The history of Vermont, from its discovery to its admission into the Union in 1791. By Hiland Hall, Part 38

Author: Hall, Hiland, 1795-1885
Publication date: 1868
Publisher: Albany, N.Y., J. Munsell
Number of Pages: 1072


USA > Vermont > The history of Vermont, from its discovery to its admission into the Union in 1791. By Hiland Hall > Part 38


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STATE OF VERMONT, June, 1781.


Whereas Col. Ira Allen has been with a flag to Quebec for the purpose of settling a cartel for exchange of prisoners, and has used his best policy by feigning or endeavoring to make them believe that the state of Vermont had a desire to negotiate a treaty of peace with Great Britain -thereby to prevent the immediate invasion or incursion upon the frontiers of this state, as appears by the letter he sent to Gen. Haldimand dated May 8, 1781, enclosing a copy of Col. Beverly Robinson's letters to Gen. Allen and Gen. Allen's letter to congress, and the resolutions of the assembly of Vermont appro- bating the same, as also the circular letter to the several states de- livered to Dundas according to his verbal report made to us this day. We are of the opinion that the critical circumstances this state is in, being out of the Union with the United States and thereby unable to make that vigorous defence we could wish for -think it to be a necessary political manœuver to save the frontiers of this state.


·


JONAS FAY,


THOMAS CHITTENDEN,


SAMUEL SAFFORD, MOSES ROBINSON,


SAMUEL ROBINSON, TIMOTHY BROWNSON,


JOSEPH FAY, JOHN FASSETT.1


These men were among the most ardent patriots of the state who during the whole revolutionary period and afterwards, so long as they lived enjoyed the full confidence of the people and were called by them to occupy the most honored and trustworthy posi- tions in their gift. They had no idea of submitting to British authority ; but under the circumstances in which they were placed deemed it proper to resort to stratagem, always practiced and deemed justifiable in war, to ward off the expected blows of an enemy.2


The frequent exchange of flags with Canada had excited strong suspicions in the country, in Vermont as well as in other states, that something wrong was on foot. Rumor proclaimed that the Ver- mont leaders were making a treaty of peace, and forming an alliance with the British government. To such treaty nine-tenths of the people of the state would be deadly opposed. The subject of Col. Allen's mission would come before the legislature which was to meet


1 Stevens Papers, vol. 7, p 179. De Puy's Ethan Allen and the Green Mountain Boys, p. 411.


2 See Biographical notices of these several persons in the Appendix, No. 1.


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EARLY HISTORY OF VERMONT.


at Bennington on the 13th of June, when the difficult task wouldl be imposed on those who had been concerned in the negotiation of satisfying the general assembly and the whig public, that nothing of the kind had been in contemplation, and at the same time to have it understood by the friends of Great Britain, that the consummation of such a treaty, at no very distant day, was extremely probable. This difficult task, was, however, by the skillfulness of Gov. Chitten- den and Col. Allen, performed with a considerable degree of success.


On the 19th of June the council and assembly, in accordance with a resolve of the preceding day, met in committee of the whole, the governor in the chair, for the purpose of making an "inquiry into the grounds of the report of a treaty with Canada." The governor stated that in consequence of application from several persons pray- ing that some measures might be taken to procure the exchange of their friends who were prisoners in Canada, he had, in the recess of the legislature, with the advice of his council, authorized Col. Allen to go to the Isle aux Noix, to settle a cartel for the exchange of prisoners ; that Col. Allen had met the British commis- sioners and with difficulty had completed the business in behalf of Vermont, that no such exchange had taken place with the United States or any other state in the northern department, and he referred the committee to Col. Allen for any further explanation which they might wish. Col. Allen then gave such an account of his transac- tions as satisfied the legislature that no such treaty had been made, and that nothing had been done inconsistent with the interest of the state. It is stated by Col. Allen in his history, that in the audi- ence there were intelligent whigs from other states who came to ascer- tain the character and extent of the negotiation and who as well as the legislature, were persuaded that all was patriotic and right on his part, and that spies were also in attendance from Canada to learn what report he would make of his transactions with the Bri- tish commissioners, and that they were equally well satisfied. But however satisfactory Col. Allen's exposé may have been to those who heard him, it was not sufficient to allay the suspicions which extensively prevailed in the other states and in congress, that there was something in the negotiation unfriendly to the common cause of the country ; and it also required much further explanation to keep Gen. Haldimand well assured that good faith had been observed towards him.1


1 Ira Allen's History, p. 172-174. Haldimand Papers, vol. 1, p. 277, 293, 313. Assembly Jour., June 18th and 19th.


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EARLY HISTORY OF VERMONT.


