USA > Vermont > History of eastern Vermont, from its earliest settlement to the close of the eighteeth century with a biographical chapter and appendixes > Part 50
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While the sheriff was bearing him off, the populace, the ma- jority of whom were his near neighbors, followed in disorderly procession. Though up to this hour they had been in the daily practice of interchanging with him the civilities of friendship ; though many of them had often received assistance and kind- ness at his hands ; though some were even then living on farms which they had obtained by his aid-forgetting these favors, they were now foremost in heaping condemnnations upon him, on account of his political offences. As they crowded around him, they gazed at him with the same sort of curiosity in their looks and actions, as they would have shown had he been a chained lion, just taken from the forest, whom his keepers were conveying to his cage. Until a decision should be made as to his future treatment, Phelps was placed in the guard-house at Marlborough. Opinions were various as to the course which should be pursued towards him. By some he was adjudged guilty of death, since he had rendered himself liable to the penalty denounced against him in case he should return. There is a tradition that he was even sentenced to be hung; that he was informed by those who came to visit him that his doom was fixed ; that the rabid language of the multitude, which he was compelled to hear, justified the sacrifice that was to be made ; and that the reflections natural to one placed in a condition so solemn as was his, were disturbed by the sounds which echoed from the blows of the workmen as they fashioned in the jail- yard the gallows on which the traitor was to die.
Happily for all parties, gentler counsels prevailed. Prudence
495
SUFFERINGS. OF TIMOTHY PHELPS.
1783.]
or humanity dictated another course. Before the court had closed their session, the sheriff received an order "to transport Timothy Phelps, by the nearest and most convenient route, to Bennington jail, and commit him to the keeper thereof, to await the further order of the law in his behalf." He remained dur- ing the rest of the week at Marlborough, under the care of a guard of armed men, who at the end of that time escorted him across the mountains, and on the 11th of February lodged him in Bennington jail. Thus was Timothy Phelps, in the dead of a Vermont winter, incarcerated in a cold and cheerless prison with common felons. He was not, however, entirely deprived of sympathy. In the company of his friend and fellow-sufferer, Timothy Church, he passed many an hour which would other- wise have been devoted to the most mournful reflections. Be- ing permitted to maintain a correspondence, he beguiled his moments by writing to his family, and to others whom he be- lieved interested in his condition. From the first letter which he wrote, jointly with Col. Church, to Governor Clinton, and from the petition drawn by his father, Charles Phelps, which accom- panied it, extracts have been already given. Another commu- nication from the pen of the latter gentleman in behalf of the prisoners, bearing date the 8th of April, shows that Church was not alone in being thrown upon his friends for support. "My son has again sent to me for more money to subsist himself upon in prison ;" wrote Charles Phelps, "how I can get it I know not."
It is from the letters of Timothy Phelps himself, however, that a true idea may be formed of his condition while in the jail at Bennington. "You must excuse my scrawl for I wrote it on my knee," he remarked at the close of a letter to Governor Clinton, dated the 1st of May. "I meet with insult on insult," wrote he in another portion of the scrawl. " Vermont authority have seized and sold all my goods, chattels, and estate, and they keep me close confined in jail without any kind of support. My money is all gone, and I live upon the charity of my friends. My family are put to the greatest straits. My health decays, and when hot weather comes I don't know what I shall do. The officers of Vermont tell me that I shall be in jail to all eternity unless I petition to their Governor. I tell them I will see them all damned before I will, without Congress shall make them a state. It is to my own masters I stand or fall." Proving thus his loyalty both by his words and his deeds, he besought Clinton to inform him whether there was any proba-
496
HISTORY OF EASTERN VERMONT.
