USA > Vermont > History of eastern Vermont, from its earliest settlement to the close of the eighteeth century with a biographical chapter and appendixes > Part 33
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* In a letter written to Governor Clinton by Pelatiah Fitch, chairman of the committee of Cumberland county, dated July 1st, 1778, occurs this paragraph, which marks the sentiments of the Vermont adherents towards Grout, and shows on what ground his nomination was not recommended by the committee of Cum- berland county. " The reason of Major Grout's not being recommended to your Excellency for the shrievalty is, that as the election was not likely to be held as soon as was expected when he was recommended by the town of Brattleborough,
320
HISTORY OF EASTERN VERMONT.
[1778.
By a vote of the convention of Committees which was held at Brattleborough in the previous month, Micah Townsend and Israel Smith had been directed to send one copy of the protest which was then drafted "to the press at Hartford in Connecti- cut," one "to the Assembly of the pretended state of Vermont," and another to Governor Clinton. In making the last transmis- sion on the 27th of May, they informed his Excellency that sub- mission to the new state had not been as cheerfully accorded as had been desired by its advocates; that in that section of the county no soldiers had been enlisted for the completion of Col. Warner's regiment, not even in those towns in which were to be found " the warmest advocates for a new state ;" that this conduct was explainable by the fact that the people did not deem it proper to obey their rulers, when obedience was inconvenient ; that the number of those who had taken the oath required by the constitution of Vermont previous to voting at election, was in Cumberland county small, and throughout the "Grants" inconsiderable when compared with the popula- tion. Referring to the opinions entertained of the continuance and stability of Vermont as a separate and independent govern- ment, they remarked: "It is with real concern we are able to acquaint your Excellency that it is too general a topic of con- versation among the enemies of New York state, that they will maintain their new state, even if Congress should be opposed to it, because they had as good a right to declare themselves inde- pendent of New York, as the Congress had of Great Britain. To what lengths this doctrine will lead them may easily be seen. It appears absolutely necessary to the friends of New York state in this part of the country, that Congress should, in an explicit manner, recommend to these people to yield their alle- giance to the state of New York, before they have time to reason themselves out of their senses. If it is not done soon, it will perhaps be omitted till none of them will pay any regard to the recommendations of Congress. Besides, as we are not likely to be troubled this summer with any considerable body of British troops, it seems to be the most favourable season for settling internal tranquillity, and enabling this extensive part of the country to act in the common cause with vigour and
and as he by his situation is much exposed to ill-treatment from the New State's . Men, he has chosen to decline serving in that office at present, seeing it cannot be of disservice to the state of New York."-George Clinton Papers, in N. Y. State Lib. vol. v. doc. 1555.
321 4
LETTER OF GOVERNOR CLINTON.
1778.]
unanimity, when the circumstances of this continent may re- quire it."*
To the gentlemen who had addressed him this communica- tion, Governor Clinton replied on the 3d of June, in a man- ner which proved his hearty acquiescence in their determi- nation to uphold the authority of New York. "It is with plea- sure," he wrote, "I find that a considerable number of the inhabitants on the 'Grants' are so attentive to the dictates of reason and justice, and possessed of so much spirit as publicly to oppose the ridiculous and destructive schemes of erecting those lands into an independent state. I was in hopes that in consequence of the generous and equitable terms held out in my late proclamation, the whole country, whatever injuries they might have received from the former, would be convinced that the present government was disposed to do them ample justice, and consequently that they would again have acknow- ledged its jurisdiction.
" What will be the event of this affair, it will be impossible for me to presage; yet as the Legislature appear to me equally determined 'to decide every case respecting the controverted lands according to justice and equity without adhering to the strict rules of law,' and to assert and maintain their authority over them at all events, I may venture to declare, that should these imprudent people still persist in their ill-judged and un- justifiable measures, that the consequences will be serious and melancholy, and to them particularly ruinous and destructive."
