USA > Vermont > The history of Vermont, from its discovery to its admission into the Union in 1791. By Hiland Hall > Part 30
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To rid themselves of a connexion which had occasioned so much trouble and danger, the assembly of Vermont on the 12th of Feb., 1779, passed a formal vote declaring that " the said union should be considered as null from the beginning." Although this attempt at union with the New Hampshire towns was now at an end, it had served to engender an unfriendly feeling in the government of that state towards the independence of Vermont, the ill effects of which continued for years.
When the New Hampshire assembly met in March, a committee from the Cornish convention presented a memorial, which among other things, took the responsibility of making "an offer of the whole of the Grants [Vermont] to New Hampshire." A committee of the assembly thereupon made a report recommending that the state of New Hampshire should " lay claim to the jurisdiction of the whole of the New Hampshire Grants lying to the westward of Connecticut river," but that the state should exercise jurisdiction no farther west than the west bank of that river " until the dispute is settled by congress." This report was postponed until the next session of the legislature, when on the 24th of June it was taken up and adopted.1
' Slade, p. 89- 105. Ira Allen's Vindication, 1779. Williams's Vt., vol. 2, p. 177-185. Ira Allen's Vt., p. 112-123. Belknap's N. H., p. 385-389. Hall's Eastern Vt., p. 325-328.
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CHAPTER XXV.
PROGRESS OF THE CONTROVERSY WITH NEW YORK.
1779.
Military affairs in 1779 - Forts built by Vermont on the frontier - Men raised by the state to defend it - The levying of men in Cumberland county, by the advice of Gov. Clinton resisted - The property of delin- quents seized for fines and rescued -Posse called out, many of the res- cuers seized, tried, convicted as rioters and fined - Proclamation of par- don to others- Applications of the New York government to Congress - A committee of Congress appointed to visit Vermont - Mr. Witherspoon and Mr. Atlee of the committee at Bennington and their proceedings there - Answer of Governor Chittenden to their written queries, respect- ing the land and other difficulties with New York - Their attempt to bring about a reconciliation unsuccessful - Messengers sent by Ver- mont to obtain information from congress - Protest of Gov. Chittenden against resolutions of congress of June 16th, 1779.
THE military situation of Vermont, during the year 1779, was similar to that during the previous year. All the continental troops and supplies had been withdrawn from the state and her people were left to their own resources for protection against the common enemy. The ravages of the enemy on the border of lake Champlain, in the fall of 1778, had served to show both the expos- ure of the frontier and the disposition of the enemy to take advan- tage of its weakness. The best preparation in the power of the state . for the security of its inhabitants was made. On the 25th of Feb- ruary, 1779, the general assembly, by resolution, constituted the governor and council " a board of war, with full power to raise any number of men that they should think necessary for the defence of the frontiers and to make any necessary preparations for the open- ing campaign." On the 12th of March, the board resolved that " the west line of Castleton and the west and north lines of Pitts- ford to the foot of the Green mountain be established as a line between the inhabitants of the state and the enemy," and all the inhabitants to the north of the line were directed to remove with their families to the south of it. Picket forts were to be built in Castleton and Pittsford near the centre of each town, and it was recommended " that the women and children should be removed to some convenient place south of the forts, and that the men with such part of their stocks as might be necessary, should remain on their farms, and work in collective bodies, with arms." Small
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garrisons were kept in these forts and a larger body of troops at Fort Ranger in Rutland, which continued to be the head quarters of the state forces. In order to maintain these forts and protect the frontier, drafts from the militia were frequently made, and bodies of the militia were sometimes called out en masse.1
At the session of the general assembly held in February, 1779, a code of laws, embracing the general subjects of legislation, was adopted and published. By the act for regulating the militia it was provided, that when the captain of a company should be directed by proper authority to furnish from his company a portion of his men, he might draw up a list of all whom he had a right to com- mand, and divide the persons thus enrolled into as many classes as he wanted men. Each class thus formed was obliged to furnish a soldier. In case of a refusal to comply with this requirement, the captain was directed to hire a man for the class, pledging the faith of the state for his recompense. He was then to divide the cost of hiring the soldier among the members of the delinquent class, and upon a warrant issued for that purpose to levy upon their goods and chattels and sell the same at public auction, the money thus obtained to be used in paying the sum engaged to the hired soldier. This mode of raising men was generally approved, but in carrying the law into effect, the Vermont officers met with serious opposition from some of the friends of New York.
