USA > Vermont > History of eastern Vermont, from its earliest settlement to the close of the eighteeth century with a biographical chapter and appendixes > Part 36
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On the 22d of May, before several of the events above referred to were known in Philadelphia, resolutions had been proposed in Congress by the New York delegation, the object of which was to obtain from Congress an acknowledgment of the right of each of the thirteen states to retain in its possession all the lands it had held while a colony of and subject to Great Britain, and to declare in what manner disputes regarding territorial juris- diction should be settled. On the 29th, the day on which these resolutions were to have been taken up in committee of the whole, information anticipatory of trouble in Cumberland county was received, which led Congress to postpone their consideration. The committee met, however, on the 1st of June, and were engaged in a discussion of the resolutions, when letters
* Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 14.
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HISTORY OF EASTERN VERMONT.
[1779.
arrived from Clinton containing an account of the trouble which had been foreshadowed. Although these letters were not laid before Congress, yet the legislation which followed was probably based in part upon them. A resolution was passed, authorizing the appointment of a committee who should be instructed to repair to the "Grants," and learn the reasons why the inhabitants refused to continue citizens of the respective states which had previously exercised jurisdiction over that district ; and further, to take every prudent measure to promote an amicable settlement of all differences, and to prevent the recurrence of animosities and divisions which had already been so prejudicial to the interests of the United States. Informa- tion of this proceeding was conveyed to Governor Clinton in letters dated the 1st of June, from John Jay, the president of Congress, and from the New York delegation. In the com- munication of the latter, moderation was especially recom- mended. "In our opinion," said they, "it will be wise to abstain from hostilities for the present, and rather suffer a little than shed blood." They also expressed a hope that every cause of jealousy would be removed, and that "mutual confidence, harmony, and good understanding," would arise between New York " and her sister states to the eastward."*
On the 2d of June, Oliver Ellsworth and Jesse Root of Con- necticut, Timothy Edwards of Massachusetts, Dr. John Wither- spoon of New Jersey, and Col. Samuel J. Atlee of Pennsylvania, were deputed to visit the "Grants" in accordance with the resolve of Congress. Notice of their appointment was imme- diately communicated to them, accompanied with an urgent request from the president of the Congress, that they would enter immediately on the business which had been intrusted to them.
While affairs were in this condition, Governor Clinton wrote from his camp in the Highlands, on the 7th of June, to those who were especially interested in the amicable settlement of the disputes which had been the cause of so much ill feeling and violence. He informed Samuel Minott, the chairman of the committee of Cumberland county, that the advance of the British up the Hudson had delayed the meeting of the Legisla- ture, and had compelled him to take the field. At the same time he assured Minott that he should convene the members as soon
* Papers relating to Vt. Controversy, in office Sec. State N. Y., pp. 15, 16.
351
GOVERNOR CLINTON.
1779.]
as the safety of the country would admit of his return, and should endeavor to induce them to concert such measures as would insure the peace and safety of the inhabitants of Cumber- land county. "In the mean time," said he, "I must earnestly recommend to you to continue firm in the cause in which you are engaged, and to conduct yourselves with prudence towards the revolters, and you may rest assured that I shall make every exertion for your protection of which the executive authority of government is capable."*
To General Washington he communicated his regret that the late resolutions of Congress were insufficient to remedy the difficulties which they were designed to meet, and announced his intention of quitting the field in order to convene the Legisla- ture, and make the necessary arrangements for vindicating the authority of the state. "I had flattered myself," wrote he, " that in consequence of my representation that Ethan Allen having the rank of a colonel under Congress, had with his associates seized and imprisoned the principal civil and military officers of this state in the county of Cumberland, the justice and wisdom of Congress would have adopted such measures as might have prevented this state from the cruel necessity they will too probably be reduced to in a short time, of opposing force to force. Your Excellency, who knows my inclinations and conduct, the zeal and exertions of this state in the common cause, and their long and patient forbearance under the usur- pation of their revolted citizens, will judge with what anxiety we look forward to the cruel dilemma to which by the great principle of self-preservation we may shortly be reduced; and this anxiety is rendered doubly painful by the reflection, that the general interest of America must necessarily be affected by applying the resources for maintaining the authority of this state, which have been so amply and liberally afforded by them since the commencement of the war in support of the common cause." He also informed him that in order to carry into execution the measures upon which he had determined, it would be necessary for the state to be furnished with appropriate means. He therefore desired Washington to return "the six brass six-pounders, together with their apparatus," which New York had loaned to the United States in the year 1776, or to replace them in case they were not to be obtained. As to pro-
* Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 17.
