USA > Vermont > History of eastern Vermont, from its earliest settlement to the close of the eighteeth century with a biographical chapter and appendixes > Part 48
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473
ABLE LETTER OF GOV. CLINTON.
1782.]
"To obviate any excuse that may be offered by the pretend- ed state, in case they should delay complying with the resolu- tion directing restitution to Colonel Church and the other suf- ferers, I would suggest the propriety of immediately causing fair and reasonable accounts to be made out, of the damages sustained by them respectively ; would have the same attested to, by the parties, before a magistrate ; and (retaining true copies), would transmit the originals by a person who will be able to swear to the delivery thereof, to Thomas Chittenden, Esq. That these accounts may have every appearance of truth and candor, I would advise that besides the attestations of the party, they be also testified to be just and reasonable, by as many persons of reputation as from their knowledge of the charges can with propriety give such certificates.
"By the resolution directing restitution, you will also observe that the persons banished are not to be molested in their persons or property on their return to their habitations. They would, therefore, be justifiable in returning immediately, but I would advise a delay sufficient for the promulgation of the resolutions of Congress on this subject in the district, lest insults might be com- mitted upon them by there volters, and ignorance pleaded in ex- cuse. It is probable, however, that the resolutions will be suffi- ciently known before this can reach you, and that a further delay in a matter so interesting to the sufferers may not be necessary.
"I would fain flatter myself with a hope of a voluntary return of the mass of the people in your county to their duty and allegi- ance. I am convinced that there are many in your county well attached to the cause of America at large, that have been led from their duty and allegiance by the artful insinuations of designing and wicked men, who either wish to subjugate that district to British tyranny, or to gratify their own ambition and pride by establishing an independency which, while it would enrich and aggrandize a few, would distress and ruin the great bulk of the people. These men I could wish might be recovered from their delusion, and that the conduct of our friends towards them might at all times be such as shall appear most likely to effect so desirable an end. You must be sensible of the unal- terable determination of the state to secure the inhabitants their property under whatever title it may be desired; and should the late act for this purpose be defective in any particular, or subject to the least reasonable objection, I may venture to assure them, that on their discovering a disposition to return to their
474
HISTORY OF EASTERN VERMONT.
[1782.
duty, every just cause of complaint (if any still exists) will be heard and removed; and this idea I wish may be impressed upon their minds, as well as the danger to which they are exposed by persevering in their present unjustifiable opposition. Be watchful at the same time of the conduct of those that are disaffected to the liberties of America, of whom, from late as well as former discoveries, I have the best reason to believe there are many leading characters in your quarter.
" The Legislature will meet the first Tuesday of next month at Kingston, and it would afford them much satisfaction to find that the measures they have adopted for quieting the disorders in the northeastern parts of this state have not proved inef- fectual."*
Such were the principles which, in the view of Governor Clinton, were to be maintained by his constituents. Such the course of conduct they were bound to pursue, until they should find themselves unable to withstand the collected force of the government and people of the new state of Vermont. But before this letter had reached its destination, or Governor Chit- tenden had been informed of the passage of the resolves of the 5th of December, an event had occurred, within the disputed territory, which evinced the determination not only of the Ver- monters to enforce the decrees with which they had threatened those persons whom they had banished from the state, but of the Yorkers also to resist the efforts made to subdue them.
The return of Evans had already induced the belief that the rigorous punishment which had been denounced against him and his companions would not be carried into execution. This belief was strengthened, and new life was now given to the adherents of New York, by the arrival of Colonel Church and Major Shattuck. The latter reached his home in Halifax on the 15th of December, and on the same day was informed that the authorities of Vermont had determined to dispossess Daniel Shepardson of Guilford, a subject of New York, or pull his house down. Aroused by these reports, Shattuck and a number of his friends met on the evening of the 17th, and resolved to protect Shepardson from violence. While preparations were on foot for carrying this design into execution, intelligence was received, on the morning of the 18th, of the capture of Church by the Vermonters. Upon this Shattuck changed his plan, pro-
* George Clinton Papers, in N. Y. State Lib., vol. xvi. doc. 4894.
475
MANŒUVRES OF THE CONTENDING PARTIES.
