USA > Vermont > History of eastern Vermont, from its earliest settlement to the close of the eighteeth century with a biographical chapter and appendixes > Part 37
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* During three or four months succeeding the visit of the congressional committee of conference, it is probable that the laws of Vermont were not strenuously enforced against the Yorkers. In the orders of Col. Samuel Fletcher to Capt. Jesse Burk of Westminster, dated at Townshend on the 2d of August, 1779, Burk is directed "to call upon those called Yorkers" to contribute their proportion in hiring a man to do military duty, "but not to proceed in law against them in case of refusal at this time." George Clinton Papers, in N. Y. State Lib., vol. viii, doc. 2466.
+ Various MSS. Doc. Hist. N. Y., vi. 978, 979. Journals Am. Cong. iii. 322.
360
HISTORY OF EASTERN VERMONT.
[1779.
cause of America. Referring to the cruel activity which had been evinced towards them by the "usurped government," and to the proscriptive and bloody enactments which the Legisla- ture of Vermont had seen proper to pass, in order to hold them in subjection, they besought Congress-by the "complete anarchy " under which they had long suffered, by the imputa- tions to which they were continually exposed of being branded as Tories on account of their refusal to obey the laws of Ver- mont, and by the respect due the articles of confederation, whose words were intended as emblems of the protection which would be afforded to each of the United States-to adopt such measures as should restore rights to those who had been deprived of them by violence, and ensure peace to a distracted people .*
At the same convention, a letter was prepared for Governor Clinton, more particular in its details of the situation of affairs, and more desponding in its tone, than any which had preceded it. In this communication Samuel Minott, in behalf of his asso- ciates, recounted the services which they had rendered, and referred with regret to the little good which had been thereby accomplished. He stated that a number of the inhabitants of Cumberland county, influenced by principles of duty and affec- tion towards the state of New York, and opposed to the exer- cise of an authority which they deemed usurped, had, since the beginning of the year 1778, chosen committees to conduct their opposition ; that they had held frequent, meetings for the pur- pose of preserving and increasing the interest on this subject, and had often addressed his Excellency in relation to its import- ance ; that this attachment had subjected some of them to fines, imprisonment, and the partial loss of their estates; and that the state of anarchy which they had been compelled to endure had been to them a constant source of trouble and disquiet. " We suffered all with patience and cheerfulness," continued the writer, " hoping that Congress would at length interfere and do justice to the state of New York, by recommending to the re- volted to return to their allegiance and use their influence to quiet the disorders. And when the violent measures of Ver- mont had attracted the notice of Congress, and threatened to disturb the peace of the continent, we rejoiced at what had
* Doc. Hist. N. Y., iv. 981-987. Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 26.
361
PETITION SUBMITTED TO NEW YORK LEGISLATURE.
1779.]
occasioned Congress to attend to our difficulties, though other- wise distressing. But when we are convinced that those from whom we expected relief, by public recommendations and pri- vate advice, countenance what we before thought was rebellion; and instead of supporting the jurisdiction of New York, advise its subjects to a temporary submission to Vermont, and, as we are informed, the officers of Vermont how to conduct the opposition to New York, we are discouraged, and think it needless for us to spend our time and money, and perhaps subject ourselves to trials for treason, on account of our duty to the state. As to their future conduct, he assured the Governor that the county committee were to convene on the return of their representa- tives from the Assembly of New York, and would then dissolve and submit "to the powers that are," unless it should appear that the state had determined to assert and support its jurisdic- tion. Amid all these discouragements, he did not fail to declare his belief that the rights of New York could be maintained on the " Grants." In closing, he acknowledged with great courtesy the attentions which his Excellency had paid to the distresses of his constituents, and expressed gratitude for the efforts which he had made to restore peace to an unhappy country."*
Before presenting the petition to Congress, the convention determined to submit it to the New York Legislature, and ob- tain their views concerning its sentiments and propositions. It was accordingly placed in the charge of Charles Phelps, who was instructed to carry it to Kingston. Thence he was to take it to Philadelphia, provided the Legislature should agree to bear his expenses. The representatives in the New York Assembly from Cumberland county at this time, were Micah Townsend, Elkanah Day, and John Sessions. The petition was brought in by Mr. Townsend on the 25th of August ; and, its object having been fully explained, the House signified their approbation of the course which it recommended by the following preamble and resolutions :-
"Whereas, the inhabitants of the towns of Hinsdale, Guil- ford, Halifax, Brattleborough, Fulham, Putney, Westminster, Rockingham, Springfield, and Weathersfield, in the county of Cumberland, are immediately and greatly affected by the dis- orders prevailing in the north-eastern parts of the state ; have suffered exceedingly by their attachment to this state, and oppo-
* George Clinton Papers, in N. Y. State Lib., vol. viii. doc. 2448.
