equally by reason and sound policy to avoid, as much as possible, connexions, subject to be perpetually interrupted by events never under our control, and which entail upon us the inevitable fatality of being the injured party. If we receive no benefits from treaties, it is a sufficient consolation that we grant none. The laws of nations afford to commerce all the protection it requires, and governments are too much interested in the profits and convenience of an interchange of commodities, to encroach upon these laws in the times of peace.

Such is the spirit of the doctrines held by some members in the old Congress. Experience has proved, that they were not without wisdom. Has a treaty yet been made, which has been respected by a European power at war? Our first treaty with France was violated, as soon as the hostile designs of that power made it her interest to cramp the commerce, and diminish the resources of England. The first treaty of peace with Great Britain, it is true, was originally infringed without such a cause, but suffered equally afterwards in the retaliatory proceedings against France. Of other treaties. it is not necessary to speak. It will be found, that in every European war, since our independence was declared, they have shared the same fate. But the above remarks, in regard to treaties, do not necessarily apply to conventions for specific purposes, nor to arrangements for colonial trade.

CHAPTER XIII.

CONTROVERSY BETWEEN NEW YORK AND
CLINTON, MORRIS, AND HAMILTON

ON THAT

OF

VERMONT.-VIEWS SUBJECT.-MR MORPAPERS WRITTEN BY FINANCE.-ACCIDENT OCCA

RIS RETIRES FROM CONGRESS.-VALUABLE
HIM ON AMERICAN CURRENCY AND

SIONING THE LOSS OF HIS LEG.-SPAIN AND THE UNITED STATES.

BESIDES the affairs of a national bearing, which claimed the attention of all the members of Congress in common, there was one of special consideration devolving chiefly on the delegates from New York. This was the controversy between that State and Vermont, respecting the independence and jurisdiction of the people inhabiting that territory.

For nearly thirty years before the Revolution, there had been heart-burnings and disputes between the colonies of New Hampshire and New York, concerning the tract of country included between the Connecticut River and Lake Champlain, then called the New Hampshire Grants. These first arose from the circumstance, of the Governor of New Hampshire assuming. and exercising the power of granting lands in that territory. Many settlers from different parts of New England purchased lands, and established themselves there, under the authority of his warrants. The government of New York considered this an encroachment upon their limits and rights, and remonstrated with New Hampshire against such a proceeding. The controversy grew warm, and was at length referred to the King. After much delay before that tribunal, a decision was finally given in favor of New York, confirming to that colony a jurisdiction over the whole country, as far east as the Connecticut River.

This result was far from putting the question to rest, or

quieting disorders. The New Yorkers not only claimed jurisdiction under this decision, but a title to the lands, thus annulling all the contracts of the Governor of New Hampshire, and requiring the settlers to pay for their lands a second time, or leave them. Warrants were issued, and purchases made, covering tracts already held under the New Hampshire title, which had been paid for, and in some instances cleared of their timber and cultivated as farms. It is no wonder, that the people, who had now increased to a respectable number, should be indignant at such a measure, and put themselves in an attitude of self defence and resistance. In short, there sprang up in the hearts of these borderers a rancor and enmity against New York, not to be soothed by legislative enactments, nor quelled by the civil arm. They took into their own hands the task of governing themselves, and protecting their lives and property, heedless of the menaces of their powerful and grasping neighbors. They insisted, and certainly with more than the show of reason, that, by conferring jurisdiction, the King's Council could never intend to destroy the titles of the inhabitants to the lands, which they had honestly bought and paid for; and if it were possible that so gross a piece of injustice should have been designed, their first duty to themselves required that they should regard it neither with respect nor obedience.*

*The feelings of the people, in regard to the New Yorkers, were sometimes displayed by a rather ludicrous exhibition. In the town of Bennington there was an inn, called the 'Green Mountain Tavern,' which had for its sign the skin of a catamount, stuffed and raised on a post twenty-five feet from the ground, with its head turned towards New York, and its teeth grinning defiance to all intruders from that quarter.

In this tavern the Committee, or board of government, acting in the triple capacity of a legislative, judicial, and executive body, used to sit for the trial of persons suspected of being hostile to the sovereignty of the ruling powers, or partiasns of New York. Such persons were regarded much as the tories were during the war. One mode of

At this juncture the revolutionary war broke out, and the attention of all parties was drawn to topics of weightier moment. But the successive governments of New York took care not to let the pretensions of their predecessors become dormant, and even during the shortlived and unsettled dynasties of Conventions and Provincial Congresses, they looked with jealousy upon the forms of independence, which the Green Mountain Boys were assuming, and received it in no good part, that the Continental Congress should sanction the raising of a regiment of troops among them, who were to act in some degree distinct from the authority of New York. As soon as the constitution was established, and the wheels of the new machine began to move, this business of Vermont was again taken up in earnest. It was referred to Congress, and strong appeals were made against the doings and claims of these refractory citizens. The mountaineers also sent on their agents to Congress, and demanded to be made a State, and to be taken into the fraternity, as an integral part of the Union.

Meantime Ethan Allen, being exchanged and released from captivity, returned home. He had been the champion of this cause from its origin, and now resumed it with his accustomed ardor and energy. He penned a vindication of the people of Vermont, and of their right to become an independent State. Mr Jay wrote to Morris, in allusion to this performance; Ethan Allen has commenced author and orator. A Philippic of his against New York is handed about. There is quaintness, impudence, and art in it.' But Ethan Allen did not confine himself to his pen. He talked, and harangued, and

punishing an offender of this sort was to tie him in an armed-chair, hoist him by a rope up the signpost, and cause him to be suspended there for two hours under the catamount's claws, in the sight of the people. See Vermont State Papers, p. 36. This was more convenient, more expeditious, and probably quite as effectual, as the tar and feathers of a later time.

made himself busy among the people, and kept the tone of popular sentiment up to the pitch he desired.

The legislature of New York seemed resolved on carrying their point, and ministered fuel to the flame by their discussions and resolves. Governor Clinton, prompted by his former impressions, his private feelings, and his official duty, wrote repeatedly and in pressing terms to the President of Congress and the New York delegates, calling their attention to this subject as one vitally important to the State.

It is to be presumed, that the New England members. generally, for wise political reasons, preferred that Vermont should become an independent State; but from the sketch of a debate on the subject, preserved in Mr Morris's handwriting, it appears that they did not avow this ground openly. Roger Sherman, who was thought secretly to encourage the Vermont party, declared in this debate that Congress had no right to decide the controversy, that the confederation was not complete, and if it were, they could do no more than act as meditators, that Vermont ought to be heard in the case as well as New York, that if both parties left it to the decision of Congress, after a full hearing, it might then be taken up with propriety, that the people of the Grants were never subject to New York by their own consent, that when independence was declared they were as much included in the declaration, as any other persons in the United States, and if they now had any differences to settle with their neighbors, it did not belong to Congress to interfere. Mr Gerry maintained nearly the same doctrine, denied the power of Congress to intermeddle, regarded the inhabitants of Vermont as extra provincial, who, as such, might set up for themselves, and believed an arbitrary decision by Congress would give fresh discontent and increase the difficulty. Some of the southern members accorded with these sentiments, and argued that nothing could be done at any rate, without definite instructions from the several States. From some circumstances it may be inferred, that Mr Morris's views did not differ widely from those just enumerated.