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EFFECTS OF THE WAR AND THE DECLARATION OF INDEPENDENCE ON THE CONTROVERSY--CONCLUSION OF THE CONTROVERSY.

IT was well, probably, for the contending parties, that the commencement of the revolutionary war opened a new field and presented a new object for their efforts and anxieties, and checked the asperity of the controversy and the violence of the collisions. The controversy, which in the outset, was sufficiently complicated, had become more and more entangled and hopeless of settlement by every movement which had been made on either side.

But, although the commencement and continuance of the war changed in some measure the position and operations of the parties, it did not change their settled and unwavering determination to maintain their several claims. The State of New York had no thought of surrendering their claim to jurisdiction over the New Hampshire Grants. And the inhabitants of the Grants had as little thought of ever submitting to that jurisdiction; but they began more openly and boldly to insist on establishing themselves as a separate and independent State. And several circumstances at this time occurred to encourage their hopes. They had before acknowledged the sovereignty of the British government, and their right to dispose of their destiny. By the declaration of independence, that sovereignty was thrust out of the way, and Congress had taken its place. They had renounced all allegiance to New York, and did not acknowledge that government as having any authority over them. And as they had not been received into the Union, in the capacity of a separate State, they denied the authority of Congress to exercise any authority over them, until they were placed upon the footing of the other States, as a part of

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the confederacy by which that body had been constituted. They were of course, in their own view, without a government.

Until this time the counties of Cumberland and Gloucester had generally submitted to the government of New York, which had established courts and appointed the officers of those counties. But there were always many individuals opposed to that jurisdiction. The idea of establishing a separate government led the inhabitants to look around them and consider their state. The condition of their land titles was uncertain. Many of them, from various causes had failed to obtain a confirmation of their titles, and they began to discover that the heavy quit rents and expenses which would be inquired would be an unreasonable burthen, "which," in language not very different from that of more modern land reformers "they consider an innovation upon the rights of mankind, for whose use such lands were given by a bountiful Providence, without reservation, and which ought not, in their opinion, to be charged with taxes, other than for the general support and defence of the State and government." They discovered also that the seat of government was so remote that "the obtaining of justice is rendered laborious, tedious and expensive," and that the influence of the government is "weak and dissipated," "to the great encouragement of the lawless and wicked."

It is understood that the excitement which raised the mob in March, 1775, to stop the proceedings of the court at Westminster, and arrest and imprison the judges and other officers, had no reference to the question of land titles, or jurisdiction. But it is not improbable, that the scarcity of money, and their inability to pay the heavy amount of debts put in suit, which produced that excitement, might have stimulated an opposition to the government, whose courts and sheriff were a terror to the whole community. Accordingly, "a meeting of the committees appointed by a large body of inhabitants, on the east side of the Green Mountains," was held at Westminster, on the 11th day of April, of that year, which adopted spirited resolutions against the government of New York. In the meantime, agents were sent from the west side of the mountains to encourage those rising dispositions, and ascertain the pre-

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vailing sentiments of those counties, as to the establishment of an independent government.

Soon after ETHAN ALLEN and SETH WARNER returned from the capture of Ticonderoga and Crown Point, they "set off on a journey to the Continental Congress, with the design of procuring pay for the soldiers under them, and soliciting authority to raise a new regiment in the New Hampshire Grants. In both these objects they were successful." The Congress "recommended to the Proviascial Congress of New York, that after consulting General SCHUYLER, they should employ, in the army to be raised for the defence of America., those called 'Green Mountain Boys,' under such officers as the said 'Green Mountain Boys' should choose." ALLEN and WARNER, notwithstanding their outlawry, repaired with the recommendation, to the Congress of New York; and that body with some delay and reluctance, resolved that a regiment of Green Mountain Boys should be raised, not exceeding five hundred men, and to consist of seven companies; who were to choose their own officers, except the field officers. "A lieutenant colonel was to be the highest officer." The committees of several townships assembled at Dorset, and made choice of "SETH WARNER, lieutenant colonel and SAMUEL SAFFORD for major."

"Knowing the value of Colonel ALLEN'S experience and activity, General SCHUYLER persuaded him to remain in the army, chiefly with a view of acting as a pioneer among the Canadians."* On the 24th of September, 1775, in an attempt to capture Montreal, with a small body of troops, he was taken prisoner through the failure of Major BROWN to co-operate with him, as agreed between them.