No steps having been taken by the legislature of Vermont towards the appointment of commissioners to enter into a treaty with Gen. Haldimand, as he had been led to expect, some explanation of tlie reasons for the omission seemed indispensable, for otherwise he would be likely to consider the armistice at an end, and commence hostilities at once. It was therefore deemed advisable by Gov. Chittenden and his cabinet council, for Col. Allen to address him a letter on the subject, which was done under date of the 10th of July. The letter was intended and well calculated to produce delay in his warlike operations, by making him believe there was still a strong probability that the Vermonters would accede to his proposals. Some of its most important statements were to the effect, that congress still continued hostile to Vermont ; that three agents had been appointed to apply to congress for the admission of the state as lately enlarged, one of whom was from the eastern union; that the application would be re- jected, which would greatly increase the dissatisfaction of the Vermonters with that body ; that emissaries from other states had been in attendance upon the legislature watching and endeavoring to influence its proceedings ; that on a political scrutiny of the members it was found that a majority of them were whigs, and that it would not only be premature and useless, but dangerous to final success to introduce the subject of a treaty to them as a body ; that the frinds of a treaty were therefore obliged to work in some degree " under the rose;" that their numbers and strength had however been increased ; that the three brigadier generals of the militia lately appointed, and also the commanding officer on the frontier were acquainted with his proceedings at the Isle aux Noix; that in the eastern and western unions were many strong friends of Great Britain ; that although the people were not yet ripe for a treaty, every exertion was making to prepare them for it ; that the agents, of which the writer was one, would start for congress about the first of August; and finally that at their annual election which would take place early in September, " in all human probability a large major- ity of the then officers of government would be well disposed, and that then by the advantage of another denial from congress, and having the reins of government in their hands for one year, they would make a revolution so long looked for by many." 1


The reasons and motives for dispatching this letter are stated in a written document delivered to Col. Allen by his associates in the negotiation, of which document the following is a copy :


1 Hald. Papers, vol. 1, p. 291.


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"STATE OF VERMONT, 10 July, 1781.


" Whereas this state is not in union with the United States although often requested, etc.


" This the British power are acquainted with and are endeavoring to take advantage of these disputes thereby to court a connexion with this state on the principle of establishing it a British province. From various accounts we are well assured that the British have a force in Canada larger than this state can at present raise and support in the field, and this state have no assurance of any assistance from any or either of the United States however hard the British forces may crowd on this state from the province of Quebec by the advantage of the waters of Lake Champlain, etc. Although several expresses have been sent by the governor of this state to several of the respective governors of the United States with the most urgent requests to know whether any assistance would be afforded in such case, yet no official answer has been made by either of them.


" Wherefore we the subscribers do fully approbate Col. Ira Allen sending a letter dated Sunderland, July 10, 1781, and directed to Gen. Haldimand, and another letter to Capt. Justice Sherwood, purporting an intention of this state's becoming a British province, etc. This we consider a political proceeding to prevent the British forces from invading this state, and being a necessary step to preserve this state from ruin, when we have too much reason to apprehend that this has been the wishes of some of our assuming neighbors, in the mean time to strengthen the state against any insult until this state receives better treatment from the United States or obtain a seat in congress.


"THOS. CHITTENDEN. JONAS FAY.


JOHN FASSETT. SAML. ROBINSON.


TIMY. BROWNSON. JOSEPH FAY." 1


Col. Allen's letter was committed to the care of Maj. Joseph Fay, who was commissioned by the governor to carry out the arrangement which had been made the previous May for the exchange of prison- ers on board the Royal George on Lake Champlain. Thence the letter was dispatched to Gen. Haldimand at Quebec, where it was received by him about the first of August. He appears to have


1 Stevens Papers, vol. 7, p. 225. See also De Puy's Ethan Allen and Green Mountain Boys, p. 412.


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been greatly disappointed at the inaction of the Vermont govern- ment on the subject of a treaty, and to have strongly distrusted the sincerity of Allen and his associates in their intercourse with him. In a letter to Sir Henry Clinton at New York, of the 2d of August, he complains that the flag promised by the 20th of July had but just arrived, and of Col. Allen's letter he says : " It is fraught with much sincerity or much duplicity, the latter I fear is the real sense of it, which I am the more inclined to think from his not coming with the flag." The general, however, concluded to wait and hear what Maj. Fay had to offer on the subject.1


