USA > Vermont > History of eastern Vermont, from its earliest settlement to the close of the eighteeth century with a biographical chapter and appendixes > Part 32
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Slade's Vt. State Papers, pp. 80, 81.
310
HISTORY OF EASTERN VERMONT.
[1778.
but subsequent events showed that the government of New York, although skilled in the use of firm language, was not prepared to support its words by its acts .*
To the New York adherents resident in Vermont, this pro- clamation was most welcome. On its reception at Halifax on the 10th of March, forty-six of the principal inhabitants of that town joined in an address of thanks to Governor Clinton, and to the Senate and Assembly, " for the salutary measures taken for settling the peace and unity" of the northern counties. "Not- withstanding the uncasiness of many disaffected persons," said they, "we do freely comply with the terms of said proclama- tion, and rejoice to find such pacific sentiments therein con- tained ; not in the least doubting but on suitable application, we may have redress of all grievances." In the few towns in the county where the sympathies of the inhabitants were consonant with the sympathies of the people of Halifax, the proclamation was regarded with similar feelings. It was for this reason that Governor Clinton was informed that his address had been "productive of some good," in spite of " the many unmanly artifices made use of by the New State's men to prevent it." In order to exert a favorable influence upon the gubernatorial election which was soon to be held in the state of New York, and also in such towns upon the "Grants" in which there was a prospect of obtaining New York votes, care had been taken to distribute this proclamation as widely as possible before that event. The effect on the election was far otherwise than had been anticipated. In some towns a very small vote was polled, and in others there was no voting. The proclamation was generally regarded as an unfortunate production, whose pro- visions would by no means suit the temper of the mass of the people. In some towns it was publicly burned. t
The dispute between New York and Vermont having now assumed a definite shape, the people of Brattleborough at once evinced a decided preference towards the jurisdiction of the former state. At the annual meeting of the town, held on the 3d of March, they resolved unanimously to send a protest to the Assembly of the "pretended state," denouncing the con- duct of that body in disavowing allegiance to New York, as an act tending to " disunite the friends of America in the present
* Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 7. Slade's Vt. State Papers, pp. 82-84. Doc. Hist. N. Y., iv. 951-955.
t George Clinton Papers in N. Y. State Lib., vol. iv. docs. 1161, 1181.
311
A PROTEST.
1778.]
important contest with Great Britain." Desiring to add weight to this intended protest, they appointed Benjamin Butterfield, Samuel Knight, Israel Smith, James Blakslee, and Micah Townsend, a committee to confer with the different town com- mittees in the county, and ascertain who among them were inclined to bear testimony against the " unjustifiable proceed- ings" of Vermont. Letters were accordingly sent by the cen- tral committee, on the 4th of March, both to those who were known, and to those who were supposed to entertain friendly feelings towards New York. "We call upon you in the most earnest manner," said the committee in their circulars, "as you value the blessings of good order and just government, to unite with us in concerting and executing such measures as will be most efficacious for procuring those blessings, and frustrating the designs of those who are opposed to them." A request was at the same time made, that the towns would send com- mittees to confer with the central committee, and a meeting, to be held on the 18th, was called at the house of Capt. Sergeants in Brattleborough.
Delegates from several towns assembled at the appointed time, but of their proceedings no record has been preserved. It is known, however, that the initiatory steps in the proposed movement were then taken, and that proper persons were chosen to draft such papers as were required. At an adjourned meeting held at the same place, on the 15th of April, represent- atives from Guilford, Brattleborough, Putney, Newfane, Hins- dale, and Rockingham, were in attendance. The proposed pro- test which had been previously prepared, in accordance with the sentiments of the committees of the above towns, and of Westminster and Weathersfield also, was on this occasion pre- sented for adoption. It was in the form of an address, and was directed "To the gentlemen convened at Windsor, under the style of the General Assembly of the state of Vermont." In it the objections to the formation of a new state were strongly put, and old arguments in a regenerated form, and new ones also, were urged in opposition to the plans of the patrons and citizens of Vermont. In view of the principles adduced, the protesters announced their determination in these words :-
"We conceive that endeavoring at present to establish a separate state here, is not only a violation of the Continental Union, but is imprudent, and to the last degree impolitic and dangerous, tending in the present important crisis to weaken
312
HISTORY OF EASTERN VERMONT.
