USA > Vermont > History of eastern Vermont, from its earliest settlement to the close of the eighteeth century with a biographical chapter and appendixes > Part 45
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In accordance with her usual custom on this day, sacred to the rites of the wash-tub and the pounding barrel, Mrs. Phelps with three attendants, namely, a maid-servant, a little flaxen- haired alms-house boy about ten years of age, named Caleb Pond-who then, as in after life, manifested that prudence,
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HISTORY OF EASTERN VERMONT.
[1782.
keenness, artifice, and tact, which were the basis of his success in whatever work he engaged-and her son John, had repaired to a little arbor near the fording of Mill brook, for the purpose of " doing up the weekly washing." She had hardly got well into the suds when her attention was attracted by the tramp of feet, and looking up from her work she saw, splashing into the ford-way, more than forty armed men, (for the party had been doubled since it entered Marlborough) all mounted, with swords glittering in the sunlight, piloted and conducted-as she no- ticed with sorrow and surprise-by her old friend and neighbor Colonel Williams. As soon as they had reached the spot where she was stationed, with the spirit of a noble woman whose privacy had been invaded, and with an air as undaunted as that of a hero, she stepped forward and said : "Colonel Williams, you grieve and amaze me. I had not expected such meanness and treachery from a friend like you." With these words, and without waiting to hear the apology which Williams was striv- ing to stammer out, she took her son by the hand, and having ordered her maid to run on, proceeded with quickened step towards her residence a quarter of a mile distant. Meantime the attentive little flaxen-haired youth, having, as if by instinct, snuffed the object of this warlike movement, betook himself off with greyhound speed, in the same direction, but by another route. Favored by the cover of a grove of poplars, he suc- ceeded in reaching the house without attracting attention, and warned his master of the danger which threatened. No second intimation was needed, and in a few minutes Phelps had gained a place of concealment, as satisfactory to himself as it was diffi- cult of detection by his pursuers.
Crestfallen and ashamed, Williams had disappeared by some obscure pathway, leaving Allen and his company to act as their own guides. Arriving at their destination, the gallant horse- men wheeled in great military display, and having ridden around the house two or three times, dismounted, forced the door, and went in. Mrs. Phelps, who with her son had ap- proached by a shorter route, entered her dwelling a few moments later, to find it filled by the soldiers whom she had encountered at the brook. "Cowardly miscreants !" she ex- claimed, as she glared upon them with a look of scornful con- tempt. A volley of angry eloquence followed this fierce begin- ning, and the downcast looks and uneasy movements of the party showed but too plainly how poorly they were prepared to bear
4-43
FIRM AND PRUDENT CONDUCT OF MRS. PHELPS.
1782.]
the taunts of a justly enraged woman. Many of them were gentlemen of true spirit, yet on this novel occasion, generous and gallant though they might be, they were perplexed to know how to act. Wishing to end their unpleasant task as speedily as possible, they desired Mrs. Phelps to conduct them to her husband. Her reply was a refusal to gratify their wishes, and a defiance of their power. Enraged at their persistence in searching and inquiring for Mr. Phelps, his loyal wife endea- vored to drive them from the house. Armed with a large kitchen fire-shovel, she warned them to leave, in a firm though stormy and indignant manner. With her little boy at her apron strings, she pursued her unwelcome visitors not only with fierce looks, but with quickened steps and threatening gestures. At one time one might have seen them dodging into a corner, as if to escape an impending blow ; at another, endeavoring to pro- voke a laugh by some affected attempt at wit. But such a scene could not long continue. Her opponents were men whose lessons in the school of humanity had not tended to make them proficients in the employment in which they were now engaged, or taught them to make war on a defenceless woman, or ruth- lessly break the door of her private chamber. The affair had by degrees assumed a farcical aspect. A smile was seen on this face and a smile on that. Pleasant expressions of countenance multiplied in all directions. A laugh followed-a general laugh, in which not only the brave soldiers, but the heroic woman and her little boy all joined. Good feeling was restored, and then the party were told by Mrs. Phelps in a solemn manner, that her husband was not in the house. Satisfied with this state- ment, which was true, they apologized for the conduct which they had been obliged to exhibit, and departed with words of courtesy and respect.
