USA > Vermont > The history of Vermont, from its discovery to its admission into the Union in 1791. By Hiland Hall > Part 27
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1 Slade, 77, 79. Doc. Hist. N. Y., vol. 4, 941, 944. Jour. Cong., vol. 2, p. 175, 176, 178, 182, 183. Jour. N. Y. Council of Safety, for July 16, 18, 23d. Stevens Papers, vol. 3, p. 203, 319.
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CHAPTER XXIII.
VERMONT IN THE CAMPAIGN OF 1777.
Vermont convention at Windsor July 2d - Its efforts to reenforce St. Clair at Ticonderoga - forms a state constitution and appoints a council of safety - Evacuation of Ticonderoga and battle of Hubbardton - Alarm and suffering of the inhabitants - Exertions of the council for the de- fence of the state - It appeals to New Hampshire and Massachusetts - Confiscates the property of tories who had fied to the enemy, and raises a regiment of rangers - Gen. Stark and his brigade from New Hamp- shire - His instructions from New Hampshire - Declines to join Sehuy- ler and advises with the Vermont council and Col. Warner - His victory at Bennington and its important consequences -Gen. Lincoln in Ver- mont -Col. Brown and Vermont rangers at lake George and Ticonde- roga - Capt. Ebenezer Allen and his rangers at Mt. Defiance, and in pursuit of the enemy on their flight from Ticonderoga in November, 1777- Gouverneur Morris about the Vermonters-The convention re- assemble in December and revise the constitution - Its provisions.
T HE convention of the new state of Vermont met, agreeably to adjournment, at Windsor on Wednesday the 2d day of July, 1777, for the declared purpose of forming a constitution of govern- ment. Other objects were also found to require its serious atten- tention.
Neither the journal of the convention, nor a list of its members has been preserved. Our principal knowledge of its proceedings is derived from a brief account given by Ira Allen in his history, and that which has been gathered from its official orders and correspond- ence, obtained from other outside sources.
Before proceeding to business, the convention listened to a ser- mon prepared for the occasion by the Rev. Aaron Hutchinson, of Pomfret. The sermon was published in compliance with a resolve of the convention, and a copy is preserved in the archives of the Vermont Historical Society. Breathing a spirit of Christian love and charity, it nevertheless justifies resistance against the oppres- sions of Great Britain, and the separation from New York on similar principles ; recommends and inculcates firmness in maintaining the independence of the state, wisdom in the formation of its govern- ment, and patriotic energy and determined bravery against the common enemy.1
1 Mr. Hutchinson was a graduate of Yale College, of respectable talent and literary taste. His sermon which occupies forty printed pages, con- tains a strong argument in justification of the measures of the inhabitants
EARLY HISTORY OF VERMONT. 255
At the time of the assembling of this convention the people it represented were in much alarm from the apprehension of an inva- sion by the British army from Canada, under Gen. Burgoyne; for which great preparations had been made under the directions of the English ministry. An army of ten thousand veterans, one-half of them German hirelings, equipped and furnished with every warlike material that wealth and skill could supply, had been collected in that province, and attended by a formidable body of savages, and a corps of tories, was approaching the American post at Ticonderoga. Its commanding general confidently expected, after an easy conquest of that post, to march triumphantly through the country to the sea- board, crushing out all opposition to British rule. Gen. St. Clair, who commanded at Ticonderoga, had sent Col. Warner to gather reenforcements from the militia; Col. Robinson's regiment was already at Hubbardton, and others from the new state were on the way. On the 2d day of July, Col. Warner wrote from Rutland, "To the honble the convention now sitting at Windsor in the state of Vermont," that he had just received an express from Gen. St. Clair, who expected an attack every hour, and who had ordered him " to call out the militia of this state, of Massachusetts and New Hampshire, and join him as soon as possible." The letter requested the convention " to send on all the men that could possibly be raised," saying that the safety of the post depended on the exertions of the country ; that their lines were extensive and but partially manned, for want of men ; and he added, " I should be glad if a few hills of corn unhoed should not be a motive sufficient to detain men at home, considering that the loss of such an important post can hardly be remedied." On the receipt of this letter, the day after its date, president Bowker, by order of the convention, wrote immediately to the assembly of New Hampshire then in session at Exeter, and enclosed a copy of it, saying, "The militia from this state are prin- cipally with the officer commanding the Continental army at Ticonderoga, the remainder on their march for the relief of that distressed post," and requesting further aid from that state. The president of the convention also wrote to Gen. St. Clair, informing him of what they had done, and of the exertions they were making to aid him.
