USA > Vermont > History of eastern Vermont, from its earliest settlement to the close of the eighteeth century with a biographical chapter and appendixes > Part 42
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As has been already observed, the easy access to the settle- ments, afforded by the unprotected condition of the frontiers, was the cause of continual alarms to the northern towns. The anticipation of an irruption from Canada, or of an attack of some nature, induced Capt. John Benjamin, the commandant of the fort at Bethel, to seek assistance from the neighboring militia, early in August, 1781.
In obedience to this application, Capt. Bartholomew Durkee, on the 10th of that month, and at the head of twenty-five of the stout men of Pomfret, marched to his aid, and was joined by Capt. Elkanah Sprague with five men from Hartford. The readiness of the soldiers to fight seems, however, to have been the only method by which they were permitted to evince their bravery on this occasion. The sole record of the expedition which remains, is that which preserves the names of the militia, the number of miles they travelled and the days they were ab- sent on service. But the fortunate issue of this alarm was coun- terbalanced by an event which happened in the following month.
* MS. Court Records.
412 ·
HISTORY OF EASTERN VERMONT.
[1781.
During the summer, Capt. Nehemiah Lovewell was stationed with his company at Peacham. The " Hazen Road" as it was called, which had been commenced by Gen. Bayley, in 1776, and completed by Gen. Hazen in 1779, began at Peacham and extended through the present towns of Cabot, Walden, Hard- wick, Greensborough, Craftsbury, Albany, and Lowell. Up this road, Lovewell sent a scout of four men, during the month of September, for the purpose of ascertaining the locality of the enemy. While on the route, they were ambushed and fired upon by the Indians. Two of the party were killed and scalp- ed, the other two were captured ; and on the tenth day after they left Peacham, were prisoners in Quebec with Colonel Elkins, who had been carried away in the preceding spring. This was the last of the depredations by which the inhabitants of the eastern settlements were disturbed during the year .*
Although the frequent incursions of the Indians and Tories had kept the people on both sides of the Green Mountains in a state of perpetual alarm, yet the Canada negotiations and the delays in Congress in the adjustment of the jurisdictional rights of the different claimants to the " Grants," were the cause of anticipations more gloomy than the sad realities of the present hour. Among the majority of the inhabitants, so little was known concerning the relations existing between the govern- ment of Vermont and the British, that the most extravagant surmises were promulged by those who, in other matters, were esteemed for their prudence. Stories which, at any other time, would have been discredited without hesitation, were repeated with additions and exaggeration, and received as the truth. Whatever may have been the opinion of Washington and his advisers as to the course pursued by the leading men in Ver- mont during this period of doubt and danger, there is now no question that the secrecy with which the negotiations with the enemy were conducted, notwithstanding the evil reports which were caused thereby, was the safest method which could have been adopted. Vermont-claimed by New York, regarded with hatred and fear by New Hampshire, suspected of treason by Congress, and eagerly watched by Canada,-held a situation so peculiarly delicate, that one false step might have destroyed all the plans of her protectors, and rendered vain her hopes of existence as a separate and independent state. In the minds of
* MS. Muster Rolls. Thompson's Vt., Part III. p. 137.
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UNPATRIOTIC SENTIMENTS.
1781.]
many, the distrust evinced towards Congress was far greater than the fear of subjection to British dominion. To such an ex- tent did this distrust prevail, that not a few among those who represented Vermont in her own Legislature, regarded with evi- dent satisfaction the idea of becoming allegiant to the Crown. From the language held by men who, although violent in their expressions, were still the exponents of the views of a large class of the community in which they resided, a more definite idea may be gained of the ideas which, at this time, prevailed.
