USA > Vermont > History of eastern Vermont, from its earliest settlement to the close of the eighteeth century with a biographical chapter and appendixes > Part 43
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At a convention of the committees of these three most faith-
* George Clinton Papers, in office Sec. State N. Y., vol. xv., doc. 4482.
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HISTORY OF EASTERN VERMONT.
[1782.
ful towns, held on the 30th of April, the remonstrance was ac- cepted as the expression of the people, and Daniel Shepardson was appointed to carry it to Poughkeepsie, and endeavor to ob- tain a favorable response. He was also entrusted with a list of the names of those best qualified to fill civil and military offices, and was directed to submit it to the New York Council of Ap- pointment for their guidance in selecting officials for the county. In the execution of his commission, Mr. Shepardson repaired to Poughkeepsie, and received from Governor Clinton a reply to the remonstrance. In this communication, dated the 6th of May, the Governor assured the associated committees, that, as soon as the Council of Appointment could be convened, he should use his "best endeavors" to obtain commissions for "the requisite
civil and military officers." He then referred to the act of Congress of the 24th of September, 1779, which expressly declared it to be the duty of the inhabitants on the "Grants" owing allegiance to Vermont, to abstain from exercising any power over those who were subjects of New York and vice versa. In view of the conduct of New York and of the rights guaranteed by this enactment, he observed : "This state has, during the whole of the time since the controversy was submit- ted to Congress, hitherto strictly observed this recommendation of Congress ; and should any person under pretence of author- ity from the assumed government attempt to enforce their laws, you will perceive that resistance by force is, in every point of view, justifiable, and the faith and honor of Congress is pledg- ed for your support." In regard to the suspicions which were afloat as to the course which Vermont was, pursuing with the British in Canada, he declared that there was the fullest evi- dence of a " criminal and dangerous intercourse" between them, and presented this fact as an additional reason why the friends of America should "interest themselves in prevailing with their fellow citizens to return to their allegiance, and by that means disappoint the views of a combination who from motives of self- interest and ambition would enter into a league with the enemy, and sacrifice the liberties of their country." He stated, more- over, that in case persuasive measures should prove ineffectual in the re-establishment of peace, and Congress should delay or wholly decline to decide the question of jurisdiction, no alterna- tive would be left to New York. Necessity, he declared, would then force the adoption of " compulsory means" to maintain the rights and enforce the authority so essential to the future peace
423
THE REPUBLIC OF GUILFORD.
1782.]
and security of the state. With this letter were sent the two late acts of the Legislature, one of which had been passed for the purpose of extending pardon to those who had been the sup- porters of the Western Union, and to all others who should return to their allegiance ; and the other for confirming grantees in the titles by which they held their lands .*
Hardly had the contents of this letter transpired, when an op- portunity was offered for those who should choose so to do, to attest their adherence to the government of New York. By an act of the Legislature of Vermont, passed a few months previous at the February session, orders had been issued for raising "three hundred able-bodied, effective men, for the ensuing campaign." In case any town should refuse to raise their quota of men, power was given to the selectmen to hire the required number, and to issue their warrant to the sheriff of the county, directing him to levy on " so much of the goods and chattels, or estate" of the inhabitants as should be necessary both to pay the wages of those who should be hired, and to satisfy all the necessary charges which might arise. The friends and supporters of the government of New York, who, until the year 1780, had com- posed a large portion of the population of the towns in the south- eastern part of Vermont, had been gradually decreasing in power and numbers. At this period, a majority of the inhabit- ants of Guilford, a minority of the inhabitants of Brattlebo- rough and Halifax, the family of Charles Phelps in Marlbo- rough, and here and there an individual in Westminster, Rock- ingham, Springfield, and a few other towns, represented their full strength. Although in town elections they were sometimes placed in nomination against citizens of Vermont, yet the lat- ter were, with rare exceptions, successful in obtaining office on those occasions.
Guilford had been for several years, and was at this time, the most populous town in the state. This was not owing to any superior natural advantages, either as to situation or soil, but to the greater liberty which its citizens enjoyed. On the 19tlı of May, 1772, the inhabitants, at a district meeting, had refused longer to be bound by the terms of the charter they had received from New Hampshire ; had declared by vote, that Guilford was in the county of Cumberland, and province of
* Doc. Hist. N. Y., iv. 1010-1012. Slade's Vt. State Papers, pp. 173-176. Pa- pers relating to Vt. Controversy, in office Sec. State N. Y., p. 46.