[1783.
bility that Congress would make any exertions to enforce the " royal law" of the 5th of December last, trusting to which he had returned in spite of the sentence of banishment which had been passed upon him .*
In a subsequent communication, he again reminded Governor Clinton of the losses he had sustained, and of the privations he was enduring in consequence of his attachment to New York. Then referring to the last attempt that Congress had made to relieve the subjects of that state, he exclaimed :- "If the au- thority of thirteen sovereign states cannot put one law in force so just as this is, too-a law built on holy writ-the Lord have mercy on them !" "I am in a much worse situation," he added, "than Col. Church was. They have ruined and undone me, and now they seek my life to take it away. I cannot consis- tently with my oath do anything towards petitioning the autho- rity of Vermont, before I hear from my Governor. Therefore, if there is no beam of hope that Congress will ever put that law in force, I wish I might know it. Then the world will know that the authority of Thomas Chittenden, Esquire, is above that of all the rest of America."
The meat which Phelps was compelled to eat was that which had been condemned as unfit for others. The cruelty of the treatment he experienced, and the loathsomeness of the prison, reduced him to "a low, languishing, and sickly condition," which led him to apprehend that death would soon put an end to his troubles. Not content with subjecting their prisoner to the rigors of cold, hunger, and confinement, some of his more thoughtless persecutors often amused themselves by reviling Congress, and cursing the troops of the United States in his presence, for the purpose of engaging him in an argument. On one occasion the sheriff of Bennington county came to him in the dead of night, and told him he was to be hanged in three
* The letter from which the above extracts have been made, was found by John D. Fonda, at a town-meeting in " Hoosick District," a few days after it was written, " passing from hand to hand," and was by him forwarded to its destina- tion. In the note which he sent with it, dated May 8th, 1783, he said :- " A few days ago I sent some money to Col. Church, understanding his necessity in gaol, and I believe the within letter was meant to be given to me to send to your Excellency. The prisoners not only receive hard usage and threats, but are sometimes thirty-six hours, as I hear, without anything to satisfy their craving appetites. I would have gone myself to see the gentlemen, but, to tell your Excellency the truth, it is not safe for me to go to the gaol to support them." George Clinton Papers in N. Y. State Lib., vol. xvii. doc. 5042.
497
CHARACTERISTIC CONDUCT OF ETHAN ALLEN.
1783.]
or four days. "I am surprised," remarked Phelps with compo- sure, " that you should presume to execute the high-sheriff of the county of Cumberland, in the state of New York, which is, by the grace of God, free and independent." This answer enraged the Vermont sheriff, and a violent discussion ensued, which ended in a repetition of the threat with which the con- versation had begun-a threat intended only to frighten. Hop- ing to obtain, at least, temporary relief, Phelps reminded Judge Robinson of the disregard paid to the resolves of Congress by the very cruelty with which he was treated. But the Judge informed him that he looked upon Congress with the utmost disdain, and asked himn how he could suppose the people of Vermont could do otherwise than coincide in this sentiment.
During his confinement he was sometimes visited by Ethan Allen, whose tyrannical manner, always unpleasant, was parti- cularly distasteful to the imprisoned official of Cumberland county. With his accustomed oath, as familiar to his lips as "By the Eternal" is said to have been to the lips of Jackson, Allen would often swear before him that "he would march into Albany with his Green Mountain Boys, and set up and be absolute monarch of all America." His language on other occasions was mingled with that bitter sarcasm so peculiar to himself, and so forcible when he chose to employ it. “ Con- gress cannot release you," said he to Phelps ; "I swear they can't." "I have written largely," he continued, " concerning the rights of Vermont in books that have been published to the world, and I have also written a remonstrance against these resolves of Congress. All the world knows that Congress can't break up states, much less this state which is the oldest in America." " You have called on your god Clinton," he added, in a manner as taunting as was that employed by Elijah towards the prophets of Baal, " you have called on your god Clinton till you are tired. Call now on your god Congress, and they will answer you as Clinton has done."
Spring had passed, the summer had begun, and the suffer- ings of Phelps, whose condition would have been comparatively comfortable had he been treated like a common prisoner, had become almost intolerable. Allen had counselled him to apply to Governor Chittenden for relief, and the silence of Governor Clinton, of whom Phelps had asked advice, was construed as favoring this course. At this juncture he was visited by his wife, who, with her infant six weeks old, and her brother a boy
32
498
HISTORY OF EASTERN VERMONT.
