I SHALL make no apology for writing this pamphlet; sure I am it was meant for your good: Besides, this is not the first time I have mov­ed my quill in your behalf. Many times have I hazarded my life for you, as well as for my own property; and if occasion shall in future require, will freely do it again.

ON my return from a barbarous captivity, (part of which extraordinary sufferings was for your sakes) to Bennington, the latter end of May, 1778, and having received the congratulations of a large circle of friends, and returned them the mutual ex­change of compliment and friendship, and had agree­ably entertained ourselves in commemorating the surprizing success of the last campaign; —the down­fall of a whole British army, with a BURGOYNE at their head: And after moving the flowing bowl, expatiated on the ever-memorable battle and victory of Bennington, the forerunner and grand typical fi­gure of the destruction of the Northern army; we then took a retrospective view of our old New-York quarrel, and entered into a discussion on the politi­cal [Page 4] events of forming the new State of VERMONT, it then appeared to me to be a very political move­ment. I have since, upon mature deliberation, ex­patiated on the good effects which cannot fail of re­dounding to the inhabitants, in so extensive a fron­tier country, from the blessings of a well established civil government; and think it worth my trouble to communicate my sentiments and reflections to the public, with a view of encouraging the good and virtuous inhabitants of this State, to persevere and be happy in the further confirming and establishing the same.

TO live in a state of anarchy, has been found to be inconsistent with the wisdom and practice of mankind in all ages and nations, particularly the civilized; and savage tribes have certain maxims, customs or traditions, which are substituted instead of written laws. Indeed, the state and condition of men urgeth, nay, necessitates them to adopt some form of government for their mutual protection and defence: And, inasmuch as a long course of expe­rience has, or in truth may convince every capable judge in the said state of Vermont, that the govern­ment of New-York never desired to exercise jurisdic­tional authority over the inhabitants of said state, for any other purpose but to oppress and deprive them of their lands and labours; therefore, it is our duty and interest to yield them no subjection. Sure­ly, it was not because they loved us or we them; for, the hatred subsisting between us, is equivalent to that which subsists between the Independent States of America and Great Britain. Every overture of [Page 5] pretended peace and friendship to us, is big with mischief and secret design to entrap and ensnare the unwary among us, to divide us, and overturn our new government. This may be learnt from their late proclamation, as well as from many other ways and arts used particularly in the south-east corner of Cumberland county, where there are many Tories, who, to a man, through the whole state, are using their influence and intrigues against our new state, in favour of the government of New-York, which, for certain motives they prefer.

BUT, to take a retrospective view of the conduct of that government towards us, from four to six, or seven years ago, and we shall find that the New York patentees got judgment against those under New-Hampshire at trials at common law; but the claim­ants under New-Hampshire appealed to club law, and, in this mode of trial, they beat the claimants under New-York; and, in those days, a sort of mob go­vernment, in the now county of Bennington took place, which, however deficient in most respects, was nevertheless the terror of the government of New-York, and the only means by which we could possibly maintain the possession of our lands. In the mean the then counties of Cumberland and Glouces­ter were greatly oppressed by the venality and cor­ruption of the government of New-York: This I re­fer to the knowledge of the inhabitants in those counties; though it is altogether probable, that pro­vided New-York government had conquered the Green Mountain Boys, and monopolized their lands, those on the east side of the mountain would have [Page 6] shared the same fate. I have only to add, in this place, that in those days civil government could not be assumed; but I now rejoice to see it established. This is the happy aera which our worthy and de­ceased friend, Doctor Thomas Young, beautifully ex­pressed himself to the inhabitants of the state of Ver­mont, in these words: ‘As the supreme Arbiter of right has smiled on the just cause of North-Ame­rica at large, you in a peculiar manner have been highly favoured; God has done by you the best thing commonly done for our species; he has fairly put it in your power to help yourselves.’ Our constitution is very much approved of in such parts of the eastern states, where it has been circu­lated; and though it be difficult, nay, impossible to form a mode of government to the entire satisfac­tion of the whole body politic; yet I am appre­hensive, that there are as little, I may say less dissa­tisfaction in the state of Vermont, as to matters of government, as in any of the eastern states, Connecti­cut excepted. Probably, there are some in every state who are averse to any mode of government at all; and such, I fear, are out of the reach of argu­ment and reason; such are untractable and barba­rous souls, who enjoy no satisfaction in the happi­ness of their species, or in the effusion of domestic peace, order, and social virtue: But all good and wise men, will exert themselves in establishing and supporting good government and order, which are inseparably connected together: And though, in the tumults and confusions of a cruel war, the present formed constitutions and modes of government may, and undoubtedly are, more or less imperfect; yet [Page 7] they may, in future, be corrected and amended as time of leisure, cool deliberation, and experience may dictate.