From the first organization of the state government, there had been a number of persons in the south-eastern part of the state who were opposed to its jurisdiction. They had been in constant corre- spondence with Gov. Clinton of New York, who, as early as July, 1778, had written them, earnestly recommending " a firm and pru- dent resistance to the draughting of men, the raising of taxes and the exercise of any act of government under the ideal Vermont state." They claimed to be and probably were a majority in four or five of the towns, in which, and in two or three others, committees of safety had been named who styled themselves a county committee. Gov. Clinton had issued commissions for forming a militia regiment in that section of the state, and it was claimed that it numbered nearly five hundred men. In April, 1779, in conformity to a request from Gen. James Clinton, commander-in-chief of the northern department, the board of war directed a levy of men " for the service of the state and of the United States in guarding the
1 Minutes of the Board of War, in the office of the secretary of state at Montpelier.
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frontier," and the captain of a company in Putney, in accordano. with the law divided his men into classes, of which James Clay, and two others, known as active friends of New York, constituted a class. Refusing to furnish their man for the service, one was obtained to represent them, and they were informed of the sum to which they had subjected themselves, but they declined to pay it. Whereupon the sergeant of the company, having his proper warrant for the pur- pose, levied upon two cows the property of the delinquents and posted them for sale. On the 28th of April, the day they were to be sold, the friends of New York from that and some other towns, to the number of nearly a hundred under the lead of the New York colonel, assembled, and before the sergeant could be prepared for resistance, rescued the cattle and returned them to the parties from whom they had been taken.
A few days after this rescue, the New York colonel, becoming alarmed for the consequences which might follow this act, wrote to Gov. Clinton, informing him that Col. Fletcher, who commanded the new state's men, had gone over the mountain to their council at Arlington, and that it was apprehended Col. Ethan Allen with his Green Mountain Boys might be sent to aid in enforcing the Ver- mont authority. He asked the governor's advice, and suggested "the necessity of having the militia of Albany county held in readiness to attack them if they should gather with that design." A petition for protection against the Vermonters, signed by Samuel Minott as chairman of the New York committee, was also sent to Gov. Clinton. In answer to these applications, Gov. Clinton, under date of May 14th, recommended " firmness and prudence, and in no instance to acknowledge the authority of Vermont, unless there should be no alternative left between submission and inevitable ruin; " and he assured them that if he should discover that any attempt would be made to reduce the friends of New York by force of arms, he would " instantly issue his orders to the militia, who were properly equip- ped, and who would be led against the enemies of the state, whoever they might happen to be." It may be here observed that the let- ters of Gov. Clinton to the disaffected inhabitants in the vicinity of Brattleboro, were also on many subsequent occasions during the period of the controversy, quite lavish in their promises of protec- tion by force of arms against the Vermonters, and that such protec- tion was not only never afforded, but never even attempted. In fact the attempt would always have been vain. The government of New York, from its aristocratic character, had not any strong hold on the feelings of the masses of the people of the state, the want of which
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always enfeebled its efforts against the common enemy. Many of its people sympathized with their more democratic neighbors of Vermont, and could not have been brought to face them as enemies on the field.