In a conversation which took place at Brattleborough, during the month of May, between Col. Samuel Wells, who had been one of the royal judges in Cumberland county, for many years an adherent to New York, and afterwards a representative in the Assembly of Vermont-in a conversation which took place between him and Elijah Prouty, the latter having observed that in his opinion, "the state would not stand a state," Wells re- plied, that he was mistaken, that Vermont would continue a state because it was established a state by the King of Great Britain, and further declared, that in case the United States should levy war against it, it " could be supported by 10,000 or 15,000 troops out of Canada." Similar to this, was the assertion of Capt. Oliver Cooke who, in the month of July, assured a friend, that Vermont was a state, and that he could "in less than twenty-four hours" show that it had been "established by the King of Great Britain." The language of John Bridgman, of Vernon, a judge of the quarter sessions, and a member of the state Assembly, when conversing in relation to the powers of Congress, was violent in the extreme. "Congress has no business" to interfere with the present union of Vermont and New Hampshire, said he, to that renowned Yorker, Timothy Church of Brattleborough, as they chanced to meet on a No- vember's day, at Matthew Martin's mill. Church expressed a contrary opinion. Thereupon, Bridgman replied : " Damn the Congress. Curse the Congress ! Haven't we waited long enough on them ? A pox on them. I wish they would come to the mill now; I would put them between these mill-stones or under the water-wheel. They have sold us like a cursed old horse. They have no business with our affairs. We know no such body of men !"
So fearlessly were opinions expressed respecting the condition of the state, that Edward Smith declared openly, at the public house of Josiah Arms, in Brattleborough, that "as long as the
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HISTORY OF EASTERN VERMONT.
[1781, 1782.
King and Parliament of Great Britain approved of, and would maintain the state of Vermont, he was determined to drive it, and so were its leaders." Verbal reports of these, and similar declarations, were borne to Governor Clinton, who regarded them as proofs of a treasonable conspiracy with the enemy. In order to obtain the exact truth, he wrote on the 3d of January, 1782, to Capt. Timothy Church and his wife, Lieut. Jonathan Church, Elijah Prouty, Benjamin Baker, Israel Field, and Jo- seph Dater, in whose presence these sentiments had been utter- ed. " As I am informed," said he, "that you are acquainted with facts that tend to prove that the leaders of the usurped government of Vermont are in league with the common enemy, I have therefore to request, that you will appear before a civil magistrate, authorized to take the same, and make affidavit of all such matters as shall have come to your knowledge, respect- ing the same, in order that they may be transmitted to me. The good opinion I have of your patriotism, forbids my using any arguments to induce you to a compliance with a measure in which the safety and general interest of America is obviously and essentially concerned." In conformity with this request, those who had heard the remarks before narrated, committed the facts to writing in the form of affidavits, and sent them to Governor Clinton .*
Although the New York adherents experienced great diffi- culty in upholding the government to which they owed alle- giance, yet they did not hesitate to express their views on the subject whenever an opportunity was offered. On the 5th of November, 1781, Seth Smith, Elijah Prouty, Daniel Shepardson, and Hezekiah Stowell informed Governor Clinton, by letter, of their disapprobation of the "present basis of government" as established in Vermont, and of the threatenings with which they had been menaced by the people of that state. They fur- ther declared, that " vast numbers" still held to the state of New York and to the authority of Congress, but were constrained to suppress their sentiments from regard to personal safety. In proof of these statements, they referred the Governor to Lieut. Israel Smith, the bearer of the letter. The nature of this cor- respondence having become known, Seth Smith, who was re- garded by the Vermonters as a dangerous person, and who
* George Clinton Papers, in N. Y. State Lib., vol. xv. doc. 4265. MS. Deposi- tions.
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ADDRESS OF THE GUILFORDITES.
1781, 1782.]
had also been charged with being engaged in some riotous pro- ceedings, was indicted in December, 1781, before the court in Windham county for " conspiring and attempting an invasion, insurrection, and public rebellion" against the state of Vermont, and for " attempting the alteration and subversion" of its " frame of government by endeavoring the betraying the same into the hands of a foreign power."
Aroused, no doubt, by this exercise of power, and aware that the agreement they had made to sustain the jurisdiction of Ver- mont at the time of the addition of the Eastern Union, had tended but little to increase their personal or political safety, the inha- bitants of Guilford, on the 8th of January, 1782, drew up an address to the Governor and Legislature of New York and to the " American Continental Congress." In this paper they ex- pressed regret that they had been compelled by circumstances to unite with Vermont. In defence of their conduct, they argued from " the eternal and irresistible laws of self-preserva- tion, which are ever prior to all social laws, or the laws of a par- ticular society, state, or commonwealth," that when a body of men were oppressed, and the state to which they owed alle- giance could not assist them, it was "forever justifiable for that oppressed people to procure their own redress and relief by terms of composition with their oppressors," as favorable as could be obtained. They then referred to the inconveniences to which they had been subjected in early years by the " tyran- nic administration of the Crown;" to the persecutions they had endured on account of their allegiance to New York; and to the consequences which would ensue, should Congress cut off the Eastern and Western Unions and establish Vermont as an inde- pendent state. Without these wings, " Vermont," said they, " if filled up in its utmost extension," would never be able to maintain inhabitants enough to support the " charges, honor, power and dignity of an inland state ;" or to build such defences at the north as are needed; or to man, victual, and support them, in case they should be erected. Should the dissolution of the Unions follow, and should Vermont be recognized by Con- gress as the fourteenth state, they declared that the result to them would be but little short of a natural death. Accompanying this address was a communication, dated the 10th of January, from Daniel Shepardson, Henry Hunt, Capt. Asa Rice, Capt. Daniel Wilkins, Newhall Earll, and Lieut. David Goodenough, assert- ing that almost all the Vermonters in Guilford, and many in the
416
HISTORY OF EASTERN VERMONT.
