on the point-And Esqr. Marvin further said that he was a prisoner and at liberty upon parol-That he (this deponent) being on his return up the lake was hailed by the Maria, examined and permitted to pass-that he called at point Afair and was conducted by a Corporal to Captain De Chambault's Room-That the Captain observed to him & Company that he wished them to acquaint his Excellency the Governor of Vermont & Other Gentlemen that being a british Officer he had positive Orders to protect the people within these posts, meaning Point a fair & Alburgh, and that if he could not do it by pacific means, he must do it with the force of arms-That this deponent, on his departure from point a fair, was hailed again by the Maria, bro't back, and after examination had, permitted to pass on-and farther the deponent saith not-Burlington June 15th 1792 TIMO ALLEN Burlington June 15th 1792 Chittenden ss- Personally appeared Capt Timothy Allen signer of the within affidavit and made solemn oath the same is the truth the whole truth and nothing but the truth-before

State of Vermont

EBENR MARVIN Councillor

Major Jacob Smith of South Hero also deposed in all particulars to the facts stated by Capt. Allen.

The deposition of [Rev.] Reuben Garlick of Alburg of Lawful age Tistify & say that the Writs for the Election of a Member in the County of Bedford in Lore Canaday for a member to their Legislature were sent to the Province Line & I have been informed the Person that Brought them was directed not to summons any Person south of the Province Line nor have I heard of any Persons being summonsed in Alburg The Deponent further saith that the Laws of Vermont are in fourse in Alburg and the sivel officers of Government have met with no opisition from any Person under Pretext of British Government since the Departure of Partrick Conroy & John Savage in June last. REUBEN GARLICK County of Swanton July 31st 1792. Chittenden Personally Appeared the Reverend Mr Reuben Garlick & made solum Oath to the Truth of the above Deposition. THOS. BUTTERFIELD Just. Peace.

SS.

I Benjamin Marvin of lawfull age testify and say that in the month of June 1787 I went to live at albergh otherwise then Called Caldwells Manor about five miles from the Garison at point au fair & South of the line commonly called the province line or latitude 45 about three miles at which place I have ever since lived at which time there was no kind of civil or military government exercised among the people of the place except what was derived from ourselves by rules adopted by us in meetings of our own vicinity by which we banished theives and other criminal offenders and enforsed by other rules compliance to awards of arbitrators in civil disputes and when persons were banished from the province of Canada and were brought to the line and Suffered to come into our vicinity we drove them from us Some years had elapsed from the Settlement of the place when Mr. Caldwell came amongst us and Gave militia commissions to captains conroy & Savage and Subalterns for two militia companies in that place now called Albergh with a promise that the british civil government should be put in force among us and we protected as british Subjects; and patrick Conroy who then lived north of the line of latitude 45 and was in Commission of a Justice of the peace in canada not long after moved South of the line amongst us

and isued some few precepts and took some affidavits but if a trial was had before him he went north of the line afors to hold his courts but the inhabitants still kept up their old mode of government as derived from our own resolves as abovesaid without regard to m2 Conroy til we volluntarily organized and choose our officers by order of the Governor and under the laws of the State of Vermont: and the militia officers above named never did act under the authority of their commissions except in one instance Viz in febuary or march in the year 1791 Captain conroy ordered his company to meet together South of the line and in consequence of his orders issued for that purpose they in part convent and I think about one third part of them embodied by his order when some matters took place which occasioned Capt Conroy to Step into a Sleigh and ride off north of the line without dismissing his company or giving them any orders at which time Some of our people advertised him as a runaway from his company and offered as a reward for his return one peck of potatoes and no other orders or after orders under the british government has been heard of amongst us except the taking of our persons and property by the british forces at point aufair in June last past-and I the deponent further say that in my opinion the nearest part of land in Albergh is about two miles and one half from the garison at point au fair and the deponent saith that Civil government under Vermont is now executed without any resistance and also that the late writs for warning the people in the county of bedford north of the line and adjoining Albergh were not Served in Albergh nor any of the people in albergh was ever warned to attend their Elections that I ever heard of and further this deponent Saith not— BENJN MARVIN. State of Vermont october 18th day 1792 Benjamin Marvin the above Rutland ss named deponent personally appeared and made Solemn oath that the aforegoing deposition by him Signed is the truth the whole truth and nothing but the truth-before me

EBENR MARVIN Councillor

REPORT OF THE COMMITTEE OF THE GENERAL ASSEMBLY ON THE

FOREGOING PAPERS.'

