USA > Vermont > History of eastern Vermont, from its earliest settlement to the close of the eighteeth century with a biographical chapter and appendixes > Part 47
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This statement of the associated committees was entrusted to Majors Shattuck and Evans on the 7th of October, to be by them presented to Governor Clinton and the Legislature of New York. The two officers reached Poughkeepsie on the 14th of October, and were courteously received by the Governor,
* Corps.
+ George Clinton Papers, in N. Y State Lib., vol. xvi. doc. 4788.
463
COURSE OF PHELPS IN PHILADELPHIA.
1782.]
who listened with interest and attention to their representations. They furnished him with affidavits in which were embodied a full relation of the events which had led to the trial and im- prisonment of themselves and friends ; a particular state- ment of the conduct of Ethan Allen during the "late violent proceedings ;" and a few suggestions as to the cause of the ap- pearance of the British at the northward and westward. In their own defence they stated that they had never " made use of any force or violence to compel such of the inhabitants on the district called the New Hampshire Grants, who professed allegiance to the said usurped government, to renounce their allegiance thereto, or to submit to the government or authority of the said state of New York; or by any act of force or violence interrupted or prevented the exercise of any authority under the said pretended state of Vermont over such persons as professed allegiance thereto." Governor Clinton immediately notified the information he had received to the New York delegates in Congress. In his letter to them, he enclosed copies of the papers which had been furnished him by Shattuck and Evans. "I think they cannot fail," wrote he, referring to the depositions, " of making an impression on the minds of Congress, not unfavorable to us."*
Meantime Charles Phelps having reached Philadelphia, was busied in detailing his misfortunes to those who he hoped would be interested in relieving them. By his own solicitation lie obtained permission to appear before the committee of Congress to whom had been referred the consideration of the troubles in Cumberland county, and on the 8th of October, at an evening session, was engaged for "two or three hours, with very little interruption," in recounting the transactions which had been the cause of his visit. So important were the affidavits which he presented on this occasion, that the committee refused to report upon them until they should have been read in Congress. To this arrangement Ezra L'Hommedieu and James Duane- the two New York delegates then in attendance-were obliged to submit, although by so doing the presentation of the report upon the statements made more than two weeks before was necessarily deferred. Not content with these efforts, Phelps in character of agent for the convention of committees from the towns in Vermont loyal to New York, presented a memorial to
* George Clinton Papers, in N. Y. State Lib., vol. xvi. doc. 4802.
464
HISTORY OF EASTERN VERMONT.
[1782.
Congress on the 10th, in which he stated that his constituents on the " Grants " had considered themselves protected by the resolutions of Congress passed on the 24th of September, 1779, and on the 2d of June, 1780, and for this reason had acted in accord- ance with those resolutions. He also declared his belief that the persons who had been imprisoned for refusing to acknowledge the jurisdiction of Vermont would be sent to Canada. In his own behalf he prayed that measures might be taken to effect the restoration of his property .*
On the 16th of October-one month from the date of Govern- or Clinton's letter to Congress containing a notification of the outbreak in Cumberland county-the committee appointed by Congress presented their report. At the same time another report was proposed as a substitute. These proceedings ended in a recommitment of the whole subject. A third report made by John Rutledge, on the 22d, in which he and his colleagues recommended to the people on the "Grants " to abstain from all measures calculated to create disturbance, was amended and laid aside for further consideration.
Since their arrival at Poughkeepsie, Shattuck and Evans had remained in the vicinity of that place, hoping to receive "accounts of the issue of the controversy on the 'Grants ;' and that Congress had taken decided measures for the relief of their fellow citizens in Cumberland county, and their protection in future against the violence of the Vermont party." Having been assured by a letter from Mr. L'Hommedieu of the 16th of October, that "no effectual measures " had been or pro- bably would be taken in Congress until the general question respecting jurisdiction should be determined, they concluded to extend their journey to Philadelphia and there await the event. In the letter of introduction which was furnished them by Governor Clinton, full approbation was expressed of the course they had resolved to adopt. "They, with several others, their neighbors," wrote the Governor to the New York delegates, " are stript of all their property and banished, and under the circumstances cannot think of seeing their families till they have made every effort for obtaining redress. They have determined therefore to go on to Philadelphia, in hopes that their presence, and the information they can communicate, may assist in bringing about a more speedy settlement of this busi-
* George Clinton Papers, in N. Y. State Lib., vol. xvi. docs. 4796, 4797.
