ed, 331, 401; insurrection in,
and Vermont prior to 1781, 16-    313-315; suppressed, 399-402,
21; statement of and resolu-      404, 405, 409-412, 423, 424.
tions on by Nlew York, 205-207; Curtis, Elijah, 409.
settlement of, 449-464, 468-496. Curtiss, Abel, 231, 253, 276,307, 330.
Conventions-at Windsor, 22; Wal- Cutler, Thomas, 97.
pole, N. IH., 95; Charlestown, Cypher, letter in, Sir Henry ClinN. H., 97; Cornish, N. I., 98;    ton to Gen.l Haldimand, 339;
Cambride, N.,. 102, 121;      translation of, 341.
first Constitutional Conventionl
at Manchester, 440; Vermont                  D.
Convention to adopt the Constitution of the United States, Dana, John W., 246.
498.                          Danier, Lieut., 364.
Cord, -—, 199.                   Danilson, Lieut. Daniel, 438.
Cornish (N. H.) Convention, 98.   Danville, origin of name of, 449.
Cornwallis, Lord, 188, 191, 192, 194, Dartmouth, Lord 292, 348, 349.
195, 198, 204, 230, 251, 368.  Davis, Capt., 225; —, Sir Henury
Correspondence of British officers    Clinton's messenger, 254.
with Gen. Haldinmand, not con- Day, Mtaj. Elkanah, 97, 303; Luke,
cerning Vermont, 339-366.         446.
Correspondence of NTew York and   Dawson, Henry B., xxvii; reply to
Vermont colmmissioners on set-    strictures of, vii-xxv.
tlement of the controversy, 487- Defense of East and West Unions,
494.                              231.
Council of Censors, first, 431, 432.  De Grasse, Admiral, 190.
Council of New York, report of- on De Lancey, Oliver, 605.
boundaries in 1763, 499; of Ply- Delaware, 268.
mouth, (England,) xxvii, 508-9. De Peyster, J. Watts, v; Maj., 290,
Country, condition of, March 1779     342, 344.
to May 1781, 35-41.           De iRauchenplat, Lieut. Col., 356.
Courts in Rutland and Windsor Deserters'rom Continental Army
counties, attempts to break up,   in Vermont, 243, 326.
443.                          De Weitersheim, iMaj., 356.
Cozine, John, 481.                Dewey, Charles, vi.
Crachan, Mr., 343.                De Witt, Charles, 414; Simeon, 483,
Craigcroft, Major, 342.               490, 496.
Crawford, Col. (William,) 290, 363.  Digby, Aldmiral, 191, 304.
Creditors of Vermont required to Dissolution of first East Union, 26;
present claims or be forever bar-  of East and West Unions, 244red, 441.                         248.
Crosby, Lieut. Isaac, 438.        Division of the territory of Vermont
Crown Point, N.., 6, 52 62   69, 69  between New York and New70, 72, 3, 75, 101, 116, 131, 132,  Hampshire suggested, 26,31, 94.
168 176, 180, 201, 202.       Dobbs' Ferry, N. Y., 240.
Cruger, Nicholas, 481.            Dorchester, Lord, 3; Sir Guy CarleCumberland [Windham] County,        ton as Lord Dorchester, 445. 4655.
23, 25, 29, 31, 95, 97, 210, 241, Dorset, x.
274, 287; affidavits concerning  Douglas, Samuel, 366.
events in, 297-302; dissatisfac- Draper, (Wilmington,) 424, 429.
tion in with New York, 18; Dresden, N. HI., 74.
with Vermont, 24, 196; hostili- Drummond, Ensign, 145, 152.
ty to Vermont in, 272, 273, 286, Duane, James, 19,156, 304, 412, 497.
287; authority of Vermont en-     Letter of-to Gov. Clinton, 83.




Index.                           519
Du Calvert, Monsieur, 199.                       F.
Duer, William, 481.
Duke Ferdinand of Brunswick, 351. Fairbanks, Franklin, vi; Capt., 225;
Dunmmerston, xvi, xxv.                Lieut. Col. Samuel, 184-5, 188,
Dunmore, John Murray, Earl of, 17.    209-10, 369.
Dunn, Thomas, 353.                Farnesworth, Joseph, 49.
Dutchman's Point, 411.            Fassett, John, 7, 8, 44,101, 115,135,
Duycking, Gerard, 481.                144, 231, 247; Jonathan, 447.
Dyer, Eliphalet, 324.             Fay, Dr. Jonas, viii, xv, xvi, xvii,
xx, xxi, xxviii, 46,115,135-6,138,
]E.                    141, 143-4, 164-5, 186, 188, 231,
249, 250,-253, 262, 276, 277, 306,
Early Eastern Boundary of New         329, 425.
York a twenty mile line from  Fay, Maj. Joseph, 7, 8, 37-8, 42, 46the Hudson, 499-511.              8, 73, 7 9, 99; 104, 132, 135, 142,
East Bay, 497.                        144-5, 148-150, 152, 161-163,
East Union, 25, 26, 94-103, 185, 213,  168, 174, 176, 178-9, 201, 244,
221-227, 242. East and West       267, 271-2, 328, 383, 425, 445.
Unions, 94-103, 223, 242; con-    Letter of-to Gen. Haldimand,
ditions of, 100; votes of the     158.
towns on the East Union, 101; Fay, Nathan, 412.
apprehended violence in, 185' Fellows, Maj. Gen., 221.
Collisions in West, 184, 185, Ferrin, Whitman G., xxv.
209-219; in East, 213, 221-227; Finances of Vermont, in 1781, 189;
defense of both Unions, 231;      in 1787, 466-468.
explanation of to Congress, 242;  Fishkill, NT. Y., 267, 291.
dissolution of; 26, 244-248.  Fletcher, Gen. Samuel, 44 143,193,
Economy in incidental expenses of     249, 400, 405.
the General Assembly, 407.      Floquet, Pere, 194, 199.
Eden, William, 13.                Fogg, Capt., 216.