[1778.
the authority of the Continental Congress, disunite the friends of America, and stimulate a spirit of separation and sedition which may end in the ruin of the United States ; and we esteem it not only our duty, but the duty of all who are friends to the liberty of America, to bear open testimony against it. Therefore, on behalf of ourselves and those who delegated us for that pur- pose, we publicly declare that as we have not in any way assisted in, or consented to, the forming of a separate and independent government, we shall not consider ourselves bound by any acts of the Legislature thereof, but shall, as in duty bound, continue to yield our allegiance to the state of New York, until other- wise directed by the Honorable the Continental Congress. And we do hereby solemnly protest against the right of any persons to govern us and the other inhabitants of the New Hampshire Grants, except that of the Continental Congress and the Legis- lature of New York, and against all measures which shall be used to enforce the pretended rights of any other person or body of men, and against all the bad consequences which may arise from attempting at present to establish an independent government in the 'Grants' before mentioned."
Before separating, a letter was prepared and presented to the convention, expressive of the ideas of those who had joined in the protest. As an epitome of their sentiments, and of the course which they wished to pursue, this document is now of especial value. At the time it was written, its composers were careful to make use of such language as would dignify the measures which they wished to publish and pursue.
" As we are warmly interested in favour of American liberty," said they, in the paper referred to, " we cannot view with un- concern, or remain silent spectators of, the present disorderly attempt to separate the New Hampshire Grants from the thir- teen United States-a measure directly tending, in our opinion, to weaken the opposition made by the continent to its European oppressors, and introduce the utmost confusion, at a time when good order and unanimity are essentially necessary.
"The final adjudication of the King of Great Britain in privy Council (the only proper court which could then determine matters of this nature), that this territory was within the juris- diction of New York; our peaceable acquiescence in that judgment; and representation in Continental Congress and the Convention of New York, both before and since the Declaration of Independence, are undoubted proofs that our allegiance is
313
LETTER TO THE CONVENTION.
1778.]
justly due to the state of New York, until Congress shall other- wise determine. The resolutions of Congress of the 30th June last, and the articles of confederation, are convincing to us that that honourable body disapproves of a measure so extraordinary. The present government of New York engaging to remove such grievances as we really laboured under, from the iniquity and bad policy of our former governors, we hope will quiet the complaints arising from those grievances. The confusion that erecting a new state, without the consent of Congress, has al- ready, and will more abundantly, introduce; the present in- ability of the people to support a separate government, however frugally the public moneys are managed; and the great, very great scarcity of men properly qualified to make and put in execution a wise system of laws, plainly demonstrate to us the wretched policy of so extraordinary an attempt at this time.
"We have therefore agreed upon, and shall forward to the Assembly of the pretended state of Vermont, a protest against erecting the 'Grants' into an independent government in the present time, and also one copy thereof to his Excellency Governor Clinton, and another to the press for publication, that the world may know our disapprobation of the present irregu- lar proceedings.
" We think it the duty of every friend to the independence of America, more especially in the 'Grants,' to use their most strenuous efforts to suppress or check this offspring of anarchy in its infancy. And as preserving unanimity amongst the number who choose not to assist in dividing the continent, in this momentous crisis, may have a tendency to answer that end, and is essentially necessary as well for the public good as for the security of their persons and property, we beg leave to re- commend to you, to elect a committee, in such time that they may meet at Capt. Sergent's in Brattleborough, on the 30th day of June next, at eleven o'clock in the forenoon, to exist for six months ; to authorize them to consent to such measures as they shall think most likely to restore to this divided county internal tranquillity, and submission to the just and necessary authority of those who, by order of Congress, are regularly ap- pointed to rule over us; from time to time to transmit to the government of New York, accounts of all such matters as may be material for them to be acquainted with; and to take such steps as they think best for relieving those who may suffer in
314
HISTORY OF EASTERN VERMONT.