424
HISTORY OF EASTERN VERMONT.
[1782.
New York ; and had chosen town officers agreeable to the laws of that province. "Having renounced their charter," observes Thompson, "and there being no government which really exercised authority over them, they continued to legislate for themselves, and tradition says that good justice was done." One principle in their abandoned charter was, however, ad- hered to, and " none but proprietors, or those who held under them, had a right to rule, or vote in their meetings." Thus did this little republic continue from year to year to be governed by the decisions of town meetings, and the excellent administration of its affairs and the inducements which were offered to settlers, clothed its fields with waving harvests, and adorned its hill-sides with cheerful dwellings. Not until the year 1777, when Vermont was declared an independent state, did those rivalries commence which for years afterwards dis- turbed the peace of this happy community, and finally resulted in its dissolution .*
In accordance with the terms of the act for enlisting soldiers in the service of Vermont, it had been reported that drafts would be made from Guilford. At this juncture the letter from Governor Clinton, declaring "resistance by force" to be justifiable, was circulated among the people. A meeting was immediately called in Guilford, which was largely attended by the Yorkers, the dominant party in that town, and the instruc- tions from New York were adopted. A vote was passed by which the people declared their determination "to stand against the pretended state of Vermont, until the decision of Congress be known, with lives and fortunes." As an evidence of their sincerity, Henry Evans, Daniel Ashcraft, and Nathan Fitch were directed to forbid the constable to act. Although the New York adherents were in the ascendant, yet the citizens of Vermont were by no means backwards in asserting their rights. One result of this loyalty was, that the affairs of the town were regulated by two distinct sets of officers, the one ap- pointed in accordance with the customs of the former state, and the other in accordance with those of the latter.
Instead of selecting the soldiers who were to serve in the Vermont militia from the citizens of that state residing in Guilford, the officers chose them from the opposition. Those who were drafted refused to serve, or to bear the expenses of a
* Thompson's Vt., Part III. p. 81.
425
SYMPTOMS OF A STORM.
1782.]
substitute. An open rupture could be no longer avoided. On the 10th of May, Simeon Edwards, William Marsh, and Eph- raim Nicholls, the selectmen of Guilford by the choice of the citizens of Vermont, directed the sheriff of Windham county, in the name of the state, to take the goods and chattels of Samuel Bixby, William White, Josiah Bigelow, Joel Bigelow, and Daniel Lynde, to the value of £15, that being the amount which had been expended by the state in hiring a man to do military duty in their behalf. The sheriff was further in- structed to sell whatever he should seize, at public vendue, and return the proceeds to the selectmen, "with all convenient dispatch." The warrant authorizing these proceedings was placed in the hands of Barzillai Rice, one of the sheriff's deputies, who determined to execute it immediately. On reaching the house of Hezekiah Stowell, a most violent Guil- fordite Yorker, he found a large company assembled, and among the number some whom he wished to see. Supposing himself secure from the danger of an attack, both by his official character and by the presence of two of the selectmen who had drawn the warrant, he made known his business, and his determination to obtain either the fines or their equivalent.
This declaration created much confusion, and angry words were heard from every part of the room. Opposition to the unjust demands of Vermont was loudly proclaimed, and it was plainly evident that words were to be but the prelude to action. William Shattuck, of Halifax, a leader among the Yorkers, failed not on this occasion to strengthen the minds of his friends. Mingling in the crowd, he counselled them to protect their rights ; to stand by their liberties ; and to repel the invasions of a usurped power. "I am a supporter of the opposition," he declared, "both in public and in private. I deny the authority of Vermont. The cause that I maintain is just, and I have done and will do all in my power to uphold it." With Shattuck the majority coincided. A few were disposed to settle the fines, provided satisfactory terms could be agreed on. For the sake of a more private interview, the deputy, selectmen, and those interested in the proceedings, repaired to the house of Josiah and Joel Bigelow. Henry Evans and William White, who acted for the five delinquents, having considered the subject at length, were finally agreed as to the course they should pursue, and requested the deputy to delay the execution of the warrant for twenty days, that they might have an opportunity to send
426
IIISTORY OF EASTERN VERMONT.