[1782.
· adjacent towns, had lately " turned against Vermont," and were desirous of owning the jurisdiction of New York and submitting to the decisions of Congress.
To excite, if possible, an additional interest in their situation, the New York party in the townships of Guilford and Brattle- borough, drew up a " Representation " as it was called, of their situation, and committed it to Seth Smith their agent, with orders to present it to the Legislature of New York, and to the Congress of the United States. In this document, which was composed with much care and apparent truthfulness, Smith, as representant, declared that a "very great majority " of the inhabitants of Brattleborough and Guilford, and " at least three- fourths " of the people living within the "usurped jurisdiction of Vermont, on the east side of the Green Mountains and west side of Connecticut river," were desirous of returning to the " rightful jurisdiction of the state of New York," from which by the violent measures of the new state government, and the want of necessary protection and assistance from Congress and New York, they had "much against their inclinations, been obliged to appear to depart ;" that the towns which he repre- sented, and a majority of the inhabitants of the New Hamp- shire Grants, were, as he believed, firmly determined to oppose by arms the " usurped jurisdiction of Vermont ;" and that there was full evidence of the disaffection of " the leaders and abet- tors in the assumed government of Vermont " towards the Unit- ed States, and of a "league of amity " between them and the enemy in Canada. In support of the last statement, he alluded to the fact that Vermont commissioners had held frequent inter- views with commissioners from Canada, both in the latter pro- vince and on the "Grants;" that the leading men in Vermont had established a neutrality with Canada, publicly disavowed the authority of Congress, and authorized the transmission into Canada of prisoners belonging to Gen. Burgoyne's army, without receiving any in exchange; that the "staunch whigs and those well affected to the true interests of the United States " were exceedingly alarmed at this friendly intercourse which they could not prevent unless by force of arms, since, as supporters of New York, they were not eligible to office under Vermont; and that the " ill-gotten powers" of the supporters of the new state " were wantonly and arbitrarily " exercised, to the " incon- ceivable oppression of the best friends of the American cause " in that portion of the nation.
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417
1782.] CHARGES AGAINST THE VERMONTERS.
In addition to these charges, he stated that the Vermonters had committed many acts of violence, under color of law, against the well-affected subjects of the state of New York ; that they had proceeded so far against him, as to cause him to be charged-in an indictment for high treason against "their assumed government"-with an attempt to introduce a "fo- reign power" into Vermont, meaning undoubtedly by these words the government of New York and the authority of Con- gress ; that they had " debauched " into a union with them- selves, portions of New York and New Hampshire; that, although exempt from the " common burthens of the American war," they still exercised an "exorbitant power in taxation and arbitrary drafts, to support their usurpations against two of the states in the American confederacy ;" and that this latter proceed- ing was intolerably grievous to the great body of the true friends of America, who were compelled to endure, since they were not able to resist. To support these declarations, the representant offered to adduce the "most regular and conclusive proofs," pro- vided he and his friends should be protected while collecting the evidence. He also suggested the propriety of sending con- gressional commissioners to make inquiries and return a full report, and added his assurance that they would be upheld and respected by the majority of the people. In conclusion, he gave as his firm opinion " that unless Congress seasonably and vigorously interpose, the well-affected to the state of New York and the United States will fly to arms in opposition to the usurpation of Vermont."
