USA > Vermont > History of eastern Vermont, from its earliest settlement to the close of the eighteeth century with a biographical chapter and appendixes > Part 46
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The remainder of the session was occupied in disposing of such minor matters as required immediate attention. Knowing that the arrest of many of those who had been charged with seditious behavior would be attended with great difficulty, the court chose to pursue towards them a method more stringent even than that which had been already adopted. By a stretch of power they resolved on the 13th, to seize and confiscate the estates of the Yorkers against whom they held warrants but whose persons they could not find. To enforce this resolution, Ethan Allen determined to make a new levy, and requested Gen. Fletcher to raise in his brigade "two hundred able, effect- ive men, equipt for war to assist the civil authority in carrying into execution" the laws of the state. Of this number, Fletcher desired Col. Stephen R. Bradley to raise in his regiment one
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HISTORY OF EASTERN VERMONT.
[1782.
half, either " by draft or volunteers ;" to supply them with three days' provisions ; and march them " so as to rendezvous at Landlord Arms's in Brattleborough on Monday evening next in order to advance to Guilford on Tuesday morning."
Aided by a posse comitatus of such power, the sheriff and his assistants experienced but little difficulty, and no opposition, in performing the task assigned them. The result of their foray was entirely successful. The terrified Yorkers fearing Ethan Allen " more than the devil" as some of them declared, fled from their farms and dwellings at his approach, leaving every- thing at the mercy of their opponents. Upon these deserted premises the Vermonters entered, taking in the name of the state whatever they desired. They drove off one hundred and fifty head of cattle besides sheep and hogs unnumbered. They took possession of barns well filled with produce, thrashed out the grain and carried it away. They left warrants for those whose property they had despoiled, but whose persons they had not yet taken, and informed them by message that they would be bound for trial or committed to jail should they be once ar- rested. On Saturday, the 14th, the court adjourned sine die, and the prisoners who had not yet been brought to trial, and who had been taken since the session began, numbering thirteen in all, were subsequently marched to Marlborough there to await the further order of their captors.
In order to satisfy the demands of justice, another special ses- sion of the court was commenced at Marlborough, on Tuesday, the 17th. On this occasion the indictments were drawn with care, and no difficulty was experienced in obtaining a conviction. Hezekiah Broad, Daniel Lynd, Joshua Lynd, and Samuel Me- lendy, all of Guilford, pleaded guilty to the charge of having been engaged in rescuing a cow from the hands of the deputy sheriff on the 10th of May previous. Broad was fined £12; Daniel Lynd, £4; and Melendy £3. Each was required to dis- charge the costs of his suit, and to enter into a recognizance to the amount of £50 " to be of good behavior towards all the good and liege subjects of this state, till the 1st day of February, A. D. 1783." Joshua Lynd was mulcted in the sum of £2 and costs. Thomas Baker confessed to the acceptance from the state of New York, of a captaincy in the militia company of Halifax ; David Lamb to the acceptance of an ensigncy in the same organization; Simeon Ferrel and Isaac Weld to the ac- ceptance, the one of an ensigncy and the other of a lieutenancy
453
FURTHER PROCEEDINGS AGAINST YORKERS.
1782.]
in the Guilford militia ; and John Alexander to the acceptance of a lieutenant's commission in one of the companies of Brattle- borough. Baker's fine and costs were fixed at £7 15s. 6d .; those of Lamb, at £7. Weld was fined £2 10s. and costs. Fer- rel* and Alexander were mulcted the one in the sum of £2, and the other in the sum of £20; both were charged with costs and were required to enter into a recognizance of £50 each, to be forfeited in case they should not act with propriety during the next four months and a half. Joseph Coleman and Eleazer Church charged with disobedience to the laws of the state, gave bonds for their good behavior and were acquitted without fine.
