USA > Vermont > History of eastern Vermont, from its earliest settlement to the close of the eighteeth century with a biographical chapter and appendixes > Part 49
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483
ADDRESS OF THE GENERAL ASSEMBLY.
1783.]
arguments based upon various congressional enactments, he strove to show that in the rulers of Vermont alone, was vested the right of exercising governmental powers within the bound- aries which they claimed as the boundaries of the state. His concluding remarks related to the question of the sovereignty of Vermont. "But admitting," said he, " that Congress have a judicial authority to control the internal police of this state, this state has an incontrovertible right to be heard in its de- fence, as a party (in law), and should, on this thesis, have been cited by Congress to a hearing at their tribunal, previous to their having passed their resolutions of the 5th of December last, that this state might have had the privilege of vindicating its cause. But that Congress, at the special instance of Charles Phelps (a notorious cheat and nuisance to mankind, as far as his acquaintance and dealings have been extended), should come to a decision of so important a matter, ex parte, is illegal, and contrary to the law of nature and nations."
Similar in tone, but more brief and less comprehensive, was the communication to Congress from the General Assembly of Vermont, dated the 26th of February. An expression of asto- nishment at the means by which the passage of the resolves had been obtained-an expression resembling, and probably suggested by, that employed by Governor Chittenden in his letters, served to point the closing sentence of their remon- strance. " As we have, from the commencement of the war," wrote they, " braved every danger and hardship, against the usurpations of Britain, in common with the United States ; as our inherent right of sovereignty and jurisdiction stands confessed upon the principles of the revolution, and implied by the solemn transactions of Congress, we cannot but express our surprise at the reception of the late resolutions of Congress of the 5th of December, obtained ex parte, and at the special instance of an infamous person." Such was the decided manner in which Governor Chittenden and the General Assembly maintained their rights, in spite of the rage of New York and the enact- ments of Congress.
Now that the government of Vermont had declared the late resolves obnoxious, the affidavits and depositions which Gover- nor Clinton had been at first unwilling to make public were sent to Philadelphia. Congress became cognizant of the fact that the authorities of Vermont not only, but the majority of the people as well, were not to be subdued by paper edicts or
484
HISTORY OF EASTERN VERMONT.
[1783.
stern resolves. Chittenden had truly said that Vermont was present in the disputed district, and in the actual possession and exercise of power, while New York and Congress were afar off. The significance of his language was now more painfully appa- rent than all were willing to confess .*
* Slade's Vt. State Papers, pp. 178-187.
CHAPTER XVIII.
THE DISORDERED CONDITION OF THE SOUTH-EASTERN PORTION OF VERMONT.
Popular impressions-Charles Phelps returns home-Evans-Shattuck-Church, his imprisonment-His sufferings-His release-Timothy Phelps-His attempt to disperse the Superior Court-Is surrounded and surrenders his sword of office-His confinement in the jail at Bennington-Letters written while in prison-Maltreatment-Effects his release-Gov. Clinton's letter to Church- Social disorder in Guilford-Vermont Legislature in grand committee-Result of their deliberations-Act of the General Assembly-Seizure of Luke Knowl- ton-The examination of those engaged in the seizure-Ineffectual attempt to take Francis Prouty-Benjamin Carpenter taken by the Yorkers-Incidents -- Petition addressed by the New York party to the Government of Vermont- Gov. Chittenden's reply-More depredations-Stephen R. Bradley's letter to the Guilfordites-Head-quarters of the state troops at Brattleborough-Daniel Ashcraft-Attack on the inn at Brattleborough-Oliver Waters taken-Re- taken by Joseph Tucker and his men-Tucker in pursuit of Timothy Phelps- Phelps taken at Hadley and carried off-Foray of the sheriff of Hampshire county, who releases Phelps-Tucker and his party tried and fined-Tucker's complaint.
THE New York party in Vermont, though reduced to a mino- rity, were still unwilling to abandon their cause. Startling reports of negotiations between the Governor and Council of Vermont on the one hand, and the agents of the British minis- try in Canada on the other; the flight of Luke Knowlton of Newfane, and Samuel Wells of Brattleborough, on the receipt of information of the passage by Congress, in secret session, of a resolution authorizing their arrest by the Commander-in- chief, in consequence of " a dangerous correspondence and in- tercourse" in which they were said to be engaged "with the enemy ;" the constant passing and repassing of messengers ; the fact that passports could be obtained from Governor Chitten- den which would give the bearer a safe-conduct among the British in Canada-these and other circumstances induced
486
HISTORY OF EASTERN VERMONT.
