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CHAPTER XX.

THE ADMISSION OF VERMONT INTO THE UNION.

Petitions of citizens of New York who had suffered loss in Vermont-Statement of their losses-Report of committee of the New York Legislature on the petition -Commissioners of the Land Office appropriate lands for the sufferers, situated in Clinton, now Bainbridge-Governor Chittenden's address to the people of Vermont-Insurrection at Windsor-Trial of insurgents-Another disturbance-Military called out-Obedience to law enforced-Laws relieving the distresses of the people-Disposition among prominent citizens of New York, favorable to the acknowledgment of Vermont as an independent state-Bill for this purpose introduced into the Legislature of New York-Hamilton's speech in its behalf-It fails-Bounds of Cumberland and Gloucester counties-Adoption of the constitution of the United States-Correspondence between Nathaniel Chipman and Alexander Hamilton-Commissioners appointed by New York to declare Vermont a separate state-Commissioners appointed by Vermont to meet them-Other commissioners appointed by New York-Deliberations of the commissioners of the two states-Report of the New York commissioners-Is approved of by the Legislature of Vermont, who pass an act for paying $30,000 to New York, as an indemnity-Convention at Bennington for considering the expediency of asking for Vermont admission into the UnionNegotiations-Vermont becomes one of the United States-Division of the $30,000 among the New York claimants.

By their opposition to the government of Vermont, the supporters of New York residing in the southern part of Windham county had lost many of their personal effects; had been obliged to neglect, to a certain extent, the cultivation of their farms, and the care of their premises; and had suffered inconveniences, serious and without number. These causes, combined with the fines and imprisonment to which they had been subjected, had reduced them to a condition of poverty from which they could not well recover without assistance. On the 24th of February, 1786, Timothy Church, William Shattuck, and Henry Evans addressed a petition to the Legislature of New York on the subject of the losses which they and their fellow-sufferers had sustained. In this paper they stated

that they and their friends, "by their attachment, zeal, and activity in endeavoring to support the just and lawful authority of New York," had incurred the displeasure of those "who styled themselves freemen of Vermont;" that they had been led to believe by the resolutions of Congress-especially those of the 5th of December, 1782-and by the laws and declarations of the Legislature of New York, that "the lawless and ungrateful usurpers" of the jurisdiction of that state "would be brought to submit to its lawful authority;" that they had been deceived in these reasonable expectations; and that their opponents had "risen in arms to the number of four or five hundred" against them, had killed one and wounded others of their number, had driven some from their habitations or imprisoned them, and had confiscated the estates and sold the effects of many. "Your petitioners cannot but hope," they observed in conclusion, "that having thus sacrificed their all; suffered such exquisite tortures, banishments, imprisonments in loathsome gaols, half-starved and threatened with being put to ignominious deaths, but that your honors 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."*

This petition was read in the Senate on the 27th, and was committed to Messrs. Williams, L'Hommedieu, and Douw. On the 28th, Church, Shattuck, and Evans prepared a verified list, containing not only the names of those who had suffered on account of their attachment to New York, but also a statement of the amount of damages they had sustained. By this it appeared that of those who had been either imprisoned, banished, or deprived of their effects, four were civil officers, twenty-one military officers, and nearly a hundred private soldiers. It was also shown that their losses amounted to £16,663 13s. 8d. On the 1st of March, Mr. L'Hommedieu, from the committee to whom was referred the petition, presented the following report:-.

"It appears to the committee, that the petitioners, with many others holding offices, both civil and military, under the authority of this state, with other inhabitants of the county of Cumberland, have greatly suffered in their persons and estates,

* Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 51. Doc. Hist. N. Y., iv. 1014, 1015.

1786.]

GRANTS TO CHURCH, SHATTUCK, AND OTHERS.

543

and are still subject to heavy fines imposed by the authority of the assumed state of Vermont, for no other crime than supporting the lawful authority of this state in the said county, which they from time to time have done, in pursuance of sundry resolutions of Congress, the several laws of this state, and the directions of their superiors in office. That the petitioners, with others whom they represent, being deprived in a great measure of the means of subsistence, and having become odious to the present government of the said assumed state, by reason of their supporting the laws of this state in the said county, are unable to continue longer in the said county without the greatest inconvenience to themselves and families, and are desirous of removing immediately into the western parts of this state, provided they could procure vacant lands fit for cultivation. That in the opinion of your committee, the said petitioners and others whom they represent, have a claim on the state for some compensation for their sufferings and losses, and that it will be proper for the state to grant to the petitioners and the persons they represent, a quantity of vacant land equivalent to a township of eight miles square."