Although Phelps had escaped the present danger, through the interference of his wife, yet his prudence did not avail to protect him from the search of his pursuers. Whether a guard was set to watch for his appearance, or whether, as is most likely, he chose to suffer with his friends, and with this design showed himself in public, does not plainly appear. Before the day had closed he was a prisoner in the hands of the Vermont- ers. The circumstances of his capture rest partly on tradition. As Ethan Allen approached him, Phelps in a loud voice announced himself as the high sheriff of Cumberland county, bade Allen go about his business, denounced his conduct and
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HISTORY OF EASTERN VERMONT.
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that of his men as riotous, and ordered the military to disperse. With his usual roughness, Allen knocked the hat from the head of the doughty sheriff, ordered his attendants to " take the d-d rascal off," and galloped away to superintend the operations of other portions of his forces.
Since morning the strength of the Vermonters had been con- siderably augmented by the militia of Windham county. Cap- tain Warren of Marlborough had brought twenty-seven men into service ; Captain Duncan of Dummerston eighty-three ; Captain Wheeler of Wilmington forty-six; Lieutenant Moor of Cumberland twenty ; and another officer twenty. By these additions from the brigade of Brig .- Gen. Samuel Fletcher, who commanded in person, and who was supported by Col. Stephen R. Bradley, Lieut .- Col. Charles Kathan, and Adj. Elkanah Day, the Vermonters were able to present a force of four hundred men, ready to act as should best serve the purposes and welfare of the state. Detachments had been sent into the towns of Brat- tleborough, Halifax, and Guilford. In the latter place, Ethan Allen towards the close of the day awaited the arrival of prisoners from the neighboring towns. Col. Walbridge, who, with a party of men, had been sent into Halifax, succeeded in arresting Maj. William Shattuck, Capt. Thomas Baker, and Ensign David Lamb, three of the leading Yorkers in that town, and conducted them under a strong guard to head-quarters. In Guilford, Maj. Henry Evans and a number of others were taken, and although resist- ance was offered, yet the Vermonters were not only too nume- rous, but were also too free in the use of powder and ball to be overcome by their surprised and unarmed opponents.
In the evening, with the view of reaching Brattleborough that night, Ethan Allen, with his troops and prisoners, left Guil- ford. Meantime the Guilfordites had assembled, with a deter- mination to defend their lives and property, and to the number of forty-six had stationed themselves by the side of the road over which the Vermonters were to pass. As the latter came in sight, they were received by a volley from which they were glad to retire with all the speed which they could command from their jaded horses. Having reached a place of security, a con- sultation was held, and propositions of a savage nature were discussed during the half hour they were in conclave. Some demanded of their leader that a prisoner should be sacrificed for each one of his men who should be killed by the Yorkers, while others advocated the observance of the common rules of war-
V
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DOINGS OF ETHAN ALLEN.
1782.]
fare. Aware of the power of his presence, and of the terror which he was able to inspire in others, Allen again placed himself at the head of his men, and having ordered that mercy should be shown to no one who should offer resistance, returned on foot to Guilford. He advanced without molestation, and on reaching the town made proclamation to the people in these words :- "I, Ethan Allen, do declare that I will give no quarter to the man, woman, or child who shall oppose me, and unless the inhabitants of Guilford peacefully submit to the authority of Vermont, I swear that I will lay it as desolate as Sodom and Gomorrah, by God." Words like these uttered by one whose name was a terror, and supported by men enraged and resolute, could not be disregarded with impunity. No sooner did the attack begin than the terrified Guilfordites fled in the utmost confusion, leaving behind them neither the dead, the dying, nor the wounded-leaving nothing but the remembrance of their presence and the prints of their retreating footsteps. Allen and his detachment, satisfied with their victory, were allowed to make their journey to Brattleborough without further moles- tation.