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HISTORY OF EASTERN VERMONT.
[1779.
visions, he stated that he had been ordered by the Legislature to collect a " magazine of flour," but that it would, perhaps, be wanted by those who might be ordered to support the authority of the state. The whole tone of the letter was in keeping with the course which the Governor had determined to pursue as a faithful guardian of the interests of the state .*
In writing to Jay, Clinton declared his opinion concerning the late action of Congress in language even more decided than that which he had used in his letter to Washington. He expressed his astonishment and concern that Congress had " passed over in profound silence" the remonstrances which had been sent them against the conduct of the revolters from New York. He appealed to their candor to decide whether their inaction accorded with their repeated resolutions in which they had declared their determination to "discountenance every species of disrespect shown by any officers in their service to the legisla- tive or executive authority of the respective states ;" or whether it was a proper result of their decision of the 1st of June, whereby they had resolved to "pay an equal attention to the rights of the state of New York with those of the other states in the Union." Not doubting the purity of the intention of Congress in appointing a committee to confer with the revolters, he at the same time made known his disapprobation of the measure in terms which could not be misunderstood. "I am apprehensive," said he, " it will by no means produce the salu- tary effects for which I suppose it was calculated ; for, notwith- standing the just and generous terms offered by my different proclamations founded on the resolutions of the Legislature of this state, the refractory disposition of the principal actors in this revolt has still increased. By them it will be considered as an implied acknowledgment of their authority, and thereby tend to strengthen the usurpation ; and in the minds of the well-affected citizens who know the repeated and uncontradicted declarations which the principal revolters have made that they have received encouragement from several members of Con- gress, some of whose names are mentioned, and who have observed that the most flagrant insults against the civil authori- ty of this state, even by officers of Congress, have been totally disregarded, it will, I have too much cause to fear, excite fresh jealousies." For these reasons he recommended that the con-
* Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 20.
353
JOHN SESSIONS.
1779.]
ference committee should postpone their journey until the state Legislature should have time to convene, and consider the late resolves of Congress. His letter to the New York delegation, though not as comprehensive, contained sentiments similar to those announced in the letters to Minott, Washington, and Jay .*
By the committees of six towns in Cumberland county, which acknowledged the jurisdiction of New York, John Sessions of Westminster was commissioned to bear to Governor Clinton an official account of the late transactions, and of the difficulties to which the subjects of New York had been exposed in conse- quence of their obedience to the laws of that state. In the letter of the committees which he carried, dated the 8th of June, an earnest wish was expressed that the state should bear his expenses to Philadelphia, whither they desired he should pro- ceed for the purpose of expediting, if possible, the determination of Congress with respect to the controversy. A report spread by Ethan Allen, to the effect that two-thirds of the members of Congress were favorers of the new state of Vermont, served to render the committees especially anxious to know how much of this story was to be placed to the account of truth, and how mnuch to the workings of fancy. As to the effect which the legal prosecutions they had suffered had produced, they used this language :- " We would beg leave to inform your Excel- lency, that we cannot long endure our present distressing situa- tion, and if Congress does not immediately interfere, or the state protect us effectually and without delay, we shall be under the disagreeable necessity of submitting, though reluctantly, to be governed by the enemies of the state."+
Similar to this was the account sent by Micah Townsend to Governor Clinton on the 9th. From his declarations it appeared that the greater part of the Green Mountain Boys, with whom he had conversed during the time of the disturbance, were either unwilling or unable to make known the number of their "fighting men," or even of their regiments. He stated, how- ever, on the authority of Roswell Hopkins, the clerk of the General Assembly of Vermont, that their militia force numbered three thousand, of which two thirds, it was supposed, would take arms against New York; that they also depended upon the
.
