USA > New Hampshire > Sullivan County > Charlestown > History of Charlestown, New-Hampshire, the old No. 4 > Part 17
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HISTORY OF CHARLESTOWN.
"Philadelphia, Aug. 14th, 1781.
Dear Sir :
The controversy relating to the district called Vermont, the in . habitants of which have, for several years, claimed and exercised the jurisdiction of an independent State, is, at length, put into a train of speedy decision. Notwithstanding the objections to such an event, there is no question but they will be established into a separate and federal State. A relinquishment made by Massachusetts of her claims ; a despair of finally obtaining theirs, on the part of New-York and New- Hampshire, the other claimants, on whom these enterprising adven- turers were making fresh encroachments; the latent support afforded them by the leading people of the New-England States in general, from which they emigrated ; the just ground of apprehension, that their ru- lers were engaging in clandestine negotiations with the enemy; and lastly, perhaps, the jealous policy of some of the little States, which hope that such a precedent may engender a division of some of the large ones, are the circumstances which will determine Congress in the affair."
By the controversy's being " put into a train of speedy decision," Mr. Madison had reference to the resolutions of Congress, on the 7th of August, already referred to, which were as follows :
" Resolved-That a committee of five be appointed to confer with such person or persons as may be appointed by the people residing on the New-Hampshire Grants, on the west side of the Connecticut river, or by their representative body, respecting their claim to be an inde- pendent State ; and on what terms it may be proper to admit them into the Federal Union of these States, in case the United States, in Con- gress assembled, shall determine to recognize their independence, and thereof make report.
And it is hereby recommended to the people of the territory afore- said, or their representative body, to appoint an agent or agents to re- pair immediately to Philadelphia, with full powers and instructions to confer with the said committee on matters aforesaid, and, on behalf of the said people to agree upon and ratify terms and articles of union and confederation with the United States of America, in case they shall be admitted into the union; and the said committee are hereby in- structed to give notice to the agents of the States of New-Hampshire and New-York to be present at the conference aforesaid.
Resolved-That, in case Congress shall recognize the independence of the said people of Vermont, they will consider all the lands belong-
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ing to New-Hampshire and New-York, respectively, without the limits of Vermont aforesaid, as coming within the mutual guarantee of territory contained in the articles of confederation ; and that the United States will, accordingly, guarantee such lands, and the jurisdiction over the same, against any claims or encroachments from the inhabitants of Vermont aforesaid."
The committee chosen under the foregoing resolutions were Mr. Boud- inot of New Jersey, Mr. Vandyke of Delaware, Mr. Carroll of Mary- land, Mr. Montgomery of Pensylvania, and Mr. Randolph of Virginia. Mr. Madison was on the committee who had drafted the resolutions.
About the middle of August, after these resolutions had been con- sidered and passed by Congress, Messrs. Jonas Fay and Ira Allen, rep- resenting Vermont west of the Connecticut river, and Bezaleel Wood- ward of Dresden, representing the towns of the eastern union, who, on the 22d of June immediately after the formation of the western union, had been appointed agents to apply to Congress for the admission of Vermont into the federal union, arrived in Philadelphia to gain their first knowledge, there, of what had been going on. They immediately submitted their credentials to the committee of Congress, who had been appointed under the above resolutions; but, it appearing that they had been chosen to represent Vermont as enlarged by its castern and western unions, and not the people on the New-Hampshire Grants only, the committee of Congress did not feel authorized to confer with them. The matter was therefore referred to Congress, who directed that the conference should proceed.
The conference took place on the 18th of August, and was carried on by questions from the committee, to which the agents made ans- wer. These questions related to the condition and purposes of Ver- mont, the particulars of which it is unnecessary to state here, except to give briefly the terms on which they represented that Vermont de- sired admission to the union ; which were, " That the State, according to its original limits to the westward of Connecticut River, should be ad- mitted a member of the confederation ; that delegates from it should be allowed to take their seats in Congress, as soon as the union should be completed ; that the claims of New-Hampshire, and New-York to the eastern and western unions, should be determined by a Court of com- missioners, constituted in the mode prescribed by the articles of con- federation ; and that Vermont should have the same right as any other State, on application to Congress, to be heard in the settlement of the controversy."