It was impossible that the government of Vermont should over- look the public attack which had been made upon its authority, without, in effect, waiving its claim to an independent jurisdiction. Enlarged patriotism also seemed to demand that its authority should be vindicated. The men who claimed to act under the jurisdiction of New York had not been called upon by that state to render any military service whatever or to pay for any. All that was required of them was, to oppose Vermont. If their claim to exemption from service under Vermont should be admitted they would contribute nothing towards. the common defence. The effect would be to encourage all who desired such exemption to unite with those who favored New York, and thus to weaken the power, not only of Ver- mont, but of the whole country.
The men administering the government of Vermont were prompt in determining upon decisive action. A session of the superior court of the state, having criminal jurisdiction, was soon to be holden by adjournment at Westminster. Early in May, the governor and council issued an order to Ethan Allen commanding him "in the name of the freemen of the state of Vermont to engage one hundred ablebodied effective men as volunteers in the county of Bennington, and to march them into the county of Cumberland seasonably to assist the sheriff of that county to execute such orders as he had or might receive from the civil authority of the state," previous to the said adjourned session of said court, which was to be held on the 26th of that month. In due time Allen, with his Green Mountain Boys, appeared in Cumberland county and uniting his men with a detachment of the militia of that county under Col. Fletcher, they succeeded in arresting between thirty and forty of those against whom warrants had issued, among whom were most of the leading New Yorkers in the county, including the colonel, lieut. colonel and major, and several of the captains and other officers of the New York regi- ment. They were soon brought to trial as rioters before the court at Westminster, and most of them convicted and fined in sums ranging from two to forty pounds each, according to their supposed influence as leaders or the contrary. Upon the payment of their fines, which considering the inflated state of the continental cur- rency at the time, could have been little more than nominal, and satisfying the costs, they were all speedily discharged.
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The legislature of the state met by adjournment, at Windsor, on the 2d of June, and the first day of their session, passed a reso- lution appointing a committee "to wait on his excellency the governor and the honorable council and give them the thanks of the assembly for their raising and sending the posse comitatus into Cumberland county, for the purpose of appreliending the rioters who were tried at Westminster."
The prompt action, and threatening and boastful language and manner of Allen in making his arrests seem to have had their in- tended effect of continuing, if not increasing the terror and alarm with which his hostile movements had long been regarded by the partizans of New York. It does not, however, appear to have been the desire of the Vermont government to deal harshly with its opponents, but rather, after vindicating its authority, to conciliate them. The views of those having the management of its affairs are doubtless fairly expressed in a letter written from Cumberland county at the time by Ira Allen to Col. Bellows of Walpole. "It is not our design," he says, " to treat the inhabitants of this county with severity, but with as much lenity as the nature of the case will admit. Yet the authority of this state must be supported, for com- missions from two different states can no longer subsist together. We mean not to boast of our victory over those gentlemen who were in favor of New York in this county, but hope to make them our friends, and have the pleasure of treating them as such. We mean this movement as a defiance to the old government of New York, with whom we have long contended for our properties."
To show that they were not disposed to deal unkindly with the offending "Yorkers," the governor, on the 3d of June, a few days after the adjournment of the court, by the advice of his council, issued a proclamation granting a free pardon to all riotous offenders against the state jurisdiction, excepting only those persons who had been already convicted.1
While the inhabitants of Vermont had been striving to perfect and strengthen their state organization, the efforts of the New York government to procure the aid of congress to overthrow it, had been untiring. New York had always been represented in congress by some of her ablest men, but they had not succeeded in accomplishing much against the Vermonters. The delegates chosen by the legis-
1 Laws of Vermont, 1779. Slade, 106 - 108, 309, 556. Doc. Hist. N. Y., 957-976. Ethan Allen Pupers, 289. Williams's Vermont, 247-250. Hall's Eastern Vermont, chap. XIII.
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lature, the 16th of October, 1778, were James Duane, Gouverneur Morris, Philip Schuyler, William Floyd and Francis Lewis, all of whom had already been members of that body, Mr. Duane during the whole period of its existence. But notwithstanding this formid- able array of talent it was deemed advisable, in reference to the Ver- mont difficulty, to strengthen it still further.