On reaching this place, the party was augmented by the de- tachments which had been sent in pursuit of offenders, and by a number of prisoners. Among the latter was Timothy Church, Lieut .- Colonel Commandant by appointment of Governor Clin- ton, of the militia in Cumberland county. On the 10th, the prisoners set out under a strong guard for Westminster. To ensure protection to his men, general orders were given by Ethan Allen to kill without quarter any person who should fire upon the troops ; and the greatest precaution was taken to pre- vent a rescue on the part of the Yorkers. As soon as the irrup- tion of Allen and his troops became known, many of the mili- tary companies in the county immediately marched to his aid, and placed themselves at his service. The militia of the west parish of Westminster, though regularly organized, were for - some time in doubt as to the course they ought to take. True to the cause of Vermont, they were still unwilling to assist in disturbing their neighbors, who differed from them on the question of jurisdiction. But on the morning of Tuesday the 10th, although their captain, Deacon Ephraim Ranney, refused to lead them, they concluded to wait on Gen. Allen, and with this intention were advancing towards Brattleborough, when, on the "edge of Dummerston" they met him and his forces.
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HISTORY OF EASTERN VERMONT.
[1782.
Turning about they joined his retinue and accompanied him to Westminster where the prisoners, twenty in number, were lodg- ed in the jail which was guarded by a strong force.
Though deprived of their liberty, the captives were not restrained in the use of the tongue. Phelps declared, that as sheriff of Cumberland county he had a right to command the jail, but the assertion had no perceptible effect, either on Jona- than Hunt the sheriff of Windham county or on George Foot the jailer. " You have used us well," said Church to the guards, "and I expect soon to have you confined, and I will treat you likewise. To-morrow morning, by nine or ten o'clock, you shall be here in our stead, and we will be walking about." Evans entertained the same opinion ; and they all announced with con- fidence the speedy arrival of a force from New York which would release them from prison, and punish the mob for their insolent and seditious behavior.
But their predictions, with whatever sincerity they might have been uttered, were not to be fulfilled. On the 11th, a special term of the Superior court was commenced at West- minster. The bench was occupied by Moses Robinson, the chief judge, and by Dr. Jonas Fay, John Fassett, and Paul Spooner, side judges. Stephen Row Bradley appeared as the state's attorney, and William Gould as clerk. A grand jury was drawn of which William Simonds was foreman, and the court was declared duly organized. In the means which had been employed to arrest the obnoxious Yorkers, lit- tle attention had been paid to legal forms, and the civil had been almost wholly superseded by the military arm. For this reason great care was now taken that all omissions should be supplied, lest the disregard of laws and statutes which had been manifested should be quoted as a precedent on some future occasion. The principal offenders were first brought to trial. The presentment made by the grand jury, contained charges against Timothy Church, William Shattuck, Henry Evans, Ti- mothy Phelps and Charles Phelps. In the quaint, but emphatic language of the old forms, " not having God before their eyes, but being moved and seduced by the instigation of the Devil," it was asserted that, on the 1st of August preceding, at Guilford, and on other occasions, both before and after that time, they did " with force and arms treacherously and perfidiously con- spire an invasion, insurrection, and public rebellion against this state, by their treacherously assembling together, consulting and
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TRIAL OF THE YORKERS.
1782.]
advising together of the means to destroy the constitution of this state, and subvert the freedom and independence of the go- vernment thereof." It was also charged, that in order to accom- plish these ends, and to bring the government into the hands of the people of the state of New York, they had written letters and sent messengers to Governor George Clinton, calculated to incite him to invade the state of Vermont ; and that they had often met for the purpose of imprisoning the freemen of the state, and withstanding its lawful authority. Strenuous efforts had been made to arrest Charles Phelps, whose name was included in this indictment, but he had succeeded in eluding the vigilance of the militia. All the others against whom charges were found were called to the bar, and being put to plead, pleaded not guilty, and for trial "threw themselves on the country." A jury was accordingly empanelled and the trial began.
In support of the charges alleged, fifteen witnesses appeared who testified to the seditious behavior of the accused both in word and. act, on many occasions during the preceding six months. It was shown that Church had refused to submit to an execu- tion which had been levied upon his property (or, in case this could not be seized upon, himself), and, that he, with the aid of his friends, had resisted and repulsed the sheriff when he endeavored to arrest him; that he had received the civil and military commission papers which had been sent from New York, and had distributed them as directed; that he had always been at the committee meetings of the Yorkers, and had encouraged the people to opposition by asserting that Gov. Clinton had engaged to send an armed force into the county, and by adding his opinion that the Governor would be as good as his word. But it also appeared that he had distrusted the issue of the cause in which he was engaged, for he had once stated that if the Yorkers could not carry their points, he would submit to the government of Vermont. It was proved that Shattuck, when starting for New York early in the summer, had boasted that he should obtain assistance from government, and would "drive the matter warmly " when he returned ; that he had counselled the people to continue their opposition to Vermont ; had declared that he would do all that he could both in public and private to oppose the state ; and had verified this declaration by his acts. The testimony concerning Evans showed that he had often avowed his determination to with-
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HISTORY OF EASTERN VERMONT.