1782.]
ceeded to Guilford, raised two companies of men, and, for the purpose of retaliation, endeavored to arrest Col. Benjamin Car- penter and a certain Major Shepardson, the former the late Lieutenant-Governor of Vermont, and the latter a staunch supporter of its authority. Failing in this undertaking, Shat- tuck and his men entered the dwellings of those whom they had intended to capture, seized their arms, committed other depre- dations of a similar character, and returned home. Not content with the result of this expedition, Shattuck and his party made another on the night of the 20th, took John Bridgman, one of the judges of the county court, prisoner, and brought him to Guil- ford. On the following day Bridgman was released on parole. By the terms of the parole agreement he was allowed to visit the State's Attorney, the Governor, and the Council of Vermont, for the purpose of procuring the freedom of Col. Church. Should he succeed, his own liberty was to be granted him. Should he fail he was to return by the 2d of January, 1783.
Fearing that a civil war was about to break out, Col. John Ser- geant of the Vermont militia ordered several companies in his regiment to rendezvous at Brattleborough, in order, as was after- wards stated in the muster rolls, " to suppress insurrections and disturbances then subsisting in those parts." The Yorkers meanwhile continued to hold their men under arms. On the night of the 23d of December, they received information that the Vermont soldiery were preparing to attack them. Having placed his men in ambush, Shattuck awaited the approach of his opponents. But his expectations were not realized. The Vermont militia, while on their march, were surprised by a party of six men, the vanguard, as they supposed, of a concealed enemy, but in reality a detachment of their own friends. Dis- persing in all directions, they did not discover their error until it was too late to correct it. Convinced that no benefit could arise to either party from the pursuit of hostile measures, the Vermonters on the following day sent a messenger to the Yorkers, with proposals for a treaty. The Yorkers replied that, if the Vermonters desired peace, they might come to them and pro- pose the terms.
The result of these negotiations was the confirmation of an agreement which had been drawn up and signed on the 20th, by Zadock Granger, and Simeon Edwards, in behalf of the Vermont party. In the preamble to this document, the signers rehearsed the considerations which had induced them to engage
476
HISTORY OF EASTERN VERMONT.
[1782.
in an agreement of this character; referred to the " unhappy differences about the right of jurisdiction," as the cause of all the difficulties between the conflicting parties ; alluded to the probability of the " decisive determination by Congress," of the long continued dispute ; deprecated the hostile measures which had been, and were then pursued by men who were "in arms against each other ;" and expressed a desire to prevent "mis- chiefs and miseries," and to ensure peace and the public good. In view of these reasons, and in consideration of the engagement of the leaders of the New York party, that their adherents should be immediately dispersed, and should "rise no more" to disturb the people of Vermont unless molested by them, and on the further condition that either Colonel Church, or Judge Bridgman should return by the 2d of January, 1783-they, as men of honor and influence, agreed to exert their "utmost endeavors" in preventing the people of Vermont from molesting the New York party ; promised to inform Joseph Peck of Guil- ford, a captain in the New York militia, should any force be sent by the Vermont party to oppose the New York party before the 1st of February, 1783; and bound themselves to write to Governor Chittenden, requesting him to "let matters rest" according to this engagement.
Repairing to Governor Chittenden, Bridgman endeavored to obtain from him, and the Council of Vermont, advice as to the course he should pursue in this emergency. But the oracles were dumb, and after nine days of useless expostulation he returned. His parole was renewed on the 2d of January, 1783, but his success in endeavoring to learn the sentiments of the rulers of the state, as to the means by which he should procure permanent relief, was no better on a second attempt. On the 18th of January his parole was again renewed, to continue " during the good pleasure" of Governor Clinton. The reluc- tance of Governor Chittenden to reply categorically to the inquiries of Bridgman was not strange. Many of the Vermont- ers in the towns where the Yorkers were most numerous, were inclined to treat them kindly, hoping in this manner to effect what could not be accomplished by force. Chittenden's views towards them were severe in the extreme. In this dilemma policy dictated silence as to his opinion of the condition and conduct of Bridgman.
An idea of the peculiar character of this unique Governor, who, although partially deprived of sight, and for this reason
477
A CHARACTERISTIC EPISTLE.
