USA > Vermont > Early history of Vermont, Vol. III > Part 15
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Governor Martin Chittenden was subjected to a great deal of sharp criticism by the administration party because of his luke-warm support of the war which he regarded as unnecessary and that should have been avoided, but it must be remembered he was but carrying out the sentiment of a large part of the party that elected him during the progress of the war. The criticism, to a large extent, grew out of the purpose and action of the Governor to keep the militia of the State within its borders and for the protection of her jurisdiction and people.
The Governor said in his first speech to the Legislature, that "the importance of the subject of the militia will not fail to claim your deliberate consideration. I havealways considered this force peculiarly adapted and exclusively assigned for the service and protection of the respective States; excepting in cases provided for by the National Constitution: viz, to execute the laws of the Union, suppress insurrections and repel invasions."
"It never could have been contemplated by the framers of our excellent constitution, who, it ap-
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pears, in the most cautious manner, guarded the sovereignty of the States, or by the States, who adopted it, that the whole body of the militia were, by any kind of magic, at once to be trans- formed into a regular army for the purpose of foreign conquest; and it is to be regretted, that a construction should have been given to the consti- . tution, so peculiarly burdensome and oppressive to that important class of our fellow citizens.
"The war, in which we are engaged, would re- quire the united wisdom and energy of the nation to sustain. It was delcared under circumstances which forcibly induced a great proportion of the people to consider it at least doubtful, as to its necessity, expedience, or justice. And its contin- uance has become still more so, since the removal of the Orders in Council, the principal alleged cause of it. The subject of impressment never hav- ing been considered a sufficient cause of war by either of the preceding administrations, and having been once adjusted by two of the present cabinet, Messrs. Monroe and Pinckney, ministers on our part, is such a manner as was by them stated to be both safe and honorable to our country, it would seem thatit ought not now to be considered an insuperable obstacle to a fair and honorable peace, or an adequate cause for a protracted, ex- pensive and destructive war. The conquest of the Canadas, of which so much has been said, if desir- able under any circumstances, must be considered a poor compensation for the sacrifices, which are and must necessarily be made."
The report of the majority of the committee
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appointed to draft an answer to the speech, ap- proved of the speech, and was adopted by the House by a vote of 96 to 89. A minority report of 79 members condemned the political portion of the speech and answer.
Pending the abortive movements of Wilkinson and Hampton in Nov. 1813, in Northeastern New York and on the Canadian border, a portion of the militia of the third brigade and the third division of Vermont militia, under Lieut. Colonel Luther Dixon, crossed the lake into New York, and put themselves under the command of Hampton. This was contrary to the views of Governor Chittenden as already referred to. The said third brigade had been called out by Gen. Elias Fassett from the ' district of his command in October, in view of the removal of Hampton's army to the Cognawaga to join Wilkinson, which left the Champlain defenceless. When Hampton returned from his advanced position as heretofore stated. and brought his army to Chazy, the necessity of retaining the Vermont militia at Plattsburgh had passed ; Vermont was exposed and there was much discontent at the absence of the militia from the State. Under these circumstances Gov. Chittenden on Nov. 10, 1813, issued the following proclama- tion.
"A PROCLAMATION.
" Whereas, it appears that the Third Brigade of the Third Division of the Militia of this State has been ordered from our frontiers to the defence of a neighboring State: And whereas it further ap- pears, to the extreme regret of the Captain General.
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that a part of the Militia of said Brigade have been placed under the command and at the disposal : of an officer of the United States, out of the juris- diction or control of the Executive of this State, and have been actually marched to the defence of a sister State, fully competent to all the purposes of self defence, whereby an extensive section of our own Frontier is left, in a measure, unprotected, and the peaceable good citizens thereof are put in great jeopardy, and exposed to the retaliatory in- cursions and ravages of an exasperated enemy : And whereas, disturbances of a very serious nature are believed to exist in consequence of a portion of the Militia having thus been ordered out of the State:
" Therefore, to the end that these great evils may be provided against, and, as far as may be, pre- vented for the future :
"Be it known-that such portion of the Militia of said Third Division, as may be now doing duty in the State of New York or elsewhere, beyond the limits of this State, both officers and men, are here- by ordered and directed, by the Captain General and Commander in Chief of the Militia of the State of Vermont, forthwith to return to the respec- tive places of their usual residence, within the ter- ritorial limits of said Brigade, and there to hold themselves in constant readiness to act in obedi- ence to the orders of Brigadier General JACOB DA- VIS, who is appointed by the Legislature of this State,to command said Brigade.