of the new state in opposition to both Great Britain and New York. Mr. Hutchinson died at Pomfret at an advanced age in the year 1800. He was father of the Hon. Titus Hutchinson, for many years chief justice of Ver- mont.
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By the 5th of July Col. Warner had reached Ticonderoga with nine hundred militia, mostly from Vermont, but the fort, even after this reenforcement, was altogether untenable against the strong and well appointed army of Burgoyne. On the evening of that day a council of war unanimously decided that it should be abandoned before daylight the next morning, which was accordingly done. All the cannon and most of the provisions and military stores fell into the hands of the enemy, and the army retreated rapidly towards Castleton. On the morning of the 7th, the rear guard under Colonels Francis and Warner was attacked at Hubbardton, about fifteen miles from Ticonderoga, by a large pursuing force, when a severe and spirited action ensued. The result for a considerable time seemed doubtful, but a large reenforcement of Germans arriv- ing, the Americans were put to flight. Col. Francis had been slain fighting bravely, many were killed and wounded on both sides, and a considerable number of prisoners were captured by the enemy. Col. Warner ordered his men to take to the woods and to meet him at Manchester, where the remnant of the regiment, mustering about one hundred and fifty effective men, assembled a few days afterwards.
Gen. St. Clair, with the main body of his army, took a circuitous route to the Hudson river by way of Rutland, Dorset and Arlington, and joined Gen. Schuyler at Fort Edward on the 12th.
The efforts of the Vermont convention for the relief of Ticon- deroga were duly appreciated by Gen. St. Clair. In a letter dated at Col. Mead's (Rutland), July 7, addressed to the president of that body, he gives a brief explanation of the necessity lie was under to evacuate that post, and says: "The exertions of the convention to reenforce us at Ticonderoga merit my warmest thanks, though they have been too late to answer the good purpose they intended." In another letter to the convention, written at Col. Marsh's, in Dorset, on the 9th, he says, " I have just now received a letter from Gen. Schuyler directing that Col. Warner's regiment of your state should be left for the protection of the people." He further informs the convention that he was proceeding to join Gen. Schuyler as fast as possible, and hoped there would be sufficient force collected "to check the progress of the enemy," adding as follows : " Your con- vention have given such proof's of their readiness to concur in any measure for the public safety, that it would be impertinent to press them now." 1
1 Sterens Papers, vol. 3, pp. 201, 209, 219, 243. Life of Warner, pp. 49-52. Auburey's Travels, vol. 1, pp. 326-334. Gordon, vol. 2, p. 482.
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EARLY HISTORY OF VERMONT. .
In order to enable the people they represented to offer the more effectual resistance to the common enemy, the convention appointed a committee to procure a supply of arms for the state, with instruc- tions to draw them, if possible, from government stores, but with authority to pledge the credit of the state to the amount of four thousand pounds, if found necessary to purchase them. The con- vention also voted to establish a loan office, and appointed Ira Allen its trustee, as we learn from an advertisement in the Connecticut Courant, of August 18th, 1777, in which Mr. Allen over his signa- ture as trustee informed the public " that agreeably to a resolution of the convention," he had opened a loan office at Bennington, where those disposed to lend any sum amounting to ten pounds might receive security in behalf of the state, payable in one or more years with interest at six per cent per annum .!
After due deliberation, the convention adopted a constitution for the government of the new state; directed the first election for state officers to be holden the ensuing December, and the legislature to meet at Bennington the succeeding January. The convention appointed a council of safety to manage the affairs of the state until the government should go into operation under the constitution, and then on the 8th day of July, after a session of six days, adjourned.