[1782.
to New York for instructions. This the deputy refused to do, and forthwith proceeded to carry off a cow belonging to Joel Bigelow, having first ordered all who were present to assist him in the execution of his office.
Evans, who had now become excited, interposed, ordered the deputy to be gone, threatened him with violence in case he should persist, and " damned the authority " under which he was presuming to act. Disregarding these expressions, the deputy persisted in the attempt, and took possession of the cow. Determined to release the animal and return her to her owner, a large crowd followed the deputy, awaiting a favorable oppor- tunity to accomplish their purpose. At length the voice of Capt. Joseph Peck of Guilford was heard ordering his men, who were present in the dress of citizens, to " embody to rescue." The command was obeyed, the deputy was surrounded by a mob of forty or fifty men, and the cow was seized and driven away in triumph .* Such was the result of this determination to resist the execution of the laws of Vermont. While the support- ers of the claims of New York exulting in the success which had attended this effort, were making every exertion to add to their strength and increase their efficiency, the citizens of Ver- mont were rejoicing that this forcible resistance had placed them in possession of an argument which would henceforth warrant them in punishing their opponents as disturbers of the peace and contemners of lawful jurisdiction.t
* In the presentment of the grand jurors of Windham county, made in Sep- tember, 1782, the following persons were charged with being engaged in the transaction mentioned in the text: Jotham Bigelow, Daniel Lynde, Joel Bigelow, Josiah Bigelow, William White, Samuel Bixby, Giles Roberts, Dean Chase, Ben- jamin Chase, Nathaniel Carpenter, Edward Carpenter, Asaph Carpenter, Daniel Shepardson, Adonijah Putnam, Nathan Avery, Josiah Rice, David Goodenough, John Stafford Jr., James Packer, Stephen Chase, Joshua Nurse, Noah Shepardson, Joseph Peck, Joshua Lynde, Shubael Bullock, Israel Bullock, Samuel Melendy, Joseph Dexter, Moses Yaw, Amos Yaw Jr., and Hezekiah Broad, all of Guilford; and Elijah Prouty and Benjamin Baker of Brattleborough. Besides these, there were present, Timothy Church of Brattleborough, William Shattuck of Halifax, Henry Evans of Guilford, and others whose names did not appear.
+ MS. Court Records. Thompson's Vt. Gazetteer, ed. 1824, p. 141.
CHAPTER XVI.
THE CIVIL SUSTAINED BY THE MILITARY ARM.
Convention of town representatives favorable to New York-Petition and remon- strance-Credentials-Charles Phelps-Novel punishment at Hertford-Letter of Richard Morris-Council of Appointment-Civil and military officers- Advice of Gov. Clinton to Col. Timothy Church-Act of the General Assembly of Vermont for the punishment of conspiracies-Isaac Tichenor's visit to the Yorkers-Anticipations of trouble-Meeting at Guilford-Letters from Gov. Clinton to Col. Church and to the supporters of the jurisdiction of New York- Determined conduct of the Yorkers-Col. Church resists the laws of Vermont- The command of the Vermont troops given to Ethan Allen-Preparations for attack and defence-The expedition-Col. Ira Allen's adventure-Bravery of Mrs. Timothy Phelps-Effects the escape of her husband-An amusing scene- Mr. Phelps is afterwards taken by Ethan Allen-The onset of the Guilfordites- Ethan Allen's famous proclamation-His force receives additions-The Yorkers imprisoned at Westminster-First day of the trial-Proofs of the seditious behavior of Church, Shattuck, Evans, and T. Phelps-Their sentence-Another attempt to take Charles Phelps-His library-Second day of the trial-Boast- ing of Ethan Allen-Remainder of the court session at Westminster-A special session at Marlborough-Trials and sentences-Samuel Ely's offence-His trial and punishment-Sufferings of the Yorkers.
THE excitement caused by this disturbance having partially subsided, representatives from the towns of Brattleborough, Guil- ford, Halifax, and Marlborough assembled in convention, on the 17th of May, and prepared a combined "remonstrance and petition " for the consideration of Governor Clinton. This pro- duction did not embody a specific narrative of the late resistance, but, in the most general terms, disclosed the fact that "intrigues, conspiracies, and insurrections " were "daily perpetrated " by the Vermonters ; that warrants were frequently issued for the seizure of the persons and property of the petitioners; and that usurpations had been "valiantly opposed " by the friends of New York. The petitioners declared it to be their intention to defend their rights by force, until "proper authority " should be instituted. At the same time they acknowledged that their
428
HISTORY OF EASTERN VERMONT.