* Doc. Hist. N. Y., iv. 966-976. Journals Am. Cong., iii. 285, 286, 295-298 Papers relating to Vt. Controversy, in office Sec. State, N. Y., pp. 18, 19.
+ George Clinton Papers in N. Y. State Lib. vol. viii. doc. 2394.
23
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HISTORY OF EASTERN VERMONT. [1779.
assistance of a thousand men from Berkshire county, Massa- chusetts, in an emergency, and upon the co-operation of the immigrants who were flocking from other states. He assured the Governor that Ethan Allen had remarked that the trials of the Yorkers had not been held for the purpose of distressing individuals, but that they were intended as a challenge to the government of New York "to turn out and protect their sub- jects." He also stated that Allen had publicly declared that the supporters of the new state had, for a long time, been engaged in making preparations for a contest with the Yorkers, that they were now prepared to receive their opponents, and were desi- rous that Governor Clinton should be informed of their readiness to fight. " After so open a challenge," wrote Mr. Townsend, in view of these circumstances, "if Congress does not immediately determine this controversy in favor of New York, or the state effectually protect their subjects here, it cannot be thought strange if they should in a body join the only government under which they can be secure. Who will dare resist the execution of the laws of Vermont, unless upon tolerably sure ground, when whipping, branding, &c., will infallibly be the consequence if superior force does not prevent it? And if submission must be our lot, will not the state hereafter, and with reason, have those who are now their friends for enemies ? If Congress do not take up the matter presently, or if they make only a temporary set- tlement, it is clear to me that Vermont is favored, and will infal- libly maintain their independence unless the force of New York prevents it immediately. For New York to delay taking arms, however specious the reasons, is the same as to yield the point."
In discussing the subject at greater length, Mr. Townsend recommended to Governor Clinton, in case the Legislature should deem it best to defend their constituents, to send from New York a force strong enough " to bear down all opposition" in the county, and then, if it should be thought practicable to make use of the Yorkers resident in Vermont, to supply them with arms, ammunition, and "some experienced officers." He further suggested, as a plan which had been communicated to him by one who was " acquainted with military matters," and who had ever been a staunch supporter of the jurisdiction of New York, that fortifications should be erected to enclose the Court-house at Westminster, and that two hundred or three hundred men should be sent to build them and to act as a gar- rison when they should be completed. The accomplishment of
355
ACTION OF CONGRESS.
1770.]
this design he described as easy, owing to the bluff a few rods north of the building, which would serve as a natural rampart, and to the level character of the ground in every other direction. Under the protection of the garrison he recommended the esta- blishment of courts of justice, a measure which, he supposed, would tend gradually to restore order and end opposition. "In this event," said he, "Charlotte county will be between two fires, the British and the Yorkers." To support the troops he doubted not that private contributions would be made. In behalf of Col. Samuel Wells of Brattleborough, he promised a thousand pounds of beef and a barrel of pork. He also expressed his belief that when it should appear that New York was "in earnest" in her efforts, a company could be easily raised in the county to assist in garrisoning the fort .*
These various communications, containing expressions beto- kening an intention of prompt and decisive action in certain quarters, were not without their effect. To atone for a supine- ness, which was probably the result of ignorance rather than of design, Congress resolved unanimously, on the 16th of June, that the officers acting under the state of New York, who had been lately deprived of their liberty " by certain persons of a district called the New Hampshire Grants," ought to be immediately liberated; directed the committee of conference, that had already been appointed, to inquire into the subjects discussed in Governor Clinton's letters, and report specially to Congress ; declared that Congress did not intend, by their resolution of the 1st of June, to uphold principles subversive of, or unfavorable to, the internal policy of any of the United States ; and decided that, inasmuch as "very salutary effects" were expected to follow the appointment of the committee of conference, further proceed- ings on Governor Clinton's communications should be postponed until that committee should report. Of the views of Congress at this time, upon the controversy between New York and Ver- mont, Jay, in a letter to Clinton, observed ;- " The majority of the house have proper ideas on the subject, and we flatter our- selves that it will terminate right." Clinton received the reso- lutions of the 16th on the 23d, and immediately informed the New York delegation, that in consequence of the measures adopted by Congress, he should defer convening the Legislature until the beginning of August. He further remarked that this
* George Clinton Papers, in N. Y. State Lib., vol. viii. doc. 2897.