[1778.
their persons or properties by any authority pretended to be derived from the state of Vermont."*
By a special resolution, copies of this letter were signed by Thomas Cutler, the chairman of the convention, and were sent to those towns in the county whose representatives had already signed, or had expressed a willingness to sign, the protest which had that day been adopted. Copies were also sent to those towns in which there were a respectable minority who were opposed to the new state, and all who favored the protest were invited to send delegates to the convention to be held on the 30th of June following. Whether this convention ever met, or, if they did meet, whether their previous efforts resulted in such an organization as they desired, does not appear. Succeeding events show, however, that the principle of opposition to the new state was of sufficient weight to carry out in action, to a cer- tain extent, what had been proposed in council. The adherents of New York did not fail to support their views, even when the sword and the bayonet were employed to compel them to yield obedience to the laws which had been enacted by Vermont. t
The representatives who had been elected by the General Assembly of Vermont met at Windsor on the 12th of March, and formed themselves into a House. Their names were not entered on the journals of that session, but it is certain that of the fifty or more who were present, twenty-three were represent- atives from nineteen towns in Cumberland county. Agreeable to the constitution of the state, a committee were chosen to count the votes of the people, and as the result Col. Thomas Chittenden was declared Governor. At the same time Joseph Marsh was elected Deputy Governor, and Col. Ira Allen State Treasurer. Twelve Councillors were also chosen, and were formed into a body known as the Council. The relation which
* When, on the 27th of May following, a copy of the protest was forwarded to Governor Clinton by Micah Townsend and Israel Smith, a copy of this circular letter was also sent, accompanied by the following notice: "We also enclose a copy of a circular letter sent by the convention to several towns in this county, recommending the choice of committees ; the principal design of which we appre- hend is to preserve union amongst the friends of New York state, and enable them to act with unanimity as occasions offer, for increasing the number of the friends of New York government, and with expedition to carry into execu- tion such directions as they may receive from your Excellency."-George Clinton Papers, in N. Y. State Lib., vol. v. doc. 1437.
+ Protest of towns in Cumberland county. MS. Letter from Brattleborough convention. MS. Letter from select committee. Pingry MSS. George Clinton Papers, in N. Y. State Lib., vol. iv. doc. 1282.
315
APPOINTMENT OF STATE OFFICERS.
1778.]
the Council bore to the General Assembly was the same as that which the upper house bears to the lower house in deliberative bodies as they are now constituted in the United States. The less important offices were filled as the performance of minor duties became necessary. During the session many general laws were passed for the regulation of the affairs of the state. All the land lying between the Green mountains and Connecticut river, including the whole of Cumberland and Gloucester counties, was, on the 17th of March, erected into a county, and was called Unity. Unity county was divided, for the sake of facili- tating militia arrangements, into three regimental districts, and, for the sake of facilitating judicial and legal proceedings, into four probate districts. The vote by which the name Unity had been given to the consolidated counties was reconsidered on the 21st, and the name Cumberland was substituted. The enlarged county of Cumberland was, on the 24th, divided into two shires, the old division lines of the former counties being adopted as the bounds of separation. The upper shire was called Newbury, and the lower Westminster. At the close of the session a committee were chosen to transcribe such of the proceedings as were deemed of interest to the inhabitants, and furnish each town in the state with a copy. In order to increase the revenue of the state, and to punish those who were opposed to the new jurisdiction, a court of confiscation was, on the 26th, established by the Council. Col. Joseph Marsh, Gen. Jacob Bayley, Maj. Thomas Murdock, Col. Peter Olcott, Benjamin Emmons, Esq., Dr. Paul Spooner, and Col. Benjamin Carpenter, were the members of this court, and to them power was given to confiscate and sell all " lands and estates" within Cumberland county which, upon sufficient evidence, should be adjudged for- feited. The Council during the same session appointed John Hatch, Joshua Bayley, Ezra Sargent, and Darius Sessions, sur- veyors, and John Benjamin sheriff of the same county.
During the spring troops were raised in Cumberland county for the use of the new state. Orders for making levies were issued by Governor Chittenden, and were obeyed by the officers acting in the Vermont service. But there were many on the "Grants" who, although friends to American liberty, were unwilling to advance that liberty by fighting with, or giving aid to the state of Vermont. The most ardent of these were enabled to act in accordance with their principles by taking commissions from New York, while others, equally as patriotic
316
HISTORY OF EASTERN VERMONT.