1782.]
familiarly known as "One-eyed Tom," was possessed of all the penetration, common sense, discretion, and policy, which his peculiar position demanded, may be obtained from a perusal of one of his characteristic epistles. As soon as Church-who had dared to return to the place whence he had been for ever banished-was arrested, he was delivered to Col. Stephen R. Bradley, who sent him under a strong guard to Governor Chit- tenden at Arlington. In answer to a note from the Colonel detailing the reasons of the arrest, Chittenden, on the 24th of December, 1782, replied :- "I received your letter with the prisoner, and approve of your conduct. Have sent to Colonel Robinson to call the Superior court immediately for his trial, and I hope and trust justice will be done him. I have sent twelve pounds powder agreeable to your request. As to sending or ordering a standing force to Guilford, I had rather hang them [the Yorkers] one by one, until they are all extirpated from the face of the earth. However, I wait for the returns of the officers that commanded the posse (which will soon be) to send orders to the sheriff to collect the fines and cost, when, if they con- tinue obstinate, a force must accompany the sheriff sufficient to silence them. I am not without hopes that the consequences of Church's trial will have some good effect on his connections." Such was the aspect in which the Governor of Vermont viewed the conduct of his opponents.
Hoping to obtain a remission of the punishment to which he had become amenable, Church addressed a petition to the people of Vermont on the 28th of December, in which he detailed the reasons which had led him to return. Knowing well the nature of the risk which he incurred by his rashness, he declared that his visit had been instigated not by any contempt for state authority, but by "the tender feelings" natural to a parent, who, when his family are destitute of the necessaries of life and borne down by sickness, desires to relieve their distresses. He owned that he had at one time subscribed the " freeman's oath," and acknowledged that he had subsequently opposed the government of Vermont. Though studiously refraining from any confession of error, he prayed for " pardon and forgiveness," and that he might be " admitted to his for- mer freedom, liberty, and privileges." But his concessions, artful and non-committal, were ill-calculated to influence the minds of Governor Chittenden and the Council in his favor ; while the faithlessness to which he confessed, tended to lower
478
HISTORY OF EASTERN VERMONT.
[1783.
him in their estimation. "The Vermonters over the mountain," wrote the committee of Guilford, on the 17th of January, 1783, " still hold Colonel Church as prisoner ; and Colonel Samuel Fletcher, one of the Vermont Council, informs us that Colonel Church is to be hanged." His prospects had not improved in the beginning of February, for on the 6th of that month Governor Clinton, in a letter to Colonel Floyd, said of Church : "He is still held in close confinement and threatened with execution." On the 22d of the same month William Shattuck testified in an affidavit, that "it was the intention of the Ver- monters to execute Col. Timothy Church, who was still in con- finement in Bennington Gaol." Though neither Governor Chittenden nor the Council would have dared to punish the prisoner with death, yet they deemed it of advantage to pro- mulgate a report of this nature, hoping thereby to intimidate others who were ready to oppose the authority of Vermont .*
The resolutions of the 5th of December, 1782, having been industriously published throughout the extent of Vermont, received from those who owed allegiance to that government the fullest condemnation. Thomas Frink, a physician, residing in Keene, New Hampshire, in detailing a conversation which he had held in January, 1783, with Paul Spooner, at that time the Deputy Governor of Vermont, declared that the latter had avowed his determination to support and defend the state; to execute its laws peremptorily ; to aid in punishing offenders ; and to act as heretofore he and his friends had done, notwith- standing the late congressional resolves. To Frink's question whether the Vermonters would dare to put to death those persons whom they had banished, provided they should return, Spooner answered that the people had made laws, and would be fools if they did not execute them when transgressed. On the 16th of the same month, Colonel Bradley of Westminster, with some of his townsmen, being in company with a number of men from Walpole at the former place, the anger of the party rose to so high a pitch, while discussing the character of the late resolves, that many of them "damned the Congress, and for the toast drank their confusion, and the health of King George the Third of England." Bradley then asked his Wal- pole friends whether they would assist the Vermont party in
* George Clinton Papers in N. Y. State Lib., vol. xvii. docs. 4909, 4910, 4926. MS. Muster Rolls. Various MSS.