Ira Allen's account of the proceedings of the convention is as follows :
" A draft of a constitution was laid before the convention, and read. The business being new, and of great consequence, required serious deliberation. The convention had it under consideration when the news of the evacuation of Ticonderoga arrived, which alarmed them very much, as thereby the frontiers of the state were exposed to the inroads of an enemy. The family of the president of the convention [at Rutland], as well as those of many other members of the convention, were exposed to the foe. In this awful crisis the convention was for leaving Windsor, but a severe thunder storm came on and gave them time to reflect, while other members less alarmed at the news, called the attention of the whole to finish the constitution, which was then reading paragraph by paragraph for the last time. This was done and the convention then appointed a council of safety to act during the recess, and adjourned."
1 No evidence is found that this attempt to borrow money was successful. The state was too young to have an established pecuniary credit, especially when its territory was invaded by a powerful enemy. See Stev. Papers, vol. 3, p. 287.
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EARLY HISTORY OF VERMONT.
By the retreat of the American army from Ticonderoga, the whole western frontier of the state north of Manchester, comprising more than one half of the inhabitants residing west of the Green mountains, was left wholly unprotected, and was exposed to the immediate ravages of the enemy. Gen. Burgoyne had issued a very boastful proclamation, threatening ruin and destruction to all who should oppose him, but offering protection and security to those who should remain peaceably at their homes; and payment in gold for any provisions they might furnish. Many who were not his well wishers, in the distressed and apparently desperate condition in which they suddenly found themselves, felt it necessary to accept his written protections, while others, either more patriotic or in a better situation to remove, fled to the southward with such of their effects as they were able to take with them. Some of these fugitives stopped with their friends in the south part of the state, while others passed further on. No part of the territory could be considered secure against any rapid incursion of the enemy ; especially as a considerable number in their midst were believed to be friendly to the invaders, and alarm and confusion every where prevailed.
Under these trying circumstances, the affairs of the new state came under the administration of the council of safety which had been appointed by the Windsor convention. The most active mem- bers of the council, as shown by such minutes of its proceedings as have been preserved, were Thomas Chittenden, president of the body, Jonas Fay, vice-president, Ira Allen, secretary, and Nathan Clark, Paul Spooner and Moses Robinson. 1
The men of the council were of limited education, and nearly all of them were farmers who had spent their lives in the labors of the field ; yet they brought to the task of saving the state from foreign and domestic enemies a comprehensive and discriminating ability,
1 It appears from a statement of Gen. Stark, published in the Connecticut Courant of October 7, 1777, that their original number was twelve. Gen. Jacob Bayley of Newbury was one of the members, but whether he attended the meetings of the council is uncertain. In a letter from the council to him, dated at Bennington, August 11, 1777, requesting his presence at the board, it is said " one of our members, Esquire Spencer, is with our enemies, and an attendance of all the members on this side of the mountain is required to make a quorum." Ira Allen in his history, at page 101, says IIeman Allen was a member. Of those already named, six besides Spencer resided west of the mountain, and two, Messrs. Spooner and Bayley on the east side making nine in the whole. If seven were required to make a quorum there was one more on the west side of the mountain and two on the east side,
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which in like circumstances, has seldom if ever been exceeded. From the necessity of their situation they were compelled to assume all the powers of government, legislative, executive and judicial, and to exercise them with a strong hand. The general approval of their measures, both at home, and abroad, and the complete success which attended them, furnish the highest evidence of the wisdom and discretion with which they were planned and executed.
The members, who had mostly been at the Windsor convention, repaired to Manchester, whence they forwarded to the committee of safety of New Hampshire the letter of Gen. St. Clair of the 9th of July, and on the 15th addressed the executives of both New Hamp- shire and Massachusetts, stating fully the distressed condition their people were in from the advance of Burgoyne's army, and expressing the fear that they should be obliged to abandon the whole territory, thus rendering one or both of those states a frontier. unless powerful assistance was speedily furnished them. Col. Warner, who was in consultation with the council, three days afterwards, wrote to the New Hampshire committee to the same effect.