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HISTORY OF CHARLESTOWN.
These proposals, on being presented by the agents of Vermont, failed to meet the approval of the committee ; the particulars wherein may be understood by the following resolution, which, on the 20th of Aug- ust, they reported and recommended to the adoption of Congress ; and which was adopted by that body.
" Resolved-That it be an indispensable preliminary to the recogni- tion of the independence of the people inhabiting the territory called Vermont, and their admission into the federal union, that they ex- plicitly relinquish all demands of lands, or jurisdiction, on the east side of the west bank of Connecticut River, and on the west side of a line, beginning at the northwest corner of the State of Massachusetts, thence running twenty miles east of Hudson's river, so far as the river runs northeasterly in its general course ; then by the west bounds of the townships granted by the late government of New-Hampshire to the river running from South Bay to Lake Champlain ; thence along the said river to Lake Champlain, thence along the waters of Lake Champlain to the latitude of 45 degrees north, excepting a neck of land between Massiskoy bay and the waters of Lake Champlain."
" The resolution was understood and treated as a virtual engage- ment, on the part of Congress, to acknowledge the independence of Vermont, and admit her a member of the federal union, whenever she should consent to restrict her boundaries to the limits therein pre- scribed; which were in substantial accordance with her original claim' of territory. On the question of agreeing to the resolution, the yeas and nays were taken, when twelve States, being all except New-York, voted in the affirmative."
Such was the lure which had been thrown out by Congress to in duce Vermont to reconsider her action, and take steps backward ; but, as it will be seen, it was not quite sufficient, at that time, to accom- plish the object.
On the assembling of the Legislature at Charlestown, it was found that Thomas Chittenden had been re-elected Governor, but that there was no choice of Lieutenant Governor. It, therefore, became the duty of the Legislature to elect this officer. Their choice fell upon Elisha Payne, who, on the union of the sixteen towns with Vermont, had rep- resented Cardigan ; but at the time of his election to the Licuten- ant Governorship, was a resident of Lebanon. Bezaleel Woodward, Esq., of Dresden (Hanover), was also one of the counsellors. Two of the important officers of the State were, therefore, from towns on the New-Hampshire side of the river. These same individuals were also
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among the Judges of the Supreme Court of Vermont for the year 1781. In the distribution of officers, it will thus be seen, the New- Hampshire towns which had gone over to Vermont, were not neglected.
On the 16th of October, the assembly of Vermont, in a committee of the whole, met for the consideration of the Congressional resolutions of the 7th and 20th of August. These resolutions were considered all that day, and also through the 17th and 18th till the 19th, when on this last day the following action was taken.
" Resolved-That this committee recommend to the Legislature of this State to remain firm in the principles on which the State of Ver- mont first assumed government; and to hold the articles of union which connect each part of the State with the other inviolate." They then proceeded to affirm, for the satisfaction and information of the Honorable Congress, that they would not submit the question of their independence to the arbitrament of any power whatever; but they were willing, at present, to refer the question of their jurisdictional boundary to commissioners mutually chosen, and when the State should be admitted into the American union, they would submit any such disputes to Congress.
The Legislature went further, and elected nine commissioners, on their part, to meet with similar commissioners from New-York and New-Hampshire, for the mutual adjustment of their jurisdictional claims. Three of these, Jonas Fay of Bennington, Peter Olcott of Norwich and Ira Allen of Colchester represented Vermont proper ; Three, the Eastern union, viz., Elisha Payne of Lebanon, Daniel Jones, of Hinsdale, and Ezra Stiles of Keene; The remaining three, viz., Joseph Caldwell and Phineas Whiteside of Cambridge, and Gid- eon Warren of Greenfield, represented the towns which had united with Vermont from New-York. Thus Vermont, notwithstanding the tempting lure of Congress to abandon her unions east and west, re- mained true to her new friends, and rejected an offer which she would have gladly accepted, could she have done it without sacrificing her honor by the violation of the pledges she had made.
We now turn to the consideration of matters in New-Hampshire, while the preceding occurrences were taking place.