CERTAIN I am, that our frontier country was un­der the greatest necessity of forming into a civil and political government. They were obliged to exer­cise, not only an internal policy among themselves, but an external policy against a foreign invasion. This they could not trust to New-York, who would have been rejoiced to have our inhabitants cut off, that their lands might have fallen into their hands; an object which they have been pursuing for more than seven years last past. In this extreme situation government was formed, and General Burgoyne at the same time advancing into the country. The Council of our new state was very busy and zealous in forming the militia into regiments, under brave officers, to face Mr. Burgoyne: At the same time Ge­neral Schuyler ordered our militia to march to Sara­taga; but the Council would not allow it, as they viewed Bennington, and the adjacent country, to be the object of destruction by the enemy, at least, if not so, by their old adversaries. The Council, fur­thermore, sent an express to the Council of the state of New-Hampshire, acquainting them of the distressed situation of the state of Vermont, and imploring their assistance, which New-Hampshire generously afforded, sending their hero General Starks, with a brigade of valiant men, which being joined by the Green Mountain Boys, terminated in the memorable and twice glorious battles and victories of Bennington. This proved the salvation of our new state, and had [Page 8] its salutary influence on the pending cause of the In­dependent States of America at large, and is a strik­ing proof of the good policy of assuming govern­ment.

ANY one who is acquainted with mankind and things, must know, that it is impossible to manage the political matters of this country without the as­sistance of civil government. A large body of peo­ple destitute of it, is like a ship in the sea without a helm or mariner, tossed by impetuous waves. We could not enjoy domestic peace and security alone, set aside the consequences of a British war and New-York strife, without civil regulations. The two last considerations do, in the most striking manner, ex­cite us to strengthen and confirm the government already set up by the authority of the people, which is the fountain of all temporal power, and from which the subjects of the state of Vermont have alrea­dy received such signal advantages. This puts us on an equal footing with our old New-York adver­saries, and will enable us to baffle all their schemes; and this the General Assembly of the State of New-York well knew, when they sent forth their Procla­mation from Poughkeepsie, dated the 23d day of Fe­bruary, 1778, and signed by his Excellency George Clinton, Esq Governor of that state: Which Pro­clamation I do here insert, (for the purpose of in­forming the inhabitants of the state of Vermont of the designs of the new legislature of the state of New-York) together with my observations on the same.

THIS proclamation, after mentioning a disaf­fection of many persons inhabiting the northeast parts of the county of Albany, and certain parts of the counties of Charlotte, Cumberland and Gloucester, proceeds to affirm that these tracts of country were clearly included within the antient, original, true and lately established bounds of the state of New-York.

THAT many, nay almost the whole of the inhabi­tants in those counties, alias, the state of Vermont, are disaffected to the government of New-York, will not be disputed. This is a fact: But it is not fact, that the ancient, original and true bounds of New-York included those lands. The first intimation that ever saluted the ears of the public, asserting this doctrine, was, from a proclamation of Governor Tryon's, dat­ed the 11th day of December, 1771, which begins thus: ‘Whereas, it is the ancient and incontesti­ble [Page 16] right of this colony, to extend to Connecticut River as its eastern boundary.’ This assertion hath been answered at large in my Treatise on the Conduct of this Government towards the New-Hampshire Settlers, to which I refer the reader, and at present observe, that as the quoted assertions in these proclamations, are wholly without foundation, they need only to be as positively denied as they are asserted. The fact is, that the tract of land which now comprehends the state of Vermont, was universally known to be in the government of New-Hampshire. Thus it was placed by all Geographers in their maps, 'till the year 1764, when the now English King, for certain political reasons, which I shall mention, extended the jurisdiction of New-York over the premises, by his special royal authority. At the time of the alteration of this jurisdiction, jea­lousies had fir'd the minds of King and Parliament against the growth and rising power of America, and at this time they began to advance men and govern­ments into power, with a political design to crush the liberties of America. New-York had ever been their favourite government: They could almost vie with Great-Britain in the art of vassalaging common people, and in erasing every idea of liberty from the human mind, by making and keeping them poor and servile. This Great-Britain well knew; and therefore sliced a large territory from New-Hampshire, and added it to New York, to depress the power of the one, and enlarge and extend the other. A well concerted plan: But the Green Mountain Boys disconcerted it, by throwing their weight in to the [Page 17] scale of Congress, which, thank God, has fairly ponderated. Thus may be seen the design, as well as date, of the original, ancient and true bounds of the state of New-York's being extended over the state of Vermont; and, for the same reason it was thus ex­tended by Great-Britain, it will undoubtedly be cur­tailed by Congress.