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HISTORY OF EASTERN VERMONT.
[1779.
delay would give the committee an opportunity to report, and at the same time would not prevent him, in his official capacity, from making such arrangements for supporting the authority of the state as circumstances might require .*
Notwithstanding the excitement which had followed the attempt to seize the property of those who had refused to act in the service of Vermont, Chittenden proceeded on the 11th of June again to draft men, and did not fail to include the southern part of Cumberland county in the district from which levies were to be raised. In obedience to his orders, one of the officers of Vermont informed Benjamin Jones Jr., and John Kathan of Fulham, on the 17th, that they were required to do military duty. On their refusal to comply, being subjects of New York, the officer took a cow from each, and sold one of them by auction, and retained the other for the use of the state.+ On the 21st, a party of Vermonters, acting under the same authority, seized a heifer belonging to Ezra Robinson of Fulham, and without notifying to the owner the time and place of the sale, disposed of the property at vendue. On the same day an officer who had been directed to demand the services of Ephraim Rice of Fulham as a soldier, called at his house accompanied by five men. Rice refused either to serve, or to pay one half the amount required to engage a substitute. Thereupon the officer took possession of a cow and a heifer, the value of which was nearly twice the amount necessary to dis- charge the obligation, and sold them under the hammer with- out public notice of the time or place of the sale.
While matters were in this condition, Dr. Witherspoon and Col. Atlee, two of the members of the committee of conference, arrived at Bennington, and held an interview with Chittenden and others concerned in the government of the state. On the 23d, the two members wrote to Samuel Minott, informing him of the object of their visit, and of the results which they hoped to achieve. They expressed a hope that by the interposition of Congress, there would be in a short time a happy accommo- dation of all differences, and stated that they had for the pre-
* Doc. Hist. N. Y. iv. 976-978. Papers relating to Vt. Controversy, in office Sec. State N. Y., pp. 21, 22.
+ On the 23d of July following, the "inclosed wood" of John Kathan was entered, and " about three loads of hay" were removed, and appropriated to the use of the state of Vermont. George Clinton Papers, in N. Y. State Lib., vol. viii. doc. 2462.
357
SENTIMENTS OF GOV. CHITTENDEN.
1779.]
sent obtained a promise from Governor Chittenden, that the subjects of New York resident in Cumberland county, should not be molested until a final settlement of existing differences should be effected. In view of these considerations, the com- mittee recommended to Mr. Minott to counsel those whom he represented, to raise their full proportion of men, whenever the services of the people of Vermont were required either by the rulers of that state, or by continental officers. By following this advice, the Yorkers would neither acknowledge the authority of Vermont, nor disavow allegiance to New York. Such a course would also remove all imputations of disaffection to the cause of the United States, and would aid effectually in advancing the measures of pacification which were then on foot .*
In a letter of the same date to a friend in Cumberland county, Governor Chittenden advanced similar sentiments. Referring to the late refusal of some of the inhabitants of that county to serve in the Vermont militia, he expressed his regret that " a second insurrection and open violation of the authority" of Vermont, and of the United States had occurred, and that " private difficulties should in the least impede" a general union in defence of the liberties of America. Owing to the urgent necessity of securing the frontiers from depredation, he entertained no doubt that the inhabitants of Cumberland county would readily assist in that service. So long as they should con- tinue to do their proportion in the present war, and the ques- tion of jurisdiction should remain undetermined, he recom- mended the suspension of all prosecutions against those who acknowledged themselves subjects of the state of New York.t
To obtain the information concerning Vermont desired by Congress, the committee of conference propounded a number of written queries to Governor Chittenden on the 24th. To these he returned written replies. The sentiments entertained by the government of Vermont towards that of New York and of the United States, became in this manner more fully known, and enabled Congress to ascertain with greater accuracy the strength of the position which Vermont had taken. The reasons assigned by Chittenden for the seizure of cattle in the preceding month, were the same that had been alleged at the time of the transaction. In answer to the main question of the
* Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 23.
t Papers relating to Vt. Controversy in office Sec. State N. Y., p. 24.