"And the said Brigadier General Davis is hereby ordered and directed, forthwith, to see that the
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Militia of his said Brigade be completely armed and equipped as the Law directs, and holden in constant readiness to march on the shortest notice to the defence of the Frontier; and in case of actual invasion, without further orders, to march with his Brigade, to act, either in co-operation with the troops of the United States, or separately, as circumstances may require, in repelling the enemy from our territory, and in protecting the good citizens of this State from their ravages or hostile incursions.
" And in case of an event, so seriously to be de- precated, it is hoped and expected, that every citizen, without distinction of party, will fly at once to the nearest post of danger, and that the only rallying words will be-OUR COUNTRY.
"Feeling, as the Captain General does, the weight of responsibility which rests upon him with regard to the constitutional duties of the Militia, and the sacred rights of our citizens to protection from this great class of community, so essentially necessary to all free countries-ata mo- ment, too, when they are so imminently exposed to the dangers of hostile incursions, and domestic difficulties-he cannot conscientiously discharge the trust reposed in him by the voice of his fellow citizens, and by the Constitution of this and the United States, without an unequivocal declaration, that, in his opinion, the Military strength and re- sources of this State must be reserved for its own defence and protection, exclusively-excepting in cases provided for by the Constitution of the United States; and then, under orders derived
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only from the Commander in Chief [i. e. the Presi- dent of the United States.]
This order was not well received by the Ver- mont troops at Plattsburgh, but on the contrary was treated with contempt, and on Nov. 15, 1813, at Plattsburgh the officers met and signed a reply to it which was drawn up by Captain Gadcomb, and is as follows : viz,
"To His Excellency, MARTIN CHITTENDEN, Esq., Governor, Captain General, Commander in Chief, in and over the State of Vermont.
"SIR: A most novel and extraordinary Procla- mation from your Excellency, "ordering and direct- ing such portion of the Militia of the Third Brig- ade of the Third Division of the Militia of Vermont. now doing duty in the State of New York, both officers and men, forthwith to return to their re- spective places of their residence," has just been communicated to the undersigned officers of said Brigade. A measure so unexampled requires that we should state to your Excellency the reasons which induce us, absolutely and positively, to re- fuse obedience to the order contained in your Excel- lency's Proclamation. With due deference to your Excellency's opinion, we humbly conceive, that when we are ordered into the service of the United States, it becomes our duty when required, to march to the defence of any section of the Union. We are not of that class who believe that our duties as citizens or soldiers are circumscribed within the narrow limits of the Town or State in which we reside; but that we are under a para- mount obligation to our common country, to the
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confederation of States. We further conceive that while we are in actual service, and during the period for which we were ordered into service, your Excellency's power over us, as Governor of the State of Vermont, is suspended.
If it is true, as your Excellency states, that we "are out of the jurisdiction or control of the Exe- cutive of Vermont," we would ask from whence your Excellency derives the right or presumes to exercise the power of ordering us to return from the service in which we are now engaged? If we were legally ordered into the service of the United States, your Excellancy must be sensible that you have no authority to order us out of that service. If we were illegally ordered into the service, our continuance in it is either voluntary or compulsory. If voluntary, it gives no one a right to remonstrate or complain ; if compulsory we can appeal to the laws of our country for redress against those who illegally restrain us of our liberty. In either case we cannot conceive the right your Excellency has to interfere in the business. Viewing the subject in this light, we conceive it our duty to declare un- equivocally to your Excellency, that we shall not obey your Excellency's order for returning; but shall continue in the service of our country until we are legally and honorably discharged. An in- vitation or order to desert the standard of our country will never be obeyed by us, although it proceeds from the Governor and Captain General of Vermont.