Edgar, John, see Afficcdvits referred Follett, Timothy, 66.
to.                           F Fort Ann, T. Y., 51, 66,68,193,201;
Edmunds, George F., v.                Fort Edward, NT. Y., 51-2, 66,
Edwards, Admiral, 147; Rev. Jon-      195; Fort George, N. Y., 51,
athan, 244; Pierpont, 475.        (i8, 201; Fort St. Johns, 116;
Ellery, William, 414, 416.            Fort Warner, 72; Fort VenEllett, Capt. Joseph, 438.            geance, 72, 75.
Ellis, —, 281.                   Four Brothers, 497.
Ellison, Thomas, 481.             Franking Privilege in Vt., 404.
Ely, Samuel, 322.                 Franklin, Dr. Benj., 379; Jolhn, 481.
Embargo ordered, 42, 49, 140, 482.  Franklin, (now Tennessee,) 432.
Encourag'ement to agriculture and Franklin, N. 1., xxvii.
manufacture of linen, 468; for Fraser, Capt., 353.
nail-making rejected, 428.    Frederick. Earl of Carlisle, 12.
Enos, Roger, xxviii, 143, 174, 193, Freeman, Jonathan, 74; -, 199.
222, 227, 247, 306, 328-29. Let- Freemen of Ytermont, privileges of,
ters of-to Gen'l. Washington,     limited to freeholders, 448; pro168; to General Stark, 189,193,   posed acts of the General As195.                              sembly submitted to the, 446.
Essex County, 35.                 Free Trade with Canada and EuEvans, M   naj. Henry, 299, 300 301,303,  rope, 410-11, 425-6, 465.
309, 313-315, 321, 406, 438, 439.
Everts, or Evits, Oliver,.                      G.
Exeter, N. H., 221, 225-227.
Expulsion of a member of the gen- Gain, Hugh, 481.
eral assembly, 447.           Gale, Sampson, 408




520                           Index.
Galusha, Gov. Jonas, v, 447.      Graves, Rear Admiral, 145.
Gansevoort, Col. (Gen.,) 52, 184, Gray, Major,-Letters of-to Gen
209, 212,213, 215,219, 370. Let-   Haldimand, and Sir Guy Carleter of-to Col. Walbridge, 218.    ton, 365.
Gates, Gen. Horatio, 38.           Greene, Gen., 40, 190.
Generai Assembly, action of, 42, 44, Green Mountain Boys, 19, 319.
46, 48, 66, 78, 99, 106, 133,138-9, Gregg, Thomas, 481.
188, 194, 246-7, 277, 307, 329, Griswold, Isaac, 224.
332, 399-411, 421-432, 440-443, Groom, Francis, 481.
445-449, 465-468, 479-480, 483- Grout, Hilkiah, 96.
487, 496-498; reply of to resol- Guilford, 270, 272, 277-8, 286, 295,
utions of Congress of Dec. 5,      303, 314, 322, 399, 401i 405.
1782, reported, 332, and adopted unanimously, 334; acting in                H.
case of bankruptcy, 422; as a
court of chancery, 424, 429; dis- Hadley, Mass., 507.
agreement of with Governor Hager, Albert D., v.
and Council, 441; ratifies the laldimand, Frederick, 1, 3, 5, 6,
settlement of the controversy     65-6, 69,124, 136, 137,142, 162,
with New York, 496.                170, 173, 176, 179, 240, 250, 257,
George the Third to Lord North,       289, 374, 378, 411, 421  instruc10; order in Council as to Ver-   tions of, to his commissioners,
mont in 1767, 17.                  87; form proposed by, to proGeorgia, 268.                         claim Vermont a British ProvGermain, Lord George, 14, 15, 57,     ince, 181; negotiation of' with
59, 203, 207, 265-6,274, 281, 391.  Vermont, 5-10, 55-57, 59-337;
Letters of- to Gen. Haldimand,     prepared to invade Vermont,
59, 98, 140, 146, 184, 230; to Sir  265, 273, 281, 376; opinion of
Henry Clinton, intercepted and    Vermont, 151, 265, 382. Letters
strongly influences Congress to    of-to Lord George Germain,
favor Vermont, 57, 93.             59, 87, 107, 130: to Gov. ChitGilbert, Elias, 296.                  tenden, 70, 290; to Maj. LerGilman, John Taylor, 312.              noult for Ira Allen, 125); to Sir
Girty, George, 342.                   Henry Clinton, 151,176-7,179Gloucester County, 23-4, 95, 97.      181, 207, 251, 265, 273, 342, 346Goodrich, Maj. William, 47.           7; to his commnissioners for Maj.
Goodwin, Capt. W. F., xxvii.          Fay, 161; to Sir Guy Carleton,
Gorges, Sir Ferdinando, xxvii.        280, 282, 288, 291-293, 304-5,
Gospel, act for support of ministers  347-350, 352, 354-356, 361, 364,
of, and of houses of worship,     366; last, to Vermont, 335; to
403.                              the Earl of Shelburne, 349; to
Governor, votes of the freemen for,   whom   it might concern, [inin 1789, 483; first election of by  tended for Gen. Washington,]
general assembly, 484.             362.
Governor and Council, action of, 42- Haldimand Papers, xxviii, 3,339,5544, 46, 48-9, 66, 73, 83, 99, 139,  337, 339-366; completeness of,
243, 253, 255, 272, 274, 296, 315,  392.
328, 331-2, 402,408-411,413 —414, Hale, Col. Enoch, letter of, to Prest.
424-5,428,440-42, 449,482; as a    Weare, 213.
court of impeachment, 428; dis-  Ialifax, 270, 273, 277-8, 286, 303,
agreement of with the General     401, 405.
Assembly, 441.                 Hall, Benjamin H., xxviii, 3-6, 64,
Grafton County, N. H., 95, 97.        65, 70, 168, 241, 391, 407, 412.
Grlaham, Elizabeth, 481.          Hall, Hiland, v, vi, xxviii, 9, 239,
Grand Isle, 497.                      391, 397, 487.
Granville, N. Y., 75.             Hallett, Joseph, 481.




Index.                           521
Hamilton, Alexander, 311, 324, 436, I-ope, Lieut. Col., 292.
450, 464-5, 469-471, 474, 478, Hopkins, Herman D., vi; Roswell,
496; bill of, to concede the in-  47, 99, 249, 331, 424, 484, 485.
dependence of Vermiont, 449; Horsmanden, Judge Daniel, 500-05.
speech for Vermont, in reply  Houghton, George Frederick, v;
to Richard Harrison, 456-464.     John, 406; William, 328.