The Committee to whom were referred the communications of his Excellency the Governor, respecting the Disturbances at Alburgh, in June last, beg leave to state the following facts, to wit,

That Alburgh is a tongue of land connected with the eastern shore of Lake-Champlain, and lies on the south side of this and the United States. The British had, at the time of the late peace, and still have a post at point Au-Fer, on the western side of Lake-Champlain, some miles south of the line of the United States. The nearest distance from this post to Alburgh, is two miles and one quarter; and the greatest distance is from ten to twelve miles. The British have another post at a place called Dutchman's-Point, on Grand Isle [North Hero,] about half a mile south of Alburgh. The garrison at point Au-Fer, have never prevented the civil officers of the State of New-York from exercising their offices, but have uniformly declared, that they had nothing to do with the inhabitants, except within three hundred yards of the garrison. The garrison at Dutchman's-Point have never interfered, in any way, with the inhabitants, or done anything beside keeping their own centries. The people of Alburgh, from the first settlement of the place, until June last, have been without the exercise of any govern

1

From the printed Assembly Journal, Oct. 29 1792, pp. 39, 40.

ment, either civil or military—when they met in town-meeting, and organized themselves, and chose town-officers under the authority and laws of Vermont; when the inhabitants of the town generally took the freeman's oath, and the officers took the oath of allegiance, and government has since been regularly administered, except in the instance mentioned in the communications of his Excellency, on the eighth day of June last-and from that time until the twelfth day of the same June, the British officers of the garrison at point Au-Fer, interrupted the officers of this State, in the execution of their offices, by imprisoning them, taking from them property which they had taken by virtue of writs issued by the authority of this State, and taking their writs from them, as stated in the several affidavits communicated by his Excellency the Governor.

Wherefore we beg leave to report, as our opinion, That his Excellency the Governor of this State, in his communications with his Excellency Governor Clarke, and with the President of the United States of America, has conducted with that degree of spirit and propriety which ought to mark the conduct of the Chief Magistrate of a free and independent State. It further appears to us, that the letters written by Mr. Jefferson, to his Excellency the Governor of this State, must have been founded on a mistaking of facts, which must have been received from Canada.

Wherefore it is our opinion, that the Legislature recommend to his Excellency the Governor of this State, to procure affidavits sufficient to prove that Alburgh is not occupied by the British troops, nor under their protection, and send them to the President of the United States, to evince [to or convince] him that the Government of Vermont have not wantonly attempted to disturb the peace of the union, or to interrupt any negociation between the United States and any other power-All which is humbly submitted.

Signed,

October 20, 1792.

EEENEZER MARVIN, for Committee.

The above report was read, accepted, and, Ordered, To be entered, at large, on the Journals.

VERMONT CHARGED WITH ENDANGERING THE PEACE OF GREAT BRITAIN AND THE UNITED STATES IN 1794.

The British posts in the United States were steadily maintained, to the annoyance of our government and people, but the discussion between the U. S. Secretary of State and the British minister was temperate until 1794. In Vermont, the statu quo was maintained on both sides without any serious difficulty until the same year; the British troops holding their posts, and Alburgh going on peaceably as an organized Vermont town. But the two nations were drifting rapidly to a dangerous point. On the 10th of February 1794, Lord Dorchester, then Governor General of Canada, publicly declared that he would not be surprised if there should be war with the United States in the course of that year; and the movements of British troops in Canada and events in the United States both favored this opinion. On the 16th of April, in a message to the Senate nominating John Jay as envoy extraordinary to Great Britain, President Washington said the aspect of affairs was serious, and that such a mission, "while it corresponds with the solem

nity of the occasion, will announce to the world a solicitude for a friendly adjustment of our complaints, and a reluctance to hostility." On the 9th of May of that year Congress authorized the President to detach eighty thousand troops from the militia for service in any emergency, and orders therefor were at once issued by the President. Such being the aspect of affairs, it is not surprising that the British on the border were more than usually insolent—their chief had encouraged that; and it is creditable to Vermont that neither its governor nor people gave any provocation for it, but patiently awaited the action of the national authorities. The records of that period, both official and unofficial, prove that the people of Vermont had good cause for both alarm and complaint, and it is not to be doubted that they would have driven out the British by force, had they not respected the advice and policy of President Washington. The following extracts are in point:

By a gentleman from the northward we are informed, that boats, &c. trading from the United States to Canada, are detained and the men insolently refused permission to return. "Pride goeth before destruction, and a haughty spirit before a fall."-Vermont Gazette of May 2 1794.