On the 19th, the last day of the session, Samuel Ely of Con- way, in the county of Hampshire, Massachusetts, but lately a resident in the town of Wilmington, Vermont, was brought to the bar for trial. A bold, but rash and impetuous man, he had served in the battle of Bennington as a volunteer, and being connected with no company or regiment had fought without the advice or direction of any person. He had been court-mar- tialed after the action on account of his singular conduct in retaining a large amount of valuable plunder, but had been honorably discharged on proof that he had taken only such arti- cles as he had won in his own independent method of warfare. Since that period his restlessness had engaged him in many scenes of an unpleasant nature, and had finally resulted in his arrest under the laws of Vermont. In the presentment of the state's attorney, it was charged that the prisoner, "not having God before his eyes, but being moved and seduced by the instigation of the Devil; and little regarding the laws of this state or the penalties in the same contained; and being a pernicious and seditious man, and a person of depraved, impious and disquiet mind, and of a seditious disposition and conversation ; and con- triving, practising, and falsely, maliciously, turbulently, and sedi- tiously intending the peace and common tranquillity of the free- men of the state of Vermont to disquiet, molest, and disturb ; and to bring his Excellency, Thomas Chittenden, Esq., Gover- nor of said state, the Honorable Council and House of Represen- tatives (being the general supreme court of justice in the afore-
* At the conclusion of the trial, Weld took the oath of allegiance to Vermont in open court. By an entry in the Council records of the state, dated Westmin- ster, October 18th, 1783, and signed by Lot Hall, secretary pro tempore, it appears that the fines of Weld and Ferrel were remitted on that occasion, upon the plea of Thomas Cutler.
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HISTORY OF EASTERN VERMONT.
[1782.
said state of Vermont,) and the proceedings of the same into great hatred, contempt and scandal with all the good and faith- ful subjects of this state; and the magistrates, judges and jus- tices within said state, and the generals, colonels, captains and other military officers of this state to scandalize, villify and bring into contempt"-in the presentment it was charged that the prisoner influenced by these unworthy motives, and in order " his most wicked contrivances, practices, and intentions afore- said to compleat, perfect and render effectual," did on the 10th of July preceding, and at other times, " say, assert, affirm and pronounce, and with a loud voice did declare these false, mali- cious, seditious and opprobrious English words following, that is to say :- ' The state of Vermont is a damned state, and the act for the purpose of raising ten shillings upon every hundred acres of land is a cursed act, and they that made it are a cursed body of men.'" It was also asserted that "in further prosecution of his malice" he did publicly declare "that the general or supreme court aforesaid were a pack of villains, and that if no other person would undertake to overturn or destroy the govern- ment of Vermont, he, the said Ely, would do it, and he had got that in his pocket which would overset them." In addition to these charges it was alleged that he did "damn the state of Vermont and all its officers, and did curse the laws of the same as passed by the General Assembly thereof." Such were the accusations which the redoubtable Ely was called upon to con- front.
Witnesses from Wilmington testified to the truth of the charges, and the jury announced to the court through their foreman Jonathan Underwood, their decision that the prisoner was guilty of a breach of an act of the state, entitled " An act for the punishment of defamation." In conformity with the choice vested in the court to punish defamers by fine, imprison- ment, disfranchisement or banishment, according to the nature of the offence, Ely was ordered to be taken to the guard house in Marlborough ; thence, on the morrow to be conveyed to the limits of the state ; to be then banished and forbidden to return until eighteen months from date should have expired, on penalty of being imprisoned the same length of time.
With this trial ended the first resolute attempt of the govern- ment of Vermont to enforce obedience to the laws of the state by the civil and military arm combined. The proceedings attendant upon this manifestation, were, in some instances,
455
UNNECESSARY SEVERITY.
1782.]
unnecessarily severe and cruel. Many of the prisoners during their confinement at Westminster and Marlborough, suffered severely from want of food and other necessaries. Two of them, during eleven days' imprisonment, were allowed but four meals of victuals by their guards. Ethan Allen himself acknowledged, that the method which had been pursued by him was "a savage way to support government." At the same time he declared that he could not have carried his point in any other manner. Satisfied with the policy that had induced these acts, he and his friends exchanged congratulations at the part they had taken in the Guilford war, and made known their determi- nation to present to Congress a full report of their doings .*
* MS. Records of Superior court of Vt., Sept., 1782. MS. Depositions. Laws of Vt. Various MS. Testimony, Letters, Affidavits, etc. Thompson's Gazetteer, p. 143.
CHAPTER XVII.
ATTEMPTS TO OBTAIN THE INTERFERENCE OF CONGRESS.