479
REPORTS CIRCULATED BY THE VERMONTERS.
1783.]
case a continental force should be sent to enforce the decrees of Congress. At the same time he declared that the Vermont people would resist any force which should be sent against them for that purpose, and that the inhabitants of Berkshire county, in Massachusetts, would aid them in the struggle. In language characteristic and expressive, Samuel Robinson, of Bennington, a leading man in the state, remarked that "the Vermonters are a Fixen a Pill that will make the Yorkers hum." Other Vermonters declared that "they would make Congress bite their fingers." With a similar reference to some project yet undefined, Phineas Freeman, an ensign in the Vermont militia, prophesied in January, that " something would turn up within a month more detrimental to the Yorkers than anything that had ever happened to them before," and added that "the York- ers would not be so fond a month hence of calling themselves Yorkers as they had been heretofore." A deposition of Charles Phelps confirmed these statements. The people of Vermont "are determined to fight," said he, "in opposition to the resolves, if any forces are sent to impel them to a submission thereto."
In Windham county the citizens of Vermont were at special pains to spread reports of the measures they were prepared to adopt, should any demonstrations be made against them. In order to weaken the cause of their opponents, they endeavored to persuade them that there was no honor in the character of Governor Clinton ; no faith in the promises of Congress; and that Congress possessed no ability to carry their resolves into execution. They also asserted that New York was unable to defray the expenses of her militia service; was destitute of any legislative acts by which to regulate it; and that there was no provision of Congress relative to false imprisonment or banish- ment, which gave the right to pass such decrees as those of the 5th of December. To these representations they added threats of a nature which not only excited suspicions unfavorable to their loyalty to the American cause, but implanted in many minds the belief that Vermont would become a British province provided Congress should endeavor to divide her territory be- tween the contending states, or enforce laws which she deemed obnoxious or unjust.
The views of Governor Clinton at this period were ill calcu- lated to lessen the despondency of the New York adherents. "The usurped government of Vermont," wrote he, on the 6th of February, to Col. Floyd, then in Congress, " have not, and I
480
HISTORY OF EASTERN VERMONT.
[1783.
may venture to assert will not, comply with the late resolutions of Congress, which their leaders feign to treat with the utmost contempt. I am informed they openly assert that they have intimations from members of Congress, that notwithstanding the threats held out in the resolutions, no coercive measures will be pursued to enforce obedience to them. By these means they encourage their adherents, who begin to despond, to the show of resistance." Numerous affidavits from reliable sources con- firmed the opinions here expressed, and enforced the conviction that Congress were powerless to compel obedience to the re- solves of the 5th of December, within the territory of the New Hampshire Grants. In a few instances an opposite sentiment was entertained. On one occasion a certain Samuel Warriner, a Vermont justice of the peace, declared that he did not believe Vermont could "stand a state" unless the leading men in her government should submit to the late determination of Congress.
Unwilling to yield while the least chance of success remained, the convention of committees from the towns owing allegiance to New York assembled at Guilford on the 17th of January, and appointed Daniel Shepardson their agent and bearer of dispatches to Governor Clinton. "We understand," said they, in one of the communications with which he was entrusted, " that the Vermonters do not intend to pay any regard to the resolutions of Congress, and we humbly beg and pray that the United States will take very speedy measures that the resolves of Congress be put into execution ; for unless they are, we must of necessity fall a prey to Vermont, and we would inform your honors that the major part of the people this side of the moun- tain will renounce Vermont provided Congress will protect them." Referring to the peculiarity of their situation, they acknowledged their inability to act without giving offence, and as they had done on former occasions, so now, they begged his Excellency to point out to them that course of conduct which would be of most advantage to themselves and least displeasing to their opponents.