In the mean time, the council adopted the most energetic mea- sures for the defence of their territory. Such of the militia as could be gathered were collected at Manchester under Warner to attempt making a stand at that place, in case a large body of the enemy which Burgoyne had left at Castleton should move in that direction, which for some time was apprehended. The council also issued a brief address to their brethren who had removed their families to the southward of their jurisdiction, and caused it to be published in the Connecticut Courant, earnestly inviting and exhorting them to return and aid in defending the state and in securing the growing crops from the ravages of the enemy. As in other parts of the country, there had always been a tory element in their community, composed of men who in sentiment, or from want of confidence in the final success of the Americans, had spoken in favor of the
but who they were is uncertain. The deserting member was Benjamin Spencer of Clarendon, the prominent Yorker and justice of the peace under the colonial government of New York before mentioned. He had been a member of the June convention held at Windsor, and had, united with the other members of that body in their solemn pledge to stand by the decla- ration for a new state, and "to resist by arms the fleets and armies of Great Britain." But at the approach of Burgoyne, he had discarded his patriotic engagements and fled to the enemy. Ile is said to have died at Ticon- deroga, a few weeks afterwards. Joseph Fay acted as clerk of the council for some time, and he might have been one of its members, though no other evidence of his membership is found.
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measures of the mother country. Their proportion to the whole population was indeed small, when compared with their numbers in many other places, and especially in the neighboring counties of New York. It nevertheless embraced some men of otherwise re- spectable standing and some who possessed valuable property. Now that British rule seemed about to be established over them, many of them leaving their possessions in the care of their families, took up arms against their country, expecting speedily to return, in triumph over their more patriotic neighbors, under the protection of a victorious army. A permanent volunteer force to patrol the frontiers, and watch these domestic as well as foreign foes, and to stand in readiness to execute the orders of the council, seemed indispensible. But the new state had no funds or established credit, and to raise such a force without pecuniary means, was impos- sible. The difficulty was at once solved by a resolution of the council that the property of those who had fled to the enemy should be made to pay the expense of defending the persons and property of those that remained. In pursuance of this resolution, the council on the 28th of July appointed " commissioners of sequestration," with directions to seize and dispose of the property, under certain prescribed regulations, of " all persons in the state who had repaired to the enemy." A proper fund for state use being thus secured, a regiment of rangers was soon organized under Col. Samuel Herrick, which did efficient and valuable service to the state and country. " This," says Ira Allen, in his history, " was the first instance in America of seizing and selling the property of the enemies of American independence;" and such is believed to be the fact, though the measure was afterwards pursued in all the states.1
The council of safety had now assembled at Bennington, wliere it remained in permanent session throughout the year. The calls upon New Hampshire for troops had not been unheeded. The assembly at once ordered a large portion of their militia to be organ- ized into a brigade under the command of Gen. John Stark. He had served with reputation as colonel at Bunker Hill, in Canada, and under Washington at Trenton and Princeton, but congress had promoted junior officers over him and he had retired from service, though he retained the same patriotic ardor as before. He knew Gen. Schuyler, who was in command of the northern army ; and lacked confidence in his capacity as a military leader, and declined the
1 Ira Allen's Vt., p. 92-108. Journal of the Council of Safety in Slade, p. 197-240. Stevens Papers, vol. 3, p. 244, 257, 277, 305, 379. Slode, p. 79, 80. Life of Warner, p. 55.
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command of the brigade, unless left with discretionary authority to join the main army or not, as he might deem expedient. His instructions from the president of New Hampshire, dated July 19th, were " to repair to Charlestown, No. 4," and when the troops were collected there " to take the command of them and march into the . state of Vermont, and there act in conjunction with the troops of that state or any other of the states, or of the United States, or separately as it should appear expedient to him for the protection of the people or the annoyance of the enemy."
Gen. Stark, crossing the Green mountain from Charlestown, reached Manchester on the 7th of August. Finding that a consider- able body of the enemy, which had been for some time in the vicinity of Castleton, threatening to attack Manchester, and to cross over to Connecticut river, had marched to the Hudson, Gen. Stark with his brigade passed on to Bennington where he arrived on the 9th. He was accompanied by Col. Warner, the remnant of whose regi- ment was left at Manchester under the command of Lieut. Col. Samuel Safford. At Bennington, Stark encamped for several days, collecting information in regard to the position and designs of the enemy, and consulting with the council of safety, and with Col. Warner relative to future operations.