[1778.
but less impetuous, were content to contribute of their substance to the support of the militia of that state. It was in this man- ner that the enmity of the New York adherents became systema- tized. Their opposition was a source of continual alarm to the originators of the new state. Ethan Allen stigmatized them as "New York malcontents," and when referring to them, declared as he would of vermin, that they "infested" the country, and made earnest inquiry as to the method of treatment which should be adopted towards them .*
Nor did their opposition confine itself to words. They not only denied the jurisdiction of the Vermont courts, but resisted the precepts, and refused to submit to the decisions, which emanated therefrom. In the town of Halifax, Hubbell Wells, a justice of the peace by commission from Vermont, issued a warrant directing William Hill, a constable, to arrest John Kirkley and his wife, Hannah, charged with the perpetration of an assault and battery in the highway, on the person of David Williams. In obedience to this order Hill arrested the accused, returned the warrant, and, the parties in the case having been summoned, the court was opened. Hardly had the trial commenced, when Thomas Clark, Thomas Baker, Isaac Orr, Henry Henderson, Alexander Stuart, Jonathan Safford, Elijah Edwards, Pelatiah Fitch, and about sixteen others, inhabitants of Halifax, and subjects of New York, rushed into the court-room, armed with bludgeons, and attempted to rescue the prisoners. Failing in this, they brandished their weapons over the head of the justice, called him a scoundrel, bade defiance to the authority of Vermont, and finally succeeded in breaking up the court. Acts of resistance like this were the arguments that proved to the rulers of Vermont the necessity of adopting the most strenuous measures to support the power and dignity of the state.t
Notwithstanding their enmity to the government of the new state, the supporters of the jurisdiction of New York who re- sided in Cumberland county, were pure-minded, patriotic Ame- ricans. Their unwillingness to unite with the people of Vermont against the British, did not prevent them from opposing their country's foes in every practicable manner. In detecting the machinations of the Tories, none displayed greater activity than
* Slade's Vt. State Papers, pp. 247, 260, 264, 266, 267. MS. Council Records of Vt. Various MSS.
+ MS. complaint of William Hill.
317
PATRIOTISM OF THE YORKERS.
1778.]
they. The vigilance which they manifested in the following instance, may serve as a slight illustration of their zeal. "On the 3d of May, the granary of Lieut. Samuel Stratton, of Hins- dale now Vernon, was broken open during the night, and the powder and lead belonging to the town, and which had been stored there, was stolen. This event gave " great uneasiness" to the inhabitants of Hinsdale and the neighboring towns. Mea- sures were immediately taken, by placing guards in different parts of the village, to obtain information concerning the theft. As a scouting party were passing near the granary on the even- ing of the 5th, they discovered a man asleep at the foot of a haystack, and secured him. On examination, he proved to be one Jonathan Wright, "a person inimical to the American cause." Elijah Elmer, an accomplice of Wright, was at the same time taken prisoner, but managed to escape from the hands of his captors. The fact of the arrest having been made known, Col. Eleazer Patterson, Capt. Joseph Stebbins, Capt. Orlando Bridgeman, Moses Howe, and Gad Wait, from the safety committee of Hinsdale, and Capt. Hezekiah Stowell, Jo- seph Elliott, and Henry Sherburne, from the safety committee of Guilford, all of them supporters of the jurisdiction of New York, assembled at Hinsdale on the 7th. Patterson having been chosen chairman and Sherburne clerk, the associated commit- tees commenced an investigation of the circumstances connected with the robbery. On the examination which followed, Wright refused to answer the interrogatories of the committee. Ruth Stratton, at first, intimated her suspicions that the prisoner had been lurking about her father's house from the fact of the disap- pearance of some articles of furniture, but finally declared that he had not been there since the preceding winter. Lieut. Strat- ton, in whose charge the powder and lead had been deposited, testified to the fact of the robbery, but could give no further information. Several witnesses were then examined with a view to implicate the Lieutenant, but nothing satisfactory was elicited.