By virtue of his election as lieutenant colonel, WARNER promptly raised his regiment, and joined the forces under General SCHUYLER, in the invasion of Canada, and performed very active and useful services. But neither he or his officers had received their commissions from the government of New York. On the 16th day of September, 1775, General MONTGOMERY commanding the

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forces, which were beseiging St. John's, "issued an order appointing WARNER colonel of a regiment of Green Mountain Rangers, requiring that he should be obeyed as such." This, it is presumed, was designed only as a temporary appointment, and on the 20th day of November following, on account of the destitute condition of his troops, General MONTGOMERY discharged them, and they returned home. But WARNER was not long permitted to remain inactive. In January, 1776, he received a letter from General WOOSTER, after the defeat of the Americans at Quebec, commending him and his "valiant Green Mountain Boys," in which he says, "let me beg of you to raise as many men as you can, and have them in Canada with the least possible delay, to remain till we can have relief from the Colonies. You will see that proper officers are appointed under you," and promises, that his troops should "have the same pay as the Continental troops." WARNER promptly complied with the request, and he and his troops were in Canada in a very short time, and remained there until the retreat of the American army. Through the hostility of the government of New York toward the Green Mountain Boys, or for some other culpable cause, he had received no commission, and he and his troops performed those services as volunteers. "Congress, on the 5th day of July, 1776, resolved to raise a regiment out of the troops who had served with so much reputation in Canada, to be commanded by a lieutenant colonel. WARNER was accordingly appointed lieutenant colonel and SAMUEL SAFFORD, major."*

No event had more decided tendency to strengthen the cause of the Green Mountain Boys, and encourage them to hope that Congress would finally recognize their independence, or to exasperate the people and government of New York, than the raising of this regiment, separate from and independant of that government. Complaints were made by the Yorkers on the Grants, that this measure rendered their condition more uncomfortable and hopeless; and the government of New York sent frequent remonstrances to Congress, demanding that the regiment should be disbanded.

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In the meantime, reports were in circulation, that a considerable number of the members of Congress, were in favor of admitting Vermont into the Union, as an independent State. On the 11th day of April 1777, THOMAS YOUNG, of Philadelphia, an ardent friend, wrote a letter to the inhabitants, that after learning "the minds of several of the leading members," he could assure them, that they had nothing to do but to choose delegates to a convention, who should choose delegates to the General Congress, and form a constitution for the State." And he added, as a reason, why nothing more had been done in their behalf "until you incorporate, and actually announce to Congress your having become a body politic, they cannot treat you as a free State ''

In the meantime measures had been taken preparatory to a declaration of independence, and at an adjourned meeting of the convention, held at Westminster, on the 15th day of January, 1777, composed of delegates from all the Counties, a formal declaration was adopted, "that the district of territory, known by the name and description of the New Hampshire Grants, of right ought to be, and is hereby declared forever hereafter, to be considered as a free and independent jurisdiction or State, by the name of New Connecticut, alias Vermont." And at a meeting of the convention afterwards, on the 44th day of June following, it was resolved that the State should be called Vermont. JONAS FAY, THOMAS CHITTENDEN, HEMAN ALLEN, and REUBEN JONES were appointed a committee to present to congress the above declaration, with the reasons which induced it.

In pursuance of the advice of Mr. YOUNG, the delegates who had been chosen for that purpose, met at Windsor, on the 2d day of July 1777, and adopted a constitution, fixed a time for the choice and meeting of the legislature under it, and appointed a committee of safety to act in the meantime. The session of the convention was closed in haste, occasioned by the news of the invasion of the country by a formidable force under General BURGOYNE; and by reason of that event and the movements which followed, notice for the election and meeting of the legislature was not seasonably given. The convention was therefore again called together, revised the constitution,

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and appointed the second Thursday of March 1778, for the meeting of the Assembly. Mr. YOUNG had recommended the new constitution of Pennsylvania, providing for a single legislative a body, with some alteration of the powers of the governor's council. This recommendation was adopted. But the people of Pennsylvania soon became dissatisfied with their constitution, and added a senate to the legislature. Ours remained with little alteration until the year 1835, when it was also amended so as to provide for a senate.

Against all these proceedings the New York government sent to Congress their remonstrances. On the other hand, the Green Mountain Boys, continued to urge their claims to be acknowledged as an independent State, and to be admitted into the Union. They claimed, that in declaring their independence, they only imitated the example of the Continental Congress; that the colonies were oppressed by the British government, and they had been oppressed by the New York government; that all the civil and political institutions of the country, which had been established under the authority of the crown of Great Britain, had been dissolved by their separation from that government, and so far as the government was concerned, all were reduced to a state of nature, and were left to form such government as they might choose; and that, in this respect, the people of Vermont were in the same condition as the other territories, and had the same right to establish their own government. As early as the 15th of May 1776, and before the declaration of American independence, the Continental Congress, recognizing the disorganized state of the country, and the propriety of a legal organization, before the adoption of such declaration, had "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 hitherto established, to adopt such government as shall, in the opinion of the representatives of the people, best conduce to the happiness and the safety of their constituents in particular, and America in general."

But Congress was placed in an embarrassing and delicate position, "between two fires." They saw the danger of irritating either party. Their proceedings were therefore vacillating in the extreme.

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What they did at one time was undone at the next; and no final decision was ever adopted by that body.