[1783.
many to believe that Vermont was preparing to desert the American cause, and influenced some to seek protection from New York. In the town of Putney, forty of the inhabitants who had formerly acknowledged the authority of the latter state, returned to their allegiance. In a petition addressed to Gover- nor Clinton, a number of the citizens of Hartford and Pomfret begged that they might be considered not " as those who had rebelled against the best of governments," when the district of the New Hampshire Grants should again become subject to New York .*
Notwithstanding the determined opposition with which the government and people of Vermont received the resolves of the 5th of December, those for whose relief they had been passed were not deterred from attempting to avail themselves of the rights which, according to these resolves, they were entitled to claim. Depending on the support of Congress, a certain Paul Nichols repaired to Bennington and endeavored to obtain pos- session of a gun and a quantity of ammunition which had been taken from him in the month of September previous. But Samuel Robinson, to whom he applied, denied that his property had been seized on the occasion referred to, and refused to listen to his application.
Determined to await the decision of Congress, Charles Phelps had remained in Philadelphia until the resolutions had been approved of. On the 9th of December, 1782, he set out on his return, bearing dispatches to Governor Clinton. Owing to a heavy fall of snow and the impassableness of the roads, he did not reach Poughkeepsie until towards the close of that month. On arriving at Marlborough in January, 1783, he desired three of his friends to accompany him and be present when he should demand the restoration of his effects. Whatever his previous opinion may have been concerning the efficacy of the resolves of the 5th of December, he now became convinced that they would accomplish but little unless supported by a military force. His demands were treated with scorn, and he found himself unable to obtain restitution or damages. He was in- formed that his sword, which had been taken from his son's bedroom, was in the possession of a Dummerston man, who had sworn that Phelps should never "have it any other way" than by receiving it in his body. He was also assured that a war-
* George Clinton Papers in N. Y. State Lib., vol. xvii. docs. 4939, 5055. .
.
487
THE FOUR BANISHED YORKERS.
1783.]
rant for his arrest was now in the hands of a Vermont deputy, and that he was liable to be taken at any moment. For greater security, he left his home and family and took up his residence in Guilford, the stronghold of the New York party. Here he remained during several months, and to this town he often resorted at a later period when safety counselled concealment .*
Of the four Yorkers who had been banished from the state and HenryEvans deprived of their property, Henry Evans, as has been already stated, having dared to return, was, for some reason not apparent, allowed to remain unmolested, though he still preserved his former views, refused to submit to the claims of Vermont, acknowledged the authority of New York, and maintained a friendly correspondence with Governor Clin- ton in behalf of him- self and his associates. William Shattuck, af- Um Shattuck ter an absence of more than two months, re- entered the state on the 15th of December, 1782, and there remained among his friends until the beginning of the following January, when he received a summons from Governor Clinton, desiring his attendance at Poughkeepsie. His transactions with the Governor being ended, he returned home early in February, but had hardly become reinstated in his house when he was informed that a party, " employed by. the express order of the pretended Superior court, in that district of country called the New Hampshire Grants," were on the alert to arrest him. He accordingly fled to Guilford, confident that the Vermonters could not raise a force on the east side of the mountains sufficient to apprehend him while he continued under the protection of his friends in that town. But he did not remain here long. Being desirous of notifying to Governor Clinton the condition of himself and his friends, he again visited Poughkeepsie, where, on the 22d of February, he made a formal deposition before Robert Morris of such facts as he deemed important. A few days later he was sent with dispatches to Philadelphia. Although a warrant
* George Clinton Papers in N. Y. State Lib., vol. xvii. docs. 4897, 4898, 4909, 5009. MS. Depositions of Charles Phelps.
488
HISTORY OF EASTERN VERMONT.