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stand the jurisdiction of Vermont even "unto blood," and to use his own words, had declared his readiness " to try it on " whenever the Vermonters should see fit to fight; that he had resisted Vermont constables ; had assisted in rescuing property that had been lawfully seized by the sheriff ; and had expressed his hatred of the new state and its officers in the most violent and seditious terms. Evidence was also adduced, proving that Timothy Phelps, in the capacity of high sheriff of Cumberland county by appointment of New York, had often said that he would execute warrants "at the risk of his life ;" that he had even endeavored to seize a Vermont constable, and had in one instance arrested a man, conveyed him to his (Phelps's) house, and there kept him under guard until he was retaken by his friends.
Such was the nature of the testimony introduced by the pro- secuting attorney. It does not appear that any attempt was made by the defendants to disprove the statements of the opposing witnesses, and in this condition the cases were left with the jury. By their verdict the delinquents were found "guilty of the facts charged in the indictment." The court therefore gave judgment "that Timothy Church, William Shattuck, Henry Evans and Timothy Phelps be each of them taken from the bar of this court back to the common gaol of this county, there to remain in close imprisonment until the 4th day of October next ; and that they be then taken by the sheriff of the said county from the said common gaol and car- ried without the limits of this state ; and that they be then and there forever banished from this state, not to return thereto on penalty of death; and that all their goods, cliattels, and estates be condemned, seized and sold, as forfeited to the use of this state." The first part of this sentence was immediately carried into execution, and the prisoners were confined in the jail rooms on the lower floor in the north part of the building in which the court were convened. Attachments were also issued, and officers were dispatched to take the property of the crimi- nals. Of the effects of Shattuck, a constable made return that he had attached "about eighty acres of land in Halifax, with the buildings thereon standing; about ten tons of hay ; a small quantity of rye in sheaf ; a considerable quantity of flax spread on the ground; and about two or three acres of Indian corn standing on the ground." In the words of Timothy Phelps, " all his goods were sold, except his wife's apparel, the beds, and one cow." The estates of the others were taken in like
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PROCEEDINGS AGAINST CHARLES PIIELPS.
1782.]
manner, and the proceeds of the sales which followed, were appropriated to the use of the state.
Although Ethan Allen and his men had failed in their attempt to arrest Charles Phelps, another effort, instigated by the state's attorney, was made to take him. In the complaint presented to the court in this case, charges similar to those which had been brought against the other offenders were preferred. In addition to these it was stated that Phelps had brought into the state of Vermont, " a seditious libel, tending to stir up a public rebellion ;" that he had written, printed, and published abroad, " a seditious libel, with a manifest intent, wittingly and design- edly to raise an insurrection and public rebellion" against the state; and that there was the highest reason to believe that there were in his possession " a number of books, writings, and manuscripts," whose tendency was to weaken and destroy the government and constitution as established. A warrant for his arrest, and for the seizure of his books, was accordingly issued. The search for Phelps was unsuccessful, but his books and manuscripts were seized, and having been brought into court were retained as confiscated to the state. Such of them as were obnoxious were probably destroyed or concealed, and the remainder were sold under the hammer .*
On the 12th a number of the other delinquents were brought to trial. Complaint was made against Joseph Chamberlain, Joseph Whipple, and Jonathan Church, who, on the 22d of August previous, had rescued Timothy Church from the hands of the sheriff as has already been related. Chamberlain was adjudged guilty of participating in this act, and was sentenced
* The library of Charles Phelps, was, it is supposed, the most valuable in the state of Vermont, at the period to which allusion is made. The sale of this col- lection, enriched many a previously scantily-supplied shelf. Even now the old volumes of this uncompromising Yorker, are to be found scattered here and there in the farm houses of the descendants of those who bought them in those troublous times. Among the works seized by the sheriff, were a number belonging to Mr. Phelps's son, Solomon. By a special order of the court granted at the session in February 1783, it appears that "Salkeld's Reports, 1 vol., Milton's Paradise Lost, Telemachus, 2 vols., Lord Bacon's Essays, and such other books as the said Solo- mon Phelps's name is inserted in," were restored to that gentleman. This dis- position to make restitution did not long continue. By an entry in the Journals of the Assembly of Vermont under date of the 14th of October, 1783, it appears that " the petition of Solomon Phelps representing that a number of his books, seized by order of the Supreme court, are in the possession of Stephen R. Bradley, Esq., and praying an order of this House for the restoration thereof," was read, and dismissed by a resolution.