By gentleman from St. John's we are informed that the British have just completed a brig at that place, mounting 12 guns; the brig is every way completed and well manned, and is now stationed at Point-a-Fair, on Lake Champlain. Our informant adds that a very large roe [row] galley is now building at St. John's; and that the garrison at Montreal was immediately to be strengthened by the addition of a regiment of his Majesty's troops from Quebec.-Farmer's Library, Rutland, May 27 1794. These vessels of war were of course in addition to the schooner Maria, which had long been stationed in Windmill bay.

The Newyork Herald of June 16th mentions a report that the British in Canada, fearing an attack from the Americans, had ordered a body of troops from Quebec to Montreal, destined for some part of the frontiers. - Vermont Gazette of June 20 1794.

LANSINGBURGH, June 10 [1794.] We have just been informed by a gentleman who left Montreal on the 29th ult. that great preparations were making under the pretence of deending the Canadians from being plundered by the Vermontees, which fhey have been led to believe, from reports industriously circulated, no doubt for the purpose of calling out the militia, and uniting the Canadi

'In response to the requisition of President Washington, under the act of Congress of May 9 1794, Gov. Chittenden, on the 21st of June, ordered the detachment of three regiments of Vermont militia, numbering two thousand one hundred and twenty-nine men in all, to be held in readiness as minute men. Of these Maj. Gen. Ira Allen's division was to furnish one regiment. On the 30th May preceding, Gen. Allen had ordered the militia of Alburgh and the neighboring islands, now constituting the county of Grand Isle, to be organized as an entire regiment, which of course surrounded the British garrison on North Hero. It is quite probable that he then expected war on the frontier, but no collision of troops occurred.-See Appendix F.

ans against the states. The forts are putting in a state of defence, & many boats are building, and one of 70 oars was launched last week, alledged to be for carrying provisions. No account of Colonel Simcoe having taken a new position when he left that place. Ten thousand troops were expected to arrive from Europe, as provisions were so cheap, that soldiers could subsist much more comfortable than in England, and be ready for an expedition at any moment. Lord Dorchester was daily looked for from Quebec, to review the troops, militia, forts, &c. &c.-The Farmers' Library, Rutland, of July 1 1794.

Royal Corbin to Gov. Chittenden.!

ALBURGH 18th May [Aug.] 1794— May it please your Excellency;-The Repeated injuries & insults this vicinity has suffered from the British, while in a time of peace, and within ye Jurisdiction of this State, are so glaring, & so very frequent, as to rouse the indignation of every one who has the smallest tincture of Republican Blood, circulating in their veins.-The peculiar situation of my business, being in the merchantile line, & consequently having much necessary call to pass ye lake Champlain up & down, as well as across, subjects myself to daily abuses from an Armed Vessel-& my property to an unjustifiable seizure & Detention.—I am not suffered to pass Southward to Isle-la-Motte-because they alledge I am within their lines, & [must] apply to the Ship, for liberty. Neither am I allowed to pass to or from, St John's, altho' within their lines-So I am deprived of every advantage a citizen of every State ought to enjoy, as your Excellency will be pleased to observe.-I have submitted this imperfect Schetch of our affairs, to your inspection-as also some affidavits, respecting particular treatment on the 12th. Inst.-I wish your Excellency's instructions and commands-and do myself the honor to inform, that nothing but true love to my Country should be sufficient to tempt me to invade your leisure. The more minute particulars as to my sitaation, the posts & ship-your Excellency can be Informd. [of] by Colla. Pearl & several other Gentlemen of Respectibility, at Burlington; who are perfectly acquainted therewith-& after your Excellency shall be fully acquainted with our situation and Insults-I have not the least dout of [or] Ideabut your Inst. attention will be drawn to our relief.-In the meantime I am Dr Sir with the Utmost due Respect yr Obbed' & Very Humble Serv1ROYAL CORBIN.

Honourable His Excellency Thomas Chittenden

The affidavits referred to are as follows:

Samuel D. Searle of Lawfull Age testifys & says that on or about the 12th. Inst He saw a Batteau coming from Windmill point, towards Mr. Corbin's in the Bay when the sd Boat had come from ye point a certain distance, he heard a firing of Cannon from the Ship, [the Maria,] & fort at point au fer, and soon after saw a Ship's Boat, mann'd out, and making to Corbins-But before ye Ship's Boat came on Shore-the Batteau had first arrived-With Two person's on Board-with near forty Bushels of Salt & a Puncheon of Rum, with some small matters besides-for the use of the hands-In a few minutes after the Arrival of this Boat, came

From the original, in the Ms. Vermont State Papers, Vol. 24, p. 71. A memorandum on the back of the letter states that the date should have been August instead of May. The affidavits sent at the same time are dated August 18 and 21 1794.