362
HISTORY OF EASTERN VERMONT.
[1779.
sition to the authority of the pretended state of Vermont; may be presumed to be peculiarly anxious for the restoration of order and good government; and under these circumstances, are enti- tled to great indulgence and attention. And, whereas, the Le- gislature are disposed to attempt every measure, which may have even the most remote tendency to peace and accommoda- tion :
" Resolved, therefore, that for the above reasons, this House do consent that the petition of the inhabitants of the said towns, signed by Samuel Minott, and bearing date the 23d of July last, be presented to Congress.
" Resolved, that the Legislature will provide for the expense of the journey of Charles Phelps, Esq., appointed by the inha- bitants of said towns, to present the said petition.
"Ordered, that Mr. Jay and Mr. F. Bancker, carry the said petition, together with a copy of the above resolutions, to the Honorable the Senate, and request their concurrence in the said resolutions."
The petition was read in the Senate on the 26th. The action of the Assembly was approved of, and the same preamble and resolutions were adopted as an expression of the views of the upper house. While these measures were in progress, Governor Clinton had addressed a message to the Legislature on the 25th, in which he had referred to the "disturbances in the north- eastern counties" of the state, and to the necessity of subduing to submission, those who had excited them. The theme sug- gested was taken into consideration on the 26th by a joint com- mittee from the two houses, who reported a draft of instructions for the benefit of the New York delegation in Congress. The report was agreed to by the Senate on the same day, and on the 27th was concurred in by the Assembly. These instructions, together with the documents emanating from Cumberland coun- ty previously mentioned, were intrusted to Phelps, who soon after left Kingston for Philadelphia .*
While the Legislature of New York and the citizens of that state in Cumberland county, were engaged in endeavoring to induce Congress to adopt measures which should put a period to the dangers by which they were threatened, Governor Chit- tenden was not idle. In a letter addressed by him to President
* N. Y. Assembly Journals. N. Y. Senate Journals. Doc. Hist. N. Y., iii. 987- 992. Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 27.
363
SENTIMENTS OF GOV. CHITTENDEN.
1779.]
Jay on the 5th of August, he maintained the right of the new state to a separate and independent jurisdiction, and stated in plain but forcible terms, the reasons which had induced the late seemingly severe conduct on the part of Vermont towards the New York adherents. He denounced the action that Con- gress had taken in their resolves of the 16th of June previous, and declared that the authority of Vermont had been "im- peached and censured" by them, before the "facts and circum- stances in the case could have been particularly known." The punishment which those acting under New York authority had received, was owing, he remarked, to a " high-handed breach of the peace," of which they had been guilty, and he further stated that their liberation had been effected previous to the passage of the resolves referred to. The full meed of praise was given to the valor and patriotism of the Green Mountain Boys. Their readiness to engage in the scenes of war, and to bear their proportion not only of the labor but of the expense also, received special comment. Notwithstanding the declaration of the inhabitants of the southern part of Cumberland county, that they were the warm friends and firm supporters of the cause of the United States, the Governor asserted that many of them who were able-bodied and effective, had taken advantage of the disputes between New York and Vermont, " to screen themselves from service," and had refused to comply with the appeals which had been frequently made to them for their quota of men and money to furnish defence for their own fron- tiers. The whole tenor of this letter bore evidence to the inten- tion of the writer and his friends, to maintain, at all hazards, the independence of Vermont as a separate state.
On his arrival in Philadelphia, Phelps, not satisfied with delivering the documents of which he was the bearer, used his exertions to interest such members of Congress as he could approach, in behalf of the measures advocated by the New York delegation. While engaged in these attempts, he kept the Legislature, at whose expense he was then supported, well informed of the temper of Congress, and of the opinions which were entertained by the members on the subject of the con- troversy. Some of them, he stated in his letter of the 21st of September, were satisfied with the manner in which New York had borne with those who had maltreated her subjects, and were of opinion that it was "high time" to put an end to the juris- diction of Vermont. At the same time he did not conceal
364
HISTORY OF EASTERN VERMONT.