Letters of-to Nath< iiel. Chip- Howard, Roger S., vi; --, 160-61.
man, 472, 476.                Howe, Capt. Artemas, 438.
H-amilton, Alexander I., 481.     Howe, Lord Viscount of Ireland,
Hamilton, Gov. Andrew, 503.           12, 342.
Hamilton, Lieut. Gov., 3-9.       Howe, Sir William, 12, 13.
1-lammllond, Sir Andrew Snape, 349, HIowell, David, 309, 310, 405.
350.                          Howes, Joseph, 407.
Hampshire County, Mass., 171, 322. Hubbardton, 202.
Hancock, Gov. John, forlids inter- I-Hunt, Maj. Jonathan, 96, 295, 302ference by citizens of Massachu-  3, 406, 484.
setts with the contes's between  Hlunt, Col. S., 95, 96.
Vermont and New Tork, 412.    Huntington, Samuel, 105, 107.
Hanover, N. 1I., 74.              Hurlbert, Capt., 119.
Hard, or Hurd, James, x.          Hutchins, William, 78, 80.
Hardy, Samuel, 414, 416.
Harmon, Reuben, jr., 472                         I.
Harper, —, 132.
Harris, Edward, 246.              Impeachment, trials for, by the
Harrison, Richard, 450, 470, 471;     Governor and Council, 428; exspeech of, against Alexander      ecution issued for costs of, 440.
Hamilton's b)ill for Vermont, Index to Stevens Papers, xxvii, 64.
450-456.                      Indians, Six Nations, extract from
Hartford, Vt., 74, 170.               a speech of a chief of, 362.
Hartford, Conn., 122, 239.        Inglis, Capt., 207..
Harvey, Alexander, 484;   -, 366; Inimical Persons, exclusion of; 402.
Captain, 225.                 Instructions of Gen. Haclimand to
Hatfield, MIass., 507.                his commissioners, 87; of AsHaswvell, Anthony, 405, 410.          semnbly of Vermont to Agents
Hathawav, Simeon, 79, 80.             to Congress, 248, 306-7; ofBritHaverhill, N. H., 267.                ish Cabinet to Sir Guy CarleHay, —, 199.                         ton, 281.
Hays, Rutherford, 406.            Insurrection in Windham County,
Heacock, Capt. Ezra, 158, 199.        313, 412; in Windsor and RutHeald, Daniel, 484.                   land Counties, 443, 444.
Ieath, Maij. Gen. William1, 80,167, Interview, first formal, of Ira Allen
183, 185,193 196, 19, 263; gen-   and Gen. Haldimand's commiseral orders of, 198. Letters of   sioners, 108-119; second, beto Gen. Stark, 171, 189, 224.    tween Joseph   Fay and the
Henry, Benjamin, 97.                  same, 148-163; thirl, 172-178.
Herrick, Col. Samuel, 68.         Introduction, 5-57.
Hibbard, Rev. Mr. (Ithamler,) 119. Irwin, Gen., (Irvine, Gen. William,)
Iickok, Capt., 176.                   290.
Hicks, Charlotte, 481.            Isle aux Noix, 108, 142, 281.
Hitchcock, Samuel, 485.           Ives, Abraham, xv.
Iodges, George Tisdale, v.
Holmes, Capt. L., 95, 96.                        J.
1'IIommledieu, Ezra, letters of —to
Gov. Clinton, 148; to Congress, Jacob, Stephen, 246, 486.
153-156.                      Jacobs, 3enj. A., 274, 275.
Hoosac, N. Y., 160, 212) 219.     James, king of England, 1620, xxvii.




522                          Index.
James, duke of York, in 1663, 501-2, Laws, proclamations requiring obe506-08; as king James, 508.      dience to, 26, 466.
Jay, John, 28, 30, 436, 474, 481; me- Locke, John, 481.
morial of, and sixty-four others, Lebanon, N. H., 74.
to Assembly of New York in Ledius, (Lycius,) John Henry, 501,
favor of Vermont, 480. Letters   504, 505.
of-to Gov. Clinton, 30.      Lee, Capt., 140; Col., 444.
Johnson, Col. Charles, 81, 178; Capt. Leight, Mrs., 481.
George, 13; Sir John, 365;     Lentz, (or Leutz,) Col., 354.
John, 481; —, 112, 256; Col. Leonard, Jacob, 481.
Thomas, 168; Sir William, 343. Lernoult, MIaj., (written Lunno by
Johnson, Dr. William Samuel, 436,    Ira Allen,) 114, 116. Letter of
449, 474. Letters of —to Gov.    -for Ira Allen to Gen. HaldiChittenden, 436, 445, 475.       mand, 116.
Joint Assembly, action of, 246,249, Letter to Gov. Clinton, containing
276, 306, 328-330, 403, 421, 424,  substance of the negotiation,
425, 429, 441.                   257; also in London Courant,
Jones, Daniel, 95-96, 188; Judge,   xxvii, 14, 264.
11; Joseph, 94,-letter of, to Lincoln, Maj. Gen. Benj., 200, 445-6.
Gen. Washington, 326; Reu- Lindsay, John, 481.
ben,, xxxi, 80; Samuel, 496; Linsley, Charles, v.
Judah, Benjamin, 481.            List of British transports, 353.
Judevine, Joseph, 481.           Livermore, Samuel, 276. Letters of
-to Prest. Weare, 220, 227,
K.                     259, 287.
Livingston, Mrs. Marquett, 481;
Keene, N. H., 224, 225.              Robert, 483.
Keith, Sir,    127.              Livingston, Robert R., Secretary
Kellogg, Loyal C., vi.               for Foreign Affairs, 287, 490.
Kelly, John, 436, 445, 449, 475-6,   Letter of-to Dr. Benjamlin
481. Letter o —to Gov. Chit-     Franklin, 379.
tenden, 473.                 Lockland, Lieut., Dennis, xvi, xxv.
Kemble, Peter, 481.              London Courant xxvii, 14, 264.
Kentucky. 432, 469, 472, 476(.   Long Isle, 497.
King, Rufu, 483; SLamuel, 224 —-226. Long Island, NT. Y.O01, 50506.