Charles Phelps and Joel Bigelow repair to Poughkeepsie-Public and private letters of Gov. Clinton to the New York delegates in Congress-Clinton to Bigelow- New York delegates to Clinton-Depositions of Yorkers-C. Phelps proceeds to Philadelphia-Church, Shattuck, Evans, and T. Phelps-Statement of grievances by the New York adherents- Shattuck and Evans with Gov. Clinton-C. Phelps before Congress-Shattuck and Evans visit Philadelphia- Action of Congress-Persistence of C. Phelps-Congressional resolves-Desti- tution of Shattuck, Evans, and C. Phelps-Resolutions of the 5th of December -Further action of Congress-Gov. Clinton to the convention of committees- Strife between the Yorkers and Vermonters-Proposal for a temporary settle- ment of difficulties-John Bridgman taken, and released on parole-Governor Chittenden's letter about the Yorkers-Report that Col. Church was to be hanged-Effect of the resolves of the 5th of December-Correspondence between the Yorkers and Gov. Clinton-Letter from Governor Chittenden to the President of Congress-Remonstrance of the General Assembly of Vermont to Congress.
ON the 11th of September, the day on which the trials of the prisoners taken by Ethan Allen commenced at Westminster, a number of the citizens of New York, in Cumberland county constituted Charles Phelps their agent to visit Governor Clin- ton, to repair to Congress, and to act for them in matters per- taining to the controversy, " as he in his prudence and discre- tion," should think proper. Knowing that a warrant had been issued for his arrest, and that the militia were endeavoring to take him, Phelps strove to avoid their vigilance and ulti- mately succeeded. Though desirous of visiting his family before proceeding on his mission, he was obliged to leave with- out seeing them. While on the road and before he had left the state, he was pursued by eight or ten men for several miles, but fortunately escaped. Having obtained a supply of clothing from his friends in Hadley, he made the best of his way to Poughkeepsie. On the same day Joel Bigelow, of
457
ADVICE OF CLINTON.
1782.]
Guilford, left for the same place, for the purpose of acquainting Governor Clinton with the late proceedings. Travelling with greater expedition than Phelps, he reached Dutchess county before him, and, on the 15th of September, made a deposition before Justice Melancton Smith, concerning the conduct of the Vermonters, and the manner in which they had been received by the Yorkers. This deposition was immediately transmitted to the delegates in Congress from New York, with a request that it might be communicated to Congress as soon as possible, inasmuch as it clearly evinced the necessity of a speedy determination of the boundary dispute, or at least of an interference which should preserve the public peace until the controversy could be finally decided .*
In a letter dated the 16th of September, and accompanying the deposition, Governor Clinton announced it as a fact, " un- deniably true," that the government of New York and its subjects on the "Grants," had strictly adhered to the recom- mendation of Congress "in abstaining from the exercise of any authority over persons professing subjection to the pretended state of Vermont." He detailed the advice which he was about to transmit to his oppressed fellow-citizens in Cumber- land county ; referred in a pointed manner to what he deemed the duty of Congress ; and concluded in these words :- " From the spirit and determination of the inhabitants of several towns on the east side of the mountains who have resolved to experience every inconvenience rather than swerve from their duty and allegiance to the state [of New York], until Congress declares the ' Grants' not to be comprehended within our boundaries, I am induced to believe this [outrage] will lead to more serious consequences for which, however, I do not consider either the state or myself responsible." In a supplementary note of a private nature, the Governor requested the delegates, " without mentioning this intimation," to read his communication publicly in Congress when the deposition should be introduced. " In a letter to you," he observed in explanation, "I can use a freedom which in an address immediately to Congress might be conceived rather derogatory to their dignity . ... I feel the honor of the state and myself hurt, that my repeated applica- tions to them for a decision of the controversy have been not only ineffectual but even unnoticed. You are fully sensible of
MS. Commission and Deposition.
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HISTORY OF EASTERN VERMONT.
[1782.
my situation, and of the condition of the state to assert its rights, and I flatter myself you feel for our unfortunate fellow- citizens who are thus exposed to outrage and injury. I have, therefore, only to add an earnest request, to use every means for inducing Congress to attend to this very important business. The unfortunate people who are now made prisoners by the in- surgents, having in every instance religiously adhered to the recommendation of Congress, conceive they have a just claim to their protection, and consequently look up to them for a speedy and effectual interposition for their relief."*
Having dispatched the letters and deposition to Philadelphia, Governor Clinton placed in the hands of Mr. Bigelow a com- munication directed to him, and intended for the perusal of the unfortunate sufferers by the "late outrage." The advice which he gave was well in keeping with the character of the man. "I would as heretofore," said he, "recommend to our friends, still to persevere in the line of conduct pointed out by the resolve of Congress, in abstaining from all acts of force or violence except when their immediate self-defence shall compel them to have recourse to resistance by arms. At the same time, should the government of the pretended state continue to hold the prisoners in confinement, I would then think it justifiable and advisable that attempts should be made for their release ; and if this cannot be effected, then that an equal number of the insurgents should be taken and brought to this + or any other place of security in the state, where they can be detained as hostages for the security and indemnity of the sub- jects of this state whom they have made prisoners of."#
The dispatches of Governor Clinton having been received at Philadelphia on the 20th, an attempt was made by the New York delegates to read them in Congress without delay, but a pressure of business of greater importance rendered this course impracticable. The person by whom the papers had been sent being apprehensive that his poverty would not permit him to tarry long in Philadelphia, left without the information of which Clinton had hoped he would be the bearer. Assurances were however conveyed to the Governor of the interest which others beside himself felt in the result of the late occurrences.
