USA > Vermont > History of eastern Vermont, from its earliest settlement to the close of the eighteeth century with a biographical chapter and appendixes > Part 34
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No sooner had he obtained his dismissal, than he was again arrested on a warrant from Benjamin Whipple, a justice by
330
HISTORY OF EASTERN VERMONT.
[1779.
appointment from Vermont, in which he was described as "a transient person, who pretends to officiate in this state in the character of a justice of the peace, not having authority derived from the freemen of this state as stipulated by the constitution." The writ was made returnable " as soon as conveniently may be, before the subscriber" at the house of William Roberts. On the examination held on the 19th, Reuben Squire testified that Oliver had introduced Grout to him as a justice of the peace, and had desired him, his wife, and his daughter, to testify before Grout "concerning a piece of Holland cloth." Charles Button also made affidavit, that he, at the request of Oliver, had been at the house of Lemuel White, in Shrewsbury, and had there taken an oath, and borne witness before Grout as a justice, in a case then pending between Oliver and one West. Abel Spencer and Lemuel White testified to the same effect. The charge in the warrant being supported, Grout was ordered to procure bonds in the sum of £1,000 lawful money for his appearance before the superior court at their session in June, or in default to be com- mitted "to close gaol." Bonds having been given, the prisoner was released. On his return home he wrote to Micah Townsend, of Brattleborough, and, in the account which he gave of the affair, referred to the forbearance of the Vermonters, by declaring that he had "neither been whipped nor insulted." Oliver, at whose suggestion he had undertaken his official journey, was brought before the same tribunal by which Grout had been adjudged guilty, and was mulcted in a fine of £5, and in costs £3, " for introducing an unconstitutional justice into the state of Vermont."
When the superior court assembled at Rutland, on the 10th of June, Grout was tried on the charges which had been sub- stantiated at the examination. His only defence was a denial of the jurisdiction of Vermont. The court, however, refused to hear the reasons which he wished to present in support of this denial, and adjudged him guilty of "treasonable practices" against the state. He was ordered to pay a fine of £120 law- ful money, to which were added the costs of the suit, making the whole sum more than £180. Not considering it advisable to submit to this exaction, as he deemed it, he notified a deter- mination to that effect to the clerk of the court, and was informed, that in case the money was not paid, execution would immediately issue, unless he should ask it as a favor of the court to stay pro- ceedings for a few months. "I was not," wrote Grout to
331
SEVERE SENTENCE FOR DEFAMATION.
1779.]
Governor Clinton, " in a temper of mind to ask any favours of them, and so returned home." The sheriff of Cumberland county was thereupon commanded to levy upon his goods and chattels, and after disposing of them in accordance with the laws of the state, to place a portion of the proceeds equal to the amount of the mulct in the hands of the state treasurer."
At the February session, an act had been passed for the punish- ment of defamation. By one of its provisions whoever should vilify any court of justice, or its sentence or proceedings, or traduce any of its magistrates, judges, or justices, on account of any act or sentence therein promulgated, was, on the conviction of the offence, made liable to punishment by fine, imprison- ment, disfranchisement, or banishment. On account of the license in language which then as now prevailed, an opportu- nity was soon presented for trying the efficacy of this act. Nathan Stone, a citizen of Windsor, but a Yorker in prin- ciple, having been charged with using "reproachful and scandalous" words on the 15th of March concerning the "au- thority" of the state, was arraigned before the superior court at Westminster. On examination, it was proved that in the presence of "many good and faithful subjects" of the state, he had said to the sheriff, John Benjamin, "God damn you and your governor, and council." He pleaded guilty to the charge, and judgment having been rendered against him on the 26th of May, he was fined £20 lawful money and costs, and was obliged to give bonds in the sum of £1,000, as a guaranty for his future conduct.+
* Slade's Vt. State Papers, pp. 244-251. MS. records of Vt. courts. George Clinton Papers in N. Y. State Lib., vol. vii. docs. 2095, 2198; vol. viii. doc. 2464. + MS. Court records. Slade's Vt. State Papers, p. 382. The session of the court at which Stone was indicted was the first ever held in Cumberland county. The first cause tried in the session was that of Pompey Brakkee of Chester, a negro, plaintiff, against Elijah Lovell of Rockingham, defendant. The exact nature of the complaint does not appear, but the court awarded to Brakkee, damages in the sum of £400 lawful money to be recovered of the defendant with costs.