465
THE FEELING IN CONGRESS.
1782.]
ness. I have helped them to a small sum of cash to defray their expenses and to prevent their being burthensome to you. It is unnecessary to recommend them to your countenance and assistance. The cause they are engaged in, gives them the best assurance of this."*
While Governor Clinton exercised especial care to send to Philadelphia copies of all the papers concerning the controversy which he received, the New York delegates never neglected to bring his dispatches to the notice of Congress on the earliest occasion. By this means the topic of greatest interest to the persecuted adherents of New York was kept in continual agita- tion. Though Congress were desirous that "internal peace should be preserved, as well between the respective members of the Union as within each district thereof," and even favored the appointment of a day for the final disposition of the question of jurisdiction, still they were unwilling that any measure should be taken in the present emergency tending to prejudice the decision of Congress on the general question. To this cause must be attributed, in part, the delay with which every propo- sition for a thorough examination of the relative position of the two parties claiming jurisdiction on the "Grants," was met. While sentiments like these were prevailing in the minds of many of the delegates, Shattuck and Evans appeared in Phila- delphia, and on the 28th of October laid their petition before Congress. In this document they briefly rehearsed the history of the difficulties which they had been obliged to encounter ; referred to the " fifty persons having families," who had been driven from their homes, and who were then "wandering about in the utmost distress ;" mentioned the forbearance which the suf- ferers had exhibited in refraining from " acts of retaliation ;" and asked for aid, and for the restoration of their possessions to those who had been deprived of them by the late transactions of the people of Vermont. Nor did they scruple to refer to their own destitution, and to the immediate inconveniences to which they were exposed, on account of a want of money, and of the difficulty of supporting themselves in Philadelphia where necessity had obliged them to repair for justice. Though but little was to be expected from Congress until the general course which they were to follow in the controversy should be fixed, yet the peti- tioners were not allowed to suffer. "They are very decent men
* George Clinton Papers, in N. Y. State Lib., vol. xvi. docs. 4809, 4825. MSS. in office Sec. State Vt.
30
466
HISTORY OF EASTERN VERMONT.
[1782.
and are treated with respect," wrote Mr. L'Hommedicu, and subsequent events proved that private means were at their ser- vice, though the aid of Congress was denied them .*
The committee of Congress to whom had been referred the letter of the 16th of September from Governor Clinton, the deposition of Joel Bigelow, the memorial of Charles Phelps, and a number of other papers, presented another report on the 5th of November, in which several important alterations and addi- tions had been made. At the same time the consideration of the report which had been made to Congress on the 17th of April previous, recommending the admission of Vermont into the Union, was called for. After a lengthened discussion, all that portion of the subject relating to an ultimate adjustment of difficulties by an acknowledgment of the independence of Ver- mont as a separate state was postponed. The consideration of the question whether " the people inhabiting the territory called Vermont " had relinquished their claims to the Eastern and Western Unions was declared necessary and proper before arguing the questions which depended upon it. Referring to the action of Congress on this occasion, Mr. L'Homme- dieu expressed a wish that since the general question had been thus laid aside, Congress would take measures to preserve the peace of the disturbed district. The constituency of his own state, many of the inhabitants on the "Grants," and no inconsiderable number of the members of Congress avowed the same desire, and anxiously awaited the time when the present difficulties at least, should be ended.
Believing fully in the innate strength of petition, Charles Phelps did not cease to besiege Congress with missives suppli- catory, missives memorial, and missives remonstrative. On the 6th of November he besought Congress "for a continental relief of money and clothing for his necessitous circumstances." In order to prove the validity of the grounds upon which he asked for assistance, he stated that when leaving home in some haste, he had been pursued several miles by eight or ten of the Ver- mont " light infantry ;" that he barely made his escape from " those armed pursuers ;" that he was " necessitated to borrow a great part of his necessary apparel fifty miles from home ;" that his garments were now nearly worn out, his money almost exhausted, and the debts which he had been forced to contract
George Clinton Papers, in N. Y. State Lib., vol. xvi. docs. 4828, 4831, 4833,
* 4842.