"Perhaps it is proper that we should content ourselves with merely giving your Excellency the.
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reasons which prevail upon us to disregard your proclamation ; but we are impressed with the belief that our duty to ourselves, to the soldiers under our command, and to the public, require that we should expose to the world the motives which pro- duced and the objects which were intended to be accomplished by such extraordinary proclamation. We shall take the liberty to state to your Excel- lency, plainly, our sentiments on this subject. We consider your proclamation as a gross insult to the officers and soldiers in service, inasmuch as it implies that they are so ignorant of their rights as to believe that you have authority to command them in their present situation, or so abandoned as to follow your insidious advice. We cannot re- gard your proclamation in any other light than as an unwarrantable stretch of executive author- ity, issued from the worst motives, to effect the basest purposes. It is, in our opinion, a renewed instance of that spirit of disorganization and anarchy which is carried on by a fraction to over- whelm our country with ruin and disgrace. We cannot perceive what other object your Excellency could have in view than to embarrass the opera- tions of the army, to excite mutiny and sedition among the soldiers and induce them to desert, that ยท they might forfeit the wages to which they are entitled for their patriotic services.
"We have, however, the satisfaction to inform your Excellency, that although your proclama- tions have been distributed among the soldiers by your agent delegated for that purpose, they have failed to produce the intended effect-and although
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it may appear incredible to your Excellency, even soldiers have discernment sufficient to perceive that the proclamation of a Governor when offered out of the line of his duty, is a harmless, inoffensive and nugatory document. They regard it with mingled emotions of pity and contempt for its author, and as a striking monument of his folly.
"Before we conclude, we feel ourselves in justice to your Excellency bound to declare that a knowl- edge of your Excellency's character induces us to believe that the folly and infamy of the proclama- tion, to which your Excellency has put your sig. nature, is not wholly to be ascribed to your Ex- cellency, but chiefly to the evil advisers with whom we believe your Excellency is encompassed."
On Jan. 6, 1814, the National House of Repre- sentatives took into consideration the Proclama- tion of Governor Chittenden. Mr. Sharp a mem- ber from Kentucky, said,
"This act was in direct violation of the stat- ute, which makes it penal to entice the soldiers in the service of the United States to desert. This act was done, too, at a critical time, and by a person standing in so conspicious a station as to require particularly the punishment due to his of- fence. Mr. Sharp adverted to the peculiar station of the militia thus ordered home, on a frontier requiring their presence for its protection; and whereas, he said, from their character, they might, indeed, be expected, being the descendents of the Green Mountain Boys who so much distinguished themselves during our Revolution under the illus- trious Allen, to have voluntarily aided in the in-
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vasion of the territory of the enemy. Under these circumstances, and when their services were most needed, they were invited by Governor Chittenden to desert their position. His conduct in this respect must meet the decided reprehension not only of every member of this House, but of every good citizen of the Union. It ought then to receive legal scrutiny. His offence ought to be punished, lest our laws should be subject to the remark which was applied to Solon's: that they were like cob- webs, which entangled the weak, but which the strong could break through. To bring this subject directly before the House, he offered the following resolutions :
"Resolved, That the militia of any of these United States, or the Territories thereof, when lawfully employed in the service of the United States, are subject to the same rules and articles as the troops of the United States.
"Resolved, That every person not subject to rules and articles of war, who shall procure or en- tice a soldier in the service of the United States to desert is guilty of an infraction of the laws of the the United States and subject to punishment.
" Resolved, That His Excellency Martin Chit- tenden, Governor of the State of Vermont, by is- suing his proclamation, dated at Montpelier, on on the 10th day of November in the year of our Lord 1813, did entice soldiers in the service of the United States to desert. Therefore,
"Resolved, That the President of the United States be, and he is hereby, requested to instruct the Attorney General of the United States to insti-
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tute a prosecution against the said Martin Chit- tenden."