CHAPTER XIII.
CONFLICT OF JURISDICTIONS.
Vermont Militia Law-Obedience to it refused in Putney-Sergeant McWain endeavors to enforce it-Resistance is offered-Friends of New York convene at Brattleborough-Letter from Col. Patterson to Gov. Clinton-Clinton to Samuel Minott-Clinton to John Jay-Thirty-six Yorkers arrested and lodged in the Jail at Westminster-Ethan Allen-His tyrannical character-Trial of the Yorkers-Allen incensed at the Proceedings of the Court-His Indignant Speech -The Plea of the Yorkers-They are declared Guilty and Fined-Letter from Ira Allen to Benjamin Bellows-Act to prevent the Exercise of Authority not derived from Vermont-Proclamation of Gov. Chittenden-Information of the Treatment of the Yorkers communicated to Gov Clinton and to Congress- Course of Congress-Letter from Gov. Clinton to Samuel Minott-Clinton to Washington-Clinton to Jay-The Committees of Six Towns in Cumberland County to Clinton-Micah Townsend to Clinton-Resolves of Congress-Further Attempts of Vermont Officers to enforce Obedience to the Laws of the State- Letter from the Committee of Congress to Samuel Minott-Gov. Chittenden to a Friend-Doings of the Committee-Convention of the Yorkers-Their Petition to Congress-Their Letter to Gov. Clinton-Action of the New York Legislature-Letter from Gov. Chittenden to President Jay-Proceedings in Congress relative to Vermont.
MEANTIME events which marked with greater clearness the differ- ences between the contending parties residing in Vermont were attracting general attention. In the act passed at the February session of the Legislature of that state, for forming and regulat- ing the militia, and for encouraging "military skill," power was given to each captain or commanding officer of a militia company, in obedience to an order to that effect from the governor, to draft men within the district over which his com- mand extended. Any soldier who should refuse to serve, was obliged to forfeit and pay the sum of £18, to be recovered "by bill, plaint, or information." In default of goods or estate, he was to be " disposed of in service" to some citizen of Vermont or of the United States, so to remain until the liability was dis-
333
THE VERMONT MILITIA LAW.
1779.]
charged, " any law, usage, or custom-to the contrary not- withstanding." Provision was also made for raising men by the following method. The captain or commanding officer having first taken the advice of his under officers, was author- ized to make a roll of those whose services he had a right to demand, and divide them into classes equal in number to the number of men required. Each class was ordered to furnish a man, and in case of refusal to comply with this regulation, the commanding officer was directed to hire one man for every class neglecting or refusing, and pledge the faith of the state for the payment of his wages. To defray the charge, the com- manding officer was further directed, after taking counsel with his subordinates, to collect the amount of the sum expended, from the members of each class for which a man had been hired, particular reference being had in equalizing the assess- ment to modifying circumstances, such as past services and the estates of persons. Any goods or chattels seized in order to satisfy the assessment were to be sold by public vendue, and any overplus, after discharging the liability, was to be returned to the owner or owners of the property sold. Such were the regulations under which the militia establishment of Vermont was to be maintained.
In conformity, as was reported, with advice received early in the spring from Brigadier-General James Clinton, the com- mander-in-chief of the northern department, orders were issued by the Vermont Board of War, during the month of April, directing a levy of men for the service, not only of the state but of the United States, in guarding the frontier settlements. As Governor Clinton was informed that a draft had been made by the authority of the " pretended state of Vermont," predi- cated on advice from a high quarter, he communicated the intelligence to his brother James on the 21st of April, and took occasion at the same time to remind him of the necessity of continuing to act with the utmost caution towards "those designing and turbulent people," the Vermonters, and " to avoid giving them even the least shadow of encouragement in the exercise of their undue authority." In his reply of the 28th, General Clinton remarked, that he had always been very care- ful in his conduct towards the supporters of the usurped authority, and suggested that the assertion made by them con- cerning himself, must have been founded on the advice he had given them on their frequent application for troops, the effect
334
HISTORY OF EASTERN VERMONT.