[1779.
the fact, that there were others who would be glad to see Ver- mont established as a separate state. After numerous delays the subject of the controversy was taken up by Congress on the 24th of September, and several resolutions were adopted pre- paratory to the final disposal of the matter. The committee of conference, who had been appointed in the month of June previous, a majority of whom, as it was declared, had never met in the district to which they were sent, and, therefore, had never executed the business committed to them, or made a regular report thereon to Congress- this committee were dis- charged from further service .*
To the states of New Hampshire, Massachusetts, and New York, the passage of laws expressly authorizing Congress "to hear and determine all differences between them, relative to their respective boundaries, in the mode prescribed by the articles of confederation," was earnestly recommended. To the same states the passage of similar laws was also recommended, concerning the settlement of disputes between them and the inhabitants of the "Grants." Congress also asked for authority to adjudge all differences subsisting between the grantees of the states named with one another, or between either of the states, respecting title to lands lying within the "Grants." In case this power was granted by the states concerned, Congress pledged their faith to carry into execution the decision they should make, whatever it might be, in order that permanent concord and harmony might be established, and all cause of uneasiness removed. The first day of February, 1780, was fixed upon as the time when Congress would hear the argu- ments of the different parties. As to the manner of voting, it was expressly stated that neither of the states interested in the controversy should vote on any question relative to its decision. Until this reference was had, Congress declared it the duty of the people on the "Grants," who denied the jurisdiction of the states before mentioned, to abstain from exercising any power over any of their neighbors who professed allegiance to any or either of the interested states. They further declared it to be incumbent on New York, New Hampshire, and Massachusetts respectively, to suspend the execution of their laws over the inhabitants of the "Grants," except in the case of those who acknowledged the jurisdiction of any one of these states. In
* Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 29.
365
RESOLVES OF CONGRESS.
1779.]
defining the limits of that district for which a separate and independent jurisdiction was claimed, they resolved that none of the towns either on the east or west side of Connecticut river should be considered as included within it, those being excepted which had heretofore actually joined in denying the jurisdic- tion of the states before named, and had assumed a separate jurisdiction under the name of the state of Vermont. They also gave it as their opinion that no unappropriated lands or estates lying in this newly named district, which had been or might be adjudged, forfeited, or confiscated, ought to be granted or sold, until the final decision of Congress should be made known. The inhabitants of Vermont were especially desired to abstain from all hostile action, and to this end it was recom- mended to them to cultivate harmony and concord among themselves, to forbear "vexing each other at law," and to "give as little occasion as possible for the interposition of magistrates." By these resolutions it was proposed, that the power of deciding the controversy should rest with Congress. On the 2d of October, it was proposed that this power should be vested in " commissioners or judges," to be appointed in the mode prescribed by the ninth article of the confedera- tion.
This programme of the course which Congress intended to pursue, was immediately transmitted to all the parties interest- ed, with a request that they would conform to its provisions. In compliance with this application, resolutions were passed and agents were appointed by New York, on the 21st of October. On the same day, the General Assembly of Vermont elected delegates to appear at Congress to vindicate the right of that state to independence, and to agree upon articles of union and confederation. Massachusetts, although she did not choose agents to represent her in the approaching conference, avowed her right to a portion of the controverted territory, notwith- standing the agreements which had been previously made, by which she had been excluded from participation. The resolves of Congress were approved of in New Hampshire, and delegates were chosen on the 17th of November, to present and defend the claims of that state at the time appointed. The power of deciding the unhappy disputes which had caused so much per- sonal and political animosity, was now in the hands of a tribu- nal which commanded the respect of the appealing states. To its decision, not only the parties concerned, but all the states in
366
HISTORY OF EASTERN VERMONT.
[1779.
the confederacy looked forward with an interest commensurate with the importance of the results which were to follow .*
* Doc. Hist. N. Y., iv. 992-1000. Journals Am. Cong., iii. 350, 363, 365-367, 371. Slade's Vt. State Papers, pp. 110-115. Papers relating to Vt. Controver- sy, in office Sec. State N. Y., p. 30. Laws of N. Y., in office Sec. State N. Y., 1777-1789.