AS to the acts of outlawry, mentioned in the Pro­clamation, they died a natural death the first day of January, 1776, as may be seen from the act itself, here quoted: ‘And be it further enacted by the authority aforesaid, that this act shall remain and continue in full force and effect, from the passing thereof, until the first day of January, which will be in the year of our Lord, one thousand seven hundred and seventy-six.’

THE subjects of the state of Vermont were under no apprehensions from these old, lifeless acts: Nor do I conceive, that the present Legislature of the state of New-York have laid them under any obliga­tion, in granting them a pardon. It was a matter which formerly respected Governor Tryon, the old Legislature of New-York, and the Green Mountain Boys; and the party last mentioned, choose to settle that old quarrel with Mr. Tryon, and resent it, that the Legislature of the state of New-York have, so late in the day, undertook to give an ‘Unconditional discharge and remission of all penalties and for­feitures incurred,’ under an act, which had been long dead; and which, when alive, served only to discover to the world, the wickedness and depravi­ty [Page 18] of that legislative body which enacted them. In the lifetime of this act, I was called by the Yorkers an outlaw, and afterwards by the British was called a rebel; and I humbly conceive, that there was as much propriety in the one name as the other, and I verily believe, that the King's Commissioners would now be as willing to pardon me for the sin of rebel­lion, provided I would afterwards be subject to Bri­tain, as the Legislature abovementioned, provided I would be a subject to New-York; and, I must con­fess, I had as leave be a subject to the one as the other, and, it is well known, I have had great ex­perience with them both.

NEXT, I propose to consider that part of the pro­clamation called Overtures, which are contained in the three first articles. Article 1st. ‘That all per­sons actually possessing and improving lands, by title under grants from New-Hampshire of Massa­chusetts-Bay, and not granted under New-York, shall be confirmed in their respective possessions.’

THIS first article cannot be considered of any ma­terial consequence, inasmuch, as among almost the whole possessions referred to in the article, there are but very few, if any, but what are covered with New-York grants.

THE second article is as follows: ‘That all per­sons possessing and improving lands, not granted by either of the three governments, shall be con­firmed in their respective possessions, together with such additional quantity of vacant land, ly­ing [Page 19] contiguous to each respective possession, as may be necessary to form the same into a conve­nient farm, so as the quantity of land to be con­firmed to each respective possession, shall not ex­ceed three hundred acres.’

NEITHER of these two first articles, called Over­tures, affect the controversy, except in some very few instances, inasmuch as all, or in a manner all the possessions spoken of, were first granted by New-Hampshire, except some few which were granted by Massachusetts-Bay; and then, lastly, almost the whole of those possessions regranted by New-York. This being the case, what has been hitherto proposed, does not reach the essence of the controversy, as the New-Yorkers very well know; besides, it is not in the power of the government to confirm any of those possessions which have been already granted, and therefore become the property of the grantees, as will be more fully discussed in its proper place. I proceed to the third article of the much boasted O­vertures.

‘THAT where lands have been heretofore grant­ed by New-Hampshire and Massachusetts-Bay, or ei­ther of them, and actually possessed in consequence thereof, and being so possessed, were afterwards granted by New-York, such possession shall be con­firmed, the posterior grant under New-York not­withstanding.’

THOUGH it is absolutely out of the power of the said legislative authority, to confirm the possessions [Page 20] mentioned; yet, to discover their want of generosi­ty in their proposal, I shall, in the first place, consi­der what a trifling proportion of those possessions could be confirmed upon their own stating, inas­much, as the confirming clause in the article, only confirms the possessor, who being so possessed at the time that the New-York grant was laid, and has no respect to any additional possession carried on after the grant took place: The identical words are, ‘And being so possessed, were afterwards granted by New-York;’ viz. After such possession was ac­tually made, and the possessor being so in possession, at the time the grant took place, such possession shall be confirmed, but any later possession cannot be included in the condition of "being so possessed;" for, a later possession was no possession at all at the time the condition of possession took place; and con­sequently, every possession which has been begun in the state of Vermont, since the lands were granted by New-York, must be lost to the possessor, and fall into the hands of the New-York grantees, with all other uncultivated lands in the state; and all our pur­chases of those lands from New Hampshire and Mas­sachusetts-Bay, fall to the ground, together with our possessions, which have been increased an hundred fold.