To increase the power of the jurisdiction of New York, and facilitate the administration of justice, he recommended the preparation of a list of the names of those capable of filling civil and military stations in the county. He urged them to use the "utmost candour and impartiality" in their selection, and to propose no persons except "in consequence of their merit and abilities." The list which they should send he promised to pre- sent to the Council of Appointment for their approval. While he assured them that he should bring before the Legislature at their next session, the papers which he had received relative to the immediate results of the controversy, he also informed them that the shortness of the session would scarcely allow the dis- cussion of that subject. When the new Legislature should convene in the fall, he expressed a hope that they would be
* George Clinton Papers in N. Y. State Lib., vol. v. docs. 1435,, 1436, 1437.
21
22
HISTORY OF EASTERN VERMONT.
[1778.
able to attend to the settlement of the affairs of the state, with- out prejudice to the cause of America, and adopt measures which should compel obedience to the laws of New York. "In the mean time," said he, " let me recommend it to you, and every other person attached to this state, to persist in your op- position, and upon every occasion to bear your testimony against those unwarrantable proceedings."*
Copies of this letter were forthwith sent to every town of note in Cumberland county, and in consequence of the recom- mendations which it contained, the committees of Brattle- borough and Guilford were authorized to prepare a list of nominations, civil and military, for the assistance of the Council of Appointment. In his letter to Governor Clinton enclosing the result of their deliberations, Pelatiah Fitch, the chairman of the committees, remarked upon the difficulties which had attended the selection of proper persons, owing not only to the existence of three parties in the county-" Yorkers," " Ver- monters," and "Neutrals"-but also to the fact that a number of the prominent friends of New York had been drafted, by Vermont authority, to serve in Col. Warner's regiment. He also informed the Governor, that the officers of Vermont were then engaged in many towns in settling the valuation of per- sonal estates for the purpose of levying a tax, and that they were in general strenuous in maintaining the government of Vermont. He signified his intention of obtaining a return of the inhabitants of the towns represented by the committees of which he was chairman, together with such information as he could gather touching their views respecting the new state ; returned " sincere thanks" for the proclamation of February 23d, "and for the salutary measures taken for restoring peace and internal tranquility ;" and expressed his fears, should an attempt be made to hold a court under the authority of the state of New York before an express resolution on the subject was obtained from Congress, that force would be used to pre- vent the session. "In this critical situation," wrote he, " when their persons and properties are exposed to the lawless invasion of a rude rabble, or the exasperated leaders of an imperfect, unsettled government, except violence should be opposed to violence, the friends of New York state cannot but most ar- denly wish that Congress would immediately interfere in the
* George Clinton Papers, in N. Y. State Lib., vol. v. doc. 1464.
-
323
CLINTON'S REPLY TO PELATIAH FITCH.
1778.]
most direct manner and settle this internal contest. The inte- rest of the state of New York also calls loudly for a speedy end's being put to the present dispute, as the authorities of Vermont have very lately confiscated and sold several valuable estates, and doubtless will continue the practice as long as their neces- sities require it, and they can find any, the least pretence for so doing. We therefore most earnestly entreat your Excellency to press Congress for a speedy determination of the matter, and in the mean time, to direct us in what manner to conduct our- selves."*
In reply to Mr. Fitch, Governor Clinton informed him, on the 7th of July, that the list of civil and military nominations had arrived subsequent to the adjournment of the Council of Appointment ; that as the members of that body resided in different parts of the state, he could not immediately convene them ; that he would do so, however, "with all possible dis- patch," and, as soon as the commissions should be issued (the names in which, he did not doubt, would accord with the re- commendations), would transmit them by express. Other topics to which reference had been made in Mr. Fitch's letter were disposed of in these words :
"We are still waiting with anxious expectation the result of our application to Congress to interpose in this affair, and can impute our not receiving an answer only to their being engaged in those very important matters which you may easily suppose at present to engross their attention. I have, notwithstanding, by a special conveyance, this day informed them that drafts were making under the authority of the pretended state of Vermont to complete Col. Warner's regiment ; that though we were willing that the main business of advising means for set- tling the controversy should be deferred till the more important and urgent business of the continent is so far completed as to admit of leisure, yet that for the present we must insist upon an immediate and positive disavowal of this extraordinary exercise of authority, and express orders to Col. Warner (their officer) not to receive any of the drafts into his regiment, or in any wise countenance the measure.
" I would still, as upon a former occasion, earnestly recom- mend a firm and prudent resistance to the drafting of men, raising taxes, and the exercise of every other act of government,
* George Clinton Papers, in N. Y. State Lib., vol. v. doc. 1555.