[1779.
of which was " that they should have a number of their militia ready to turn out on the shortest notice."
Among those engaged in drafting men under the militia law above referred to, was one William McWain, a sergeant in Capt. Daniel Jewet's company, which company formed a part of the first regiment of the state militia, commanded by Samuel Fletcher. The Vermonters readily consented to enlist or pay their proportion as directed by the state. Not so the Yorkers. To them obedience in military affairs to a state whose jurisdic- tion they did not acknowledge, was flagrant abandonment of principles. Many of them on this account refused to serve, or pay their proportion towards hiring men to go in their stead. Prominent in their opposition to these regulations were Capt. James Clay, Lieut. Benjamin Willson, and a certain Mr. Cum- mings, all of Putney. To no purpose did McWain represent to them the dangers they were incurring, by refusing to comply with the requisitions of the state. Their course they had already decided upon, and from it they were not to be turned. Prompt in the performance of his duty, McWain informed them of the amount of the fine to which they had subjected them- selves and demanded payment. Payment was refused. The sergeant then proceeded to levy upon their estates to satisfy the claim, and on the 21st of April, took into his possession two cows, one belonging to Clay and the other to Willson, and gave notice that a week hence they would be disposed of in Putney at public outcry. An opportunity was now offered to the Yorkers to resist. This they determined to do. Informa- tion of the time and place of the sale was accordingly conveyed to a few of the residents in the neighboring towns who were friendly to New York, and, on the morning of the 28th, near one hundred of those who had received notice assembled, un- armed, in Putney. They were principally members of Col. Eleazer Patterson's regiment, and were under his charge and that of his field officers. To oppose a force like this, the Ver- mont sergeant was not prepared. Still he was unwilling to stop or postpone the sale. Vainly did the Yorkers endeavor by calm argument to convince him of the impropriety of his conduct, and persuade him to give up the cows. Satisfied that force alone could avail, they took possession of the cattle with but little difficulty, restored them to the owners, and returned without further disturbance, to their homes.
On the 4th of May following, the committees of Hinsdale,
335
PETITION TO GOVERNOR CLINTON.
1779.]
Guilford, Brattleborough, Fulham, Putney, Westminster, Rock- ingham, Springfield, and Weathersfield, "chosen for the pur- pose of opposing the pretended state of Vermont," convened at Brattleborough, and prepared a petition, addressed to Go- vernor Clinton, and signed by Samuel Minott, chairman, in their behalf. In this paper, they set forth the disadvantages under which they had labored from being compelled to live without the benefits arising from a well regulated government, and described, in language indignant yet respectful, the annoy- ances to which the temporizing measures of Congress had sub- jected them. They referred to the hope they had entertained, that Congress would use " the first moment they could spare from more important concerns, to recommend to the revolted subjects of the state a return to their allegiance," and stated the reasons which had led them to indulge this hope. "We were encou- raged to expect it," said they, "not only as the revolt establish- ed a precedent which might be dangerous in other states, and as the continent could derive no assistance of consequence from the ' Grants,' either in men or money, while they remain under a disputed government, but because the states had confederated for their mutual and general welfare, and bound themselves to assist each other against all force offered to, or attacks made upon, any of them, on account of sovereignty or on any other pretence whatsoever."
As the result of this apathy on the part of Congress, they made mention of the losses which the United States had suffer- ed in the confiscation of the estates of Tories by the new state, the proceeds from which would, under a different management, have gone to supply the national treasury. They also enume- rated the indignities to which they had been forced to submit, and the measures which they had been obliged to adopt to suppress the machinations of their foes. Assuming, then, a right to protection from the government whose jurisdiction they acknowledged, which right, if it needed confirmation, had been confirmed by the solemn engagement of the Legislature of New York, to concur in such measures as might be necessary to protect their constituents-assuming this right, they de- manded a "speedy and effectual execution" of the promise which had been made them, and prayed for the adoption of measures which would convince Congress of the impropriety of further delay. "We shall otherwise," said they, "be com- pelled to obey a government which we view as a usurpation,
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HISTORY OF EASTERN VERMONT.