It required the utmost exertions of Major Fay to remove the sus- picions which were entertained by Gen. Haldimand and his com- missioners against the good faith of the Vermonters, in which he seems, after a skillful labor of over two weeks, to have only partially succeeded. It was, however, finally agreed that commis- sioners from Vermont should meet the British commissioners at Skenesborough by the middle of September, to complete the exchange of prisoners, and that they should then report the result of the new application to congress, Mr. Fay engaging that certain important papers and documents relating to the affairs and proceed- ings of Vermont should then be furnished, and in the meantime hostilities against the state were to be suspended.2


Col. Ira Allen and Major Joseph Fay met the British commis- sioners at Skenesborough, according to agreement, and furnished them with copies of sundry papers relating to Vermont affairs, among which were the letter of President Weare of New Hampshire to congress of June 20th, the questions of the committee of congress to the Vermont agents of the 18th of August, and their answers thereto; the terms offered by the agents for the admission of the state into the union, and the resolution of congress of the 20th of that month, by which the terms were rejected. The character of these documents, and the apparent frankness and candor of the Vermont commissioners in communicating them made a favorable impression, but their position was peculiarly embarrassing. Gen. Haldimand had been led to believe by Col. Allen's letter of the 10th of July, and Major Fay's confirmatory statements in August, that at the election which was to take place in September, and which had just then passed, a majority of the officers elected


1 Hald. Papers, vol. 1, p. 313.


2 Ira Allen's Hist., p. 175. Life of Chittenden, p. 214, Hald. Papers, p. 313, 319-343, 345-369.


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EARLY HISTORY OF VERMONT.


would be favorable to a treaty, and that when the legislature came together in October, commissioners would be appointed to conclude it. There could not have been the least expectation on the part of the Vermonters that such would be the ease, but the probability of such a result had been held out to Gen. Haldimand and his commissioners as the only practicable means of obtaining a prolon- gation of the armistice. If any or all of the men who had been privy to the negotiation should venture to propose the measure of entering into such a treaty, they very well knew that it would be rejected by an overwhelming majority of the legislature, and that those who favored it would be deserted by the people, and treated as enemies of the state and country. The meeting of the legislature was just at hand, and a like expedient to that in June, of having no movement made in that direction could not be repeated with any hope of success. Such a failure of the legislature to act would be pretty sure to convince the already wavering mind of Gen. Haldi- mand of the bad faith of the Vermonters, and to result in an imme- diate commencement of hostilities.


The only mode of avoiding this difficulty was by shifting the risk and responsibility of making the first publie proposal of a treaty from the Vermont legislature to Gen. Haldimand. This would save the leaders in the negotiation from exposure to their own people, and might have the effeet to continue the inaction of the British forees to the end of the campaign.


With these ends in view, Messrs. Allen and Fay represented that although they and their associates in the Vermont government were anxious to bring about a reconciliation, yet that a very large portion of their people would be opposed to a separate treaty, and from the best information they could then obtain, they felt compelled to express the opinion that if they should propose and advocate the measure in the coming session of the legislature they would be likely to be defeated in their efforts. As a last resort for aeeom- plishing the desired object, and as the best means of effecting it, they proposed that Gen. Haldimand should issue a proclamation embodying the offers he had made to them of a separate charter government, embracing their territory in its largest extent from Hudson's river to Mason's line, seeuring them in their land titles and in the choice of their own officers, except the governor, and in all the privileges enjoyed by the most favored colony under the crown ; that the proclamation should be committed to the care of the British commissioners, who at the proper time should send it by a flag, under seal to the commanding offieer at Castleton, directed


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EARLY HISTORY OF VERMONT.


to the speaker of the assembly, to whom it would be immediately for- warded. It was represented that a suitable time for sending the pro- clamation would be soon after the rejection by the legislature of the terms offered by congress, when the members would be likely to be in an unfriendly mood towards that body, but of the proper time the Ver- mont commissioners were to give notice by a flag. The contents of the dispatch would be unknown until it was opened by the speaker and laid before the house, and it was alleged by Messrs. Allen and Fay that this mode of introducing the subject would enable the friends of the measure to exercise a much greater influence in its favor than if they should in the first instance publicly commit themselves to the measure by proposing it. Gen. Haldimand appears to have hes- itated about acceding to this proposal, on account of the uncertainty in regard to the temper with which his proclamation might be received. In answer to certain written queries to the Vermont commissioners they stated that their proposal coincided with the opinion of the governor and such of his council as wished for a British government, that the proclamation would lay a good founda- tion for the action of the legislature, that under the circumstances in which it would be presented there was the highest probability of its success, and that even if it should be rejected they were confi- dent it would not injure the prospects of a reunion, but would "add to the number of those who would still pursue the grand object."