324
HISTORY OF EASTERN VERMONT.
[1778.
under the ideal Vermont state, and in such towns where our friends are sufficiently powerful for the purpose, I would ad- vise the entering into associations for the mutual defence of their persons and property against this usurpation.
" You will readily perceive that until we have received the an- swer of Congress, and the Legislature have declared their sense, it is impossible for one to advise except only in general terms. Your own prudence and discretion must determine the true line of conduct, which I trust will be consistent with the sacred obligations of allegiance and the characters of men who dare oppose lawless domination and power, whether attempted to be exercised by a single tyrant or a misguided multitude."*
On the same day he wrote to Gouverneur Morris, a member of the New York delegation in Congress, expressing his surprise that so little attention had been given the Vermont business- a subject in which one of the states was "so deeply interested, and in which the honor and perhaps the future peace of the whole were so intimately concerned." This letter was followed, on the 8th, by another addressed to Henry Laurens, the president of Congress, in which Clinton described, with an earnestness which bespoke the sincerity of his sentiments, the peculiarity of the situation of the "well-affected" inhabitants of Cumber- land county, and the persevering attempts which some of the " deluded inhabitants" were making to effect a separation from New York. Referring to the draft of every fourth man in the state, which had been ordered by the Vermont Legislature, for the purpose of completing Col. Warner's regiment, he prayed for the passage of a resolution in Congress which should con- demn the measure, and restrain Col. Warner, by " a positive order," from receiving any of the men who might be sent him. " This," said he, "appears to be necessary to prevent the im- mediate shedding of blood; and without it, I fear all those calamities and misfortunes which are the natural attendants of a civil war." Notwithstanding this appeal, Congress neglected to comply with the request of Governor Clinton. Meantime, the adherents of Vermont were busily engaged in strengthening their government and in increasing the number of their sup- porters, not only in their own state, but in the other states of the Union.+
* George Clinton Papers, in N. Y. State Lib., vol. v. docs. 1567, 1568. Wil- liams's Hist. Vt., 1st ed. p. 247 : 2d ed. ii. 186.
t George Clinton Papers, in N. Y. State Lib., vol. v. docs. 1570-1572.
325
SENTIMENTS OF THE INHABITANTS.
1778.]
In compliance with the promise made to Governor Clinton by Pelatiah Fitch as chairman of the committee, an attempt was made during the month of August, to ascertain whether the majority of the voters in the southern part of the county, would support the jurisdiction of Vermont or New York. From some of the towns interrogated, no answer was received, but from the reports obtained, and from an examination of other sources of information, it appeared that in the towns of Hins- dale, Guilford, Halifax, Brattleborough, Marlborough, Draper, Fulham, Newfane, Putney, Westminster, Springfield, and Weathersfield, there were at the time of the enumeration about four hundred and eighty voters who supported the jurisdiction of New York, three hundred and twenty who supported the jurisdiction of Vermont, and one hundred and eighty-five who were neutral in opinion. Although this statement was favora- ble to New York, yet it. must be remembered that of those who were friendly towards this state, many were prepared to declare their allegiance to Vermont if strenuous measures were not soon taken to protect them in the exercise of their rights, and further, that of those who were neutral in opinion, nearly all of them might be considered as the well-wishers, if not the advocates, of the new state .*
On the 12th of March, a petition had been presented to the Vermont Legislature by a number of towns in New Hampshire, praying that they might be allowed to become a part of the former state, and subject to its jurisdiction. The application having been entertained in the Assembly for several days, was finally submitted to the people. When the discussion of the subject was renewed, on the 11th of June, at the summer session of the Legislature, thirty-five of the representatives, expressing the views of the towns to which they belonged, declared in favor of the union, and twelve against it. Sixteen towns were accordingly added to the territory of Vermont. These were Cornish, Lebanon Dresden, t Lime,; Orford, Piermont, Haver- hill, Bath, Lyman, Apthorp,§ Enfield, Canaan, Cardigan, | Landaff, Gunthwaite, [ and Morristown .** Although no act was
* See Appendix J.
+ A name given to the district belonging to Dartmouth College, but used only for a short time.