CHAPTER XIV.
CONTINUATION OF THE DISPUTE. THE BURNING OF ROYALTON.
Representatives from Cumberland county in the New York Assembly-Guilford- ite Yorkers-Elections held by order of New York-Micah Townsend's Letter to Gov. Clinton-Convention of Committees at Brattleborough-Samuel Minott to Clinton-Charles Phelps refuses to serve in the Vermont Militia-He and his son Timothy are fined-Second Convention of the Committees-Major Jonathan Hunt sent to Philadelphia-Action of Congress-attempts of Vermont to effect a Settlement with the Yorkers-Petition of Inhabitants of Cumberland county to the New York Legislature-Gov. Clinton's Letter to Samuel Minott-Josiah Bigelow and Peter Briggs, the contumacious Yorkers-Col. Patterson's attempts to enlist Soldiers-Suspicions concerning the loyalty of Vermont to the Ameri- can cause-Gov. Clinton's opinion-Hearing before Congress of the Claims to the " Grants"-Incursion of the Indians at Barnard and Bethel-Fort Defiance built-The British and Indians plan an attack on Newbury-Are diverted from their object-They attack Royalton-Sufferings of the Havens family-Adven- tures of Gen. Elias Stevens and Capt. John Parkhurst-Escape of the Rix family -Heroic conduct of Gen. Stevens-Various incidents connected with the cap- ture of the Inhabitants-Col. John House and his men pursue the Enemy-The Fight-The Threat of the Indians-Their Flight-Fate of the Captives-Opi- nions concerning the conduct of Col. House-Review of the Losses-Incidents connected with the Inroad-The Exploits of Mrs. Hendee-The Alarm at Brook- line-The Flight of the People-The Burning Brush-heaps at Newfane-Prepa. rations for Defence -- The gathering of the Soldiery-The Calmness of Noah Sa- bin Sen. misinterpreted-Explanation of the Alarm.
DURING the winter of 1779, 1780, and the spring of the latter year, various attempts were made to obtain from Congress a decision of the controverted question of jurisdiction which continued to harass the people of New York and cramp the energies of the in- habitants of Vermont. The attention of Congress was so much occupied in furthering the general welfare of the Union, that the points of difference between the contending parties, were allow- ed to remain undecided. Meantime, Cumberland county was re- presented in the Legislature of New York by Micah Townsend of Brattleborough and Elkanah Day of Westminster. The former occupied his seat from the middle of August, 1779, to the middle
368
HISTORY OF EASTERN VERMONT.
[1780.
of March, 1780, and was indefatigable in his endeavors to assist the inhabitants of Cumberland county. The latter was present for a few days only, at the beginning of the session; and, whether governed by choice or necessity, did but little to advance the interests of his constituents.
In a few of the towns in the county, the Yorkers continued to assert their rights, and did not scruple to punish those whom they deemed guilty of crime. Some time in the month of Fe- bruary, 1780, Henry Sherburn and Timothy Root, inhabitants of Guilford, and supporters of New York authority, " arrogated to themselves" the power of acting as judges in a case between Ephraim Nichols and Henry Hix. Sherburn administered oaths, took the evidence in due form, and, in conclusion, he and Root decreed Hix guilty, and awarded to him, as a suitable punishment, fifteen stripes on his naked back. It is stated that " Job Whitney laid them on." But the Guilfordite Yorkers were not content with partially establishing the jurisdiction of the state to which they owed allegiance. They aimed to be the sole rulers within their own town. They were jealous of rivals, and of those who seemed to be aiming at that condition. It was this sentiment which, on the 6th of May, brought Hezekiah Stowell, Asa Rice, Phineas Rice, and Micah Rice, headed by the before-named Sherburn, to the house of Levi Goodenough Jr., who, by the authority of the people of "the independent state of Vermont" was holding a court, and at the time of the visit, was busied in the trial of a criminal. On this occasion, Sherburn evinced higher powers of magistracy, for, by his or- ders, Goodenough was forbidden to proceed with the trial, the court was broken up, the criminal was ordered home, and the authority of Vermont was defied.