These remarks and resolutions were followed by additional remarks from Mr. Fisk of Vermont, who said "he had hoped, and in so saying he be- lieved he expressed the sense of the whole delega- tion from the State of Vermont, that these resolu- tions would not have made their appearance. He believed that very few persons in Vermont. ap- proved of that proclamation. He was certain there were none of the delegation from the State who approved it. The act was unjustifiable, but it was the act of the Governor of a State. The resolutions were objectionable in several points of view, of which he would briefly notice only one or two. If Gov. Chittenden had committed an of- fence against the laws, he was liable to the proper tribunal. It was not proper that the House of Representatives should turn informers. Thecourts of justice should be as clear from any improper in- fluence as possible. If the resolutions should be adopted, and the weight of the opinion of the House of Representatives were such as it ought to be, it would be conclusive against the individual concerned : if, however, they failed in convicting him, and merely excited public sympathy in his favor by their accusation, it would place this body in an unpleasant, if not ridiculous point of view. In such case the House had no constitutional power ; and all resolutions on the subject must be improper. As well as for another reason: these declare the law to be so and so, and resolutions then declare the Governor to have violated the law.
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Now, said Mr. Fisk, our resolutions neither make or strengthen laws, and therefore can be of no use. Viewing the resolutions as objectionable in every point of view, he moved that they lie on the table."
Other members of the House, while not com- mending the course of the Governor, favored a laying the resolutions on the table. They argued that if Governor Chittenden had committed an of- fence against the laws let the judiciary, under the Constitution and law, decide the question, whether the Governor had acted constitutionally, and were opposed to the House giving its opinion on the law or directing the prosecution of anyone. The reso- lutions were tabled and never considered again. The Governors of Massachusetts, Connecticut, and Rhode Island seemed to have acted in respect to their militia not inconsistent with the views of of Gov. Martin Chittenden. The Governor of those three States "objected to the requisitions made on their several states for parts of their re- spective quotas of militia on the following grounds : 1st, That the president has no power to make a requisition for any portion of the militia, for either of the purposes specified by the constitution, unless the executive of the state on whose militia such call is made, admits that the case alleged exists, and approves the call. 2d, That when the militia of a state should be called into the service of the United States, no officer of the regular army had a right to command them, or other persons, except the president of the United States in person."
The Vermont militia returned from New York State before their time of service expired and no
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particular notice of the course that the Governor had taken with the militia was afterwards taken. It is evident as he as Governor, acted in the mat- ter, not only in harmony with the majority of his party in Vermont, but in the manner that he re- garded his plain duty. His character was shown and principles were expressed in the following statement in his speech to the Legislature of 1814, when he said, " The true patriot can submit to no sacrifice of truth or principle, to procure his own advancement, or promote the interests or views of a party. Men may change, and parties may change-but truth, principle, and virtue are,minu- table. It ought therefore, to be our firm determi- nation to persue the plain path of duty with steadi- ness and fidelity." It will be born in mind that though Governor Chittenden was scrupulous as to his rright not to comply with the orders to send the militia out of the State, to be commanded by a United States officer, he did not undertake to prevent volunteers going to the assistance of Gen. Alexander Macomb and Gen. Samuel Strong of Plattsburg, but he called for volunteers, and the call was responded to, not only in the western counties of the State near the scene of conflict but from central and eastern Vermont.
As the campaign of 1813, drew to a close, Com- modore Macdonough went into winter quarters at the Otter Creek River near Vergennes, with his flotilla, on Dec. 19, 1813.
It was determined by the Cabinet that the cam- paign of 1814. in the north should be the same as that of 1813: viz, the invasion of Canada. Gen.