# Now Lyme.
§ Now divided into the towns of Littleton and Dalton
I Now Orange. T Afterwards New Concord, now Lisbon.
** Now Franconia.
326
HISTORY OF EASTERN VERMONT.
[1778.
passed to that effect, they were regarded as a portion of Cum- berland county, and were so referred to whenever it became necessary to legislate concerning them. On the 17th of June, judges were appointed for Westminster and Newbury, the two shires of Cumberland county, and the jurisdiction of the judges was understood to extend over that part of New Hampshire to which the revolted towns had until now belonged. At the session in October, more energetic measures were taken to establish in Cumberland county the machinery of law, in order to enable the new state to compel obedience to its authority. Justices of the peace were appointed in eighteen towns, and two of the probate districts were supplied with judges. In the shire of Cumberland the superior court was ordered to hold a session at Westminster, on the second Thursday in March, 1779, and in the shire of Newbury, at the town of Newbury, on the second Thursday of September, 1779. The first session of the court, however, was held at Bennington on the 10th of December, 1778. On that occasion, persons who had been charged with committing crimes in Cumberland connty, were conveyed across the mountains for trial. Among the complaints presented by John Burnum, Jr., the state's attorney, was one against Titus Simonds of Hertford, charging him with "inimi- cal conduct" towards Vermont, and the United States, in that he, on the 4th of September, 1777, " did go over to the enemy, and aid, and assist them against the said states." The friends of New York, when they saw that the laws of Vermont were prevailing, determined to assert whatever power they had, and counteract the current which was setting in against them. Though they could not establish and maintain a superior court, yet justices of the peace, and other officers both civil and military were created in different parts of the county, and many towns were thus provided with two sets of officials, one of New York, and the other of Vermont appointment, both striving to further the ends of justice, and each endeavoring to frustrate the attempts of the other .*
Ever since the sixteen New Hampshire towns had been ad- mitted into union with Vermont, great dissatisfaction had pre- vailed on both sides of the Connecticut among those who were opposed to this act. In vain were all the efforts of the Legis-
* Slade's Vt. State Papers, pp. 89, 90, 271, 274, 284. MS. Council Records of Vt. MS. Complaint of John Burnum, Jr.
327
1778, 1779.] ENACTMENT OF LAWS BY THE LEGISLATURE.
lature of Vermont to restore peace. The experiment of annex- ation, hazardous in the beginning, began now to assume an as- pect threatening the very foundation of the new state. In this crisis, the General Assembly, on the 23d of October, 1778, re- solved to lay the subject before their constituents and request them to instruct their representatives how to proceed in relation to this unfortunate connection at the next session of the Legis- lature. The impolicy, as well as the injustice "of aiding in the dismemberment of New Hampshire," was too apparent to the friends and supporters of Vermont, to admit of a doubt of the course proper to be pursued. On the 12th of February, 1779, the instructions of the representatives on this point were can- vassed, at the winter session of the Legislature, and in confor- mity with these instructions, the union was declared "totally void, null, and extinct." On the 17th of March, soon after the announcement of this result, a petition was presented to the Legislature of New Hampshire, praying that the whole of the " Grants" might be " connected and confederated" with that state. The majority of the committee to whom this petition was referred, reported favorably, but when the question upon the adoption of the report was taken, on the 2d of April, the further consideration of the subject was laid upon the table. At the following session the report was taken from the table, and having been received and accepted by the House on the 24th of June, was readily concurred in by the Council. So complete was the change, that Vermont, instead of occupying the position of an encroaching state, found herself the subject of a demand which, should it be successful, would put an end to her separate existence, unless Congress should interfere, and agree to receive her as the fourteenth state in the confederacy .*
The February session of the Vermont Legislature continued sixteen days, during which time nearly one hundred acts were passed for regulating such matters as required immediate at- tention. Various laws ostensibly introduced for the benefit of the whole state, but more particularly intended to affect the county of Cumberland, were enacted, while others were passed with a direct reference to the affairs of this county. In order to increase the revenue of the state, the estates of those inhabit- ants of Cumberland county who had joined the enemies of Ver- mont and of the United States were, on the 16th of February,
* Slade's Vt. State Papers, pp. 101-105.