467
RESOLUTIONS OF THE CONGRESSIONAL COMMITTEE.
1782.]
for the support of himself and horse unpaid. Although his con- dition required the aid for which he sought, yet Congress did not deem themselves bound to heed his requests, and the peti- tion was dismissed. It is probable that a similar petition prefer- red by Shattuck and Evans was treated in a similar manner. On the 13th of November, the day preceding that on which the congressional committee were to report concerning the condition of the " Grants," Mr. L'Hommedieu wrote to Governor Clinton. Referring to the 14th, he observed :- " After that time I shall advise Messrs. Phelps, Shattuck, and Evans to return, as it will answer no purpose for them to continue longer in this expen- sive place. They have spent all their money and are consider- ably in debt, which in their petition they have mentioned, but I believe will have no relief in that respect, more than in the other, from Congress."*
A portion of the report on Governor Clinton's letter of the 16th of September, and on the petitions of Phelps, Shattuck, and Evans, had been already referred to a committee of three for further consideration. In a second report presented on the 14th of November, the committee stated "that the measures com- plained of in the papers above mentioned, were probably occa- sioned by the state of New York having lately issued commis- sions, both civil and military, to persons resident in the district called Vermont." With this opinion for a basis, they proposed the following resolutions :-
" That it be recommended to the state of New York to revoke all commissions, either civil or military, which have been issued by the said state since the month of May last, to persons residing in the district called Vermont, as described in the resolves of the 7th and 20th of August, 1781.
" That it be recommended to the persons exercising the pow- ers of government within the said district, to make full and ample satisfaction to Charles Phelps, William Shattuck, and Henry Evans, and to all others in a similar predicament, for the damages which they have sustained in person and property, in consequence of the measures taken against them in the said dis- trict, and to suffer them to return to their habitations, and to remain unmolested in the district aforesaid.
"That it be recommended to the state of New York, and to the persons exercising the powers of government within the
* Journals of Am. Congress, iii. 102. George Clinton Papers, in N. Y. State Lib., vol. xvi., doc. 4887.
468
HISTORY OF EASTERN VERMONT.
[1782.
district aforesaid, to adhere to the recommendations of Congress contained in their resolve of September 24, 1779, until a deci- sion shall be had by Congress on the subject referred to them by the said state of New York and the said district of Vermont."
However just these resolutions might have appeared to those who proposed them, yet they failed to obtain the concurrence of Congress. A motion to agree to the first resolution was lost, a motion to recommit the second was negatived, and, on a final vote, the consideration of the remainder of the report was post- poned. On none did the immediate effects of this refusal to reimburse the suffering Yorkers fall more heavily than on the three petitioners, who, for several weeks, had awaited at Phila- delphia, patiently and amid poverty, the decision of Congress. Their indebtedness, owing to the expensiveness of living, had increased to such an extent that they were unable to meet it. On the 15th of November an attempt was made by the New York delegates to relieve their necessities by borrowing a hun- dred dollars on the credit of the state. "If this plan fails," wrote James Duane, "it is more than probable they will lose their liberty, as they have already done their property, for it is out of my power to aid them." On the 17th the same gentle- man informed Clinton that "the distress of Phelps having been brought to a crisis," nothing was left but to borrow "for his and his unfortunate companions' support." The desired loan was effected ; the debts of the trio whose visit had given " infi- nite uneasiness" to their friends in Philadelphia were discharged ; and the fear of imprisonment for debt was brought to an end.
As there was but little expectation that any resolution could now be obtained which would prove favorable to the Yorkers, the main reason for the delay of their agents in an expensive city was removed. Desirous of visiting their families, provided they could do so with safety, Shattuck and Evans set out on their return home on the 19th. Phelps, on the contrary, hop- ing to be able to accomplish by importunity what he had failed to perform by petition and remonstrance, determined to remain. The two former reached Poughkeepsie on the 23d ; detailed to Governor Clinton an account of their visit; and confirmed the report which had already reached him of their failure to im- press upon Congress the necessity of prompt and decisive action in restoring to the Yorkers their homes and possessions .*
* Journals of Am. Cong., iv. 105, 106. George Clinton Papers in N. Y. State Lib., vol. xvi. docs. 4856, 4857, 4858.