[1783.
for his arrest was in the hands of the proper officer, yet so long as he prudently refrained from rendering himself obnoxious to the laws of Vermont by special acts of disobedience, he was allowed to hold communication with his family without being moletsed .*
The sufferings of Timothy Church, as ~Timothy Chaude has been previously shown, were more in accordance with the denunciations with which he and his friends had been threatened in the sentence of the Superior court. Having returned to Brattleborough on the 15th of December, 1782, he was seized on the 22d, in his own house, by a party of armed men, acting under the author- ity of Vermont, and taken to Westminster, where he was handcuffed and placed in jail. On the day following his arrest he was ironed, and conveyed across the mountains to Arlington. On reaching this place his irons were removed, but on being brought before Governor Chittenden he was again shackled by direction of that official, and committed to the jail in Benning- ton. For the first half week of his confinement he was kept in irons both by night and by day. During the four succeeding days his irons were taken off in the morning and put on again at evening. Subsequently these restraints were entirely re- moved. Being regarded with especial distrust, since by his own confession he had opposed the officers of Vermont after subscribing the " freeman's oath," a petition, in which he beg- ged to be released, was viewed with but little favor by the Governor. But the temper which it displayed was regarded by some of the state Council as a favorable indication, and pro- bably secured for him milder treatment than under other cir- cumstances he would have received. With the design either of extorting a large sum of money from his friends for his ran- som, or of forcing him to an unconditional submission, or of intimidating others who might be inclined to disobey the laws of Vermont, a report was disseminated that he was to be exe- cuted, and he was advised to prepare for the fatal hour. The currency which this rumor obtained is evident from its frequent
* George Clinton Papers in N. Y. State Lib., vol. xvii. docs. 4909, 4910, 4941. MS. Deposition.
489
IMPRISONMENT OF CHURCH AND PHELPS.
1783.]
repetition in the letters written by various citizens of Vermont at that period.
At the end of a month and a half the solitude and misery of confinement was made more tolerable by the presence of a friend -a political prisoner like himself-and from that time until the hour of his release, he found intelligent sympathy in the company of Timothy Phelps, the deposed sheriff of Cumberland county. Wearied with vain attempts to propitiate the govern- ment of Vermont, Timothy Church and Timothy Phelps deter- mined to notify to Governor Clinton their condition, in the hope of obtaining some relief through his interposition. The docu- ment in which they made known their situation and prospects was dated the 28th of March. It was drawn by Charles Phelps, and abounded in all that fulsomeness of diction and redundancy of expression, by which both his compositions and conversation were distinguished. Though intended especially for the peru- sal of the first person named in the direction, it was addressed to " His Excellency Governor Clinton, His Excellency General Washington, and to the Honorable Continental Congress as the Supreme Council of the United States of America." Of the various topics discussed in this memorial-some of them wholly irrelevant and many of them unimportant-the most interesting to the prisoners were, without doubt, those which related to their situation and the means by which they could obtain relief. The description of their condition was sufficiently graphic. They are confined, wrote the amanuensis, "in the nasty, scan- dalous prison, erected by that detestable and most rebellious people, called the Vermonters, in Bennington." In summing up the causes of their unhappiness, the same fertile pen declared it to be immeasurably disgraceful for them to be compelled to suffer imprisonment "from that vile nest of detestable, sedi- tious Vermonters," more especially at that period "when the triumph of the American arms" was adding transcendent lustre " to the honor, dignity, and grandeur of the arms of their glori- ous allies both by sea and land ; reflecting lasting honor on the power, virtue, and courage of the house of Bourbon ; and as- serting the honor, establishing the grandeur, and eternizing the dignity and glory of his most Christian majesty's triumphant flag."
Sentiments and words like these, although they might have been hailed as patriotic had they originated elsewhere, did not serve to aid those for whose benefit they were intended. On the
490
HISTORY OF EASTERN VERMONT.