Kingsborouh, N. Y., 68.          Loomlis, Beriah, 432.
Knight, Samuel, 245, 248, 406, 424, Lord, William, H., vi.
427, 429, 439.               Loring, Mr., 305.
KnoAwltohi, Luke, xxvii, 33, 96, 155, Loudoii Lord, 365.
310, 323, 432, 479.          Lords of Trade, (English,) 499, 500,
Knox, Gen. Henry, 40.                505.
Knyphausen, Lieut. Gen., 146, 153, Lovell, Oliver, (or Lovewell,) 96;
177.                             Loveowell, Oliver, 328,334.
Lush, Stephen, letter of, to Gov.
L.                    Clinton, 78.
Lutterloh, Col., 244.
Laconia, grant of province of, xxvii. Lyman, Simeon, 108.
Lafayette, Marquis de, 266, 345.  Lyon, Capt. Matthew, v, 106, 115,
Lamb, Ensign David, 299, 438.        136-7, 231, 248, 328, 428-9, 432.
Landgrave of Hesse, 354.
Landon, Samuel, 481.                            3.
Lansing, John, jr., 483, 490, 496.
Lansilngburgh, N. Y., 184, 285.  MeAdam, Ann, 481.
Laurens, Henry, 14.             ]McKie, John, 254.
Law, Richard, 259.               McKIean, Thomas, 310, 311.
Lawrence, Mr., 251; John, 481.  McKiel, Alexander, 342.




Index.                           523
Maclean, Brig. Gen. Allen, (Allan) MIonitors, Legislative, 479.
349, 353-5, 362.              Montgomery, John, 157, 287.
MacLean, Donald, 366.             Moore, Sir Henry, 17.
McClean, Lieut. Col., 346, 353.   Moron, (Morey, or Morrow,) --
McCormick, Daniel, 481.               178.
McCracken, Maj., 130.             Morris, Gouverneur, 436; Lewis R.,
McDougal, Gen. Alexander, letter      470, 498; Judge Richard, 220,
of, to Gov. Clinton, 106.         257.
McKenzie, Ned, 481.               Morrison, Robinson, 444.
McKlinstry, M\/aj., 160.          Murdock, Thomas, 44.
Madison, James, 57, 94, 261, 268, Mulligan, Hercules, 481.
309, 312, 323; observations of, Murray, Nicholas, 357; Richard
relating to the influence of Ver-  360.
mont and the western territor- Mutiny of New Jersey troops, 40.
ial claims on Congress, 268.
Letters of-to Edmund Pendle-                 N
ton, 57, 161, 241-2, 258, 287, 304,
308.                          Nails, duty on, proposed, 428.
Madison Papers, 243.              Names of Danville, St. Johnsbury,
Maine, 432; first grant of Province  and Vergennes, origin of, 449.
of, xxvii.                    Naturalization of St. John de CreveMalcom, Col., 66.                     coeur and three sons, xxviii, 449;
Manchester, 296, 440, 479.            of a citizen of New Hampshire
Marsh, Charles, vi; Daniel, 432.      proposed, 429.
Marsh, Joseph, xxii, 74, 484. Let- Neat, William, 481.
ter of-to Gen. Washington, 74. Nefgotiation with Great Britain inMaryland, 106, 268.                   stituted by Vermont, in 1785,
Marlborough, 270, 273, 278, 303.      4_26.
Marshal E., letter of, to Gen. Stark, Nevin, Daniel, 481.
171.                          Newcastle, Delaware, 503, 504.
Martin, Jonathan, 225.            Newbury, 35, 405, 409, 465; voted
Marvin, Dr. Ebenezer, 444, 484-5.     to join New Hampshire, 274.
Mason, John, xxvii, 481.          Newcomb, Daniel, 96.
Mason Grant and Mason Line in     New England provincial governNewr Hampshire, Vermont's         ments republican, 510; New
jurisdiction to, xxvii, 56, 97, 99.  York not republican, 510.
Masonia, grant of, xxvii.         New England men in the ContiMassachusetts, 40, 86, 268, 274, 322,  nental Army, 41, 325.
401,410, 412, 432, 445-6, 499, 501- New England Presbyterian Whigs
4,506-10; claim of to part of Ver-  first settlers in Vermont, 380.
mont relinquished, 87.        Nvew Hampshire, 16, 25-6, 56, 106,
Mathews, Capt. R., 115, 124.  Let-    221-2, 243, 268, 312, 429, 468,
ters of-to Capt. Sherwood, 124,   499, 500-503, 506, 510; grant of;
126-7; to MI. Morgan, 355.        xxvii; instructed her delegates
Mattocks, Samuel, 440, 468, 484.      in Congress to claim jurisdicMemorial of New York Delegates       tion over Vermont, 94; contemto Congress, 153.                 plated to use force against VerMTengen, Lieut. Col. de, 354.         mont, 25, 213, 214, 221; ordered
Militia of Vermont, number in 1781,   arrests in the East Union, 224.
167; in 1782, 239; thanks to New Haven, Conn., 506.
for suppressing insurrections, New Jersey, 268, 01,503; delegates
448.                              in Congress instructed to supMinott, Samuel, 27.                   port Vermont, 310, 328; with
Mitchell, Andrew, 366; Mr., 474.     Rhode Island stands aIlone for
Monckton, Gov. Robert, 499-501,)      Vermont in Congress, Dec. 3,
505-507.                          1782, 310, and Dec. 17, 312.




524                           lIndex.
New Lights, or Separates, 379.                   0.
New York city, 76, 469, 487, 490.
New York, 246-7, 268, 312, 413, 469; Olcott, Gen. Peter, 33, 106, 111-12,
controversy of with Vermont,      155, 188, 444.