Circumstances like these served to awaken in the minds of the Yorkers the hope that they might be successful in establish- ing what they regarded as the rightful jurisdiction. In several towns they attempted to exercise the right of suffrage, at the spring elections which had been ordered by New York. Simeon Edwards, a valiant citizen of Guilford, " signed and posted up a warrant in the name of the sheriff," requiring the people of the town to assemble and elect a Governor and other civil offi- cers for the state of New York. In obedience to this call, those of the inhabitants who regarded the warrant as legal assembled, and an election was held. In other places the supporters of the new state, tore down the notifications and threatened all
369
OPINIONS OF THE PEOPLE.
1780.]
who should concern themselves in New York elections with prosecutions. When the people met at Putney to vote, the Vermonters appeared in force, and, by their authoritative and menacing manner, put an end to the voting. Conduct similar to this in other towns deterred many of the more timorous friends of New York from declaring their sentiments. The election was regarded by all as a failure. It did not express even the little strength which was to be found in the ranks of the minority.
On the 10th of April, after his return home from the session of the New York Legislature, Micah Townsend wrote to Go- vernor Clinton informing him of the sentiments which were entertained concerning the controversy, by the various classes of people with whom he was brought in contact. For three years had the loyal subjects of New York awaited the decision of Congress respecting the recognition of Vermont as a sepa- rate state. To the February just passed they had looked for- ward with the hope that this important question would then be settled. Their agents had, however, returned from Phila- delphia, and the most encouraging report they could give, was that Congress would not at present determine the dispute. Uneasiness, "general and great," followed. A few openly espoused the cause of, and subscribed the oath of allegiance to Vermont. Many, wavering between hope and fear, began to think of safety in "an agreement with the ruling powers," as they designated the government of Vermont. Others, resolving to remain true to the jurisdiction which they believed just, continued to exhort the desponding to stand firm in the interest of New York, until Congress should have leisure to view the important question in its varied bearings, and publish a decision which should prove equitable as well as legal. Meantime the Vermont Legislature were straining every nerve to increase their power. At their March session held at Westminster in the present year, they had granted large quantities of land to persons residing in the New England states, and had appointed a committee of three to confer with the Yorkers in Cumber land county. The men chosen to manage this conference, hav- ing lobbied at Congress, had become skilled in the arts of insinuation, and fears were entertained that they would succeed in misleading those who had not much to gain should the authority of New York be established, but who had every-
24
370
HISTORY OF EASTERN VERMONT.
[1780.
thing to lose in case her claim should be pronounced in- valid .*
For the purpose of ascertaining the political condition of Cumberland county, a convention of those owing allegiance to New York was held at Brattleborough on the 11th of April. Nine towns were represented. However satisfactory the delibe- rations on this occasion might have been, yet the letter to Go- vernor Clinton, written by the chairman Samuel Minott, in behalf of the convention, was not of a character to inspire hope, either by its references to the present, or by its estimates of the future. After mentioning the opinion prevalent among the people, that Congress would pay no attention to the settlement of the dispute during the continuance of the present war, Mr. Minott reverted to the transactions in which he and his asso- ciates had been engaged in support of the jurisdiction of New York. He reminded the Governor, that many of the inhabit- ants of Cumberland county, from the time the independence of Vermont was asserted, had continued subjects of New York; that the Legislature of New York, to encourage them to remain in allegiance, had, " in the most solemn manner," pledged the faith of the state to protect their persons and property ; and (although no blame could be charged upon his Excellency) that this pledge had been broken, many of the subjects of New York having from time to time been "notoriously injured," and prevented from obtaining the least satisfaction for their maltreat- ment, or the least assurance of exemption from such usage in future. He then referred to the ineffectual attempt which had been made in Congress to settle the dispute, by sending com- missioners to the "Grants," and alluded to the resolutions which had been passed by the same body on the 24th of September, 1779, " generously designed " to protect the grantees, and " pre- vent the alienation of public property." Nor did he omit to inform his Excellency, that the Legislature of Vermont, in spite of all these endeavors, had made large grants of land to certain persons who had applied for favors of this kind; had impri- soned and harassed several of the subjects of New York for offences against the laws of Vermont; had punished several who had sold liquors without a Vermont license; and had chosen a committee to attempt to persuade the subjects of New
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