[1783.
contrary, it was noticed that from the day on which this grandi- loquent application was drafted, the jailer refused to supply Colonel Church with food. But his friends did not desert him in this emergency. The "good people of Guilford" contributed from their wasted estates liberally for his support; and from the money which they sent him he was enabled to supply his wants during the remainder of his confinement. From the let- ters which the prisoners themselves wrote while at Bennington, it is clear that the life they there led must have been odious in the extreme. "Our estates," said they, in a joint communica- tion to Governor Clinton, dated the 10th of April, " our estates -everything that we had-are seized and sold; our families are in the greatest want; destruction has seized our habitations, and we are left by our masters to perish in prison. This has befallen us because we have been true to Congress, and faithful to the state which we have ever been in. If there is any pros- pect of our being released from this stinking jail, we should be glad to know it, for we cannot stand it much longer. We came home under the royal law of Congress. That law Vermont pays no regard to, and without speedy help we shall sicken and die." In another letter to the same gentleman, dated the 1st of May, " It seems hard," they wrote, " that officers of a sove- reign state, who have jeoparded their lives in the high places of the field* against the powers of Great Britain, should be kept in close prison by enemies of the United States against the royal law of Congress." Though in terms like these they bewailed their misfortunes, yet they were not ignorant of the conditions on which release could be obtained. To submit to these conditions was, however, a humiliation to which for a long time imprisonment seemed preferable- a disgrace, the indignity of which was only to be incurred when all hope of relief from other sources had failed.
During the late session of the General Assembly, a law had been enacted on the 24th of February, intended to facilitate the return to their allegiance of those who were desirous of again becoming subjects of Vermont. In the preamble of the act a suggestion was entertained, that some of those persons who had lately been convicted "of conspiring and attempting an invasion, insurrection, and public rebellion" against the state, and had been banished therefor, were "penitent and desirous of returning to
* Judges, chap. V. v. 18.
491
RELEASE OF TIMOTHY CHURCH.
1783.]
their duty." To this was added a declaration that the Assembly were desirous at all times of showing mercy, provided it could be done consistently with the public safety. On these grounds the Governor and Council " were fully authorized and empow- ered," in the words of the act, "upon application to them made during the adjournment of this Assembly, to pardon any of the said persons who have been banished from this state by the Supreme court, as aforesaid, in as full and ample a manner as this Assembly could do if convened." At the same session another act had been passed, granting pardon to Timothy Church who had been "found guilty of treason," but who had by his own petition declared his "sincere and hearty penitence, and a determination to behave orderly and submissive" in case he should receive forgiveness. The condition of pardon and of the remission of the sentence passed upon him in the month of September, 1782, was the payment of all costs which had accrued in consequence of his trial and imprisonment.
Aware of these legislative provisions, and weary of prison life, Colonel Church at length applied for his release. In answer to his application, Governor Chittenden informed him that, to obtain a discharge, he would be obliged to give his bond with surety for the payment to the treasurer of Vermont of £20 10s. lawful money of Massachusetts, the sum due for costs of trial ; and pay £4 11s. for seven weeks' board in jail. To these terms he consented, and on the 16th of May left a prison where he had dragged out nearly five months of confinement in cold, want, and pain. During the period of his banishment, his family had been permitted to reside upon and improve his farm, "by the permission and indulgence" of the state. The same privilege® was now accorded to him. But his whole estate was still regarded as confiscated, and levies were not unfrequently made upon his cattle or his household goods, whenever a collection was to be made to replenish the treasury of the state. In a deposition which he made on the 24th of June, referring to the sufferings to which he had been subjected, he stated that, " al- though no formal regular charge" had been exhibited against him, he was satisfied that "the only cause for which he was apprehended and confined was his returning home after he had been banished," and that the cause of his banishment was the acceptance of a commission from the state of New York. On the same occasion he affirmed his loyalty in the most positive manner, declaring that he "never did acknowledge himself to
492
HISTORY OF EASTERN VERMONT.
[1783.
owe allegiance or subjection to the pretended state of Vermont, but, on the contrary, had always, since the first attempt to establish that pretended state, claimed himself to be a subject of the state of New York."*
At the close of his imprisonment at Westminster, Timothy Phelps with his three associates, on the 4th of October, 1782, had been carried across the Connecticut into New Hampshire, and there banished for ever from the state of Vermont, the penalty to be death in case he should return. Finding himself free to travel anywhere except within the prohibited district, Phelps bent his course southward, and on reaching Hadley, Massachusetts, tarried there awhile at the house of his brother Charles. Thence he proceeded to Norwich landing, Connecti- cut, and was there residing with a brother-in-law when he heard of the passage of the resolves of the 5th of December. With full faith in the efficacy of their provisions he returned home in the latter part of January, 1783. The rejoicings of his family on this occasion were heartfelt and triumphant. They not only believed their troubles ended, but were confident that their fortunes were made; that the estates which had been confis- cated would be restored; and that immense damages would be awarded for false imprisonment, banishment, and threats of death. Though it is hardly possible that anticipations as bright as these could have met their full realization from any act of the people or government of Vermont, yet it is highly probable that Phelps, had he remained quietly on his farm, would have suffered little or no molestation. But such was not his nature.