469
RETURN OF EVANS TO GUILFORD.
1782.]
Evans now determined to return to Guilford, in spite of the penalties denounced against him in case he should ever again enter within the borders of Vermont. Shattuck, more cautious, concluded to obey the decree of banishment until he should receive further accounts from Philadelphia. With his accus- tomed kindness, Governor Clinton wrote a letter to Col. Timo- thy Church, on the 24th, as an endorsement of any statements which Shattuck or Evans might make relative to the views of Congress concerning the present unfortunate troubles. "These gentlemen," observed Clinton, referring to them, "have had an opportunity which I long wished them to have of being ac- quainted with the sentiments of the different members of Con- gress respecting our controversy with the pretended state of Vermont, as they are thereby enabled to form a judgment, founded on their own knowledge of facts, of what will be the probable issue of a dispute in which they are so deeply inte- rested. This renders it unnecessary for me to say anything on a subject of which they will be able to give so full and satisfac- tory information, and I have therefore only to repeat what I often suggested, that much will depend on the conduct of the good subjects of this state on the 'Grants,' whose firm and steady adherence to their duty and allegiance I would flatter myself will soon be rewarded by a determination that will re- lieve them from their present distresses, and guard them against future oppression." Reaching home on the 1st of December, Evans, to use his own language, " found the people in a very broken situation." It was observed, however, that the effect of his statements, and of the clear and honest declarations of Gover- nor Clinton, were temporarily beneficial in removing the gloom which had been caused by long continued disappointment .*
Various attempts were made to resume the consideration of the report of the committee to whom had been referred the report of a former committee on the letter of Governor Clinton, of September 16th, and the accompanying documents. The subject was at length brought before Congress on the 5th of December, but its consideration was again postponed. Follow- ing the declaration of this postponement, a motion was made by Thomas Mckean, of Delaware, and seconded by Alexander Hamilton, of New York, in these words :-
" Whereas it appears to Congress, by authentic documents,
** George Clinton Papers in N. Y. State Lib., vol. xvi. doc. 4862.
470
HISTORY OF EASTERN VERMONT.
[1782.
that the people inhabiting the district of country on the west side of Connecticut river, commonly called the New Hampshire Grants, and claiming to be an independent state, in contempt of the authority of Congress, and in direct violation of the reso- lutions of the 24th of September, 1779, and of the 2d of June, 1780, did, in the month of September last, proceed to exercise jurisdiction over the persons and properties of sundry inhabit- ants of the said district, professing themselves to be subjects of, and to owe allegiance to the state of New York, by means whereof divers of them have been condemned to banishment, not to return on pain of death and confiscation of estate; and others have been fined in large sums and otherwise deprived of pro- perty ; therefore,
" Resolved, That the said acts and proceedings of the said people, being highly derogatory to the authority of the United States, and dangerous to the confederacy, require the immediate and decided interposition of Congress, for the protection and relief of such as have suffered by them, and for preserving peace in the said district, until a decision shall be had of the controversy, relative to the jurisdiction of the same.
"That the people inhabiting the said district claiming to be independent, be, and they are hereby, required, without delay, to make full and ample restitution to Timothy Church, Timothy Phelps, Henry Evans, William Shattuck, and such others as have been condemned to banishment and confiscation of estate, or have otherwise been deprived of property since the 1st day of September last, for the damages they have sustained by the acts and proceedings aforesaid ; and that they be not molested in their persons or properties, or their return to their habitations in the said district.
"That the United States will take effectual measures to en- force a compliance with the aforesaid resolutions, in case the same shall be disobeyed by the people of the said district.
" That no persons holding commissions under the state of New York, or under the people of the said district claiming to be independent, exercise any authority over the persons and pro- perties of any inhabitants in the said district, contrary to the forementioned resolutions of the 24th of September, 1779, and the 2d of June, 1780.
"That a copy of the foregoing resolutions be transmitted to Thomas Chittenden, Esq., of Bennington, in the district afore- said, to be communicated to the people thereof."