On reaching Poughkeepsie, Smith waited on Gov. Clinton, apprised him of his business, and bespoke his assistance. Clin- ton, at once, approved of the undertaking in which Smith was engaged, and on the 21st of January presented him with a let- ter of introduction to William Floyd, one of the delegates from New York in Congress. In this communication, Clinton recited in brief the information which Smith designed to communicate, and desired Floyd to aid that gentleman in fulfilling his com- mission. "You will be able, I presume, from the temper of Congress," wrote he, "immediately to determine what effect Mr. Smith's representation is likely to have, and if it should not appear probable that any measures will be taken in conse- quence of it, I wish he may not be detained in Philadelphia a single hour longer than is necessary for you to prepare your dis- patches." Agreeable to this request, the representation was
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418
HISTORY OF EASTERN VERMONT.
[1782.
laid before Congress on the 28th of January, and was referred with other papers to a special committee. Without waiting to see the issue, Smith returned home. On he 19th of February the first report was made on the subject, and was re-committed. On the presentation of their second report by the grand commit- tee, on the 1st of March, nearly the whole day was spent in the discussion of the Vermont question, and of the conduct of the inhabitants of that state in admitting the Eastern and Western Unions within their jurisdictional limits. The result of these proceedings was the passage of a number of resolves declaring the boundaries of the New Hampshire Grants to be henceforth, as they were understood to have been, previously to the admis- sion of the territory comprised within the acknowledged limits of New York and New Hampshire. Although these resolves were to a certain extent due to the statements of Smith, yet the main object of his mission was not accomplished, since no direct measures were taken to secure those whom he represented the rights which they claimed as citizens of New York.
On his way home, Smith left with Governor Clinton a copy of the representation which he had brought before Congress, and a petition, dated February 11th, addressed to the Legislature of New York. In the latter document, he stated that he had been authorized by his constituents to apply both to Congress and to the New York Legislature " for their respective interposition on the subject matter of his representation ;" that the well-affected on the "Grants " would cheerfully render obedience to New York, provided they could be protected ; that by the laws of Vermont they were deprived of civil and military power ; and that they were determined to resort to "the natural means of defence by arms," unless interposition should be made in their behalf. In view of these difficulties he prayed the Legislature to employ " seasonable and vigorous " measures, and thus free his constituents from the necessity of repelling force by force, a step which " by the rights of mankind " they would be justified in taking. The Legislature were to have met on the 10th of February, but at that time and for several days following there was not a quorum present. As soon as a sufficient number had congregated, the petition and representation were read in the Assembly, and, on the 23d of February, were referred to a joint committee of the Senate and Assembly "on the papers relative to the New Hampshire Grants," consisting of Messrs. Hathorn, Tompkins, De Witt, L'Hommedieu, and Adgate, from the latter
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DILATORINESS OF CONGRESS.
1782.]
body. When, on the 26th, the documents were presented to the Senate, they were disposed of in a similar manner, Messrs. Oothoudt, Whiting, and Ward being the members of the joint committee to whom they were referred.
As in Congress, so in the New York Legislature, no direct results followed this effort made by the constituents of Smith to obtain justice for themselves and protection from the people of Vermont. The attention of both of these bodies was too much engaged in investigating the reports which were daily pouring in upon them, of a treasonable correspondence between Ver- mont and Canada, to allow of an examination of the incon- veniences of which the Guilfordites and their colleagues com- plained. But the declarations which were made were not entirely lost. Their influence was discernible in the course which New York, at a later period, determined to adopt in establishing government in the late county of Cumberland. Soon after his return home, Smith presented a petition to the General Assembly of Vermont, praying to be released from the charge of treason which had been brought against him. The request was referred to a committee, who reported favorably thereon, and by an act of the Assembly, passed on the 23d of February, he was discharged from the indictment "for conspir- ing and attempting an invasion, insurrection and public rebel- lion " against the state, on condition that he should appear at the court in Windham county and answer to other charges which might be brought against him, and take the oath of alle- giance to Vermont. The disappointment which he had expe- rienced at Congress, was undoubtedly the cause of his applica- tion to the General Assembly. It does not appear, however, that he accepted the proposals which were offered him, and, judging from the conditions on which they were based, it is probable they were rejected .*
As soon as Vermont by her own act had dissolved all connec- tion with the Eastern and Western Unions, many of the residents in several of the towns of the former county of Cumberland, again declared themselves citizens of New York. At a town meeting held at Brattleborough, on the 12th of March, the people assem- bled and declared by vote, that in their opinion a treaty had been
* George Clinton Papers, in office Sec. State N. Y., vol. xiv. doc. 4129: vol xv., docs. 4301, 4334, 4352. Journals of Am. Cong., Feb. 19th, March 1st, 1782. Vt. Council Records. Journal Gen. Ass. Vt., Feb. 1782. Journals Ass. N. Y. Various MSS.
