The Vermont Controversy regarding Ownership of Land (Charlestown, Sullivan Co., NH) From: Farns10th@aol.com - Janice Farnsworth Subject: The Vermont Controversy (Part 2 of 2) Source: History of Charlestown, NH by Rev. Henry H. Saunderson Chapter VIII, p.127 Continued from - Charlestown was represented by Captain Samuel Wetherbe, who was elected at a legally called town meeting. The folowing is the report of the proceedings of this convention: "RESOLVES Of a Convention Held on the New-Hampshire Grants At a Convention of Delegates from twenty-two towns on the New-Hampshire Grants from both sides of the Connecti- cut River, held at Cornish, December 9th, 1778. Voted unanimously: 1. That the members of the Convention will unite to- gether for the purpose of pursuing such legal and and regular measures, as may have a tendency to secure to these Grants the benefits of good govern- ment, without any regard to the distinction made by the arbitrary line drawn on the western bank of the Connecticut River by the King in Council in 1764. 2. A pamphlet entitled "A public defense of the right of the New-Hampshire Grants, etc." compiled by a major part of the Committee appointed by the Assembly of Vermont for that purpose, was repeatedly read, and unanimously approved. 3. Whereas, notwithstanding the request for this Con- vention, but few of those towns whose members contin- ued to act with said Assembly after the protesting members had withdrawn, have sent members to this Convention; and the conduct of the Assembly in pass- ing the votes and resolves contained in their print- ed Journals, the protest, remarks, etc., have rend- ered it impracticable for said Assembly to carry into execution said resolves as therein proposed, which difficulty will continue so long as said votes stand in force; and as the people in these towns by justifying the conduct of the Assembly in violat- ing the Constitution, will, on their part, dissolve the solemn compact which they entertained into by the confederation, and the people consequently be- come discharged from their allegiance and obligations to the State, therefore: Voted: That the proposals contained in the before mentioned address, be made to New-Hampshire, viz: l. To agree upon and settle a dividing line be- tween New-Hampshire and the Grants, by committees from each party, or otherwise, as they may mutually agree. Or, 2. That the Parties mutually agree in the appointment of a Court of Commissioners of disinterested, judicious men of the three other New-England States to hear and determ- ine the dispute. Or, 3. That the whole dispute with New-Hampshire be submitted to the decision of Congress in such way and manner as Congress in their wisdom shall prescribe. Provided always: That the Grants be allowed equal privileges with the other party, in espousing and conducting their cause. Or, 4. If the controversy cannot be settled on either of the foregoing articles, and in case we can agree with New-Hampshire upon a plan of government, inclusive of extent of territory, that we unite with them, and become with them one entire State, rejecting the arbitrary line drawn on the western bank of the Connecticut River, by the King of Great Britain, in 1764. 4. Voted, That the inhabitants of those towns on the Grants, in the State of Vermont, who have not sent a representative to this con- vention and whose members joined with the majority of said Assembly, in passing the vote on account of which the protesting members withdrew, be requested to direct their re- spective member to rescind said votes, and join us in making said proposals to New- Hampshire. 5. That in case those towns, whose members con- tinued to act with the Assembly of Vermont, still remain firm and stedfast in supporting and continuing said votes of Assembly, and neglect to join in carrying into execution said report of their committee, we will make overtures to join with New-Hampshire on the last article in said proposals. 6. That all the other towns in said Grants, be requested to join us in making proposals to New-Hampshire as before mentioned and that those towns which agree to join therein, be requested to transmit copies of their votes relative thereto, to: Governor Marsh Mr. Woodard Colonel Morey Major Child Colonel Payne Colonel Olcott General Bailey Who, are hereby appointed a committee for receiving them and carrying the foregoing votes and proposals into execution, so soon as the towns on the Grants can have reason- able opportunity to join us therein. 7. Voted, That said Committee be impowered to call a Convention from the towns on the Grants, whenever anything shall appear, which shall, in their opinion, render one necessary. J. Marsh, Chairman Extracted from the votes of said Convention B. Woodard, Clerk See Vol. VIII, Documents and Records, relating to State of New-Hampshire. Edited by Nathaniel Bouton, D.D., pages 817-18. The people of Vermont, now began to see how they stood, and determined instead of continuing their union with the towns east of the Connecticut River, to take every measure to conciliate New-Hampshire which was in their power. They, therefore, determined on embracing the first opportunity that was presented for disolving a connect- ion they felt never ought to have been formed, and the results of which had already caused them no little trouble. Accordingly, on the 2nd of the following session, which was the 12th of February, 1779, the subject of the Union was resumed, and the instructions of the freemen of the state to their representatives were examined; on which it was found that there was a majority for receding from their connection with the sixteen towns. Whereupon, Mr. Ithamir Hibbert of Wells, and Mr. Hubbell