When the Government of New-Hampshire learned that the Ver- mont Legislature was to hold its session at Charlestown, though great excitement prevailed, no public action was taken; and if any meas- ures were discussed in the Council of Safety, relating to the prevention of the session, they were kept a profound secret. But as, under the
-
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feeling that existed, it was natural to suppose that something would be done, the people both of New-Hampshire and Vermont were in a state of feverish curiosity to accertain what it would be. And when, a few days previous to the time appointed for the meeting of the Leg- islature, a regiment of New-Hampshire troops marched into Charles- town, under the command of Lieutenant Colonel Daniel Reynolds, the supposition was that the movement was intended as a threat to the Vermont Legislature, to prevent their assembling. And when, a few days later, three hundred weight of powder, and six hundred weight of balls, and a thousand flints were received by Colonel Samuel Hunt, for the purpose of supplying the troops, the inference from the whole affair was that it meant trouble for the Vermont Assembly. Nothing daunted, however, by this military demonstration, they appeared at their posts, in good time, without any of the delay that was usual in their attendance ; when some of the principal members waited on Col- onel Reynolds, to advise him, that, if he had been sent to Charlestown, with any hostile intent, for the sake of humanity, it would be best, that he should remain quiet. They moreover, informed him, that his force was insufficient to avail, in case of any demonstration on his part. No demonstration was made. If he had received any private instruc- tions, therefore, from New-Hampshire, relative to the Vermont Legisla- ture, he kept them to himself. But, we have no good reason to be- lieve that he had received any ; for his force, without any reference to Charlestown, was enlisted under a requisition of General Washington for reinforcing the continental army; and it was only the circumstan- ces of the situation which led the people to entertain the supposition that the regiment was ordered to Charlestown, for a different purpose.
The double game, which Vermont had been playing, just before this time, is familiar to all who are acquainted with her history. At the same time, she was true to liberty and the interests of the Ameri- can Union. Some of her principal men had been engaged in secret negotiations with the enemy in Canada ; and had had the tact to make the agents of the British government believe that the people of Ver- mont were anxious, at a suitable time, to return again to loyalty.
Under such an impression an arrangement had been entered into, for a cessation of hostilities between the British army and the forces of Vermont, which was made known to the commanding officers, on both sides, but was kept a profound secret from the people. In order, therefore to keep the people quiet and satisfied, it was necessary occa-
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sionally to make a show of hostilities, while anything like a collision or engagement was to be carefully avoided.
In this state of things General St. Leger, at the head of the British army from Canada, ascended Lake Champlain, and rested at Ticon- deroga, while General Enos had the command of the troops of Ver- mont, on the frontiers, with his head quarters at Castleton. For the purpose of keeping up appearances, frequent scouts by the command- ers, who were in the secret, were sent out from both armies, under the pretence of watching the movements of the enemy. Two of these, con- trary to the intention of the commanding officers, coming into collision one day, shots were exchanged, and Sergeant Tupper, the leader of the Vermont scout, was killed; when his men immediately retreated. "The body of the Sergeant was decently interred; and General St. Leger sent all his clothes, with an open letter to General Enos, inform- ing him of his regret, for the fate of the Sergeant ; and made an apol- ogy for his death. The despatch and apparel both being publicly de- livered to General Enos, the matter excited no little feeling and caused no little discussion among the troops.
General Enos and Colonels Fletcher and Walbridge wrote letters, and sent immediately an express to Governor Chittenden, at Charles- town, announcing the arrival at Ticonderoga, of the British army ; wherein, they blended public matters, and private negotiation. Mr. Hathaway the messenger, not being in the secret, failed not to proclaim the extraordinary message of General St. Leger, through the streets of Charlestown, till he came to the Governor (which happened in the recess of the legislature) which occasioned crowds of people to follow to hear the news.
