USA > Vermont > History of eastern Vermont, from its earliest settlement to the close of the eighteeth century with a biographical chapter and appendixes > Part 52
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33
CHAPTER XIX.
THE END OF RESISTANCE.
The gathering of the Vermont militia at Brattleborough-The number of the force -The march to Guilford in the snow storm-Spies-The Yorkers retreat-The fight at Packard's house-Sergeant Silvanus Fisk of the Vermont troops mor- tally wounded-Ethan Allen arrives with reinforcements-A number of Yorkers taken prisoners, and lodged in the jail at Westminster-The session of the Superior court at Westminster-Twenty-five Yorkers arraigned at the bar- Their trial-Conviction-Sentence-Vermonters take Daniel Shepardson pri- soner-Instruction to New York delegates in Congress-Report of joint commit- tee of Senate and Assembly of New York on the late transactions-Additional instructions-William Shattuck-Charles Phelps-Offenders pardoned-Resolu- tions of the General Assembly and Council of Vermont-The militia force at Guilford reduced-David Goodenough-He and Daniel Spicer are fired on by a scout from Lieut. Knight's company-Spicer is killed-Barbarous conduct of the Vermont militia-Account of Daniel and Jabez Spicer-Lieut. Knight informs the Legislature of Vermont of the proceedings at Guilford-Action of the Legislature-Rumors of war-The condition of Guilford-Governor Han- cock's proclamation-County house at Windsor-Attempt to interest Congress in the controversy-Court of Inquiry held at Westminster-The Yorkers petition for pardon-Their request granted by an act of the General Assembly -Charles Phelps pardoned-Letter of citizens of Brattleborough and Guilford to Gov. Clinton-Improved condition of Vermont.
IN the midst of these transactions, Colonel Church and Major Evans wrote to Governor Clinton, begging him to adopt such measures as would tend to their relief, and free them from the oppressions of the Vermonters. In their letter of the 16th of January, they informed him, that they were forced to be under arms day and night; detailed to him the names of those who had been imprisoned; and, filled with the dread of their foes and ready to believe every rumor which might be suggested, reported that an army of four hundred or five hundred Ver- monters were already stationed in separate divisions at Brattle- borough, Marlborough, and Halifax, ready to " kill, burn, and destroy all before them." These representations, although exag-
515
THE NUMBER OF THE FORCE.
1784.]
gerated, were destined to be verified, in part, during the follow- ing week. The seizure of Waters had confirmed the Vermonters in the determination they had taken to subdue the Yorkers by military force, and the time had now come for the execution of this design. The colonels of two of the nearest regiments were immediately informed that the period for action had arrived, and were requested to collect their companies and proceed without delay to the seat of war.
On Saturday the 17th of January, the day succeeding the publication of these orders, troops began to assemble, towards evening, at the rendezvous in Brattleborough, the inn of Josiah Arms. On the following day reinforcements arrived from the neighboring towns, and the usually quiet village rapidly assumed the appearance of a military station. The quiet of Sunday was disturbed by the roll of the drum and the shrill notes of the fife. The place of worship was deserted, for all were interested in the contemplated proceedings. Those who acknowledged the government of Vermont, freely opened their houses to the soldiers, while those who owed allegiance to New York barred their doors, and carefully guarded every entrance to their dwellings. Bullets were moulded ; guns prepared ; belts fur- nished ; buckles polished; dresses lacking in martial appearance were made more martial; and any arrangement which would tend to expedite the march was perfected.
The number of men who reported themselves on the morning of Monday, the 19th, ready for service, was more than three hundred. The regiment of state troops, the command of which had been given to Col. Benjamin Wait, mustered nearly a hundred guns, and was officered by Lieut .- Col. Elijah Knight, Maj. Josiah Boyden, and Capt. Benjamin Whitney. Of the first brigade of the militia under the command of Gen. Samuel Fletcher, the first regiment was officered by Col. Stephen R. Bradley, Maj. Samuel Minott, Adjt. Eliakim Spooner, and Quarter Master Benjamin Burt. From this regiment there were now assembled a company from Townshend of fifty-three men, commanded by Capt. Josiah Fisk ; one from Westminster of forty-four men, under the command of Capt. Silas Burk ; one from Putney of twenty-seven men, in charge of Lieut. Ebenezer Parker; and one from Rockingham of twenty-two men, commanded by Capt. John Fuller. Of the regiment of Col. John Sergeants, belonging also to Gen. Fletcher's brigade, Capt. Isaac Wheeler commanded a company from Wilmington
516
HISTORY OF EASTERN VERMONT.