16-21; condition of, March 1779 Olin, Gideon, 432, 447, 470, 484.
to May 1781, 49-55; Quit-rent Opinions concerning Vermont in
tax, 19-20; effect of constitution  the IHaldimanda negotiation-of
of on Vermont, 20; jurisdiction   Samuel Williams, 267; of Willof Vermont over part of, 56;      iam L. Stone, 369; of Daniel
protected  by Ethan Allen's       Chipman, 375; of Jared Sparks,
truce, 73; proceedings of the     388; references to opinions of
legislature of, 205; proposition  Zadock Thompson, Iiland Hall,
to withhold supplies from the     and Benjamin I. Hall, 391; reArmy of the Revolution, 252;      ferences to opinions of Sir
acts of to quiet Vermlonters,     Henry Clinton, Gen. Haldi258; council of appointment of    mand, and the British Commisissues civil and military con-    sioners, 368.
missions in Cumberland (Wind- Orange County, 277, 409.
ham) county, 274, 286; letter of Ormsby, Gideon, 432.
delegates of in Congress to Gov. Osgood, Samuel, 481.
Clinton, 302; intention to subdue Vermont by force, 27, 28,                P.
370-71; resorted to force in the
WTest Union, 209-213, 216-218; Page, Dr. William, 95, 96, 213, 215,
defeated by Vermont, 219; re-     221, 222, 227.
lief to adherents of in Wind- Paine, Elijah, 101, 440, 485-88, 496.
han county, 437; action of Sen- Paine, Ephrainm, 414.
ate offavorable to Vermont, 35, Paper currency rejected, 441.
and of Assembly, 449; 481-2; Parr, Gov., 366.
debate on Vermont in Assem- Parsons, Eli, 447.
bly of 1787, 450-464; acts of Partridge, George, 416.
Assembly of empowering Con- Pasquinade on act to negotiate with
missioners to settle the contro-  New York, 487.
versy with Vermont, 483, 490; Patterson, Col. Eleazer, 27, 439.
assent of Commissioners of to Patterson, Gen., 244; Maj. Gen.,
the admission of Vermont to       356, 361.
the Union, 494; early eastern  Pawlet, 497.
boundary ot; 499; original grant Payne, Elisha, 101, 138, 188, 221,
of in 1663, 501; New York         222, 231, 242, 276. Letter of-to
provincial government not re-     Prest. Weare, 221.
publican, 510.                Peacham, 36, 170.
New York Hist. Magazine, vii.     Pearl, Col., 444.
New York Hist. Society, 499.      Pearle, Stephen, 44.
Nicholls, Gen., 227.              Peck, Capt. Joseph, 438.
Nichols, George, xxv.             Pendleton, Edmund, 57.
Licolls, Col. Richard, 506.       Penn, William, 503.
Niles, Nathaniel, 425, 484.       Pennsylvania, 268, 469, 501, 503.
Nixon, Charles and Elias, 481.    Petition of leading adherents to
North Carolina, 268, 432.             New York in Windham county
Northampton, Mass., 507.              for relief firom that State, 437-9;
North, Lord, (Frederic, Earl of       petition of to Gov. Chittenden,
Guilford,) 364; speech on the     405, 406.
conciliatory  policy of Great Phelps, Bezaleel, 211; Charles, 97,
Britain, 10-12.                   270, 273-4, 286, 303, 309, 401,
Norwich, 426, 431.                    406, 408-9, 422; E. J., v; James
Norwood, Richard, 481.                H., viii, ix, xv, xvii, xix, xxv;




Index.                          525
Timothy, 299, 300, 303, 313, 321,           Q.
332,399, 406, 438.
Philadelphia, 469.               Quebec, Province of, commerce
Pittsford, 35, 38, 39, 43, 195, 447.  with, 410-11, 425-6, 465.
Plenipotentiaries of Vermont to  Queensborough, N. Y., 68.
Congress, 248.               Queries to, and answers by, Gen.
Plymouth, Eng., Council of, xxvii,   Haldimand, 89; by Vermont
508, 509.                        Agents to Congress, 165; by
Pomeroy, Capt., 225.                 Vermont Commissioners, conPomfret, 170.                        cerning Haldimand's proposed
Population of Vermont in 1781, 166.  Proclamation, 175.
Porteous, John, and others, to Sir Quieting, or Betterment act, 430.
Guy Carleton, 366.
Porter, Thomas, 334.                            R.
Post Master General for Vermont,
405, 410.'Ramsay, David, 312.
Post Offices established by Ver- Randall, Col. Benjamin, 445.
mont, 405.                   Randolph, Edmund, 157.
Poultney, 119, 497.              Rankin, J. E., v.
Powell, Brig. Gen., 249; Martin, Read, Jacob, 414, 416.
246.                         Reciprocity in trade with foreign
Pownal, xvi, xxv, 497.               powers, 410, 411, 425, 426, 465.
Pratt, Capt., 225.               Reed, Charles, vi, xxv.
Prefatory Notes, 3, 397.         Reineking, Lieut., 364.
Prentice, Ensign, 145, 152; Pren- Remsen, Henry, 481.
tice, Nathaniel Sartel, 224.  Resolutions of Congress, May 15,
Prescription for disappointed office-  1776, to suppress governments
seekers, 428.                    under the crown of Great BritPrisoners [American] exchanged       ain, 23-4; June 30, 1777, adby Gen. Haldimand in Novem-      verse to Vermont,.24; June 1,
ber, 1782, lists of, 356-360.    2, and 16, 1779, appointing a
Proclamation suggested, declaring    committee to visit Vermont,
Vermont a British Province,      apologizing to New York, and
172-176, 178-180; form of, 181;  against Vermont's exercise of
withheld, 190; of the Governor   authority over adherents to
of New York, pledging protec-    New York, 28; Sept. 24 and
tion to adherents to New York    Oct. 2, 1779, promising to settle
in Vermont, 24; of Gov. Chit-    the controversy between Vertenden, requiring obedience to   mont and New     Hampshire,
laws designed for the protec-    Massachusetts and New York,
tion of the authority of Ver-    requiring these states to susmont, 26; declaring the West     pend the execution of their
Union under the jurisdiction     laws over such citizens as did
of Vermont, July 1781, 102;      not acknowledge their jurisdicagainst complicity in the Shays  tion, &c., 29; of June 2, 1780,
Rebellion, Feb. 1787, 446; re-   censuring Vermont, &c., 32;
quiring strict obedience to the  Aug. 7, 1781, implying the ultilaws of Vermont, October 1787,   mate admission of Vermont,
466.                             157; Aug. 20, 1781, in addition
Provincial. Government in New       to the preceding, 167; Feb. 19,
England Republican, and in       1782, reported by committee on
New York not Republican, 510.    the Vermont question, 243;
Prouty, Elijah, 196, 406,438; Lieut.  April 17, 1782, reported in faFrancis, 406, 438.               vor of Vermont, 259-261; Nov.