The Governor and others were sitting in a large room among whom were some persons who were eager to learn the negotiations that were surmised to be carried on between the British in Canada and the gov- ernment of Vermont, for the purpose of using their knowledge to the detriment of those who were engaged in the matter. The Governor op ened one of the letters, but thought prudent to peruse it himself, be- fore he allowed it to be publicly read. Others were, also, opened at the same time by Messrs Brownson and Fassett, who were seated near the Governor, and were in the secret. Finding that the letters con- tained, both public and private information, the Governor, as soon as he had read his letter, exchanged with the others ; while all of them, taken by surprise, were at a loss as to the course which it would be prudent to pursue. At this confused moment, Colonel Reynolds, who
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had heard the news, as it had been proclaimed by Mr. Hathaway, en- tered the room and approaching Colonel Allen, inquired of him, " What was the reason that General St. Leger was sorry, that Sergeant Tup- per was killed?" Mr. Allen said " he could not tell." Colonel Rey- nolds repeated the question, when Allen replied, " that good men were sorry when good men were killed, or met with misfortune, which might be the case with General St. Leger." This answer enraged Reynolds ; and he again loudly inquired "what reason could possibly induce a British General to be sorry when his enemy was killed, and to send his clothes to the widow ?" Allen, excited in turn, told Reynolds to go at the head of his regiment, and demand the reason of his sorrow, and not stay there asking impertinent questions, eating up the country's provisions and doing nothing, when the frontier was invaded. After this, very high words passed between them, till at length Colonel Rey- nolds left the room.
The excitement caused by this encounter drew away all attention which had previously been drawn towards the letters ; and thus afford- ed the Governor time to decide on what it was best to do. It seemed, on the whole, best that the board of war should be convened; all the members of which were in the secret. This was done as soon as pos- sible, in the Governor's Chamber ; while Mr. Hathaway was left to de- tail the news to the populace. At this meeting, new letters were made out, purporting to be from General Enos and Colonels Fletcher and Walbridge, which were read for the originals, for the information and satisfaction of the public. Everything was embraced in them, which the original letters contained, except what related to the secret negotia- tions, which both prudence and policy required them to omit.
The session of the legislature passed without any interference on the part of New-Hampshire; and probably none was comtemplated from the beginning. And, during its session, nothing further of importance occurred, with the exception of the announcement on the last day, "That on the 19th instant, the proud Cornwallis had unconditionally surrendered, with his whole army, to the illustrious Washington ;" at the proclamation of which news all hearts mutually united in a gen- eral rejoicing.
The legislature adjourned to meet at Bennington, on the 31st of January, 1782.
CHAPTER XI.
COLLISION OF AUTHORITIES, AND PROCEEDINGS OF NEW-HAMPSHIRE AND VERMONT GROWING OUT OF IT.
LTHOUGH there had as yet occurred no collisions between the legal authorities of Vermont and New-Hampshire, it was scarcely probable that a much longer period could elapse without them. Matters were growing daily more complicated, and a conflict which would involve serious consequences more imminent. As Dr. Belknap in his history of New-Hampshire says, " The majorities in towns attempted to control the minorities, and these were disposed not to submit, but to seek protection of the government with which they had been connected. At the same time and in the same place, jus- tices, Sheriffs, and Constables, appointed by the authority of both states, were exercising jurisdiction over the same persons-High words, par- ty rage and deep resentment were the effects of these clashing inter- ests." Of course it was scarcely possible that such a state of things should for a long time continue.
Washington County was wholly embraced in the territory covered by Cheshire. But each county held its courts under different judges, though not at the same time. And each individual, according to his adherence to New-Hampshire or Vermont, sought justice at the tribunal of what he considered his own State. This, as long as the decisions of the courts were not enforced, occasioned no open or violent rupture. But such a state of things, in the very nature of the case, could not long exist. And when either party, by the actual exercise of authority, should as- sert its jurisdiction, there would, of necessity, be a conflict.