By the constitution of New York, the chancellor and judges of the supreme court were prohibited from holding any other office " excepting that of delegate to the general congress, upon special occasions." The legislature having resolved that " tlie disorders prevailing in the northeastern part of the state." furnished " a special occasion," proceeded on the 10th of November, to choose John Jay, who was chief justice of the supreme court, an additional delegate. Mr. Jay sustained a high reputation, both as a lawyer and a states- man, and it might well be supposed that his talents and influence would add strength to the claims of New York in that body. He took his seat in congress the 7th of December, and three days after- wards, on the resignation of Mr. Laurens, was elected its president, which place he held until September 28, 1779. But notwithstand- ing these advantages of character and official position, it was several months before Mr. Jay, with the cooperation of his associate dele- gates, could make much progress in the business for which he had been specially selected. He found, as he states in his final report to Gov. Clinton, great reluctance in congress to take up the subject. For this reluctance lie assigned several causes, the most prominent of which were an alleged want of authority in congress to meddle with the internal affairs of a state ; the apprehension, from the war- like and determined character of the Vermonters, that it would be difficult to enforce an order against them, and that if driven to extremities they might be induced " to join the enemy and increase their force; " and the favorable feeling of some of the members towards the claims of the inhabitants to independence, especially among those of New England whence the territory had been peopled.
It was not until the 22d of the ensuing May, that any movement appears to have been made in congress on the subject. On that day the New York delegates introduced a series of resolutions, de- claring in substance, that the extent and boundaries of the several thirteen states were the same as during their previous existence as colonies, and that " no part of any one of them should be permitted to separate therefrom, and become independent thereof, without the express consent and approbation of such state." If these resolutions should be adopted, the whole matter would at once be decided in
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favor of New York, and without any hearing . on the part of Ver- mont. The resolutions were referred to a committee of the whole. and the ensuing Saturday (the 29th) was named for their conside- ration. On that day the New York delegates presented a letter from Gov. Clinton, enclosing the communications to him before mentioned from Cumberland county, which contained an account of the rescue of the cattle from the Vermont sergeant by the friends of New York. Gov. Clinton's letter expressed strong apprehensions of further disturbances, and urged the speedy and decisive interpo- sition of congress as the only means of preventing a serious conflict of arms. These papers, with some others in relation to the contro- versy, being also referred to the same committee of the whole, the subject was taken up and discussed on Friday the first of June, when the congress came to the following resolution :
" Whereas, divers applications have been made to congress on the part of the state of New York and of the state of New Hampshire, relative to disturbances and animosities among the inhabitants of a certain district known by the name of the New Hampshire Grants, praying for their interference for the quieting thereof; congress having taken the same into consideration,
" Resolved, That a committee be appointed to repair to the in- habitants of a certain district known by the name of the New Hampshire Grants, and inquire iuto the reasons why they refuse to continue citizens of the respective states which heretofore exercised jurisdiction over the said district; for that as congress are in duty bound, on the one hand, to preserve inviolate the rights of the several states; so on the other, they will always be careful to pro- vide that the justice due to the states does not interfere with the justice which may be due to individuals :
" Resolved, That the committee confer with the said inhabitants, and that they take every prudent measure to promote an amicable settlement of all differences, and prevent divisions and animosities so prejudicial to the United States."
A committee of five members was accordingly chosen, any three of whom were empowered to act.