Wells of Halifax were appointed a committee to join a committee from the Council, to prepare a draught relat- ive to the dissolution under consideration; which committees, after suitable consultation, unanimously agreed on the following report: "Whereas in consequence of a representation, made to the general Assembly of this state at their session at Windsor, in March, 1778, by a committee consisting of seven persons, inhabiting several towns lying contiguous to the east side of the Connecticut River, that a number of inhabited towns, east of said river, were then un- connected with any state, in regard to their internal police; and on said committee's application to the general assembly that the said towns might be admitted into the union with this state, orders were issued by the assembly to the representatives' constituents, for instructions in the premises, and whereas, in conseq- uance of such instructions, the representatives of said Constituents, when met at their adjourned session in Bennington on the 11th day of June, last, did receive into union with said state sixteen towns, east of said Connecticut River, and grant leave for other towns to unite if they should Choose. And whereas a dispute has arisen in respect to the right New-Hampshire has to exercise jurisdiction, over those sixteen towns, as claimed in a letter to his Excellency Thomas Chittenden, Esq., by Meshech Weare, Esq., Presi- dent of the Honorable Council of the State of New-Hamp- shire, dated August 22, 1778, and whereas, the General Assembly of this state, did at their session at Windsor in October, last, agree on certain methods (contained in the report of the grand committee of both houses) to settle and adjust the dispute with New-Hampshire; never- theless, the measures to be pursued to effect those methods were rendered impracticable by the members, east of said river, withdrawing themselves from the House in an unconstitutional manner, and forming a convention, in direct violation of the most solemn oaths and obli- gations, into which they had entered, declaring them- selves discharged, from any and every former Confedera- tion with this State: And whereas your committee have just grounds to appre- hend, that the said sixteen towns are of right included within the jurisdiction of New-Hampshire, they are there- fore of the opinion that the said union ought to be considered as being null from the beginning. Jonas Fay, Chairman of Committee." p.131 This report being read and accepted the house: "Resolved - That the said Union be and is hereby dissolved, and made totally void, null and extinct; and that his Excellency the Governor be and is hereby dir- ected to communicate the foregoing draught, and resolve thereon, to the President of the Council of the State of New-Hampshire." Ira Allen, Esq., was appointed to transmit to New-Hamp- shire, the foregoing report and resolution, who present- ed them to the President and Council of that State, on the 20th of the succeeding March. This, so far as the State of Vermont was concerned, it might have been supposed, would forever have put an end to all proceedings connected with the acquisition of new territory from other States. But affairs, in conseq- uence of what they had already done, had arrived at a juncture at which they found difficulties awaiting them of a most perplexing character. The towns connected with them in the late union had not only become violently excited against them, but the State of New-Hampshire which had been before been favorable to the admission of Vermont, to the union, as a separate and independent State, had been induced to change her course, which had previously been friendly, to one of determined opposi- tion. From representations which had been forwarded to Congress, that body too had begun to partake of the excitement, so that Vermont had need of no little wisdom in those who were appointed to direct her affairs, in order for them to decide, under the circumstances, on what would be the best course to pursue. Mr. Allen, on arriving at Exeter, found affairs in a very unsatisfactory state. He had already been preceded by the committee, appointed by the Cornish Convention, con- sisting of General Jacob Bailey and Davenport Phelps, who had presented the substance of the action of that convention in the following petition: "To the Honorable, the President in Council, and the Representatives of the State of New-Hampshire in General Assembly convened, the subscribers hereto, beg leave to represent, that a large number of charters of incorpora- tion of certain tracts of land, were formerly issued from their excellencies Benning Wentworth and John Went- worth Esq'rs., in the name of the King of Great Britain, lying and being west of the Mason Grant, and east of a north line, drawn from the northwest corner of the now State of the Massachusetts Bay, to Lake Champlain and from thence to the latitude of forty five degress; that in the year 1764, the aforesaid King of Great Britain, in violation of his contract with the Grantees, and in an arbitrary manner, passed a decree that there should be a division of the aforesaid grants, between the then Province of New York and New Hampshire, to which decree the inhabitants of said Grants were then and have ever since been averse; as they were thereby deprived of privileges, which they of right claimed, and in their settlement reasonably expected within the jurisdiction of New Hampshire; that the inhabitants aforesaid, since the declaration of independence, view themselves at liberty to connect in one body politic, or unite with any other State; that they are now in general, desirous of a union with the State of New Hampshire; that the representatives