and that we might engage in the Glorious Cause, without fear of giving our opponents any advantage in the said Land dispute, which we would wish to have lie Dormant', until a general restoration of Tranquility shall allow us the opportunity for an equitable decision of the same. "Another reason that much hinders us from joining New York hand in hand in the General Cause, is, they will not own us in our property, but on the contrary the Judges of their Supreme Court have expressly declared the Charters, Conveyances, &c., of your Petitioners' Lands to be null and void. Therefore we your honors' humble Petitioners most earnestly pray your Honors to take our cause into your wise consideration, and order that for the future your petitioners shall do Duty in the Continental service (if required) as inhabitants of said New Hampshire Grants, and not as inhabitants of the province of New York, or subject to the Limitations, restrictions or regulations of the Militia of said province, and that commissions, as your honors shall judge meet, be granted accordingly, and as in Duty bound, your honors' Petitioners shall ever pray. "At a meeting of the representatives of the different Towns on the N. Hampshire Grants legally warned and convened at the house of Mr. Cephas Kent's, innholder in Dorset, on the 16th day of January, A. D. 1776: Captain JOSEPH WOODWARD, Chairman. "Doct'r JONAS FAY, Clerk. "This meeting after due consideration agreed to prefer to the honorable the Continental Congress a humble Petition setting forth the peculiar circumstances of this part of the Country. Accordingly a Committee was appointed to draw up the same, who drew up the foregoing and reported it to the house in the evening, and the Clerk read the same in his place, and afterwards delivered it in at the Table; the House then adjourned till to-morrow 9 o'clock. January 17th. Met according to adjournment. "The said Petition being a second time read was agreed to by the whole house, then Lieutenant James Breakenridge and Captain Heman Allen was nominated to prefer the said petition, a vote was called and passed in the affirmative, Nem. Con.--then Doctor Jonas Fay was nominated and a vote called passed in the affirmative, Nem. Con. "JOSEPH WOODWARD, Chairman. "Attest, JONAS FAY, Clerk. pr JONAS FAX, Committee Appointed.” IRA ALLEN, Captain Heman Allen, appointed to prefer the foregoing to the honorable the Continental Congress, being present, and a motion being made and seconded, Reported to the Convention as follows, (viz.:) That in consequence of his appointment, for that purpose, he had delivered the said foregoing Remonstrance, Address and Petition to the honorable John Hancock, Esqr., the President of Congress then sitting at Philadelphia, and that by the directions of the honorable House it was read in his place at the Board by the Secretary. That the delegates from the province of New York endeavored to oppose the said petition, but that it was entered on file and ordered to lie on the table for further consideration. That on the advice of several gentlemen, he made a motion to withdraw the said petition, that the Delegates from New York should not 'The sentence is imperfect. Instead of "which we would wish," &c., read—we would wish to have it [the dispute] lie dormant, &c. have it in their power to bring the matter to a final decision at a time when the Convention in the Grants had no proper Delegate in the House; that in consequence thereof the Motion was entered on the Minutes, the Petition not being ready at hand at that time.1 That he had many private conferences with sundry members of Congress and other Gentlemen of distinction relating to the particular circumstances and situation of the New Hampshire Grants, who did severally earnestly recommend that the inhabitants of said Grants exert themselves to their utmost abilities to repel, by force, the Hostile invasions of the British fleets and armies against the colonies of America, and that said Inhabitants do not by any way or means whatsoever connect or associate with the honorable Provincial Congress of New York, or any authority derived from, by, or under them, directly or indirectly, but that the said inhabitants do forthwith consult suitable measures to associate and unite the whole of the Inhabitants of said Grants together.? PROCEEDED-VIZ. This Convention being fully sensible that the importance of the business which occasions their meeting at this time requires the most serious deliberation, are therefore disposed to make the following votes-(viz. :) 1st. That not more than one person be allowed to speak at the same time, and only by leave of the Chairman. 2d. That the business of the meeting be closely attended to, and that the several articles contained in the Warrant for this Meeting be severally followed in course, (except otherwise overruled.) 3d. Voted to pass over the fourth, fifth and sixth articles of the Warrant till to-morrow at ten o'clock at this place. 