Public Debt, 242, 243.               14, 1782, reported adverse to
Putney, xvi, xxv.                    Vermont, 309; Dec. 5, 1782,
67




526                          Index.
adverse and threatening war       80, 135, 144, 436-letter of, to
upon Vermont, adopted, 311;       Gen. Stark, 184.
May 29, 1784, reported favora- Rodney, Sir George, 346.
ble to Vermont, reciting previ- Rogers, (Roys,) Maj., 345; Rogers,
ous resolutions, 415-419.         John, 481.
Resolutions of New York on the Root, Jesse, 287.
controversy with Vermont, 205- Ross, Maj. John, 267, 290, 304, 347,
7; of instruction to delegates    350.
in Congress, 413.             Rove, Jacob, 194.
Resolutions of Vermont, Oct. 21, Rowley, Thomas, verses on Ethan
1779, unanimously rejecting the   Allen, 420.
propositions of Congress of Royalton, 36, 62-3, 74.
s;ept. 24, 1779, and declaring Ruback, Jacob, 42.
that she would support her in- Rupert, 72, 74, 497.
dependence, 30; empowering Rural Magazine, xii, xiii, xv.
the Governor to negotiate for Russ, Ensign Joshua, 438.
an exchange of prisoners, 69; Rutland, 39, 405, 431, 440, 444, 447.
to negotiate with Congress and
the other states for the defense             S.
of the frontiers, 83; on the resolutions of Congress of Aug. 7, Sabin, Noah, 328.
20 and 21,1781, accepting them, Sadler, Henry, 481.
245-248: declaring fealty to the Saffell, W. T. R., xxviii.
cause of the Union, 330.      Safford, Capt. Jesse, 75; Gen. SamRetaliatory acts against citizens of  uel, 7, 8, 44, S0, 135-6, 143, 211-.New York, 403, 422.              12, 243, 246, 253, 329, 371, 484Return of prisoners in Canada be-    letter of, to Gen. Stark, 185.
longing  to New   York and    St. Coick, 209, 211-12, 216, 219.
Pennsylvania, 356-7; and to   St. John de Crevecceur, Consul of
New England, 358-60.              France, and three sons naturReynolds, Col., 193.                 alized, and towns named by
Rhinelander, Frederick, 481.         him, xxviii, 449.
Rhode Island, 6, 268, 310-312.    St. Johns, Canada, 6, 70, 73, 160,
Rice, Barzillai, 97.                 170-71, 202, 262.
Riedesel, Maj. Gen., xxv, 145, 153, St. Johnsbury, origin of name, 449.
177, 230, 282, 342-3, 349, 350. St. Leger, Col., 160, 190, 192-94,196,
Letters of-to Gen. Haldimand,     223, 266. Letter of-to Gen.
351; to Sir Guy Carleton, 351,   iHaldimand, 194.
352, 363.                     Salisbury, Capt., 189.
Roach, Thomas, 366.               Sandgate, 497.
Robertson, Alexander, 481. Gen. Saratoga, N. Y., 40, 51-2, 116, 219,
James, 346 —etter of, to Gen.    288.
Haldimand, 194.               Sargeant, Col. John, 96, 313, 439.
Robinson, Beverly, 5, 77,104, 106-7, Sawyer, Capt. Jesse, 68.
122, 124, 135-6, 147, 166, 177, Schaghticoke, N. Y., 219.
180, 384-5, 388, 390. Letters of  Schenectady, N. Y., 288.
-to Ethan Allen, 59, 92, 113; Schoharie, N. Y., 51.
to Gen. Haldimand, 119, 339. Schuyler, Gen. Philip, 254, 276, 345,
Robinson, Capt. David, 66,484. Col.  436, 470, 471.  Letters of-to
Elijah, 328-9. John, to Gen.      Gov. Clinton, 52, 54; 109, 130Haldimand, 354-5. Gov. John       31, 160, 170, 470-71; to Gen.
S.,v. Jonathan, 484. Gov. Mo-     Washington, 52, 76, 83,107,131,
ses, 7, 135, 211, 246, 249, 262,  252, 262; to Gen. Stark, 183;
276-7, 280, 306-7, 314, 329, 402-3,  to New York militia, 80.
425, 429, 440-41, 479; elected  Sessions, John, xxii.
governor, 484. Col. Samuel, 44, Shaftsbury, 253, 447, 497.




Index.                          527
Sharon, 74.                       Speech of an Indian Chief of the
Sharpe, Capt., 145.                  Six Nations, extract, 362.
Shattuck, Maj. Wmi., 299, 301, 303, Spicer, Daniel, 412, 421; Abigail,
309, 313, 321-2,406, 408, 411-12,  Asher, Jabez, Jonathan, and
438-9.                           Roger, 421.
Shaw, John, 481.                 Spooner, Paul, 246, 249, 276-7, 306,
Shays, Daniel, 446; Shays' Rebel-    330, 403, 4S4.
lion, 445-6.                  Springfield, Mass., 507.
Shelburne, Lord, 289, 292, 348, 378. Stark, Gen. John, 198, 216, 219, 241;
Shepardson, Daniel, 196, 286, 313,   memoir of noted, 139,198, 216;
438.                              advice of to Col. Yates against
Sherburne, Lord, 288.                hostilities with Vermont, 210,
Sherman, Roger, 414, 416.            215.-Letters of-to Gen. WashSherwood, Capt. Justice, 71,89, 108,  ington, 145, 160, 223, 240; to
132, 163, 168, 257; appointed    Col. Henry Laurens, 168; to
Commissioner by Gen. Haldi-      Gov. Clinton, 170; to Gov. Chitmand, 87.-Letters of-to Ira      tenden, 169,197; to Maj. Gen.
Allen, 168; for Ira Allen to     Heath, 170-71,183,209, 212, 263;
Gen. Haldimand, 128; for same    to Gen'l Haldimand, 170; to
to Maj. Lernoult, 129; to Gen.   commander of British shipping
Haldimand, extracts respecting    on Lake Champlain, 176; to
interview with Maj. Fay, 148-     Gen. Gansevoort, 183; to Pres150; report of third interview,   ident Weare, 215.