On the 4th of February, a session of the Superior court was held at Marlborough. The presence of the judges in his own town, before whom he had been tried and found guilty, and from whom he had received sentence of banishment, aroused within the breast of Phelps that old feeling of hatred, which absence from the scenes in which it had been most exercised had tended in some degree to abate. Confiding in the power under which he acted, and completely assured that no body of men claiming to be Americans would dare to disregard the decrees of the highest council in the United States, he boldly entered the court-house on the second day of the session, armed and garbed as a sheriff deriving authority from the state of New York.
* George Clinton Papers, in N. Y. State Lib., vol. xvii. docs. 4951, 5009, 5066,
5105. Acts Gen. Ass. Vt., Feb., 1783. Slade's Vt. State Papers, pp. 467, 470.
493
EXCITING SCENE IN THE SUPERIOR COURT.
1783.]
Having reached a commanding position, he reminded the court that they were exercising a usurped authority, and referring to their action on a former occasion touching himself, demanded of them full and ample restitution for the injuries he had sus- tained by banishment, by the confiscation of his property, and by the loss of personal liberty. He then took from his pocket the resolves of Congress, but had hardly commenced reading when he was interrupted by the chief judge, the Hon. Moses Robinson of Bennington, afterwards Governor, who exclaimed : -" What supercilious arrogance have we here? Sheriff, take that disorderly man into custody ! We are not subject to the authority of Congress !" These words, pronounced with emo- tion, and in a voice corresponding with a scene so strange and unexpected, threw the whole house into confusion, and put an end at once to the business of the court.
Sharing in the astonishment which was visible in every coun- tenance, and confounded at the audacity of the veritable sheriff of Cumberland county, the Vermont sheriff, Dr. Elkanah Day, hesitated whether to obey the order or not. Noticing this indecision, Phelps, whose natural bearing was dignified and manly, drew himself up to his full height, and elevating his powerful voice, commanded, " in the name and by the author- ity of the state of New York, and of the Continental Congress, the unlawful assemblage before him, forthwith to disperse." The courage manifested in the attitude he had assumed, sus- tained as was boldly claimed by a power capable of making itself respected, was not without its effect on the audience. However the authorities of Vermont might despise and resist the laws of New York, they could not be blind to the fact that on many occasions Congress had been the sheet-anchor of their hopes, the promoter of their welfare, the defender of their hearths and homes. For a moment, reflections like these seemed to pervade the thoughts of all present. The Vermont sheriff, as he stood confronting the man who claimed his title and office, seemed perplexed. At this juncture the voice of Judge Robinson was again heard :- " Sheriff, do your duty ! Imprison the convicted traitor !" Commanding the populace to render their assistance in case he should require it, Dr. Day drew his sword of office and prepared to make the arrest. Phelps seeing that resistance would be useless, that popular feeling was against him, and that there were none present to support him in case he should attempt his own defence, quietly
494
HISTORY OF EASTERN VERMONT. [1783.
awaited the result. The sheriff approached. " What is your will, sir?" demanded Phelps, as he laid his hand on the hilt of his sword. "You are my prisoner, disarm yourself !" replied the sheriff. While engaged in unbuckling his sword-belt, Phelps turned towards the crowded assemblage and said, " Fel- low-citizens of Cumberland county, your sheriff is deserted ; his lawful authority is disobeyed; I yield to brute force." Ad- dressing, then, the officer, he reminded him that the usurped authority under which he acted, would, in all probability, be of short duration; that Congress were willing, ready, able, and had pledged their honor to execute their decrees; and that a terrible retribution for the deeds of that day would soon over- take him and the masters he served. With these sentiments on his lips, Phelps placed the hilt of his sword in the hand of his opponent, and yielded himself a prisoner.
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