[1784.
of thirty-two men ; Lieut. Daniel Gates one from Dummerston of twenty-two men; and Sergt. Sylvester Bishop one from Marl- borough of fifteen men.
Snow had begun to fall early on Monday morning, and when, a few hours after sunrise, the troops commenced their march, the storm had become so severe, and the roads so obstructed, that rackets were found of great assistance in increasing loco- motion. As the little army, piloted by Samuel Shepardson, advanced in a southwesterly direction, a violent northwester blowing the snow upon the right side of their faces, served to increase the unpleasantness of the undertaking. The ordnance department was composed of one old cannon, almost useless, from Dummerston, and was superintended by Ebenezer Haven and Isaac Miller. The soldiers marched in single file, about three paces distant one from another, and as they wound through the woods, appearing here at a clearing, and anon dis- appearing in a thicket, the effect upon those who beheld them was far more beneficial in inspiring fear, than would have been the display of a dozen field-pieces. The long procession, but dimly seen through the falling snow, left full scope for the imagination, and many believed that a numerous host was coming to ravage, burn, and destroy. In the lower part of Brattleborough, the advanced guard noticed on the further side of the fence that skirted the road, a man on horseback stationed on a little elevation, who rode off at their approach. Others similarly posted were met further on, and it now became evident that spies had been placed along the whole line of the route by which the troops were advancing. The service which these spies unintentionally performed for the Vermonters, was far from being trivial. Deceived by the appearance of the approaching columns, they rode back to their friends and reported that the enemy was a thousand strong. At the same time the Vermonters were informed by some persons whom they had captured, that the Yorkers to the number of a hundred and sixty, had taken a pledge to fight to the death. At Guilford the soldiers halted for the night, obtaining shelter in houses, barns, and such other places as afforded protection from the storm.
On the morning of Tuesday, the 20th, hostilities commenced. About forty Yorkers had rendezvoused at a house in Guilford occupied by a man named Stowell, and had stationed themselves not only within, but around the building, and behind an adjacent
517
COMMENCEMENT OF HOSTILITIES.
1784.]
pile of logs. But at the sight of the armed militia they quailed and fled, with the exception of eight or ten who were captured. After running half a mile, their course being most of the way descending, they again took a position in the house of a Mrs. Holton, a widow, situated on a plain, and again swore to stand their ground and "fight it out." Meantime Captain Burke's men, with two other companies, stopped and took possession of Stowell's house, while Captain Whitney and his followers pushed on to dislodge the Yorkers at Holton's. This was easily effected, for no sooner had Whitney and his troops reached the house than the Yorkers again ran, halting at a point about half a mile further on. It was now between two and three o'clock in the afternoon, and as the valiant soldiery had found that they could enjoy accommodations in the houses which had been vacated by the Yorkers, they determined to suspend all warlike operations of an aggressive character until the morning. Having taken good heed to station guards about their encampments, and to send out spies to watch the motions of the enemy, they made preparations to spend the night as agreeably as their circum- stances would permit.
On Wednesday, the 21st, the troops assembled at Stowell's house. Part of them were detached thence to reconnoitre in Marlborough and Halifax, while the main body advanced in pursuit of the Yorkers. The snow had now become so deep that the officers, being on foot, found it difficult to perform their duty with all the alacrity which the circumstances required. Horses were accordingly procured for Colonel Bradley, Adju- tant Spooner, Dr. Elkanah Day, and others, and the supervision of affairs was thus rendered easier and more complete. On reaching the top of a hill, distant about a mile and a half from the Massachusetts line, the house of one Packard, a justice of the peace, near which it was supposed the Yorkers were assembled, was easily discerned. The Vermonters pressed forward, and as they approached the building, thirty or forty Yorkers, who were within at dinner, rushed out with their guns, and began to station themselves in an advantageous position. At Packard's house commenced a valley running south, through which lay the road. The elevation on the right had been cleared of brush and underwood, but there were still standing a number of girdled hemlocks, whose size and position afforded a safe cover to which to flee or whence to assail. A scattering growth of sugar maples on the elevation at the left, offered similar advan-
518
HISTORY OF EASTERN VERMONT.