* George Clinton Papers, in N. Y. State Lib., vol. xvi, docs. 4761, 4762.
+ Poughkeepsie.
# Doc. Hist. N. Y., iv. 1012, 1013. Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 47.
459
1782.]
BIXBY'S COMMUNICATION TO GOV. CLINTON.
"This new and unexpected violence," wrote the delegates, " offered in direct opposition to the recommendations of Con- gress to those peaceable citizens who have always strictly ad- hered to the same, and the dangerous consequences which may ensue from such evil examples, will, we trust, induce Congress immediately to interpose and exert their authority for the relief and protection of those unhappy people, our fellow-citizens, now made prisoners by a lawless power. Your Excellency may rest assured that we shall exert ourselves to the utmost for their relief, and that measures may be adopted for the future protec- tion of the adherents to our state who reside in that district of country."*
In order that Governor Clinton might be fully informed of the conduct of the Vermonters, the depositions of Thomas Baker and David Lamb, two of the sufferers by the " late outrage," were sent to him by Samuel Bixby, the clerk of the New York convention of committees. In an accompanying communi- cation, dated the 22d, Bixby stated that the sentence which the prisoners had received was contrary to the laws of Vermont, as they were not taken under arms, which was the only condition on which their conduct was to be adjudged criminal. On this point, however, he was at fault, for the particular act under which they were arrested, denounced punishment against any one who should conspire against the liberty of the state, whether with arms or otherwise. He also referred to the illegality of the proceedings, whereby the same tribunal had held and swayed both the legislative and the executive power. And in this particular his remark was just, for it was by order of the court, and not by legislative enactment, that the officers were empowered to seize the property of those against whom charges had been preferred, when it was ascertained that their persons could not be secured. The reply of the New York delegates, a part of which has been already recited, was received by Governor Clinton on the 27th, and the information which it contained was immediately transmitted by him, to the conven- tion of Cumberland county. In the few words of advice which he added, he, as on former occasions, counselled his friends to behave peaceably, and "not to have recourse to violence or force," unless the immediate defence of their persons and pro- perty should demand the employment of such measures. At
* George Clinton Papers, in N. Y. State Lib., vol. xvi., docs. 4772, 4773.
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HISTORY OF EASTERN VERMONT.
[1782.
the same time he wrote to Jonathan Hunt, who, as sheriff of Windham county, had taken an active part in arresting the subjects of New York. He reminded him that the proceedings in which he had been engaged were in " direct opposition and contempt of the recommendations of Congress," and warned him of the " dangerous consequences" which would ensue should he attempt to execute process against those who refused to obey the laws of Vermont .*
Soon after Governor Clinton had dispatched the messenger to Philadelphia with the information which Bigelow had brought from Guilford, Charles Phelps arrived at Poughkeep- sie with accounts confirmatory of the reports which had pre- ceded him. Here he remained until the messenger returned from Philadelphia, when he made known his intention of pay- ing a visit to Congress. Conceiving that his presence there would be of no service to the cause he was eager to advocate, and apprehending he would be "troublesome and perhaps burthensome" to those with whom he would necessarily be brought most in contact, Governor Clinton endeavored to dissuade him from going. Nothing could change his determination. Though the Governor declined writing by him, lest the delegates should suppose that his visit was made by the Governor's approbation, Phelps departed on the 1st of October, depending on his own resources for the assistance he should require.