[1783.
of sixteen, had crossed the mountains on horseback for the pur- pose of effecting the liberation of her husband. The appeal which she made to Dr. Joseph Fay, in behalf of the prisoner, was not without effect. "Let him now," said the Doctor, " abandon those who have abandoned him; adhere to the laws emanating from an authority able and willing to protect him; and give us his word of honor that he will do so, and he may be assured that he will thereupon be liberated from prison and protected in his rights." Having determined to obtain his re- lease, if possible, Phelps presented to the Council of Vermont, who were then convened at Arlington, a petition in which he prayed to be discharged from the sentence of the court which had been passed upon him in September last, and promised "allegiance and obedience" to the laws of the state. The Council required him to pay the costs of the trial which had resulted in his imprisonment, together with the charges arising from his commitment and support, and to give a bond with large security for his good behavior. With these terms he complied on the 24th of June, and thus was ended an imprison- ment whose effects, both on the body and the mind of the suf- ferer, ceased only with his life .*
On the 15th of June, Charles Phelps was informed that a number of the people of Vermont were coming with an armed force to seize him and others, with the intention of confining them in the jail at Bennington. To avoid the danger he fled to Poughkeepsie, and, in a deposition drawn by Governor Clin- ton, declared his belief that there was a plan on foot to arrest a number of the principal persons opposed to "the pretended state," in order that the collection of Vermont taxes might be rendered more easy. On the same occasion, Timothy Church committed to writing an account of the indignities he had been compelled to suffer. As a result of the information thus com- municated, Governor Clinton, on the 24th of June, addressed to the latter gentleman, who was about to return to Cumberland county, a letter of advice in these words :-
" In consequence of the communications which have been made to me by Mr. Phelps and yourself, with respect to the present situation of the subjects of this state in Cumberland
* MS. Narrative of the Phelps Family. MS. Deposition of T. Phelps, Feb'y 7th, 1784. Records of Vt. Council. George Clinton Papers in N.Y. State Lib., vol. xvii, docs. 4939, 5009, 5042, 5066.
499
1783.]
CLINTON'S LETTER TO TIMOTHY CHURCH.
county, and the dangers which they appear to be threatened with, I would advise you in case of an attempt by the usurped government of Vermont to compel obedience and submission from any persons claiming to be subjects of this state, to call out your regiment under the militia law, and, by opposing force to force, endeavor to quell the insurrection : and if any of the inhabitants professing to be subjects of this state should be made prisoners by the authority of the usurped government, I would advise you to retaliate by taking as many of the insur- gents, and detaining them under secure conduct as hostages, until the matter can be represented to Congress. In order that you may be prepared to defend yourselves against these vio- lences, it now becomes your duty particularly to see that your regiment is properly provided and equipped with arms and ammunition, agreeable to the directions of the militia law. I would, at the same time, again impress you with the propriety of still strictly observing the resolutions of Congress, recom- mending peace and forbearance, and that you in nowise be the aggressors, and would earnestly advise you to use every pacific mean consistent with the obligation of allegiance to this state, for preventing matters from being brought to a decision by arms, and that in no instance you recur to force, unless your persons or properties are in certain immediate danger. Taking due care at the same time to guard against surprise, I shall take the earliest opportunity of transmitting to Congress the depositions of yourself and Mr. Phelps, informing of the treat- ment you and Mr. Timothy Phelps have received from the usurped government, and I have no doubt that Congress will discover the necessity of their immediate interference for your relief and protection, agreeable to the public faith solemnly pledged in their resolutions.
" From the communications made to me by the delegates of this state, I have reason to believe that if the attention of Congress had not been necessarily diverted from the subject, first by the deranged state of our public affairs, and after- wards by the great event of a peace, they would ere this have taken measures for enforcing obedience to their re- solutions, and have determined as to the boundaries of the state. And I flatter myself the question will very soon be resumed and decided.
"There are many considerations which I forbear repeating, and which should induce us to rest the determination of this
500
HISTORY OF EASTERN VERMONT.
[1783.
matter with Congress, in whose justice we ought to have the fullest confidence, and who can command the force of the United States to carry their decisions into effect."*
Such was the language in which Governor Clinton endea- vored to relieve the despondency of men, who, like Church and the Phelpses, were daily subjected to indignities or derision on account of their loyalty to New York.