[1779.
and add our strength to oppose one which we conceive entitled to our dutiful obedience and support."*
On the 5th of May, Col. Patterson wrote to Gov. Clinton an account of the disturbances which had occurred in Putney. He also stated that in Fulham some of the subjects of New York, choosing rather to submit than to contend, had lately been deprived of their property by the direction of Vermont officials, and that in Guilford a tax had been levied upon those who it was supposed had done least in support of the war, which tax the collectors had not as yet been able to realize, on ac- count of the strength of the opposition. He further expressed his fears lest the attempts which had been made in Westmin- ster and Rockingham by the Vermonters to draft Yorkers, would end in broils, as the parties in those towns were nearly equal.} In anticipation of combined and strenuous efforts, on the part of the Vermonters, to seize the property and persons of such as refused to acknowledge their authority, he asked for advice, and suggested the necessity of issuing orders to the militia of Albany county to hold themselves in readiness to afford lim assistance. Although unable to present an exact return of his command, he estimated it at five hundred, officers and men included, who were " but poorly armed," and almost destitute of ammunition. Unless the Legislature of New York should give the desired aid, he announced his determination to resign his commission and retire from the public service. This letter and the petition, were entrusted to Micah Townsend, who delivered them to Governor Clinton at Kingston.#
On the 14th of May, Clinton wrote, in reply, to Samuel Minott of Brattleborough, expressing his belief that the decision of Congress would be favorable to New York, and that the de-
* Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 9.
t On the same day in which the letter epitomized in the text was written, Capt. Lemuel Sargents of Rockingham, while engaged in enforcing one of the laws of Vermont, was threatened and insulted by Isaac Reed, Enos Lovell, Ashur Evans, and other inhabitants of that town. Being arraigned at Westminster, on the 26th of May, they were charged in the information of the state's attorney, with a " flagrant violation" of the rules of society, of the laws of the land, and of an act of the state passed in the month of February preceding, entitled, "An act for preventing and punishing riots and rioters." Having been adjudged guilty, Reed was fined £30 6s. 6d .; Evans £25 6s. 6d .; and Lovell, £20 6s. 6d. To satisfy these mulcts, executions were issued, and the sheriff was directed to sell such a portion of the estates of the delinquents as would meet the demand. MSS. Information, Execution, &c. Slade's Vt. State Papers, 346-348.
# Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 10.
337
REPLY OF CLINTON TO MINOTT.
1779.]
.
lay which had characterized their proceedings had arisen from no other cause than the necessity of first attending to topics of greater importance. "As in my former letters, so in this," wrote he, "I forbear to point out the line of conduct I could wish the well-affected inhabitants in your quarter should ob- serve upon every particular occasion. I conceive it impossible, and therefore can only recommend, in general, firmness and prudence, and in no instance to acknowledge the authority of Vermont, unless where there is no alternative left between sub- mission and inevitable ruin. This appears to me the only pro- per advice I can give at present, till we are favored with the sentiments of Congress relative to the dispute, or until we are convinced the business is designedly procrastinated. In either case, as the Legislature have promised, so I have no doubt that they will afford you protection, and that effectual measures will be immediately taken for vindicating the rights of this state, and enforcing a due submission to legal government. If, how- ever, any outrage or violence, which you may suppose will pro- duce bloodshed, should be committed in the towns continuing in their allegiance to New York, either by Green Mountain Boys, or any parties who may come under a pretence of carry- ing into execution the laws of Vermont, you will immediately apprise me of it, and you may be assured of all the assistance in my power, and I trust it will be sufficient for your safety and defence. In the mean time I will myself endeavor to procure intelligence, and if I should discover that any attempt will be made by Vermont to reduce you by force of arms, I will in- stantly issue my orders to the militia, who are properly equip- ped, and who will be led against the enemies of the state who- ever they may happen to be." Other passages in this letter contained words of encouragement and promises of assistance, calculated to awaken hope and excite to action. "I could ardently wish," were Clinton's closing words, "that the inhabit- ants of Vermont would conduct themselves in such manner as to avoid the necessity of bringing matters to a crisis ruinous to . them, and very injurious to individuals among us."*
On the 18th of May, Clinton transmitted to John Jay, the pre- sident of Congress, the papers he had received through Townsend and others, with a request that Jay would lay them before Con- gress. In the letter which accompanied these papers, he stre-
* Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 11.