178-9; to Gen. Haldimand, 190, State House expenses, in 1784 and
194; to Vermont Commission-      1825, 407.
ers, 263.                     States favorable to Vermont, May
Shirley, Gov. William, 504.          1,1782: Connecticut, MassachuShononold, Lieut., 350, 352, 363.    setts, Rhode Island, PennsylSill, Richard, 490, 491.             vania, Maryland, New Jersey,
Skene, Philip, 101, 284; Skene's    and Delaware-opposed to Vercharter, 101, 238, 283, 284.     mont, New Hampshire, New
Skenesborough, (Whitehall,) N. Y.,   York, Virginia, North Caroli52, 101, 109, 195.                na, South Carolina, and GeorSkinner, Gov. Richard, v.            gia, 278; alone favorable, Dec.
Slade, Wm., vii-xxii, 279, 433, 436.  1782, Rhode Island and New
Slafter, Rev. Edmund F., 427.        Jersey, 312.
Smith, Charles S., vi; Israel, 197, Sterling, Lord, (Wnm. Alexander,)
323,486,496; Judge Melancton,    189, 192, 196, 198, 500.
290, 301, 490-91, 496; Moses, Stevens, Henry, xxviii, 3, 376, 487,
224; Noah, 484-5; Robert, 224,   491; Henry, junior, 3; Simon,
225; Seth, 196, 197, 241, 250;    xxii, xxiii, 97.
Judge William, 257, 345, 445.  Stevens Papers, xxvii, xxviii, 3, -
Smyth, Dr. George, xxviii, 108, 163,  64.
257, 282; appointed commis- Stewart, Dugald, xxv; ThomL:, 481.
sioner by Gen. Haldimand, 87, Stillwater, N. Y., 51.
89.-Letter of-to Gen. Haldi- Stockbridge, Mass., 492.
mand, 132. Terence, 282.      Stone, William L., 373-4, 381-2, 386;
South Bay, 66, 67.                   his Life of Joseph Brant cited,
South Carolina, 268.                 xxviii, 54, 219, 371; his opinion
Spafford, Col., 444.                 of Vermont in the Haldimand
Sparks, Jared, 3, 76, 268, 281, 373-4,  negotiation, 369-374.
376,382; extracts from his life of Stout, Benjamin, 481.
Ethan Allen, 76, 388; his opin- Stowell, Hezekiah; 196, 406.
ion of Vermont in the Haldi- Strong, Col. John, 248, 328, 329,
mand negotiation, 388-391.       468.
Spaulding, Lieut. Leonard, xvi, xxv. Styles, Ezra, 188, 246.




528                           Index.
Swift, Job, 484; Col. Heman, xxviii, Unions, East and West, 94-103; con243; Doct. Noadiah, v.            ditions of, 100; collisions in, 184,
Sunderland, 119.                      185, 209-27; Unions dissolved,
244-248.
T.                 United States, subjects of entitled
to privileges of law, &c., in VerTaft, Russell S., vi.                 mont, note 279, 429.
Taylor, Maj., 219; Jos., 275.     Vallumcock, (St. Coick,) seige of,
Templeton, Oliver, 481.               Ethan Allen's bill of expenses
Tennessee, 432.                       at, 219.
Terrell, Simeon, 438.             Van Dyke, Nicholas, 157.
The two Heroes, (North and South,) Van Rensselaer, Capt., 369; Henry
497.                              K., 219; Col. J., 184-5, 188, 209Thompson, A., 342; Daniel P., v;      212,219,369-371; Lieut. Col. H.
Lieut., to Maj. McKenzie, 364.    to Gen. Safford, 217.
Thompson's Vt. cited, 63, 375, 391.  Van Schaick, Col. G., 66. Letter of
Thurber, Daniel, 409.                 -to Gov. Chittenden, 41.
Tiaguando, Chief of the Six Nat- Van Vechten, Col., 219.
ions Indians, speech of, 362.  Varick, Richard, 481, 483, 496.
Tichenor, Isaac, 140, 210, 245-6, 249, Vergennes, origin of name of, 449.
250, 262, 277, 286-7, 307, 312, 328, Vermont prior to 1781, 16-49; first
330,402-3,421,427, 441,445,480,   grant of territory by the Coun484, 486, 496.                    cil of Plymouth, in 1629, xxvii;
Ticonderoga, 36, 51, 55, 68, 73, 78,  controversy with New York,
101, 116, 132, 193, 196, 202, 285.  16-21; her right to resist New
Tinmouth, 470.                        York, xxiv, 21; appeals of to
Tolman, Thomas, 47, 231, 249, 272,    Congress, 22-34; division of be315, 421.                         tween New    York and New
Torrey, Joseph, v.                    Hampshire proposed, 26, 31, 94;
Townshend, Micah, 31, 96, 248, 276,   appeals of to the neighboring
307, 405.                         states, 34; condition of, March
Townshend, West, (p. o.,) viii.       1779 to May 1781, 35-41; action
Trade with the province of Quebec,    of, 41-49; policy of, 55-57; trans410, 411, 445, 465.               ferred by the crown to New
Traverse, Samuel, 481.                York because the New EngTreat, Malicha, 481.                  land provinces were RepubliTreaty of amity and commerce with     can and New York was not,
Powers of Europe proposed,       - 510.
410, 411, 425, 426, 445, 465.  Vermont from 1781 to 1783, pendTroup, Robert, 481.                  ing the Haldimand negotiation,
Truce proposed by Gen. Haldimand      59-337; finances in 1781, 189;
to Vermont, 65, 69; extended      militia in 1781, 167, 239; poputo New York on Ethan Allen's      lation in 1781, 166; extended
request, 70-72; agreed to by      jurisdiction into New HampVermont, 73.                      shire and New York by the
Tryon, Sir William, 17; Gen., 345.    East and West Unions, xxvii,
Tucker, Joseph, 409.                  94-103; war on by New HampTupper, Sergeant, 193, 197, 204, 223.  shire and New York threatenTute, Amos, 406.                      ed, and collisions in both UnTuthill, William, 407.               ions, 184-5, 209-227; resistance
Tyler, Royal, 445, 446.               to authority of by adherents to
New York in Windham counU.                     ty, 196, 270, 272-4, 286, 295-303;
summarily suppresses the reUnion, first, with New Hampshire      sistants by armed posse, 295-97;
towns, 25; dissolved, 26.         war against threatened by con



Index.                          529
gress, 243; influence of on con- Vermont Ms. State Papers, 496.
gress, 268; independent from  Verplanck, Gulian, 483, 490, 496.