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After reading the report, Mr. L'Hommedieu delivered it in "at the table," where it was again read, and agreed to. Thereupon, the Senate resolved "that the Legislature, during their present meeting, will make provision for granting to Colo 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." A copy of this resolution was immediately sent to the Assembly, and on the same day a resolution of concurrence was returned to the Senate.*

Soon after these proceedings, measures were taken to comply with the determination expressed in this concurrent resolution. The result of these efforts was seen in the twentieth clause of "An act for the speedy sale of the unappropriated lands within the state, and for other purposes therein mentioned," passed on the 5th of May. By this clause, it was enacted that "it shall, and may be lawful to, and for the said commissioners [of the land office], to appropriate a tract of land equal to eight miles square, in any of the townships to be laid

* Journal Senate N. Y., 9th session, pp. 32, 35, 36. Journal Assembly N. Y., 9th session, p. 64. Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 53. Doc. Hist. N. Y., iv. 1015–1017.

out in pursuance of this act, for the use of Colonel Timothy Church, Major William Shattuck, and Major Henry Evans, and such other persons of the counties of Cumberland and Gloucester, as shall be deemed by the said commissioners to be sufferers in opposing the government of the pretended state of Vermont, and to grant the land in such township, in such proportion to each of such sufferers, as to the said commissioners shall seem meet and proper, and to direct letters patent to be prepared accordingly, and, having approved of the same, the Governor, or person administering the government of this state for the time being, shall cause the great seal of this state to be affixed thereto."*

On the 6th of May, the day following the adoption of this act, a meeting of the commissioners of the land office was held in the city of New York, at the office of the secretary of state. Recognizing the full force of the act, the title of which has been already cited, and of a resolution they had previously passed, in which they described generally the land which they intended to bestow upon those who had suffered in the service of the state-the commissioners resolved "that the following tract of land equal to eight miles square, in a township to be laid out agreeable to the said act and the preceding resolution, be and is hereby appropriated for the use of Colonel Timothy Church, Major William Shattuck, and Major Henry Evans, and such other persons of the counties of Cumberland and Gloucester as shall be deemed by this board to be sufferers in opposing the government of the pretended state of Vermont, to wit:-Beginning at a point on the west bank of the Unadilla or Tianaderha river, one mile northerly from where the same empties itself into the Susquehanna, and thence running down the said river to the mouth thereof, thence southerly along the line run by Simon Metcalfe for the line of cession, commonly called the line of property, established at the treaty with the Indians at Fort Stanwix in the year 1768, eight miles, and extending from thence and from the place of beginning west so far as to include 40,960 acres, the north and south bounds to be east and west lines, and the west bounds to be a north and south line, and that a certified copy of this resolution be a sufficient warrant to the surveyor general to survey the same." The prosecution of the claims of the New York adherents

* Laws of New York, 9th session, p. 133.

1786.]

DISTRIBUTION OF LAND.

545

was entrusted to the care of Timothy Church and William Shattuck. On the 11th of July, at a meeting of the commissioners of the land office, held in the city of New York, they produced to the board "a list of the names of one hundred and seven persons, inhabitants of Cumberland county, with their affidavit, proving that the said persons were sufferers in opposing the government of the pretended state of Vermont, and that the quantity set down on the said list opposite to the names of the respective persons, are the proportions which they would, on an estimate of their respective losses of property and time, and sufferings by imprisonment, respectively be enti tled to, of the tract of eight miles square, appropriated, agreeable to law, by this board for their use, on a presumption that there were no other sufferers." On a closer investigation, the board concluded that there might be other persons equally entitled to "the bounty of the state," whose names were not inserted in the list presented by Church and Shattuck. This opinion was sustained by the fact that the list did not "in any instance extend to the inhabitants of Gloucester county." A resolution was therefore passed, "that there be reserved of the tract appropriated as aforesaid, the quantity of 6,400 acres, equal to ten lots, to satisfy the claims of such of the said sufferers as may not be included in the list now produced."

The board then proceeded to the consideration of the claims of the several persons named in the list, and having acknowledged them "to be sufferers in opposing the government of the pretended state of Vermont," distributed among them, in a ratio proportionate to their losses, fifty-four lots of 640 acres each, reserving ten lots of 640 acres each to meet any just demands for compensation that might be made in the future. Of the land thus granted, Timothy Church received 3,840 acres; William Shattuck, 3,200 acres; Henry Evans, 1,920 acres; Francis Prouty, 1,180 acres; Hezekiah Stowell, 840 acres; William White, Joseph Peck, Daniel Ashcraft, and David Thurber, each 640 acres; Charles Phelps, 508 acres; James Davidson, 500 acres; and the rest smaller quantities.*

* Daniel Shepardson received 280 acres. On the 4th of July, 1786, a few days before the allotment was made, he wrote to Governor Clinton from Guilford, informing his Excellency that he was dissatisfied with the statements that Mr. Shattuck had presented concerning his (Shepardson's) losses by the Vermonters. At the same time, he communicated an epitome of his losses in these words:-" By the Best Istemate that I Can make on the Whole for Time and Money Spent and for My Catel that have Bin taken from me By the Varmontears and for Being

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