During the summer of 1783, although no outbreaks worthy of especial note occurred between the two parties, yet their sus- picions of one another increased daily. In Guilford the York- ers held the power and prevented the Vermonters from execut- ing their laws and collecting taxes. But this exercise of author- ity did not prevent the Vermonters from maintaining a cor- respondence with the state government. By means of commit- tees, the Council were informed of the movements of the oppos- ing party, and a knowledge of this communication served as a partial check upon the conduct of the Yorkers. The result of such a condition of affairs was mutual terror and distrust. Arms were carried-by the bold openly for assault when oppor- tunity offered, by the timid secretly for defence when necessity compelled. Houses were divided-the father upholding the jurisdiction of New York, the sons maintaining the supremacy of Vermont. Friendships the most intimate were disturbed. The word neighbor carried no meaning with it beyond the idea of contiguity. The physician could not visit his patient in safety unless protected by a pass. The minister of the gospel failed to enforce the doctrine of Christian charity on the hearts of men who knew none for one another. Letters from Governor Chittenden were circulated by the one party, denouncing the severest retribution upon those who should disregard the laws of Vermont. Words of encouragement issuing from Governor Clinton were repeated by the other party with great unction, and better times were prophesied when Congress should enforce the claims of New York. Handbills, inflammatory in nature and unconciliatory in spirit, were posted on tavern, and on dwelling, and on fence ; were seen peering from the pockets of sturdy farmers ; and were thrust under doors at night to be picked up and read in the morning. Social order was at an end. The farm and the workshop were neglected. But for the mutual suspicion that lurked in every eye and burned for utter-
* George Clinton Papers in N. Y. State Lib., vol. xvii. docs. 5104, 5105, 5106.
501
RESOLUTE ATTITUDE OF THE NEW YORK PARTY.
1783.]
ance on every tongue, one would have supposed that an Indian force was expected, as in earlier times, that had vowed to ravage the fields, burn the village, and murder the people. Sometimes the Vermont authorities would determine to arrest a " violent Yorker." A scene of confusion would ensue resem- bling the beginning of a civil war. The pay-rolls, which are still preserved, bear witness to the frequency of the calls made upon the soldiery on both sides of the mountains to " go on an expedition to assist the sheriff in Windham county."
The resistance of the New York party had now assumed a form so determined, that the government of Vermont were convinced, that, unless speedy and stringent measures were taken, results would follow which might be fatal to the well- being of the state. At the autumnal session of the Legislature, the condition of the state was the principal topic of discussion. To ascertain the views of all to whom the administration of the government had been entrusted, the Governor, the Council, and the General Assembly united in grand committee on the 22d of October, and in this capacity held a long and serious consul- tation. Forcible resistance was deemed the only remedy which could be applied with any hope of success, and the measures recommended were consequently of this nature. The report of the committee was readily adopted by the General Assembly, and an act was passed for " the purpose of raising one hundred able, effective men to assist the civil authority in carrying into execution the law in the southern part of the county of Wind- ham." In the preamble of this act it was stated that a number of persons living in the southern part of the aforesaid county, had banded together " to oppose sheriffs, constables, and col- lectors in the due execution of their offices," and in many instances had proceeded to "outrageous abuses" which threat- ened the ruin of government unless speedily remedied.
The command of this special company of state troops was entrusted to Col. Benjamin Wait; and to him and to Brig .- Gen. Samuel Fletcher power was given to discharge the new levies within the six months for which they were to be enlisted, provided they should have accomplished the end desired before the close of that period. They were required to furnish them- selves with arms, but the commissary-general was directed to supply them with ammunition, provisions, and " spirituous liquor." In the subsequent deliberations of the grand com- mittee it was distinctly asserted that the intention of govern-
502
HISTORY OF EASTERN VERMONT.