In the meantime the Vermonters continued to adopt measures to reduce the government to system and order, in its operations over all parts of the State. The inhabitants were also becoming, not only accustomed to, but satisfied with, its operation. The settlement of the State and its population were rapidly increasing and adding strength to the government, and the claims of New York were thereby becoming every year more hopeless, and the condition of the friends of that government more uncomfortable.

ETHAN ALLEN, who had been captured in Canada in 1775, and held by the British a prisoner of war, being exchanged and released in May, 1778, soon returned home and resumed his position as leader of all the active operations of the State.

The government of Vermont did not hesitate to extend its jurisdiction and authority over the adherents of New York, as well as others. There still remained in Brattleborough, Guilford, and other towns in Windham county, in the year 1779, many individuals of this class, who endeavored to oppose the proceedings of Vermont. These were taxed and drafted into service as others, and "a sum of money was assessed on those who were supposed to have done least in the war." Some "acquiesced in it rather than contend." Among other acts, the Vermont party, in the spring of that year "ordered Capt. JAMES CLAY, Lieut. BENJAMIN WILSON" and another, who were militia officers appointed by New York, "to provide a man to go into the service." But they failing to obey the order, two of their cows were seized, and ordered to be sold, to pay the man hired by the Vermonters. On the day appointed for the sale, Colonel PATTERSON, who commanded the regiment of militia under New York, with his "field officers and a considerable part of the regiment," assembled and rescued the cattle, and delivered them to the owners. Within a week or two, ETHAN ALLEN, with an armed body of troops, appeared there and arrested and imprisoned Colonel PATTERSON and nearly all the officers of the regiment.

The legislature of Vermont, at their session in February, 1781, passed "a general act of amnesty in favor of such persons," who

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had opposed its authority. Upon which those persons submitted to the authority of the State, and took the oath of allegiance. Afterwards, the legislature, for the defence of the frontiers, ordered "a quota of men to be raised in the several towns throughout the State." And thereupon the same "disaffected persons," "in the town and vicinage of Guilford, in the southern part of the County of Windham" raised a formidable opposition "to the raising and paying of them," and for the purpose of aiding the opposition, the government of New York appointed several of the disaffected persons to "evil and military offices," who undertook to use the laws of the State of New York over the citizens of this State. Upon which ETHAN ALLEN, at the head of a military force was sent by order of the governor "to assist the sheriff of Windham County, in the execution of the laws." TIMOTHY PHELPS, sheriff, TIMOTHY CHURCH, colonel, and more than one hundred civil and military officers and privates, were arrested and brought before the courts, and five of them were sentenced to banishment, and confiscation of property, and others to fines and imprisonment.

These proceedings were occasions for new appeals from Governor CLINTON to Congress for their speedy and efficient interference. On occasion of the latter proceeding, Congress, on the 5th day of December, 1782, adopted resolutions, condemning, in severe terms, the action of Vermont, and among other things, requiring the people of that 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, or confiscation of estate, or have been otherwise deprived of property," "and that they be not molested in their persons or properties, on their return to their habitations in the said district."

These resolutions were answered in a very spirited letter from Governor CHITTENDEN, denying the authority of Congress to interfere in the internal proceedings of Vermont, containing a very able argument in justification of their measures, and promptly refusing to obey the requirement of Congress. The General Assem-

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bly also adopted a letter to Congress, embracing more concisely the same sentiments.

These are among the last acts of interference, in the affairs of Vermont, on the part of Congress, or the New York government. The legislature of that State, on the first day of March, 1786, thought proper to make the compensation, which Vermont had refused, to the last mentioned sufferers; and granted them a township of land in the county of Chenango, eight miles square, named Clinton, now Bainbridge.

In the meantime the people of Vermont, with quiet and undisturbed prosperity, continued to press forward in their career of separate and independent existence, with increasing indifference to the hostility or favor of any exterior power. At length on the 15th day of July, 1789, the legislature of New York, tired of the fruitless controversy, giving up all hope of reducing the territory to her jurisdiction, and desirous, it is said, of increasing the northern influence in Congress, which Vermont might bring, passed an act appointing commissioners, with full power to acknowledge her independence, and settle all existing controversies. On the 22d of October following, the legislature of Vermont appointed commissioners on their part with similar powers.* On the 7th of October, 1790, the commissioners agreed upon the boundaries and the terms of settlement; that Vermont should be admitted into the Union, and on such admission all claims to jurisdiction on the part of New York, should cease, and as a compensation to those, who claimed lands under New York, Vermont should pay thirty thousand dollars. On the 28th of the same month, the legislature of Vermont passed an act, accepting the boundaries and settlement, and agreeing to pay $30,000. On the 10th of January, 1791, a convention of delegates chosen for the purpose, passed and subscribed a resolution, "approving, assenting to and ratifying" the

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Constitution of the United States; and on the 18th day of February of that year, Congress passed an act, "that on the 4th day of March" following, "the State of Vermont shall be received and admitted into the Union, as a new and entire member of the United States of America."