Vermont: A Study of Independence

by Rowland Evans Robinson

Only one town on the east side of the mountains was represented in this meeting; but pains were taken to confer with those inhabitants, and at the adjourned session, in September, ten eastern towns were represented. At this session it was voted that the inhabitants should be governed by the resolves of this or a similar convention "not repugnant to the resolves of Congress," and that in future no law or direction received from New York should be accepted or obeyed. The power was assumed of regulating the militia, and furnishing troops for the common defense. For the especial safe-keeping of Tories, a jail was ordered to be built at Manchester. It was to be constructed with double walls of logs, eighteen inches apart, the space to be filled with earth to the height of seven feet, "floored with logs double." The convention appointed a "Committee of War," vested with power to call out the militia for the defense of the Grants or any part of the continent. Fines were exacted from every officer and private who should not comply with the orders of the convention; and each non-commissioned officer and private was required to "provide himself with a suitable gun and one pound of powder, four pounds of bullets fit for his gun, six flints, a powder horn, cartouch box or bullet pouch, a sword, bayonet, or tomahawk."

The convention adjourned to meet at Westminster on the 30th of October. When that day arrived, the country was in great alarm from the disaster to the American fleet on Lake Champlain, and Carleton's advance toward Ticonderoga. The militia was hurrying to the defense of that fortress, and many delegates were kept at home by the impending need of protection for their families. Owing to these circumstances, the few who met could not be informed of the minds of the people, and it adjourned to the 15th of January, 1777. During this interim, the popular sentiment had so rapidly ripened for the proposed separation that, when the convention met, little time was spent in debate before the adoption of a Declaration of the Independence of the New Hampshire Grants. As revised for publication it is as follows: "We will at all times hereafter, consider ourselves as a free and independent state, capable of regulating our internal police in all and every respect whatsoever, and that the people on said Grants have the sole and exclusive and inherent right of ruling and governing themselves in such manner and form as in their own wisdom they shall think proper, not inconsistent or repugnant to any resolve of the Honorable Continental Congress.

"Furthermore, we declare by all the ties which are held sacred among men, that we will firmly stand by and support one another in this our declaration of a State, and in endeavoring as much as in us lies to suppress all unlawful routs and disturbances whatever. Also we will endeavor to secure to every individual his life, peace, and property against all unlawful invaders of the same.

"Lastly, we hereby declare, that we are at all times ready, in conjunction with our brethren in the United States of America, to do our full proportion in maintaining and supporting the just war against the tyrannical invasions of the ministerial fleets and armies, as well as any other foreign enemies, sent with express purpose to murder our fellow brethren and with fire and sword to ravage our defenseless country.

"The said State hereafter to be called by the name of New Connecticut."

This bold and decisive act, by which a free and independent commonwealth was erected, was with eminent fitness consummated in the court-house at Westminster, a place already consecrated to the cause of liberty by the blood of William French, who, less than two years before, had fallen there in defense of the people's rights.

A "Declaration and Petition," announcing the step taken and asking that the new State might be "ranked among the free and independent American States," was prepared and sent to Congress. The action of the people of the Grants was received in a not unfriendly spirit by the New England States; but New York at once made an earnest protest to Congress against it, and demanded the recall of the commission of Colonel Warner authorizing him to raise a continental regiment in the disaffected district, emphasizing the demand by reminding Congress of Warner's outlawry by the "late government." Considering the attitude of Congress and all the colonies toward the royal source of the "late government" of New York, this seems an absurd argument for the recall of Warner's commission. Fortunately for the cause which that brave officer so faithfully and efficiently served, the insolent demand was not complied with.

The adjourned convention met at Windsor in June with seventy-two delegates from fifty towns. One of their earliest transactions was to relieve the young State from the ridiculous name which was first bestowed upon it. It was discovered that a district lying on the Susquehanna was already known as New Connecticut, whereupon the convention rechristened the infant State "Vermont." This most befitting name was suggested by Dr. Thomas Young of Philadelphia, a firm friend of the defenders of the Grants. In the previous April he had addressed a circular letter to them, advising them to act in accordance with a resolution of Congress passed in May, 1776, which recommended to the respective assemblies of the United Colonies, where no sufficient government had been established, to adopt such government as should appear to the representatives of the people most conducive to the happiness and safety of their constituents. He advised a general convention of delegates from all the towns to form a Constitution for the State, to choose a Committee of Safety, and also delegates to Congress, declaring Congress could not refuse to admit their delegates. "You have," said he, "as good a right to say how you will be governed, and by whom, as they had." Dr. Young's letter called forth another earnest protest from New York to Congress, and that body declared that the action of the people of the Grants was not countenanced by any of its acts. The petition of Vermont was dismissed, the commission of Warner apologized for, and Dr. Young censured for a "gross misrepresentation of the resolution of Congress" referred to in his letter. Dr. Young recommended to the new commonwealth, as a model for a Constitution, that of Pennsylvania, an instrument whose essential features originated in Penn's "Frame of Government" of that province. His advice was followed, and a very similar Constitution was adopted early in July, 1777.

When, for this purpose, after a short adjournment, the convention met at the Windsor meeting-house, all Vermont was in alarm at the British invasion which was sweeping upon its western border. Almost at first the attention of the delegates was called to the impending peril of Ticonderoga by an appeal for aid from Colonel Warner. This was at once forwarded to the Assembly of New Hampshire, and such measures as seemed best, which elicited the warm thanks of General St. Clair, were taken by the convention for the relief of the threatened fortress. Some of the members, among whom was the president, the patriotic Joseph Bowker of Rutland, whose families were in exposed situations, were now anxious for an adjournment; but a furious thunder-storm came roaring up the Connecticut valley, and the storm-bound convention took up its appointed work, reading and adopting, one by one, the articles of the Constitution amid the turmoil of the tempest.

To the first section of the declaration of rights, which announced that "glittering generality," the natural rights of man to life, liberty, and the pursuit of happiness, this specific clause was added: "Therefore no male person born in this country, or brought from over sea, ought to be holden by law to serve any person as a servant, slave, or apprentice after he arrives to the age of twenty-one years, nor female in like manner after she arrives to the age of eighteen years, unless they are bound by their own consent after they arrive to such age, or bound by law for the payment of debts, damages, fines, costs, or the like."