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HISTORY OF EASTERN VERMONT.
[1782.
to pay a fine of £20, also the costs of prosecution, and to stand committed until judgment should be complied with. Of those who had been engaged at Guilford on the 10th of May pre- ceding, in rescuing a cow which had been taken on execution by deputy sheriff Barzillai Rice, Joseph Peck who acted as a ringleader on that occasion, was declared guilty of the charges preferred against him, and was mulcted in the sum of £30 and costs. Asaph Carpenter, Edward Carpenter, and Shubael Bul- lock who had assisted in the rescue, were fined £20 and costs. Stephen Chase who pleaded guilty to the same charge, was released on giving bail to the amount of £30, to be forfeited in case he should leave town without the order of the court. On the following week he was fined £4 and costs .* A present- ment was then made by the grand jury charging that Joseph Peck, " on the 1st day of July last past, not being a continental officer, did accept and hold a commission, not derived from the authority of the people of this state, to wit, a commission of captain of part of the militia of Guilford, under the authority of the people of the state of New York, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the freemen of the state of Vermont." The charge was not, however, sustained. Peck was declared not guilty, but was obliged to discharge the costs of prosecution. This failure to prove the accusation, arose from an error in the indictment. It was charged that he held a captaincy under New York, " on or about the 1st day of July last past." His commission, on the contrary, bore date the 24th of July, and he did not receive it until the beginning of August. Twenty other persons were presented by the grand jury as holding commis- sions derived from New York, but as many of them had not been arrested, it was thought best to delay the prosecution, and the cases were for the present reserved.
The circumstance and result of the irruption of the Vermont- ers, were early made known to the border residents of New Hampshire and Massachusetts, and were accompanied with earnest and oft-repeated applications from the Yorkers for assistance. Some of the inhabitants of Massachusetts were dis- posed to grant the desired aid, and letters and messengers were dispatched in various directions to ascertain the opinions of
* In answer to an application made by Chase, the fine was remitted by a reso- lution of the Council of Vermont, passed June 8th, 1785.
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NOISY BOASTFULNESS OF ETHAN ALLEN.
1782.]
those with whom rested the power of deciding upon the pro- priety of interference. One officer wrote to another in these words :- "I recommend it to your wise and prudent considera- tion, if it be not our duty to recommend it to our officers and soldiers to ride up, armed well, to Guilford where they are committing those war hostilities." Then, referring to the Yorkers, he added :- "You and I are, with all the United States, bound by the confederacy to protect them from all such vio- lence." But a sentiment adverse to interference prevailed, and Vermont and New York, occupying now a position clearly antagonistic, were left to pursue the course which strength or policy might dictate.
Flushed with success, Ethan Allen was unable to restrain his blatant boasting and vulgar oaths. Against Clinton, in particu- lar, did his wordy rage vent itself in torrents of abuse. "Had I but the orders," said he, "I could go to Albany and be head monarch in three weeks, and I have a good mind to do it." In an interview which he held with Shattuck, he endeavored to persuade him to renounce his allegiance to New York, and unite with Vermont ; assured him that Congress had no right to pass any resolutions respecting Vermont ; and employed a variety of arguments to show that Congress were in reality willing that Vermont should be a separate state. This latter argument was also made use of by the state's attorney. "You are deceived by Congress," said he to the prisoners; " you have placed your dependence upon the hope of obtaining from them a decisive resolution favorable to your desires, and have been . duped."
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