By the same messenger went a letter, dated the 19th of Ja- nuary, from Henry Evans, one of the four against whom sen- tence of banishment had been passed, but who, having dared to return home, was allowed to remain unmolested. Comparing the sentiments of the people of Eastern and Western Vermont, he observed :- "I am credibly informed that the Vermont au- thority over the mountain holds Congress and all their resolves
481
1783.] LETTER OF CHITTENDEN TO THE PRESIDENT OF CONGRESS.
in scorn and contempt. The Vermonters on this side the moun- tain say they will adhere to Congress, though they should re- nounce Vermont." For these reasons which he deemed cor- rect, although, as far as the majority of the inhabitants residing on the Connecticut were concerned, they were unwarranted and untrue, for these reasons, and because of a report that the peo- ple in and about Bennington, Manchester, and Arlington were threatening to make a hostile incursion for the purpose of distressing the Yorkers, he besought the Governor to use his influence to ensure the immediate enforcement of the resolves of the 5th of December. To these and other similar earnest entreaties, Clinton was unable to respond fully, both on account of the timidity of the government of his own state, and because of the uncertainty which Congress seemed to manifest concern- ing their right to enforce a compliance with the resolutions. Although cognizant, by affidavits and depositions, of many acts done in opposition to these resolutions, he was unwilling to send the proofs to Philadephia, lest they should be found to contain evidence of the evil conduct of individuals only, and not of the government of the state. Still he did not cease to write cheer- ingly to his unfortunate constituents, begging them to " perse- vere in the line of conduct heretofore pointed out to them ;" prophesying " a favorable issue" to their difficulties ; and assur- ing them that nothing that might tend to their interest should be neglected by him .*
The opposition to the late action of Congress, though at first manifested only in the conduct of individuals, as Clinton had suggested, was not long in assuming a more authoritative form. Upon the receipt of a copy of the obnoxious resolves, Governor Chittenden, in a long and elaborate letter to the President of Congress, under date of the 9th of January, remonstrated against the positions therein taken, and supported his remon- strance by reciting the " solemn engagements" into which Con- gress had entered with Vermont ; by quoting from the letter which General Washington had addressed to him on the 1st of January, 1782 ; and by a method of reasoning which, if it was not entirely just, was yet plausible and clever. Referring to the transactions which had led to the passage of the resolutions of the 5th of December, his language was as follows :- " Al-
* Various MS. Depositions, Affidavits, etc., in office Sec. State Vt. George Clinton Papers in N. Y. State Lib., vol. xvii. docs. 4909, 4910, 4921, 4926. Pa- pers relating to Vt. Controversy, in office Sec. State N. Y., p. 50.
31
482
HISTORY OF EASTERN VERMONT.
[1783.
though this state is not amenable to the tribunal of Congress for the management of its internal police, I, nevertheless, will give them a brief narrative of facts relative to those delinquents, in whose behalf Congress, in their resolutions of December last, have interposed. At the session of the General Assembly of this state in February, 1781, a general act of amnesty was passed in favor of such persons, within this state, who had pre- viously made opposition to its authority. Upon this they una- nimously submitted to this government, and all opposition to it ceased for more than one year, when the Legislature having ordered a certain quota of men to be raised in the several towns throughout this state, for the defence of its frontiers, evil-minded persons in the town and vicinage of Guilford, in the southerly part of the county of Windham, opposed the raising and paying of them; and Governor Clinton of the state of New York, by letters to them and otherwise, interfered in their behalf, which caused a second insurrection in this state ; and though every prudent and lenient measure was taken by government to reclaim the offenders, they proved ineffectual. In the mean time, Governor Clinton gave commissions, civil and military, to sundry of those disaffected persons, and they had the effron- tery to attempt to exercise the laws of the state of New York over the citizens of this state, when a military force was, by the direction of this government, sent to assist the sheriff of Wind- ham county in the execution of the laws of this state ; and the procedure of the court relative to the five criminals who were banished, and to sundry others who were amerced in pecuniary fines, was in due form of law.
"The notorious Samuel Ely, who was ring-leader of the late seditions in the state of Massachusetts, a fugitive from justice, was one of the banished. He had left that state, and was be- ginning insurrections in this, when he was detected, and care- fully delivered to the sheriff of the county of Hampshire, in the state of Massachusetts, who, as I have been since informed, has secured him in gaol at Boston, to the great satisfaction and peace of that state. This same Samuel Ely, Timothy Church, and William Shattuck, who were three of the banished, had previously taken the oath of allegiance to this state, and so had a greater part of those who were fined; and every one of the towns in which they resided, had, for several sessions of As- sembly, previous to their insurrection, been represented in the Legislature of this state." Following up these statements by
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