[1784.
tages. Across the road the bole of a large tree had been thrown, behind which and the trees on either side, the Yorkers awaited the approach of the troops.
As they advanced, 'Squire Packard appeared at the door of his dwelling, and begged Sergt. Silvanus Fisk, who was temporarily in command of the advance company, not to proceed, telling him at the same time that as soon as he should pass a certain blacksmith's shop, situated a short distance before him, he and his company would certainly be fired upon. Fisk, a young man, rash and impetuous, was not disposed to pay much attention to this warning. When passing through Westminster, in reply to some inquiry as to the course which was to be pursued towards the opposition, he had been heard to say in one of the rough expressions of a farmer, that he would show the Yorkers " how the pig ate the butter," thus signifying, by an allusion now obsolete, that he would teach the oppo- nents of Vermont a lesson which they would not soon forget. His daring did not now desert him, and his men, partaking of his spirit, followed where he led.
The given point was soon reached, but the Vermonters had hardly passed it, when a discharge from the right proved the truth of Packard's assertion. No injury followed this assault. The troops pressed forward and were again fired upon from the barricade in front. As the smoke occasioned by this volley cleared away, a man distinguished by the blue coat which he wore came from behind the maples, and with deliberate aim discharged his gun at Sergeant Fisk. The ball took effect, entering at the right side of the stomach and passing into the groin. " Are you badly hurt, Sergeant ?" said Private Theophilus Crawford, who was standing near him. "God bless you !" replied Fisk, " don't ask any questions, but push on and kill some of the devils." Encouraged by these words, his men gave chase to the now retreating Yorkers, and, pursuing them with hot haste, drove them more than half a mile beyond the boundaries of Vermont, and within the limits of Massa- chusetts. Unable to walk, Fisk was placed on a sleigh, and being taken to Mrs. Holton's dwelling was treated with all the attentions which kindness could suggest. But his wound proved incurable, and he died before the close of the following spring. The only other person who suffered on this occasion was Joel Knight of Dummerston, who was slightly injured in the arm by a bullet.
519
MOVEMENTS OF VERMONT TROOPS.
1784.]
Driven from their homes, the Yorkers applied for assistance to the inhabitants of the towns in Massachusetts to which they had fled. This was readily granted as far as food and shelter would avail, but no one was willing to engage in acts of hosti- lity against the neighboring state, without orders from Congress. Hoping to obtain favorable terms, the Yorkers sent a flag to their "unnatural enemy," as they styled the Vermonters, pro- mising passive obedience until the rising of the Vermont Assem- bly, provided they should be permitted to return to their homes and remain there unmolested. To their message they received no reply, and the person by whom it was carried was detained as a prisoner.
On the 22d, Ethan Allen arrived with ammunition and reinforcements. Of the companies from Bennington which came with him, one was commanded by Capt. Joseph Safford, another by Capt. Hezekiah Armstrong, and a third by Capt. Joseph Wickwire. Not daring to make an incursion within the juris- diction of Massachusetts in pursuit of the Yorkers, who had fled thither for safety, and deeming it useless to remain longer in a place where their presence could be of no essential service to the cause they maintained, the officers from both sides of the mountains, after a long consultation, concluded to return. To render the march more easy, a company were dispatched, in the morning, to break a road through the snow which was now nearly four feet in depth on the level. Leaving Stowell's house two hours before sunset, the main body of the troops began their march, having in charge about twenty prisoners, and reached the tavern of Landlord Arms, in Brattleborough, the same night. Here a portion of the troops were dismissed. On the morning of the 23d the remainder proceeded to Westminster, where the Yorkers were lodged in jail to await their trial at the next session of the Superior court.
During the time which intervened between the commitment and the trial, the prisoners were guarded by a strong military watch, and every precaution was taken to prevent their escape. An account of these proceedings was sent by Colonel Church and Major Evans to Governor Clinton, and a request was made that he would write to the Governor of Massachusetts, if such an act was proper, and desire him to send relief to the unfor- tunate subjects of New York. "We are driven from our habi- tations," said they. "Our houses are plundered. Our posses- sions taken from us. We are in a very miserable situation, and
520
HISTORY OF EASTERN VERMONT.