Such was the condition of things when this conflict was precipitated by the following circumstances. The town of Chesterfield, the old No. 1, of the towns on the east side of the Connecticut River, having for some time been destitute of any officers, either civil or military, who would act under the authority of New-Hampshire, some of the
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principal persons in the county, advised the adherents of that State, to nominate one or two persons, as justices of the peace, and return their names to the Assembly, to be commissioned, if it should be thought proper. A few persons, therefore, on the evening of the sixth of No- vember, 1781, assembled at the house of Nathaniel Bingham for that purpose. About eight o'clock in the evening, Samuel Davis, who had been legally elected and sworn into office of constable for the town of Chesterfield, but who had, subsequently, accepted the office of con- stable, under the State of Vermont, under whose authority alone he would act, entered the room, with five others ; and after some conver- sation, took a book from under his coat, containing the laws of Ver- mont ; and said " He would be glad to read a paragraph in it." Mr. Bingham told him, he did not choose to hear him read any of the acts or laws of Vermont, in his house ; and requested him to with- draw, for he interrupted them in the transaction of their business. Some one of the company also spoke very contemptuously of the laws of Vermont, from which he had been reading or attempting to read. On this, further conversation followed, when Mr. Davis put up his book, and said that he had a precept against one of the company ; but Mr. Bingham, forbidding him to read any precept under Vermont, in his house, he and his attendants, after some further altercation and threats on the part of Mr. Bingham, concluded to retire.
But Davis was not a man to be resisted under such circumstances with impunity. He, therefore, on the 12th of November, obtained a warrant signed by Moses Smith of Chesterfield, a justice under Ver- mont, directed to the sheriff of the county of Washington,.on which Mr. Bingham was arrested, and carried before the said justice and sentenced, as was set forth in the Mittimus, for resistance to a regularly constituted officer of that State. He was kept in close confinement, until the afternoon of the thirteenth, then . conveyed to the north part of Walpole, and the next day to Charlestown, where he was com- mitted to jail. John Grundy, jr., who had been one of the company with Bingham, was, by a warrant from Colonel Samuel King, also, committed to the same jail, at the same time.
But the prisoners were not quite willing to be deprived of their lib- erty, in so summary a manner. They, therefore, drew up a petition and forwarded it to the Assembly of New-Hampshire for relief, which, on the 28th of November, was acted upon with the following result.
" An act of New-Hampshire for the enforcement of its authority in Cheshire and Grafton Counties.
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STATE OF NEW-HAMPSHIRE.
In the Year of our Lord One Thousand Seven Hundred and Eighty one.
An Act.
For empowering the Sheriff of the County of Cheshire to release from Prison sundry of the good Subjects of this State, imprisoned by certain evil minded Persons, assuming Authority for so doing under the People inhabiting a Territory commonly called Vermout ; and for the apprehending of Persons so offending.
Whereas the People inhabiting a Tract of Country on the West Side of Connecticut River, originally granted by this State, and after- wards claimed by the State of New-York, have erected themselves in- to a separate and independent Jurisdiction, by the Name of the State of Vermont ; and Whereas sundry Persons have by Color of Authority under said pretended State of Vermont, acted as civil Officers, passed Judgment, and committed to Prison sundry of the good Subjects of this State ; and have seduced many of the inhabitants of the Counties of Cheshire and Grafton to submit to the Jurisdiction of said pretend- ed State of Vermont, by Means whereof the proper Officers of the said Counties may be unable to release the good Subjects of this State from such Illegal Imprisonment, and to apprehend the Persons so offending without the special Aid of this Assembly ; and inasmuch as an impar- tial Trial of the said Offenders cannot probably be had within the said Counties, where the Offenses have or may be committed ;-
Be it Therefore enacted by The Council and House of Representa- tives in General Assembly convened, and by the Authority of the same, it is hereby enacted ; That the Committee of Safety be and here- by is impowered and authorized to issue their Order to the Sheriff of the County of Cheshire to release from Prison all Persons, confined, or who may hereafter be confined, in either of the said Counties, by Order, Process or Authority of any pretended Court, Magistrate, Officer or other Persons claiming Authority from the said pretended State of Vermont, and to apprehend the Persons who heretofore have exer- cised or hereafter shall attempt to exercise any Office, Power, or Au- thority within said Counties of Cheshire or Grafton from, by, or under the said pretended Authority of Vermont, and to convey said Offend- ers to the common Gaol in the County of Rockingham or such other County in this State as the said Committee may order, there to remain until released by order of the General Assembly, the Committee, or by due course of Law.
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