[1782.
defeat was certain, unless they should receive external aid. For these reasons they prayed the Governor to use his influence in obtaining the appointment of a sufficient number of "prudent, just, and faithful officers, both civil and military, of every kind necessary or proper for all the purposes of an organized govern- ment," who should be forthwith sworn into office, and permitted to enter upon their duties. They also asked for permission to convey prisoners to any jail in the state of New York. That the Vermonters might have no cause to charge them with indifference to the common cause, they desired the Governor to command his subjects in Cumberland and Gloucester counties to raise a reasonable quota of men for the war, and collect means for their payment and support .* The establishment of courts of civil and criminal jurisdiction was declared to be indis- pensable to their safety, and the only means by which their enemies could be punished for the violation of the rights of the subjects of New York.
Appended to this document were the credentials of Charles Phelps, who had been selected to carry it to Poughkeepsie. In these credentials the subjects discussed in the petition were rehearsed in brief, and a few topics were considered which had been omitted in the latter. Mr. Phelps was directed "to urge" the Governor "with all possible assiduity and zeal" to send Judge Morris and his associates into the county of Cumberland, for the purpose of holding a court of Oyer and Terminer. Such a course, it was argued, would tend to the speedy establishment of legal rights ; and would prove to the citizens of Vermont the determination of the government of New York to protect its subjects from the ill treatment to which they were continually exposed. In the same paper Mr. Phelps was recommended as a proper person for first justice of the Inferior court of Cumber- land county, whenever such a tribunal should be established.
The documentary force of the agent was completed by a third paper, entitled, " Reasons to Induce His Excellency the Gover- nor, Judge Morris, the Attorney-General, and the Council of Appointment, to go into Cumberland and Gloucester Counties to appoint Civil and Military officers for the complete organizing them, and instituting civil and military Government and Courts
* Although the government of Vermont had divided the eastern portion of that state into the counties of Windham, Windsor, and Orange, as before stated, the supporters of the jurisdiction of New York recognised only the old divisions.
429 ·
CIVIL AND MILITARY APPOINTMENTS.
1782.]
of Justice, as fully to all intents and purposes as in any other Counties in the State." These reasons were two in number. In the first place it was stated, that such a visit would " fully con- vince the New York state subjects" that the Legislature had determined to defend them from the encroachments of a rival power, and would "naturally embolden" them to exert them- selves "in every possible, lawful, prudent manner," to support the government which offered them protection. A second result, it was declared, would be to "sink the hearts and deaden the resolution of all the Vermont party ; intimidate their guilty and dejected minds ; enfeeble their resolutions against us, and whol- ly enervate all their ambitious, malignant, avaricious, and de- spotic designs, so arrogantly formed against us and the right- eous administration of the state." Such were the consequences which were expected to follow the exhibition in Vermont of some of the state officials of New York. The petition, creden- tials, and reasons, were all composed by Charles Phelps, and in style and argument, evinced an originality worthy of notice. Armed with these missives, the agent set out for Poughkeepsie, resolved to save the " half-ruined state" as he called New York, provided eloquence and logic were allowed to exert their proper influence .*
While in Windham county the difficulties which prevailed, seemed to spring principally from political causes, there would sometimes happen in other portions of the eastern section of the state disturbances originating in a dislike of the delay which usually accompanied the execution of law. An incident which occurred at Hertford, originated in a sentiment of this nature. John Billings of that town, having been guilty of some con- temptible act, was threatened with punishment. This was in- flicted in such a manner as to cause considerable physical suffer- ing, and was humiliating in the extreme. On the night of the 30th of May, a party of men composed of Jedediah Leavins, Phine- has Killam, James Williams, Timothy Lull Jr., Aden Williams, Timothy Banister, Simeon Williams, Joab Belden, and William Miller, all of Hertford, and Moses Morse and Amos Robinson of Windsor, "with force and arms, unlawfully, riotously, and routously" assembled and assaulted the unfortunate citizen. As was more clearly set forth in the presentment of the grand jury, they " did beat, wound, and ill-treat" him by " placing him on
* George Clinton Papers, in N.Y. State Lib., vol. xv. doc. 4527.