[1784.
implore your Excellency's interposition, our case being really deplorable."*
On the 3d of February the Superior court commenced its session at Westminster, Moses Robinson, chief judge, presiding. About twenty-five prisoners were arraigned at the bar. Francis Prouty, who had been engaged in the month of November last, at the head of a number of men, in conveying Luke Knowlton without the borders of Vermont, pleaded guilty to the indict- ment of the grand jurors, and was sentenced to pay a fine of £30, with costs of prosecution, and to be "imprisoned in close confinement for the space of forty days." He was also charged, in a separate indictment, with having entered Knowlton's house on the same occasion burglariously, and with an intent "the goods and chattels of the said Knowlton to steal, take, and carry away." This accusation was not substantiated. To a third charge, that of resisting the deputy sheriff Barzillai Rice, when he endeavored to arrest him on a warrant issued in consequence of his attack upon Knowlton, he pleaded not guilty. The records of the court do not show a decision contrary to the plea. Of those who had been accused of being engaged in an assault upon Benjamin Carpenter in December last, only a few were arrested, and of this number Charles Phelps, Abraham Avery, and Henry Evans pleaded not guilty, and were sentenced to pay the costs of the prosecution. A nol. pros. was entered in behalf of Henry Evans Jr. Cyril Carpenter was alone found guilty, and was sentenced to pay a fine of £20; to give bonds for his good behavior; and stand committed until judgment should be com- plied with.
As the result of the investigations consequent upon the late hostilities at Guilford, the grand jurors presented charges against a number of the Yorkers. The principal count in the indict- ments was that in which the wounding of Silvanus Fisk "so that his life is greatly despaired of," was set forth. Joseph Wells of Brattleborough pleaded guilty to the charge of being engaged in the proceedings which resulted in this sad event, and was sentenced to pay a fine of £20 and the costs of prosecution; to be imprisoned six months; and if the terms of the whole sentence were not complied with at the end of that time, to stand committed until the satisfaction should be complete. Elijah Curtis, a participator in the same affair, and who entered
* MS. Accounts. Old men's narrations.
521
MULCTING OF YORKERS.
1784.]
a plea of not guilty, was fined £10 and the costs of the suit. On another indictment to which Joseph Wells pleaded guilty, the court sentenced the delinquent to " close confinement " for six months, and fined him £30 and costs. Amos Yaw Jr., charged with some offence, owned that he had disobeyed a Vermont officer. To the remainder of the indictment in his case the State's attorney entered a nol. pros. The prisoner was amerced in the sum of £5 and the costs of suit. Charles Phelps was tried for the offences which had been charged against him in the fall of 1782, similar in their nature to those which had resulted in the condemnation of Shattuck, Church, Evans, and Timothy Phelps. His plea was guilty. By the judgment of the court he was attainted of treason; was sentenced to sixty days' im- prisonment; and all his estate, real and personal, was forfeited to the use of the state. Edward Carpenter, Asaph Carpenter, Shubael Bullock, Joseph Chamberlain, and David Thurber, all of whom were proved to have been engaged in the disturbances at Guilford, were fined in sums varying with the character of the offences committed. Of the rest of the offenders, some were mulcted in small amounts ; others were dismissed on paying the costs of prosecution ; and in the case of a few the complaints were withdrawn for want of evidence to sustain them.
During the session of the court, Westminster had presented more the appearance of a military encampment than of a peaceful village. With the departure of the dignitaries of the bench, the lawyers of the bar, and the prisoners in the dock, it again assumed its wonted aspect, and the roll of the drum and the shrill notes of the fife gave place to the music of the merry sleigh bells of winter, and left to their jingling notes the monopoly of noise for the rest of the season.
For the purpose of keeping the Yorkers in subjection, a por- tion of the troops, comprising Lieut. Elijah Knight's company of twenty men, and Capt. Benjamin Whitney's of sixty-five, were stationed at Guilford and in the adjacent towns until the 1st of March following. The effect of this watchfulness was to prevent those who had fled from returning, and had not the hospitalities of the inhabitants of the neighboring state been extended to the refugees, their sufferings-multiplied though they were-would have been far more severe and intolerable. Intent upon an excursion of some kind, and finding but little opposition within the borders of Vermont, a party of soldiers set out on the 20th of February, with the determination of
522
HISTORY OF EASTERN VERMONT.