3d. Voted, Col. William Marsh, Col. Thomas Chittenden, John Burnam, Junr., Capt. Micah Veal [Vail,] and Lieut. Joseph Bradley, be a Committee to examine the account of Capt. Heman Allen for his service for the Publick, and report their opinion thereon to this Convention 9 o'clock to-morrow morning. Adjourned to 7 o'clock to-morrow morning at this place. Meeting opened at time and place. Proceeded to the consideration of the fourth article of the Warrant, and after due consideration it was dismissed. Proceeded to the consideration of the fifth article of the Warrant, and Resolved, That application be made to the inhabitants of said Grants to form the same into a separate District [or State.] Dissentients only one. Proceeded to the consideration of the sixth article of the Warrant, and 1 See Vt. Hist. Soc. Collections, vol. II, "Additions and Corrections," pp. xiv, xv. "The following are the resolutions of Congress : The Committee, to whom the petition, address, and remonstrance of persons inhabiting that part of America, which is commonly called and known by the name of the New-Hampshire grants, was referred, have examined the matter thereof, and come to the following resolution there upon : Resolved, That it is the opinion of this Committee, that it be recommended to the petitioners, for the present; to submit to the governmen Voted, To recommend it accordingly. Voted, To choose a Committee to treat with the Inhabitants of the New Hampshire Grants on the East side of the range of Green Mountains, relative to their associating with this Body. Voted, That Capt. Heman Allen, Col. William Marsh, and Doct. Jonas Fay, in conjunction with Capt. Samuel Fletcher and Mr. Joshua Fish, be a Committee to exhibit the proceedings of this Convention, to said inhabitants, and to do the Business as above. Voted, Doct. Jonas Fay, Col. Thomas Chittenden, and Lieut. Ira Allen a Committee to prepare instructions for the above said Committee. Voted, That Col. Seth Warner and Col. Thomas Chittenden be a Committee to present a Petition to the General and Commander-in-Chief of the Northern Department, requesting his assistance in Guarding the Frontiers to the Northward on the said New Hampshire Grants. Voted, That Doct. Jonas Fay and Col. William Marsh be a Committee to prepare the above petition. Adjourned one hour. The meeting opened at time and place. Proceeded to the consideration of the following Association, (viz. :) This Convention being fully sensible that it is the Will and Pleasure of the honorable the Continental Congress, that every honest Friend to the Liberties of America, in the several United States thereof, should subscribe an Association, binding themselves as Members of some Body or Community to stand in the defence of those Liberties; and Whereas it has been the usual custom for individuals to associate with the Colony or State which they are reputed members of: Yet nevertheless the long and spirited Conflict, which has for many years subsisted between the Colony or State of New York, and the inhabitants of that District of Land, Commonly Called and known by the name of the New Hampshire Grants, relative to the title of the Land on said District, renders it inconvenient in many respects to associate with that Province or State, which has hitherto been the sole reason of our not subscribing an Association before this. The better therefore to convince the Publick of our readiness to join in the common Defence of the aforesaid Liberties, We do Publish and Subscribe the following Association, (viz.:). We the subscribers inhabitants of that District of Land, commonly called and known by the name of the New Hampshire Grants, do voluntarily and Solemnly Engage under all the ties held sacred amongst Mankind at the Risque of our Lives and fortunes to Defend, by arms, the of New-York, and contribute their assistance, with their countrymen, in the contest between Great-Britain and the United Colonies; but that such submission ought not to prejudice the right of them or others to the lands in controversy, or any part of them; nor be construed to affirm or admit the jurisdiction of New-York in and over that country; and when the present troubles are at an end, the final determination of their right may be mutually referred to proper judges. In Congress, June 4th, 1776. Resolved, That captain Herman [Heman] Allen have leave to withdraw the petition by him delivered, in behalf of the inhabitants of the New-Hampshire grants, he representing that he has left at home some papers and vouchers necessary to support the allegations therein contained. Extracts from the minutes, THOS. EDSON, for CHAS. THOMPSON, Sec. -See Slade's State Papers, pp. 64, 65; Journal of Congress, June 4, 1776, vol. II, p. 190. United American States against the Hostile attempts of the British Fleets and Armies, until the present unhappy Controversy between the two Countries shall be settled. 1 Went over to the enemy after signing the above.--E. Allen Mss., p. 240. And fled to Canada, leaving his family in Dorset.