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HISTORY OF EASTERN VERMONT.
[1782.
an old horse without a saddle, tying his feet under the belly of said horse, and hanging to his feet a very heavy weight, and in that situation causing him to ride to a considerable distance, by which he suffered great pain and inconvenience." Scenes of violence are necessary concomitants of a new settlement. Vermont, it is seen, did not present an exception to the general rule. In the present instance, however, the law asserted its power, and the disturbers of the public peace and the infringers of Mr. Billings's personal rights, were punished by pecuniary mulcts, and were compelled to bear the costs of the prosecu- tion .*
On his way to Poughkeepsie, Mr. Phelps visited Chief-justice Richard Morris at Claverack, and made known to him the ob- ject of his mission. He also detailed the events which had lately occurred in the southern part of Vermont; laid before the Judge the different papers with which he had been entrust- ed ; informed him that the Governor, the Attorney-General, and the Council of Appointment were to start immediately for the disaffected district for the purpose of organizing a govern- ment and establishing courts of justice on a solid basis ; and as- sured him that it was absolutely necessary that he should accom- pany them. Although several of these statements were gratui- tous on the part of Phelps, yet they were pressed with so much urgency that they received immediate attention. "I cannot find out," wrote Morris to Clinton, on the 2d of June, with re- ference to Phelps, " that he wants me for any other purpose than to talk to the people, and I am sure that he so far excels me in that business, that I shall rather expose myself than be of any advantage. But jokes apart, if you are going into that country, and you think my presence will be useful, though I can illy spare the time or money that must be spent, I will, with pleasure, accompany you." He also expressed his concurrence in the contemplated movement to appoint officers in the coun- ties of Cumberland and Gloucester.t
On reaching Poughkeepsie, Mr. Phelps committed the papers with which he had been entrusted to Governor Clinton. The Council of Appointment who were then in session, evinced a disposition suited to the emergency. They decided in the out- set, that the loyal inhabitants of the northern district of the state were entitled to protection, and to the actual presence in
* MS. Court Papers.
t George Clinton Papers in N. Y. State Lib., vol. xv. doc. 4565.
431
POWERS OF JUSTICES.
1782.]
their counties of proper civil and military officers selected from their own number. On the 5th of June, Charles Phelps, James Clay, Eleazer Patterson, Hilkiah Grout, Simon Stevens, Elijah Prouty, Michael Gilson, Samuel Bixby, Daniel Shepardson, Hezekiah Stowell, Bethuel Church, John Pannel, Nathan Fish, Joseph Winchester, and Daniel Kathan, were appointed justices of the peace for Cumberland county. In their commission, power was given them to order the arrest of those persons who should threaten any of " the good people" of the state, "in their persons, or in burning their houses," and to keep them "in prison safe," until they should find security for their good behavior. To the first seven persons named in the justices' commission, were also given the name and power of justices of the quorum ; and to any three of this number was entrusted the "right to enquire by the oaths of good and lawful men," residents of the county, concerning such offences as were within the cognizance of a justice of the peace, and to determine upon them. They were also empowered to examine into the conduct of those who should "presume to go, or ride in company with armed force," for the purpose of opposing the people of the state of New York, or who should lie in wait with intent to maim or kill any of them .; and they were further directed to take notice of all attempts to set aside the laws and ordinances of the state. The justices of the quorum were also appointed justices of the court of Oyer and Terminer, and general jail delivery. To Charles Phelps, James Clay, and Hilkiah Grout, was given power, as commissioners, to administer the oath of office to all civil and military appointees.
Of the regiment which had been established for several years in the southern part of the county of Cumberland, Timothy Church was appointed Lieutenant-Colonel Commandant ; Wil- liam Shattuck First Major, Henry Evans Second Major, and Joel Bigelow Adjutant. The commissions of all the officers were prepared without delay, and delivered to Mr. Phelps, who immediately set out on his return. He was also the bearer of two letters from Governor Clinton, one for the convention of the committees, and the other for Colonel Church. In the former, his Excellency stated that it had not been deemed advisable to appoint judges for the courts of Common Pleas, as the opening of those courts was not then "essential to the pre- servation of peace and good order," and might be attended with inconvenience; that it was not the intention of the state to
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