The object of Burgoyne was to march to the Hudson, and at, or below Albany to form a junction with an army from New York, thereby cutting off the communications between the New England and the other states, which it was expected would produce a general submission to the king's authority. But his progress towards Albany had been so retarded by the natural difficulties of the route and the obstructions thrown in his way by the Americans, that it was nearly a month before he had reached the Hudson river. Here he found himself so deficient in provisions, and also in cattle and carriages for transportation, that he was greatly embarrassed about the means of advancing farther. The articles he most needed had been collected in considerable quantities at Bennington, as a con- venient depot from which to supply the American forces. These Burgoyne resolved to seize for the use of his own army. He accord- ingly detached about five hundred German regulars, some Canadians, a corps of provincials (tories), and over one hundred Indians, with two light pieces of artillery, the whole under the command of Col. Baum, a veteran German officer. On arriving within six or seven miles of Bennington, he found it was guarded by a larger force than he had expected ; and instead of proceeding to attack the place, he halted on a commanding hill and began to throw up entrenchments, 1
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sending back an express to Burgoyne. This was on the 14th of August. The next day was so excessively rainy as to prevent active military operations, though it enabled Baum greatly to strengthen his works of defense. On the 16th. Baum's position was attacked on all sides, by the militia under Stark. The Indians losing two of their number, fled at the commencement of the action. The other troops defended themselves with great bravery, but were finally overpowered, and nearly all either killed or taken prisoners. Among the latter was their commander, mortally wounded, and who died the next day.
This battle was scarcely over and the prisoners sent off, when a reenforcement of British regulars under Col. Breyman, with two pieces of cannon, was found to be approaching. At this juncture Warner's regiment, about one hundred and forty strong, came up fresh from Manchester, when a second distinct and very severe battle ensued, which lasted until sunset, when the enemy abandoned their cannon and fled. They were only saved from capture by the darkness of the night. The enemy lost in these two actions four brass field pieces, several hundred small arms, two hundred and seven men killed, and, including the wounded, about seven hundred were made prisoners. The loss of the Americans was thirty killed and forty wounded. Two of the captured cannon are now in the State House at Montpelier, with the following inscription, anciently engraved on them : "Taken from the Germans at Bennington, August 16, 1777."
In this battle Col. Samuel IIerrick led the Vermont militia and his corps of rangers in the attack on the rear of Baum's entrench- ments, and greatly distinguished himself; as did also Col. Seth Warner, who went into the battle by the side of Stark, was his counsellor throughout the day, and who, as his associate, is justly entitled to share largely with him in the honors of the victory. Stark in his official account says, " Warner's superior skill in the action was of great service to me." Dr. Thatcher in his contempo- raneous journal says, "on the 16th Gen. Stark, assisted by Col. Warner, matured his arrangements for battle ; " and Gordon in his history says, "Colonels Warner and Herrick's superior skill in military matters was of service to the general."
The injury to the enemy by this disaster can scarcely be over- stated. It was not confined to his actual losses of men and munitions of war, though those were of considerable importance. This victory was the first check given to the triumphant march of Burgoyne from Canada, and was an unexpected example of a successful assault
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by undisciplined militia, armed with muskets without bayonets, upon an entrenched camp of veteran troops, defended by cannon. By its depressing effect on the spirits of the enemy, and the con- fidence in their prowess with which it inspired the Americans, the current of success was at once turned from the British to the Ameri- can arms.
Burgoyne, by the ill success of his expedition to Bennington, was made aware of the resolute determination of the people he was attempting to subdue, and he realized the serious consequences of his defeat. In a private letter to the British minister in London, written four days after the battle, he says : "Had I succeeded, I should have effected a junction with St. Leger, and been now before Albany." And in the same letter in speaking of the spirit of the people he was invading, he pays a high compliment to the patriotism of the people of the new state of Vermont in the following expressive language : "The New Hampshire Grants, in particular," he says, " a country unpeopled in the last war, now abounds in the most active and most rebellious race of the continent, and hangs like a gathering storm on my left." 1
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