of the people in assembly on the 20th of October last, voted, that a defence of the rights of the people, be stated by a committee appointed for that purpose, and that answers to some letters, etc., be drafted by said committees. Also that offers be made to the State of New Hampshire, either to settle a boundary line between New Hampshire and the Grants by a committee mutually chosen; or in such a way as Congress may point out; or to make an offer of the whole of said Grants to New Hampshire. That on the 9th day of Decenber, last, by a convention of committees delegated by the inhabitants of said Grants it was voted that proposals of an union with said New Hampshire, be made to the assembly of said State. In consequence whereof, we the subscribers, being duly authorized for that purpose, do now propose to this Honorable Court, that the whole of said grants be connected and confederated with said State of New Hamp- shire; receiving and enjoying equal privileges and immunities with the good people of said State. Dated at Newbury this 17th day of March, 1779. Jacob Bailey Davenport Phelps." p.132 The following are the proceedings of the legislature of New-Hamphire on the foregoing petition: State of New-Hampshire "In the House of Representatives, April 2d, 1779. The committee on the petition of General Bailey and Mr. Phelps relating to the New-Hampshire Grants so called, reported that this State should lay claim to the juris- diction of the whole of the New-Hampshire grants so called, lying to the westward of the Connecticut River, setting forth the right this State has to the same; allowing and conceding nevertheless, that if the honor- able continental Congress shall allow the said grants to the westward of the Connecticut River to be a separ- ate state, as now claimed by some of the inhabitants thereof by the name of Vermont, that in such case the state of New-Hampshire will acquiesce therein, and that this state shall exercise jurisdiction as far west as the western bank of the Connecticut River, and no farther until the dispute is settled by Congress. By order of the major part of the Committee. (signed) Josiah Bartlett, Clerk Which report being read and considered, it was Voted, That it lie for further consideration until the next session of the General Assembly of this State. Sent up for concurrence John Langdon, Speaker. In Council the same day read and concurred. E. Thomson, Sec'ry. p.133 State of New-Hampshire In the House of Representatives, June 24, 1779. The House by vote took under consideration the report of the Committee of the second day of April, last, which was at that session voted to lie for consideration until this session, relative to the New-Hampshire Grants, etc. And the question being put whether the report of the said committee be received and accepted or not? It passed in the affirmative. Sent up for concurrence. John Langdon, Speaker In Council, the 25th of June, 1779, read and concurred. E. Thomson, Sec'ry." Vermont was now in a situation of extreme embarrassment. New-Hampshire had put in a claim to juridiction over her entire territory, and not without great plausibility in her arguments to sustain it. The State of New-York was also pressing a similar claim. And, in addition to this, what added not a little to her embarrassment was that Massachusetts also laid claim to that portion of her her territory of which she had been deprived by the decision of the King of Great Britain, in respect to the divisional line between that State and New-Hampshire in 1740. This decision had given to New-Hampshire a strip of territory forty miles in width from the Merrimac River, westward through what is now the whole extent of New-Hampshire and Vermont, this width being fourteen miles greater than New-Hampshire had ever claimed. But what affected her more sensibly than these claims was, Congress, instead of becoming more favorable to her independence, seemed in this difficult complication of circumstances to have wholly turned against her. On every side; even by many towns within her own limits, her right to self government was ignored. Congress looked upon her position as one that not only portended no good to the best welfare of the nation, but even deemed it most prejudicial to that welfare in the great struggle which was going on. The controversy therefore did not seem to be beneath the attention of the general government, but rather, appeared to demand some action on its part. It was a matter of the utmost moment that between the states there should be no jarring interests, and that every difficulty, which would have a tendency to lead to internal conflicts should be harmoniously adjusted. Regarding the subject, therefore, in this light, and feeling earnestly solicitous to secure such a settlement of existing disputes, as would preserve or bring about the most kind and friendly feelings among the contest- ants, and thinking that that object could be best accomplished by themselves, Congress took the subject into consideration. End, Chapter 8 ************************************************* * * * * NOTICE: Printing the files within by non-commercial individuals and libraries is encouraged, as long as all notices and submitter information is included. Any other use, including copying files to other sites requires permission from the submitters PRIOR to uploading to any other sites. We encourage links to the state and county table of contents. * * * * The USGenWeb Project makes no claims or estimates of the validity of the information submitted and reminds you that each new piece of information must be researched and proved or disproved by weight of evidence. 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