When the committee came together on the morning of the 8th, Wright asked permission to give evidence in behalf of the state. This privilege was granted him on condition that he should prove in a satisfactory manner the statements he should make. He then informed the committee, that in company with Elijah Elmer, he had broken open the granary, taken thence the powder and lead, carried them across Connecticut river and concealed them among the bushes. He also informed the com-
318
HISTORY OF EASTERN VERMONT.
[1778.
mittee that John Stratton, a son of the Lieutenant, was privy to the robbery, and had deposited the powder and lead in the granary in such a manner as to render them easy of access and removal. John Stratton, who had already been before the committee, and had then denied all knowledge of the affair, being re-called, pleaded ignorance as to the nature of an oath, acknowledged the truth of the statements of Wright, begged " mercy of God," and implored the forbearance of the committee. As Wright had escaped the liability of punishment by his confession, Stratton was alone obnoxious to the awards of justice. In view of his participation in the robbery as an accessory before the fact, the committee resolved that he should pay all the charges which had been incurred by reason of the theft ; restore fourfold to the town of Hinsdale ; pay a fine of £100 to the state of New York; be disarmed, and confined to the limits of his father's farm for the space of a year, provided his father should give a bond of £1000 to be forfeited in case he should go beyond the prescrib- ed bounds. Permission, however, was granted him to attend public worship on Sunday, to be present at funerals, and to be absent from the farm whenever, on "extraordinary occasions," he should procure a pass from the committee of the town.
An account of these proceedings was sent to Governor Clin- ton, and at the same time inquiries were made as to the manner in which similar offences should be punished in future. One paragraph, however, in the letter of the committee, showed that their conduct had not met with the approbation of the whole community. "As we are under difficulty in these upper coun- ties," wrote they, "concerning the jurisdiction of government, and are under the censure of a set of factious and officious peo- ple, who are trying to carry the committee to Albany to be tried by the Supreme Court, and the above-mentiond Stratton to be tried by a Court Martial, which would prove fatal for him and very troublesome for the committee, if your Excellency should think what the committee has done to be sufficient, and according to true policy, then we pray for your concurrence." Whatever may have been the reply of Governor Clinton, no one can deny that the course pursued by the committee, though dic- tated by humanity, was yet subservient to the ends of justice .*
While the favorers of the jurisdiction of New York, residing in Cumberland county, were thus strenuous in punishing the
* George Clinton Papers, in N. Y. State Lib., vol. ii. docs. 490, 494.
319
SIMON STEVENS.
1778.]
enemies of the United States, they were no less active in their endeavors to resist every infringement of their rights, whether attempted by open foes or false friends. Simon Stevens of Springfield, who had formerly held office under New York, had of late been appointed a Lieutenant-Colonel in the Vermont militia. Before he received his commission, or decided to ac- cept it when it should come, he wrote letters to several captains desiring them to raise their quota of men for the American ser- vice, and on being questioned as to the state from which he derived power, replied that he " did not think it best to be too critical in examining by what authority" soldiers were raised. He also declined signing the protest "against the pretended state of Vermont," which had been adopted by the inhabitants of several towns, but gave as a reason, a promise he had made not to act in favor of New York until the return of the agents whom "the Council of the new state were about sending to Congress." As to the shrievalty of Cumberland county, an office to which the government of New York were inclined to appoint him, he stated that he had concluded to write to the Assembly of that state, and provided they would engage to in- demnify him against any damage he might suffer, to accept it, but on no other terms. At the request of a number of the in- habitants of Brattleborough, these facts, which were known to Micah Townsend, of that place, were certified by him and sent to Governor Clinton, on the 27th of May. Accompanying this statement was another addressed to the Governor and Council of Appointment, and signed in pursuance of a unanimous order of the people of Brattleborough in town meeting assembled, by Samuel Warriner, the moderator. In this the declarations of Townsend were upheld, and the appointment of Stevens as sheriff was represented as an act which, if consummated, would deprive the people of their privilege of electing representatives to the Assembly for the ensuing year. Major Hilkiah Grout was recommended as a proper person for this office, and acqui- escence in the recommendation was expressed by the committee of Hinsdale .*
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