22
338
HISTORY OF EASTERN VERMONT.
[1779.
nuously advocated the immediate interposition of Congress as the only means which could possibly avail to ward off the dangers impending. "The Legislature," wrote he, " have from time to time given the most solemn assurances of protection to their well affected subjects, and relying upon these promises, the inhabitants of several towns have hitherto persevered in · their allegiance to this state. They will not, I imagine, remain much longer content with mere promises, and I daily expect that I shall be obliged to order out a force in their defence. The wisdom of Congress will readily suggest to them what will be the consequence of submitting the controversy, especially at this juncture, to the decision of the sword. It will not, how- ever, I trust, be imputed to this state that we have precipitately had recourse to coercive measures. We have anxiously ex- pected the sentiments of Congress upon this important business, and it was our earnest wish that in the mean time the inhabit- ants of the ' Grants' who deny the authority of this state would, by a proper conduct on their part, have prevented the necessity of force. But justice, the faith of government, and the peace and safety of society, will not permit us to continue longer passive spectators of the violence committed upon our fellow- citizens."*
While Clinton was striving to interest Congress in the topics which were attracting so much attention in New York, the Yorkers and Vermonters were as busily engaged in prosecuting their various schemes. As soon as it was known in Cumberland county that Col. Patterson and his men had set at naught the laws of Vermont, Col. Samuel Fletcher, commandant of one of the Vermont regiments in that county, went over to Arlington to consult with the state Council. Ethan Allen, ever since his return from captivity, had threatened to lead his Green Moun- tain Boys against the rebellious Yorkers, in the south-eastern corner of the state, and now that the Vermonters seemed deter- mined to enforce submission to their authority, fears were enter- tained that he would not only put his threat in execution, but, in pursuance of a general plan, endeavor to subdue all who opposed the jurisdiction of Vermont.
As the initiative step in the proceedings which were to follow, Sergeant McWain, on the 18th of May, entered a complaint against those who had been engaged in the rescue of the cows,
* Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 12.
339
CONDUCT OF ETHAN ALLEN.
1779.]
and damages were laid at £1,000 lawful money. Writs were issued, signed by Ira Allen, for the arrest of forty-four persons, among whom were the officers in Brattleborough, Putney, and Westminster who had received commissions from New York, charged with "enemical conduct" in opposing the authority of the state. Of this number thirty-six were taken and con- fined in the jail at Westminster. No return was made of the remaining eight .* Closely crowded together in one room, the prisoners were obliged to remain standing on their feet during the first night of their confinement. This, and the excessive heat of the weather, rendered their sufferings almost intolerable. In answer to their just demands, more comfortable quarters were, on the next day, provided for them, and their situation during the week in which they continued in prison, although by no means agreeable, was thus rendered endurable. That the sheriff might be protected in the execution of his office, Gov. Chittenden, as captain-general of the state militia, ordered Col. Ethan Allan to engage " one hundred able-bodied, effective men, as volunteers, in the county of Bennington, and march them into the county of Cumberland," there to remain during the sitting of the court. Orders for men were also issued to Col. Joseph Marsh and Col. Samuel Fletcher, and during the week of the trial a force varying from two hundred to three hundred and fifty were under arms at Westminster.
Armed with authority from the Governor, Ethan Allen at the head of a hundred Green Mountain Boys, boasted of his force which he represented as five times greater than it really was. In his intercourse with the Yorkers, he abused them in the most insulting terms. Not only with his tongue, but with his sword also, he assailed those who differed from him in opinion. Vermont, he swore, should be established as a state, let the cost be what it might; and if bombast and effrontery could have accomplished this end, there would have been no occasion for the efforts of any other person. Allen's rhodomontade would have effected that which was finally realized only by time and compromise. To such a pitch of rage were the Yorkers incensed by his conduct, that the reluctance to shedding human blood was alone sufficient to deter them from resisting his petty tyranny, and releasing the prisoners who were guarded by his men. At this crisis, a meet-
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