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HISTORY OF EASTERN VERMONT.
[1782.
" entered into with the enemy ;" that the inhabitants of the New Hampshire Grants justly owed their allegiance to New York ; that it was their own duty "to withdraw all allegiance or obe- dience to the state or authority of Vermont ;" and that in case a sufficient number of the inhabitants of the other towns in the county should adopt similar sentiments, they would petition the Governor of New York to appoint civil and military officers for their guidance, and to establish a civil government under the authority of that state. On the 13th, a similar meeting was held at Guilford, and was followed by the same results. The inhabit- ants of Halifax assembled on the 14th, for the purpose of con- sulting upon the question of their connection with New York, and arrived at conclusions of a like nature.
On the 20th, a convention of the committees of the three towns above named met at Brattleborough, for the purpose of concerting such measures as the peculiar situation of the county demanded. Elijah Prouty of Brattleborough was chosen mode- rator of the meeting. Samuel Avery, as agent, was directed to repair to the Legislature of New York, and lay before them "a just and true state" of the "oppressions and grievances " to which their constituency on the "Grants " were subjected. Certain persons were also appointed to write to those towns `which were not then represented, for the purpose of eliciting their sentiments respecting the course which had been adopted 'by the convention. In regard to Hinsdale, Newfane, Putney, Westminster, Rockingham, and Weathersfield, the convention declared their opinion that, if those towns had been allowed proper time and sufficient notice, they would have agreed to and sanctioned the objects and actions of the meeting. In the instructions which were afterwards given to Avery, he was directed to deliver the papers which should be entrusted to him to the Legislature of New York, and pray for their "advice and assistance;" to endeavor to influence them to establish actual civil government on the "Grants," "with sufficient authority and force to carry it into execution ; " and, if he should receive encouragement, to proceed to Congress, and lay the whole sub- ject before the members of that body .*
These measures contributed, in a certain degree, to influence the conduct of those to whom personal appeals were made, but they brought no immediate redress of the evils complained of.
MS. Minutes of meetings held at Brattleborough, Guilford, and Halifax.
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PERSEVERANCE OF THE YORKERS.
1782.]
The return of the inhabitants in the Western Union to their alle- giance, and the question of land titles on the New Hampshire Grants, were now occupying the attention of the New York Legislature, and the prayers of the few were unheard among the applications, petitions, and remonstrances of the many.
Although the Yorkers in the townships of Brattleborough, Guilford, and Halifax received but little encouragement from the government whose authority they acknowledged, yet they did not cease, by addresses and agents, to importune the Legis- lature of New York for assistance. However men may disagree as to the merits of their cause, no one can deny to them a per- severance of itself almost worthy of a successful issue. On the 26th of April, a remonstrance in behalf of these towns was pre- pared by Charles Phelps of Marlborough. He and his sons were violent opponents of the Vermont jurisdiction, and subse- quently became active leaders in the New York party. A treasonable correspondence between the principal men in Ver- mont and the British in Canada was boldly asserted in this document, and the former were charged with an agreement to raise a force to be employed under British pay for " the destruc- tion of the liege subjects " of the United States. Complaint was made at the same time, because of the taxes which the friends of New York were compelled to pay towards the support of a government whose authority they denied. The incon- veniences and suffering ensuing therefrom were also set forth in the plainest terms. These statements were accompanied by a request that one regiment or more might be raised and officered in the county of Cumberland, under the pay and authority of New York; that probate judges, justices, coroners, and " all other civil officers" might be commissioned, for the "good regu- lation " and " compleat protection " of the people ; that Judge Richard Morris might be exhorted to visit the county, for the purpose of encouraging the loyal, and disheartening their opponents ; and that the worst criminals might be carried to Albany or Poughkeepsie. In closing, the committee, in whose name the remonstrance was drawn, expressed a desire that Governor Clinton should send his answer "in writing, and no more by word of mouth," in order that the people might see his declarations in his " own hand." *
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