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HISTORY OF EASTERN VERMONT.
[1779.
committee, whether the people of the new state would be willing to refer the final decision of the question of jurisdiction to the Congress of the United States, Chittenden answered that he believed he had the warrant of his constituents in saying, that "they would think themselves happy" in submitting to the arbitration proposed, provided the privileges granted to Vermont in supporting her cause were equal to those granted to New York, and on the further condition that the people of the former state should be permitted to reserve to themselves in the trial all the "rights, privileges, immunities, and advan- tages," which they might possess by any former power, grants, or jurisdiction .*
Witherspoon and Atlee, having accomplished their mission to their own satisfaction, set out for Albany without waiting for the arrival of their colleagues. Meantime, Governor Chitten- den having been informed that the cattle which had been taken from the Yorkers, had been sold in consequence of his orders of the 11th inst., transmitted the intelligence, on the 27th, to the Congressmen with whom he had so lately held conference. In his letter he assured them that the seizure and sale were wholly the result of the refusal of some of the citizens of Cumberland county to contribute their proportion in support of the war, and could not, therefore, prejudice his attempts to effect a reconciliation. He also informed them that Mr. Root, and Mr. Ellsworth, two of the other three members of the con- ference committee, were then within a few miles of Bennington. So anxious was he to insure the safe delivery of his communi- cation, that he sent it by the hands of a special messenger. In their reply, the committee manifested great concern lest this last disturbance should be the means of defeating the measures for a reconciliation which had been agreed on. Although unwilling to regard it as " a breach of the agreement," yet they did not hesitate to inform Mr. Chittenden that all hopes of a peaceful settlement would be frustrated, unless proceedings of this nature were discountenanced and forbidden, and restitu- tion made to those whose property had been taken.
On their return to Philadelphia, Witherspoon and Atlee pre- sented a report to Congress on the 13th of July, embracing an account of the manner in which they had been received by the new state men, and of the written replies which they had
* Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 25.
359
CONVENTION OF COMMITTEES.
1779.]
received in their conference with Governor Chittenden. It does not appear that this report was ever accepted, nor could it have been with propriety, since it was presented by two mem- bers of the committee only, while three was the smallest num- ber authorized to act officially. As far as this mission was intended to answer the purposes of those who proposed it, it was a failure .* It served, however, to sustain the hopes of the new state party and to give them fresh zeal in their efforts to obtain from Congress an acknowledgment of Vermont as a free and independent state.t
On the 23d of July, the committees of Hinsdale, Guilford, Halifax, Brattleborough, Fulham, Putney, Westminster, Rock- ingham, Springfield, and Weathersfield, assembled in conven- tion at the house of Col. Serjeants in Brattleborough for the pur- pose of concerting measures to protect themselves and their constituents from the indignities to which they were sub- jected by the authorities of Vermont. Samuel Minott being chairman and Micah Townsend clerk, a petition was prepared, addressed "to the honorable the Congress of the United States of America," in which the disputes concerning the jurisdiction of the New Hampshire Grants were reviewed, and the conduct of those concerned in them, noticed. In opposition to the attempts of those who desired to establish Vermont as a sepa- rate and independent state, the petitioners stated that a majority in several, and a respectable minority in other towns in Cum- berland county, including men of the best character and estates, were of the opinion that the settlement made by the king of Great Britain in the year 1764 was still binding and would so remain until Congress should determine otherwise. Announ- cing this as their own belief they declared that they had refused to join in the "unprovoked and unreasonable" revolt from New York, choosing rather to suffer the inconveniences which would attend their loyalty than to join in an internal revolu- tion whose consequences would tell so fatally upon the common
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