[1784.
securing Daniel Shepardson, a sworn magistrate of the state of New York, and until within a few weeks a resident of Guilford. Proceeding to Northfield, Massachusetts, where Shepardson had taken up his temporary abode, they made him a prisoner, although he was at that time within the jurisdiction of another state, and hurried him back to Vermont, where he was placed in confinement. . In many instances the property, which the Yorkers in consequence of their sudden flight had left unpro- tected, was regarded by the militia as legitimate spoil, and not a few of the latter manifested an unbecoming pleasure in despoil- ing their adversaries of such necessaries, and conveniences of life as were found in the deserted dwellings.
Meantime the Legislature of New York, fully alive to the unhappy situation of the citizens of that state residing in Ver- mont, were endeavoring to obtain from Congress a definitive settlement of the dispute between the contending parties. On the 2d of February, James Duane, from the committee ap- pointed to prepare instructions to the delegates from New York in Congress, presented a report to the Senate, in which among other recommendations, it was advised, that the delegates be instructed " to press Congress for a decision in the long-pro- tracted controversy respecting the rights of this state to the dis- trict commonly called the New Hampshire Grants, not on con- sideration of public expediency, but consistency with the assu- rances of Congress, according to equity. That they represent, in the most pointed terms, the grievous injustice done to the state by such delay, especially after a submission in compliance with the unanimous recommendation of Congress, and claim, most expressly, a performance of the solemn engagement of Congress to make the said decision, on a pledge no less sacred than that of the faith of the United States, which ought not to be violated on any pretence whatsoever. That they likewise represent to Congress the danger which may arise from further procrastination ; that the leaders of the district in question have actually raised troops, and do now employ those troops to re- duce other inhabitants, resident in said district, and acknow- ledging themselves citizens of this state, to submit to the said assumed government; that when every state ought to be in the full enjoyment of the blessings of peace, under the protection of the Union, this alone is in the disagreeable situation of hav- ing hostilities already commenced against its citizens ; but, that if she must recur to force for the preservation of her lawful
523
REPORT OF NEW YORK LEGISLATIVE COMMITTEE.
1784.]
authority, the impartial world will pronounce that none of the bloodshed, disorder, or disunion, which may ensue, can be imputable to this Legislature, who appeal to the Journals of Congress for the rectitude, moderation, and liberality of the measures they have invariably pursued to produce an amicable determination of the controversy. And lastly, that they, if necessary, be most explicit on the subject, and inform Congress that this Legislature conceive themselves to be urgently pressed by the great duty of self-preservation, to prepare, without loss of time, for the worst events : and that, however sincerely they are disposed to maintain the Union, and to manifest an invio- lable respect for Congress, if the decision, which has so long in vain been solicited, should not be pronounced within two months next after nine states shall be represented in Congress, subsequent to this state being represented there, no further expectations can be entertained of such decision, and that this state, with whatever deep regret, will be compelled to consider herself as left to pursue her own counsels, destitute of the pro- tection of the United States, to whose judgment they have cheerfully submitted, and on whose justice they have hitherto relied.
"The committee further report it as their opinion, that if Congress should delay the decision of the said controversy after the time above limited, it ought to be considered as a denial of justice. That the act entitled 'An act to empower the Con- gress of the United States of America, to determine all con- troversies relative to certain lands in the counties of Cumber- land, Gloucester, Charlotte, and Albany, commonly called the New Hampshire Grants,' passed the 21st day of October, 1779,* ought to be repealed, in order that this Legislature may be left at liberty to propose an adjustment of the said dispute in the mode prescribed by the ninth article of the federal union, or to take such other measures as the preservation of their coun- try from lawless invasion and encroachment may require."
On the 6th of February, before the instructions had received the sanction of the Legislature, Timothy Phelpst appeared be-
* See ante, p. 365.
+ After escaping from Oliver Waters on the 19th of January, 1784, as has been previously mentioned, Phelps resumed his journey southward. He tarried at Norwich a few days, where his wife was then visiting, and on reaching the city of New York presented to the Senate, who were then in session at that place, eleven papers containing information respecting the situation of the friends of New York in Vermont, which papers had been entrusted to his care by Samuel
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