On the 7th of June Gov. Clinton addressed a long letter to the president of congress, giving an account of the further outrages which had been committed by Col. Allen and his associates in arresting and imprisoning the New York officers in Cumberland county. He also complained bitterly of the measure of sending a committee to confer with the inhabitants of the disturbed district, and of other acts of disrespect towards the state of New York which congress, as he
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alleged, had shown in relation to the revolters from her authority. On the 16th of June a committee to whom this letter had been re- ferred, reported resolutions which were adopted, declaring, that the officers acting under the state of New York who had been restrained of their liberty on the New Hampshire Grants " ought to be imme- diately liberated ;" and that the several other matters of complaint made by Gov. Clinton should be referred to the committee appointed to visit the district, and that further action should be postponed until their report should be made. The resolution for releasing the persons who had been arrested by Allen, was of course inoperative, they having been already discharged.
Only two members of the committee, Mr. Witherspoon of New Jersey and Mr. Atlee of Pennsylvania, visited Vermont. On reach- ing Bennington they had an interview with Gov Chittenden and others in authority in the state, and undertook to reconcile the difficulties which had arisen in relation to the furnishing of men for military service, by entering into an agreement with Gov. Chitten- den that the adherents of New York should voluntarily contribute their fair proportion, with others, for the raising of men to guard the frontier, and that so long as they did so, they should not be molested by the Vermont officers. On the 23d of June, Messrs. Witherspoon and Atlee addressed a letter from Bennington to Samuel Minott, the chairman of the New York committee at Brat- tleboro, informing him that they had been sent from congress "for the express purpose of endeavoring to bring about an amicable set- tlement of the differences between the state of New York and the inhabitants of the New Hampshire Grants, who had formed them- selves into a state called by them the state of Vermont;" stating the agreement they had made with Gov. Chittenden, and recommending that the friends of New York should voluntarily and freely raise their full proportion of men to guard the frontier, whenever their neighbors were called upon for that purpose, "either by Continental officers or the new state." The letter concluded as follows : "This we are confident you will readily comply with, as otherwise people will be tempted to impute your conduct to disaffection to the cause of the United States. We hope you will understand that the pro- tection and forbearance which is promised in your behalf is to be considered as on the condition of your cordially complying with our request, and in every respect behaving quietly and orderly while the measures for pacification are on foot."
On the same day Gov. Chittenden wrote to a Vermont officer in Cumberland county, informing him of the arrival of the committee
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of congress at Bennington, for the purpose of endeavoring to make an amicable settlement of their difficulties, concluding his letter as follows : " From the situation of present affairs and the pressing necessity of securing our frontier inhabitants, together with the advice of the committee aforesaid, transmitted in a letter, I presume the inhabitants will readily turn out in defence of their country, agreeable to orders, and in the meantime I would recommend, while they continue to do their proportion in the present war, the suspend- ing of all prosecutions in the law against those who acknowledge themselves subjects of the state of New York (except capital offences), until congress make a determination of the matter."
On the 11th of June, some time before the arrival of the com- mittee, Gov. Chittenden had issued an order for raising men for service on the frontier, and after the committee had left Bennington, he received information that the property of some delinquents in Cumberland county had been sold under such order in conformity to the law of the state, which information he at once communicated to them by letter, in which he stated that as this " was occasioned wholly by reason of those persons neglecting to do their proportion of duty in the present war, they would readily perceive it could not be construed to be any breach of the engagement which agree- ably to their advice, he had entered into with them." In their answer, dated at Albany the 28th of June, they say they were " not willing to consider it a breach of the agreement," but expressed great apprehension that " it might be the means of defeating all their endeavors for promoting peace," and gave it as their opinion that the agreement would be wholly frustrated unless a stop was put to further proceedings of the kind, and restitution made to the people whose cattle had been thus seized.
This last proceeding had taken place in ignorance of the agree- ment with the committee. There is no doubt it would have been fairly carried out by Gov. Chittenden, as all that had been asked of those adhering to New York, was to do their proportion of service or pay for it voluntarily, and save the necessity of coercive measures. The proposed treaty was disapproved by the Cumberland county ad- herents of New York, and would have been most certainly rejected with indignation by Gov. Clinton, for impliedly, if not directly, admitting the existence of such a jurisdiction as that of the state of Vermont.
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