328
HISTORY OF EASTERN VERMONT.
[1779.
declared confiscated and subject to be employed for such pur- poses as might be prescribed. Major Thomas Chandler was, on the 30th of April, appointed commissioner for the sale of con- fiscated estates in Rockingham, Chester, and Westminster. Capt. Ebenezer Curtis was chosen to the same office on the 16th of July, with jurisdiction in the towns of Windsor, Hertford, Woodstock, and Reading. On the 10th of June, 1780, Timothy Bartholomew was vested with similar powers in the towns of Norwich, Sharon, Thetford, Stratford, Fairlee, and Mooretown. Meantime the court of confiscation was established on a differ- ent basis, and the powers which had formerly belonged to it were, on the 2d of June, 1779, vested in the Governor and any four of his Council. Satisfactory evidence having been produced against a number of persons who had joined the enemy, several valuable estates in Cumberland county became, in consequence, the property of Vermont. These estates had previously been owned by Capt. Timothy Lovell of Rockingham, Andrew Nor- ton of Windsor, William Paterson and Crean Brush of West- minster, Samuel Gale of Brattleborough, Zadock Wright of Hert- ford, Titus Simonds and Charles Ward Apthorpe. In accord- ance with the instructions under which the commissioners acted, deeds of the property sold were given "in the name and behalf of the representatives of the freemen" of Vermont, and great care was taken that those who purchased should be firmly secured in their possession .*
For several months no open disturbances between the partisans of Vermont and New York had occurred, and so little had the opposing parties interfered in the affairs of one another, that hopes were entertained that it would be possible, without hindrance, to hold an election for the purpose of choosing a representative to sit in the Legislature of New York. But this temporary calm was not the prelude of settled weather. No sooner were courts of justice established in Vermont, than pro- secutions were commenced against the subjects of New York, whenever an occasion was presented, and what had been before dislike and opposition became now animosity and hatred. By the fourth article of the Declaration of Rights of Vermont, " the sole, exclusive, and inherent right of governing and regulat- ing the internal police" of the state was vested in those of the
* Slade's Vt. State Papers, pp. 287-388. MS. Records Gen. Ass. Vt., 1779. In- structions to Commissioners of Confiscation.
329
CONDUCT OF VERMONT OFFICERS.
1779.]
inhabitants who acknowledged its jurisdiction. By the nine- teenth section of the Constitution, it was necessary that all com- missions should be in the name of the freemen of the state, sealed with the state seal, signed by the governor, and attested by the secretary. Owing to a failure on the part of those who acknowledged the jurisdiction of New York to recognise these facts, trouble not unfrequently arose. The course pursued by the officers of Vermont in enforcing their laws, is shown in the following incident.
Hilkiah Grout, a citizen of Weathersfield, not only acknow- ledged the jurisdiction of New York, but had received the commission of a justice of the peace from that state. Being requested as an officer of New York, by William Oliver, a gentleman from New Hamphire, to take the depositions of a number of persons who resided on the banks of Otter creek, whose testimony was to be used in the superior court at Exeter, before which court affidavits witnessed by Vermont officers were not deemed valid, he set out from home with Oliver on the 16th of February, and on reaching the town of Shrewsbury prepared to remain there until Oliver should find the persons whose evidence was desired. On the 17th, towards evening, Oliver returned with the witnesses, and their state- ments were sworn to and subscribed in due form. About two o'clock on the morning of the 18th, the house in which Grout lodged was surrounded by seven men, "armed with guns, swords, bayonets," and other weapons. Having obtained ad- mission to the building, they seized the justice and conveyed him to Rutland, showing him no abuse except by their "surly look." A court of inquiry, composed of a number of the officers in Col. Seth Warner's regiment, was soon after organized at Fort Ranger, " to examine and hear the evidence for and against such prisoners" as should be brought before them. By order of Capt. Gideon Brownson, commissioner, the court proceeded to try Hilkiah Grout, charged by two of the citizens with being engaged with certain others his associates, in "planning some- thing very enemical to the United States of America." The prisoner pleaded not guilty, and the court, after hearing the evidence, decided that the charge was not supported. This judgment was approved of by Capt. Thomas Lee, the presiding officer, and Grout was set at liberty.
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