471
VARIOUS MEASURES IN CONGRESS.
1782.]
Before the vote was taken on this motion, an attempt was made to amend the first resolution, and to strike out the whole of the resolution relating to the determination of the United States to enforce the decrees which Congress had passed on the subject of the controversy. These suggestions were not received with favor, and on the question to agree to the original motion, an affirmative decision was obtained.
The hostility of Congress at this time towards the leading men in Vermont, was made especially apparent in connection with these transactions. As the Secretary of War was about to visit his family in Massachusetts, David Ramsay of South Carolina, moved a resolution on the 10th of December, instructing that gentleman "to take Vermont in his way," and carry a report of the doings of the 5th of December to Mr. Chittenden. Al- though it was urged that such a course would insure the deli- very of the papers, serve to conciliate the opposition, and afford the means of obtaining certain knowledge of the Vermonters, yet the proposition was strenuously resisted, the opinion of many being that such an act would tend to degrade a high servant of the United States, and to give an unwarranted importance to the claims of Vermont to sovereignty and independence. The objec- tions prevailed, and as Congress appeared unwilling to make spe- cial provision for transmitting the resolutions, the President of Congress gave notice that he should send them to the comman- der-in-chief to be forwarded by him to their place of destina- tion. Though they were regarded as an index of the sentiments of Congress, yet the condition of the United States, and the dread of the common foe tended greatly to diminish their effect. In their letter, announcing the action of Congress, the New York delegates frankly confessed that they could not "absolutely rely upon the execution of the coercive part" of the resolutions. A similar opinion was entertained by all who were best acquaint- ed with the political condition of the Union .*
As was his custom, whenever any measure was adopted per- taining to his constituents on the " Grants," Governor Clin- ton transmitted a copy of the late resolves, to the convention composed of the committees of the towns of Brattleborough, Guilford, Halifax, and Marlborough. Accompanying the
* Journals Am. Cong., iv. 112, 113, 114. Madison Papers, i. 228, 229, 230. George Clinton Papers, in N. Y. State Lib., vol. xvi. doc. 4883. Slade's Vt. State Papers, pp. 177, 178. Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 49.
472
HISTORY OF EASTERN VERMONT.
[1782.
resolves, was a letter, dated the 23d of December, whose con- tents were evidently intended for the guidance and consola- tion of those who had been and who still were faithful to New York. The sound, energetic, and scholarly ideas of the patriot Governor, as expressed in this thoughtful and well-prepared production, were in these words :-
"I have the pleasure of transmitting you sundry resolutions of Congress, passed in consequence of the outrages lately com- mitted by the usurped government of Vermont on the subjects of this state in Cumberland county. I should have been happy could a final determination of the controversy respecting the jurisdiction of the district of the New Hampshire Grants, have been obtained; but as this could not at present be effected, I flatter myself the present measure, as it is calculated to pre- serve the peace of that district until such a decision can be had, and ensure justice to our distressed fellow citizens for the da- mages they have sustained, will prove acceptable, and the more especially as it evinces a disposition which promises an equita- ble and favorable issue to the controversy, which issue I have the fullest confidence will ere long take place.
"You will observe that one of the present resolutions pro- hibits the exercise of authority by either party over the other, contrary to the resolutions of the 24th of September, 1779, and the 2d of June, 1780. This repetition of the sense of Congress, became necessary to remove the false impression which the leaders of the usurped government had made on the minds of the people by insinuations which you well know they indus- triously propagated that those resolutions no longer existed, and that Congress never intended to enforce them. By these means, they not only led many into the violent and unwarrantable measures which they had in contemplation, but discouraged our friends from a justifiable resistance. My sentiments are so fully and explicitly expressed as to the line of conduct to be pursued by those in your district holding commissions or offices under this government, as to render it altogether unnecessary now to repeat them. The good consequences which have already re- sulted from the part you have acted, as well as respect for the great Council of America, will, I am persuaded, induce those holding commissions under this state, still to persevere in paying a strict compliance to the recommendations of Congress, by ex- ercising authority only over those professing themselves to be subjects of, and to owe allegiance to this state.
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