[1783.
ment was not "to be severe" with those who had heretofore opposed the laws of Vermont, provided they should now become citizens of the state. Colonel Wait was accordingly directed to issue special orders to his men, not to meddle with the person or property of any who should quietly submit. The committee also announced that those who should voluntarily yield, and take the oath of allegiance to the state, should not be prose- cuted on the part of the freemen of the state, until the rising of the next session of the Legislature, and, in addition to this con- cession, engaged at that time to pass an act of pardon in their favor, in case they should petition for forgiveness. At the same time the committee notified their intention of using their influ- ence to persuade the Governor and Council to remit the fines which had been previously levied on the Yorkers. In closing their consultation, they declared that the only way in which those who had sustained losses by confiscation could receive remuneration, was by submitting to government and asking compensation of the Legislature .*
In conformity with the spirit exhibited in the conciliatory portion of the deliberations of the grand committee, the Gene- ral Assembly, in a formal resolution passed on the 23d, requested Governor Chittenden to issue his proclamation, offering a free and ample pardon to all persons resident in the southern part of Windham county, who, having heretofore opposed constituted authority, should now take the oath of allegiance before any justice of the peace, within thirty days after the promulgation of the offer of forgiveness. On the same day an act, displaying a different temper, was passed by the General Assembly, " to prevent the inhabitants of New York being allowed greater privileges within this state than the inhabitants of this state are allowed within the state of New York." By this act it was settled " that no person or persons, being an inhabitant or inhabitants of, or residing within the jurisdiction of the state of New York, shall, within the time of his, her or their residence as aforesaid, commence any suit or suits at law, within the jurisdiction of this state, against any inhabitant or resident thereof, for any civil matter or con- tract, until the Legislature of said state of New York shall allow the inhabitants of this state full liberty to commence the
* Thompson's Vt. Gazetteer, pp. 142, 143. MS. Report of Grand Committee, Oct. 22d, 1783. Slade's Vt. State Papers, pp. 476, 477.
503
ARREST OF KNOWLTON BY THE YORKERS.
1783.]
like suits within their jurisdiction, and without any such lets or hindrances."* Upon the majority of the Yorkers these measures-some of them defiant, others protective, and still others persuasive-tended to produce an effect contrary to that which had been expected. Opposition served to unite them, and until they should find defeat inevitable they resolved to withstand the execution of laws originating in an authority which they did not acknowledge. At the same time they were equally determined to pursue such a course on other occasions, as they should deem best calculated to promote the interests of New York and of the United States.+
Owing to the part which they had borne in the negotiations which Vermont-not only for her own safety as a state, but also as a supporter of the cause of America-had been com- pelled to carry on with the British in Canada, Luke Knowl- ton and Samuel Wells had been suspected of being in the service and pay of the enemy. For this reason Congress, in secret session, had on the 27th of November, 1782, ordered their arrest. But they, having received notice of the order, had escaped before the officer, sent to take them, could arrive. A year had passed since the occurrence of these transactions, and Knowlton, having returned home, was now residing at Newfane. Many of the Yorkers still supposed him to be in league with the British, and for this reason were desirous of securing him, or of removing him to some other state. With this intention, Francis Prouty, Thomas Whipple, and Jonathan Dunkley of Brattleborough, John Wheeler and Darius Wheeler of Newfane, and a number of others,; being armed, as was represented, with "clubs, guns, swords, pistols and bayonets,"
* Slade's Vt. State Papers, p. 475.
t The annexed extract from a newspaper published at this period, contains a brief account of the submission of the citizens of Halifax to the authority of Vermont. The course pursued by them, was the reverse of that adopted by many of their neighbors.
" Windsor, Vermont, December 8, [1783.] Advices from the lower part of Windham county mention that the inhabitants of the town of Halifax, who have heretofore refused to support the authority of Vermont, and acted in opposition to its government, have lately come in almost to a man, taken the oath of allegiance, discharged their arrearage taxes, and appear desirous to assist in quelling those disturbers of the public peace, who have long infested the southern part of this state."-Boston Evening Post, Saturday, January 3d, 1784.
¿ David Howe, Samuel Noble, Ephraim Knapp, Ephraim Rice, Jonathan Stod- dard, Isaac Kendall, and Isaac Crosby were participators in the seizure .- MS. Court Records.
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