THESE Overtures have hitherto been considered only in a grammatical and logical sense, allowing them their own construction; I now proceed to con­sider them in a law sense. A legislative authority, within its own jurisdiction, may confirm a possession on vacant land, by making a grant of the same to [Page 21] the possessor: But, for the legislative authority of the state of New York, to pretend as they do in their proclamation, to vacate any grants made by their own authority, in favour of any possession, and to confirm such possessions, by nullifying and defeating their own grants, is the height of folly and stupidi­ty: For, the lands being once granted, the proper­ty passeth to the grantee, who is become the sole proprietor of the same; and he is as independent of that legislative authority which granted it, as any person may be supposed to be, who purchaseth a farm of land of me by deed of conveyance; and it is as much out of the power of that legislature to vacate a grant made by them, or the same authori­ty, in favour of any possessor, as it is out of my power to vacate my deed of conveyance in favour of some second person. It is contrary to common sense, to suppose, that the property of the subject is at the arbitrary disposal of the Legislature: If it was, they might give a grant to-day, and vacate it to-morrow, and so on, ad infinitum. This would de­stroy the very nature and existance of personal pro­perty, as the whole would depend on the sovereign will and last act of the Legislature: But the truth of the matter is, the first conveyance will, and ought to hold good; and this defeats all subsequent con­veyances.

FROM what has been said on this subject, it ap­pears, that the Overtures in the Proclamation set forth, are either romantic, or calculated to deceive woods people, who, in general, may not be suppos­ed to understand law, or the power of a legislative authority.

[Page 22]I HAVE further to evince my arguments on this subject, by the concurring opinion of the Lords of the Board of Trade, on complaint made to them from those very persons, possessing the lands we are speak­ing of. That clause of their report which is simi­lar to what I have argued, is in these words: ‘Such subsequent grants made by the government of New York, however unwarrantable, cannot be set aside by any authority from his Majesty, in case the grantees shall insist on their title.’

THUS it appears, in a trial (of the same case we are treating of) before the Board of Trade, that the King, under whose authority the government of New-York had, in an oppressive manner granted those very lands, could not, by his royal authority, vacate or set aside the grants; yet the present legislative authority of the state of New-York, proclaim to the world, and pledge the faith of government, that they will do it: But enough has been said on the impossibility of it, as well as on the ungenerousness of the proposal: And as to the quit-rents, the Ge­neral Assembly of the state of Vermont will determine their expediency, and probably release them all.

WHAT has been observed, answers every part of the Proclamation worth notice, as the five last arti­cles had an entire reference to the three first; though, it may be worth observing, that the time of compli­ance with those Overtures are run out, and, it is my opinion, that but few of the subjects of the state of Vermont have closed with them. The main induce­ment [Page 23] I had in answering them was, to draw a full and convincing proof from the same, that the short­est, best, and most eligible, I had almost said, the on­ly possible way of vacating those New-York interfer­ing grants, is, to maintain inviolable the supremacy of the legislative authority of the independent state of Vermont: This, at one stroke, overturns every New-York scheme which may be calculated for our ruin, makes us free men, confirms our property, "and puts it fairly in our power to help ourselves," in the enjoyment of the great blessings of a free, un­corrupted and virtuous civil government. You have fought, bled, and hitherto conquered, and are as de­serving these good fruits of your valour, hazard and toil, as any people under heaven.

YOU have experienced every species of oppressi­on, which the old government of New-York, with a Tryon at their head, could invent and inflict; and it is manifest, that the new government are minded to follow nearly in their steps. Happy it is for you that you are fitted for the severest of tryals, you have been wonderfully supported, and carried through thus far in your opposition to that government. Formerly you had every thing to fear from it: But now you have little to fear, for your public character is established, and your cause known to be just. In your early struggles with that govern­ment you acquired a reputation of bravery; this gave you a relish for martial glory, and the British invasion opened an ample field for its display, and you have gone on conquering and to conquer until [Page 24] TALL GRENADIERS are dismayed and tremble at your approach. Your frontier situation often obliges you to be in arms and battles; and by repeated marchings, scoutings and manly exercises, your nerves have become strong to strike the mortal blow. What enemy to the state of Vermont, or New-York land monopolizer, shall be able to stand before you in the day of your fierce anger!

BENNINGTON, August 9, 1778.