and declared that the act of any four of these commissioners should be "as effectual to every purpose as if the same had been made an immediate act of the Legislature of this State." The act was very vague, and appeared to delegate to the commissioners legislative powers.

A copy was forwarded to Governor Chittenden by six of the seven commissioners two days after its passage, and correspondence with Vermont was invited. This letter differed from others that had been received previously by Governor Chittenden in that it was addressed to "His Excellency."

The session of the Vermont Legislature which convened at Westminster in October, 1789, was called upon to accept or reject the advances made by New York. On the day following the retirement of Thomas Chittenden from the Governorship in favor of Moses Robinson, by request of the House Mr. Chittenden came before that body and communicated such information as he had received concerning Vermont's relations with the Federal Government.

Two days later, on October 16, the Governor and Council sitting with the House in grand committee, voted to recommend the appointment of a committee to treat with the New York commissioners. Following a week's consideration, a bill was passed, on October 23, authorizing the appointment of commissioners in the following terms: "Whereas it is of consequence that the line between the State of Vermont and the State of New York be ascertained and established, and that certain obstacles to the admission of the State of Vermont

into union with the United States should be removed: Which purposes to effect,

"It is enacted by the General Assembly of the State of Vermont, that Isaac Tichenor, Stephen R. Bradley, Nathaniel Chipman, Elijah Paine, Ira Allen, Stephen Jacob and Israel Smith, Esquires, be and hereby are, appointed commissioners in behalf of this State, with full power to them, on any four or more of them, to treat with commissioners that now are, or hereafter may be appointed by the State of New York, and who shall be fully authorized and empowered by the said State of New York, to ascertain, agree to, ratify and confirm a jurisdictional or boundary line between the State of New York and the State of Vermont: and to adjust and finally determine all and every matter or thing which in any wise obstructs a union of this State with the United States."

There was something definite and positive in these instructions which was lacking in the New York bill. A clause was added giving the same power granted to the New York commissioners, declaring that every act or agreement of four or more of the commissioners should be as effectual "as if the same had been an immediate act of the Legislature of this State."

It was followed by this significant proviso: "Provided always, That nothing in this act shall be construed to give the said commissioners power to lessen or abridge the present jurisdiction of this State: or in any wise oblige the inhabitants of the same, or any other person or persons claiming title to lands heretofore granted by this State, or the late province of New Hamp

shire, to relinquish their claims under the jurisdiction thereof or in any wise subject the State of Vermont to make any compensation to different persons claiming under grants made by the late province and now State of New York, of lands situate and being in the State of Vermont, and within the jurisdiction of the same.' An amendment from the Council, proposing to strike out the proviso, was rejected by a vote of 64 to 29, and later proposals of amendment, intended to eliminate this proviso, also were defeated. Three of the commissioners named in this act, Messrs. Tichenor, Bradley and Paine, were elected agents to transact the negotiations of Vermont with the Congress of the United States for the admission of this State into the Union.

The commissioners were numbered among the ablest Vermonters of this time. At a later period three of these men were Governors of the State, and five were United States Senators.

In November the New York Commission was notified of the passage of the bill providing for a Vermont Commission and arrangements were made for a conference in New York City. The first session was held late in the afternoon of February 9, at the City Tavern, the meetings continuing for several days.

Vermont insisted that the vacating of grants made by the province of New York, where the same interfered with grants made by the province of New Hampshire, or, later, by the State of Vermont, should also be a subject of negotiation. New York inquired if the Vermont Commission had power to relinquish the claims of the

grantees of lands made by the new State, or to stipulate a compensation for an extinguishment of the interfering claims of the grantees under New York. The Vermont Commission thought it had such powers, but as it had been mutually agreed that the negotiations should not be binding unless Vermont was admitted to the Union, it was suggested that the exchange of views be continued. New York thought Vermont did not have sufficient power to deal with the matter of compensation for the relinquishment of New York land claims. Vermont came back with the suggestion that it was unnecessary to anticipate this difficulty until it had been determined that Vermont ought to make compensation and the manner in which it should be made. New York complained that in taking up the subject of vacating certain of its land claims the Vermont commissioners were exceeding their powers. Vermont replied that, although not empowered to treat with individual claimants in regard to the relinquishment of claims, the commissioners were of the opinion that they were fully authorized to stipulate a compensation to the State of New York for any just and reasonable extinguishment of private claims made by that State. New York was pressed for an answer to the question whether its commissioners were themselves authorized to extinguish on any terms the claims of New York patentees which interfered with grants made under the State of Vermont and the late province of New Hampshire.

On February 13 the New York commissioners declared that they did not recognize the distinction made by the Vermont Commission between compensation to

individuals and the State of New York, and admitted that they could not negotiate in regard to the relinquishment of land patents. The discussion was ended by a statement signed by the Vermont commissioners in which they said: "As you decline to treat with us upon a subject which manifestly appears to be the most important object of the law as it respects the State of Vermont, the treaty is at an end. We are very unhappy that a misunderstanding of the law as to the powers given to us should defeat the designs of the two govern

Application was made immediately to the New York Legislature, then in session, for the passage of a new act. On March 6 a bill was passed giving to the commissioners full and direct powers to treat with Vermont. The commissioners named in the act did not include the names of Rufus King and Richard Varick, and in their places Egbert Benson, Richard Sill and Melancton Smith were appointed.

The New York members of the two commissions included some of the most eminent men in the early history of that State. Robert Yates was a member of the convention which formulated the United States Constitution and was Chief Justice of the New York Supreme Court, 1790-98. Rufus King was a Massachusetts member of the Constitutional Convention. Removing to New York, he was elected United States Senator and later was United States Minister to Great Britain. Robert R. Livingston was a member of the Continental Congress, one of the committee of five which drafted the Declaration of Independence, administered the oath of