-- Vt. Hist. Mag., vol. I, p. 184. His property was confiscated, and his return to the State was forbidden by the following act, which was passed Feb. 26, 1779, and continued in force until Nov. 8, 1780 : AN ACT to prevent the return to this State, of certain persons therein named, and others who have left this State or either of the United States, and joined the enemies thereof. Whereas [here follow one hundred and eight names] and many other persons, have voluntarily left this State, or some of the United States of America, and joined the enemies thereof, thereby not only depriving these States of their personal services, at a time when they ought to have afforded their utmost aid in defending the said States against the invasions of a cruel enemy, but manifesting an inimical disposition to said States, and a design to aid and abet the enemies thereof, in their wicked purposes: And whereas many mischiefs may accrue to this, and the United States, if such persons should again be admitted to reside in this State : Be it enacted, &c., that if the said, [here the names are repeated.] or any of the before mentioned persons, or either of them, or any other person or persons, though not specially named in this act, who have voluntarily left this State, or either of the United States, and joined the enemies thereof, as aforesaid, shall, after the passing of this act, voluntarily return to this State, it shall be the duty of the sheriff of the county, his deputy, the constable, select-men or grand jurors of the town where such person or persons may presume to come, and they are hereby respectively impowered and directed. to apprehend and carry such person or persons before an assistant or justice of the peace; who is hereby required to call to his assistance one or more assistants or justices of the peace, who are hereby directed to give their attendance, according to such requisition; and if, upon examination into the matter, the said justices shall find that the person brought before them is any one of the before described persons, they shall order him to be whipped on the naked back, not more than forty, nor less than twenty stripes; which punishment shall be inflicted, and the delinquent shall be ordered to quit this State, immediately. Be it further enacted, that if any person shall continue in this State, one month, or shall presume to come again into this State, after such conviction, (without liberty first had and obtained therefor, from the Governor, Council, and General Assembly,) and be convicted thereof, before the superior court of this State, he shall be put to death. Be it further enacted, that if any person shall, willingly or wilfully, harbor or conceal any of the persons above named or described, after their return to this State, contrary to the design of this act; such per The above are the names of the Delegates. Thomas Braten, of Clarendon, the only Dissentient. Resolved, That it be, and it is hereby recommended to the several inhabitants on the New Hampshire Grants (who are friends to the liberties of the United States of America) that they subscribe the Association agreed on, and signed by the several Members of this Convention, and return the same to the Clerk thereof as soon as may be. son, so offending, shall, on conviction thereof before the superior court, forfeit and pay the sum of five hundred pounds; two thirds thereof to the use of this State, the other third to the use of him or them who shall prosecute the same to effect.-Ms. record of Laws, vol. I, in Secretary of State's office; Slade's State Papers, p. 355. The second section of this stringent, but undoubtedly necessary act, implies that in this bad company were some good men whose return to the state ultimately would be desirable; of these Col. Marsh was one. He was not a Tory, and he had been an efficient friend of the new state; but when the splendidly equipped army of Burgoyne swept along the western border, and a part of it was reported to be advancing on the military road from Mount Independence to Castleton, and on through the most thickly settled portion of the territory to the valley of Connecticut river, Vermont was unorganized; it had no government but a council of twelve men just appointed, and among them was a Judas; they were without a regular corps of officers to execute their orders in the raising of troops-without a treasury, or a dollar of money beyond what they had in their pockets for current expenses. Col. Marsh was therefore panic-stricken. He himself hastened, with other disheartened Whigs and a greater number of avowed Tories, to seek refuge in Canada, and his wife, who feared no personal injury, remained to secure her most valuable goods as well as she could, filling her brass kettle with her pewter ware and silver spoons, and sinking them in a pond near her dwelling-so perfectly safe that she never recovered them.-Vt. Hist. Mag., vol. I, p. 184. Col. Marsh, however, returned, and was permitted to remain. His son, Johnson Marsh, represented Dorset in the General Assembly of 1825. The case of Daniel Marsh of Clarendon was similar. He, too, was included in the act of Feb. 26, 1779, but he returned and represented his town in the General Assembly from 1784 to 1788-9, five years. |