July 20th 1764, 319; insurrec- Vershire, 428.
tion against in Windham coun- Virginia, 106, 268, 432, 469.
ty, 313; integrity of to the cause Votes for Governor in 1789, 483.
of the American Union, 330;
patriotism of her people, 374-5,            W.
378-87; condition and prevailing sentiment of in 1783, 336.  Wait, Col. Benjamin, 44, 47, 329,
Vermont as a Sovereign and Inde-     400, 406-7, 432, 444.
pendent State fiom 1783 to 1791, Walbridge, Gen. Ebenezer, 189,192,
395-498; action implying Sov-    193, 212, 221, 296, 300.-Letters
ereignty:-Post Offices estab-    of-to Col. H. Van Rensselaer,
lished, 405; Postmaster General  217; to Gen. Gansevoort, 218.
appointed, 410; Treaty of Am- Wallingford, xv.
ity and Commerce with the Walpole Convention, 95.
Powers of Europe proposed, Walton, Eliakim P.,vi; Gerardalnd
410; Negotiation with the Prov-  Jacob, 481; William, 481, 505.
ince of Quebec, 411, 425-6, 445, Warner, Col. Seth, v, 19, 23, 44, 51,
465; Negotiation with Great      140, 271.-Letter of-to Gen..
Britain as to trade instituted,  Washington, 52. Hester, wid426; result of this negotiation,  ow, and heirs of Col Seth War465; coinage of money author-    ner, v, 466.
ized, 427; import duty proposed, Warren, Gideon, 188.
428; naturalization of a citizen Washington, Gen. George, 6, 41-2,
of New Hampshire proposed,       77, 93, 133, 141, 158, 191, 244,
429; natives of France and nat-  266, 276, 288, 291, 304, 308, 312,
uralized citizens of New York    316, 321, 323-4, 362; reported
naturalized by Vermont, 449;     in Congress to be in favor of
neutrality with Massachusetts,   Vermont, 324.-Letters of-to
446; Negotiations with New       the magistrates of New Jersey,
York, 486-496. Insurrection in   Maj. Gen. Howe, the President
Windham County suppressed        of Congress, and the Presand authority of Vermont es-     ident of Pennsylvania, 39; to
tablished, 399-412; retaliatory  Brig. Gen. Knox, Col. John
acts against New York, 403,      Laurens and the New England
422; finances in 1781, 189, and  States, 40; to Ethan Allen, 64;
in 1787,466; commissioners ap-   to Gen. Schuyler, 76, 108, 230,
pointed to negotiate with New    241; to Gen. James Clinton,
York, 486; correspondence of     139, 141; to Gen. John Stark,
the commissioners of the two     161; to Gen. Roger Enos, 183;
states, 487-494; admission of    to Thomas Chittenden, 228; to
Vermont into the Union con-      the President of Congress, 324;
sented to by New York, 494;      to Joseph Jones, a delegate in
report of the Vermont commis-    Congress from Virginia, oppossioners and act of the General   ing a resort to force against
Assembly settling the contro-    Vermont, 324.
versy with New York, 496; ad- Washington County, N. H., 213-14.
mission of Vermont into the Waters, Oliver, 409.
Union, 498.                  Watson, Winslow C., v; -, 366.
Vermont Historical Society Collec- Watts, John, 505; -,199.
tions, 3, 397; additions and cor- Wayne, Brig. Gen., to Gen. Washrections to volumes I. and II.,  ington, 40.
vii-xxviii; reference to vol. i. Webster, Maj. (Col.,) Alexander, 6,
on the Haldimand negotiation,    51.-Letters of-to Gov. Chit391; vol. I. vindicated, vii-xxv.  tenden, 51; to Gen. Schuyler, 75.




530                           Index.
Weissenfell, Col., 52.                Haldimand negotiation, 62, 63,
Weld, John, 432.                      391; Wynant, 254, 345.
Wells, Judge, 111; Hubbell, 432-; Williamson, Gen., 346.
Col. Samuel, 120, 323.        Willson, John, 481.
Wentworth, Gov. Benning, 16.      Wilmington, 424, 429.
West Bay, 67.                     Wilson, James, 312.
West, Ebenezer, 428.              Windham County, see Cumberland.
Westfield, Mass., 509.            Windsor, xx, 22, 112, 274, 405, 428,
Westminster, xxi, 300, 483.           431, 444.
Westminster Massacre, 18.         Windsor County, 277; insurrection
Westmoreland, N. H., 226.             in, 444.
West Point, N. Y., 39.            Witherell, Ephraim, 225.
West Union, 101, 145, 220. —See   Wolcott, Giles, 43, 66; Gen. Oliver,
East Union.                       244, 324.
Wheelock, President (Eleazer,) 220. Wood, Joseph, 484.
Wheeler, Adam, 447.               Woodbridge, 479.
Whipple, Gen. William, 310.       Woodbridge, Enoch, Corn. Gen., 37.
Whitcomb, Major, 81.              Woodward, Bezaleel, 33, 74,138, 141,
White, Pliny H., v, vi; Lieut. Wil-   143,155, 164, 186, 231.
liam, 438.                    Worcester, Samuel Austin, v.
White Creek, (Salem, N. Y.,) 133.
Whiteside, Phineas, 188.                         Y.
Wier, Commissary General, 145.
Willard, Solomon, 429.            Yates, Col., 210, 211, 219; Judge
Willett, Marinus, 481.                Robert, 220, 257, 483, 490, 491,
William, King of England, 502, 509.   496.
Williams, Col., 71; John, to Gov. Yaw, Amos, jr., 409.
Clinton, 133; Joseph, xvi, xxv; York, Sir Joseph, 127.
Dr. Samuel, x, xii, 367, refer- Young, Hamilton, 481; Thomas,
erences to his history on the     xxi, 23, 24.