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Crogan was to move against the British on the upper lakes; Gen. Brown on the Niagara frontier ; and Gen. Izard in the Champlain region, who was to cut the connection on the St. Lawrence between Montreal and Kingston. The Vermont troops were employed in two of the three parts of this arrangement. Part of the U. S. regiment [Clark's] on the Niagara frontier, and the remainder of the 11th and the 30th [Fassett's] and the 31st [ Dana's] and the Vermont militia and volunteers in the vicinity of Lake Champlain. At the same time war was to be kept up on the smugglers as well as the harrassing of the Canadians in the vicinity of the Vermont and New York frontier lines in which Colonel Clark continued to be very efficient.
On Jan. 14, 1813, a detachment of thirteen mounted infantry was ordered to the frontier in Highgate, to look after smugglers and smuggled property, and they passed over the line into Can- ada finding no smuggled property, returned to Vermont side to take supper at a Mr. Dibble's ; on preparing to depart after supper, they were met by a party of thirty armed smugglers who commenced firing upon them, and the fire was re- turned with spirit for a time when the smugglers charged in upon them, but the door was strongly defended till seven of their number escaped and the remainder were taken prisoners by the smug- glers, except Sergeant Butler commanding, who was mortally wounded and was left.
On February 13th, pursuant to orders from the War Department, Gen. Wilkinson broke up the cantonment ; seven regiment of infantry, including
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a part of the 11th regiment, one company of artil- lery marched for Sackett's Harbor under General Brown; sixth regiment of infantry with two com- panies of artillery marched to Plattsburgh; and one brigade, including the 30th and 31st regiments marched to Burlington under Gen. Macomb.
As soon as the American troops had left their winter quarters the British on Feb. 19, 1814, made a raid for plunder at French Mills and vicinity, and on the 21st Gen. Wilkinson marched with three thousand men from Plattsburgh about ten miles toward the enemy, and learned they had left for Canada. The British secured a considerable plun- der, but lost more than one hundred regulars by desertion, fifty of whom came to Plattsburgh and and the remainder to Sackett's Harbor.
On Feb. 24, 1814, at Burlington Col. Isaac Clark of the 11th infantry issued orders for all the officers and men of his regiment, who were absent to return to their duty or they would be consid- ered deserters unless they reported to thecommand- ing officers on the expiration of their furlough. Gen. Wilkinson was determined to destroy the traitors' intercourse that had been kept up between those calling themselves Americans with the enemy in Canada; therefor Col. Clark marched on March 8th with a detachment of eleven hundred mounted riflemen, all Green Mountain Boys, to take posses- sion of the entire northern frontier of Vermont; and three hundred riflemen and sixty dragoons marched under Major Forsyth to guard the lines west of Lake Champlain. It was the intention of the officers of these detachments to make prison-
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ers of every British subject found within the United States, and to apprehend and deliver to the civil authority, for trial and punishment every American citizen found in Canada.
On March 17th Colonel Clark advanced with his detachment into the enemy's country within six miles of Isle aux Noix, captured the enemy's ad- vanced guard, took sixty stand of arms, four oxen and six horses and returned to Missisquoi Bay and there raised the American standard and took up his quarters, and there he was joined by General Ma- comb with infantry and artillery from Plattsburgh. General Clark in this proposed invasion of the enemies' country designed to carry on the war on true war principles, and gave positive orders to his troops to respect private property under the pains and penalties of the rules and articles of war. Major Forsyth advanced and made his headquart- ers at or near Chazy. By the 29th of March Col. Clark had crossed the lake, with his troops that had been stationed at Missisquoi Bay, and formed a junction with the forces of Maj. General Wilkin- son on the western side of the lake and had ad- vanced within six miles of the enemy, who were posted and fortified at the river LaCole. Colonel Clark and Major Forsyth were in the advance ; on the afternoon of that day a battle was fought be- tween the Americans and the British in which the Americans failed to drive the enemy from their for- tified position. Lossing states the American loss in this battle at 13 killed, 128 wounded and 13 missing ; and the British loss at 11 killed, 2 officers and 44 men wounded and 4 missing. A reliable
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