In conformity with the sentence that had been passed upon them, Church, Shattuck, Evans, and Timothy Phelps were re- leased from imprisonment on the 4th of October. They were then taken under a strong guard across Connecticut river into New Hampshire, where the sentence of banishment was read to them by Samuel Avery, a Vermont deputy sheriff. To this the penalty of death was added, provided they should ever return. On the 24th, the sheriff of Windham county was directed by a resolution of the General Assembly, to sell their estates as confiscated property, and accept in payment, "due bills, pay-table orders, or hard money." He was also directed to sell as much of the estates of those persons who had been indicted by the grand jurors of Windham county, as should
* Soon after the receipt of this letter, instigated either by fear or by doubts as to the legality of his course, Hunt resigned his office. Dr. Elkanah Day was appointed in his place on the 16th of October, 1782. MS. Accounts. Doc. Hist. N. Y., iv. 1013, 1014. George Clinton Papers, in N. Y. State Lib., vol. xvi. doc. 4781. Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 48.
461
REPORT OF THE COMMITTEES OF FOUR TOWNS.
1782.]
serve to pay the expense of the posse comitatus ; and was in- structed to " take the advice of the principal men of the county, and endeavor to levy such expense in proportion to the crimes and abilities of such delinquents."
During the confinement of the prisoners, the committees of Brattleborough, Guilford, Halifax, and Marlborough, had been engaged in preparing a report of the grievances to which they had been subjected by reason of their adherence to the govern- ment of New York. This document was full in its details, and embraced the discussion of topics relating as well to the con- dition of the whole state, as to the condition of Windham and Windsor counties. Among other criminations contained in it, the General Assembly of Vermont were accused of entering into a treaty with the enemies of the United States, without the knowledge or consent of the people at large, and, when charged with the offence of flatly denying that any such treaty had ever been commenced. Announcement was also made of the current belief that negotiations had been initiated with the British in Canada, for the purpose of transferring Vermont to the common enemy. The secret policy of the state was con- demned. Governor Chittenden's conduct was pronounced arbitrary. The acts of the Vermont Legislature were declared unauthorized. Taxes which had been levied for the purpose of supporting the government of Vermont were branded as unjust. The finances of the state were represented as impoverished in condition, and the officers to whom the duty of collecting money had been entrusted were denounced as exacting and heartless men. In view of these charges, the committees expressed their sentiments in language plain and definite. "By a reso- lution of the Assembly of the state of New York, in October, 1781, and one of March, 1782," said they, " it appears that the state of New York are determined to support their jurisdiction over this territory; and it being our opinion that it was gua- ranteed to them in the confederation by the other states, and that to them we owe our allegiance, we therefore conceive we shall be highly to blame and of course involve ourselves in certain ruin, by resisting or opposing the authority of New York, since by so doing we shall oppose and resist the authority of Congress and of the thirteen United States, and bring ine- vitable destruction upon ourselves. To avoid these evils, we think it our indispensable duty to submit ourselves to the authority of the state of New York."
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HISTORY OF EASTERN VERMONT.
[1782.
In the course of this statement of grievances, other actions of the government of Vermont were unsparingly condemned. The late legal enactments concerning those who acknowledged the jurisdiction of New York, were stigmatized with especial bitterness. "We are of opinion," said they, "that the most capital of all the proceedings of this old Green Mountain Core,* is their preparing a law especially for a certain set of people- who, while this territory was under the jurisdiction of New York, were orderly, good subjects to the state of New York, and who never before, when that jurisdiction was regularly supported here, nor since the setting up of this pretended new state, have ever joined the new state, but have ever adhered to the state of New York-by which law they have made it treason to join any of the other states, or to refuse to adhere to the new state of Vermont." Conduct such as this they de- nounced as particularly heinous, since Congress had expressly ordered that the rulers of Vermont should exercise no authority over any person who was unwilling to acknowledge the juris- diction of that state. Continuing in this strain, they detailed the general effects of the treatment they had been compelled to undergo, and of the sufferings they had borne in behalf of New York, and concluded their statements in these words :- " We conceive there can be no way to ensure peace and prosperity to the people of these ' Grants,' but to put an end to their present policy and government. Perhaps in some future day it may be for the happiness of this part of the country to be made a separate jurisdiction, within such bounds and under such regulations as the United States in their wisdom shall see fit. We think it will be very easy for Congress to point out a way in which justice may for the present be done to all the con- tending and different claims; but should matters be suffered to go on in the course they have now taken, we cannot imagine where they will end, unless it be in riots, tumults, disorder, and confusion, and most probably in bloodshed among ourselves."+
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