This plan was finally agreed upon and the form of a proclamation was prepared, of which a copy is found in the Haldimand papers. The Vermont legislature was to meet the second week in October, and Gen. Haldimand determined to send about that time with his proclamation a strong force to Crown Point, to encourage the efforts of the friends of the crown and to act according to circumstances. He also directed strong parties from Niagara to appear on the Mohawk river and on the frontier of Pennsylvania to harrass the Americans, to distract and divide their forces and to diminish their supplies.1


Gen. St. Leger at the head of the British army from Canada ascended Lake Champlain as far as Ticonderoga, General Enos having the command of the troops of Vermont on the frontiers with his head quarters at Castleton. The several officers under him, among whom were Colonels Samuel Fletcher and Ebenezer Walbridge, were fully acquainted with the Canada negotiations. Notwithstanding


' Huldimand Papers, vol. 1, p. 465, 469, 471, 477, 361, 367-505. Ira Allen's Vt., p. 184, 189. Williams's Vt., p. 266.


47


370


EARLY HISTORY OF VERMONT.


the agreement for the cessation of arms, it was necessary to keep up the mimicry of war, by sending out scouts to observe the move- ments of the enemy. One of these scouts fell in with one of St. Leger's, shots were exchanged, and Sergeant Tupper who com- manded the Vermont scout was killed on the spot, and his men retreated. General St. Leger caused the body of the sergeant to be decently buried, and sent all his clothes with an open letter to Gen. Enos expressing his regret for his fate and making an apology for his death. The dispatch and apparel were openly delivered to Gen. Enos, and caused considerable excitement among the troops. What followed will be related in the language of Col. Ira Allen.


" Gen. Enos and Colonels Fletcher and Walbridge wrote letters and sent immediately an express to Gov. Chittenden at Charlestown, announcing the arrival at Ticonderoga of the British army ; wherein they blended public matters and private negotiations. Mr. Hatha- way, the messenger, not being in the secret, failed not to proclaim the extraordinary message of Gen. St. Leger through the streets of Charlestown, till he came to the governor, which happened in the recess of the legislature, and occasioned crowds of people to follow him to hear the news. The governor and others were sitting in a large rooms, among whom were some persons that were eager to learn about the negotiations which were generally supposed to be carried on between the British in Canada and Vermont, to make an ill use thereof. The governor opened all of the letters and thought it pru- dent to peruse them himself before he allowed them to be publicly read. The letters were found to contain both public and private informa- tion, which occasioned some change of letters between the governor and Messrs. Brownson and Fassett, who were in the secret and were next to the governor. In this confused moment, Major Runnals [who was in command of some New Hampshire troops stationed at Charlestown], came in and inquired of Col. Allen what was the reason that Gen. St. Leger was sorry that Sergeant Tupper was


killed ? Mr. Allen said he could not tell. Mr. Runnals repeated the question ; and Mr. Allen observed, that good men were sorry when good men were killed, or met with misfortune, which might be the case with Gen. St. Leger. This answer enraged Mr. Runnals, and he again loudly inquired what reason could possibly induce a British general to be sorry when his enemy was killed, and to send his clothes to the widow ? Col. Allen then requested Major Runnals to go at the head of his regiment and demand the reason of his sor- row, and not stay there asking impertinent questions, eating up the country's provisions, doing nothing when the frontier was invaded.


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Very high words passed between the Major and Col. Allen, till Mr. Runnals left the house. This maneuver drew all the attention from the letters. It was then proposed that the board of war should be convened, and the governor summoned the members of the board to appear as soon as possible in his chamber, leaving Mr. Hathaway to detail the news to the populace, the board of war all being in the secret. New letters were made out from Gen. Enos and Cols. Fletcher and Walbridge's letters, and for the information and satis- faction of the public, read in council and assembly for the originals, and then returned to the governor. These letters contained every thing but the existing negotiations which prudence and policy dic- tated to be separated from other parts of the letters." 1


Gen. Haldimand, who as has been seen, had entered into the plan of making an offer to the Vermonters by proclamation with some reluctance, from the fear that it might be unfavorably received, appears to have left the time of its publication wholly to the disere- tion of the Vermont commissioners. They were of course in no hurry to have it forwarded while the enemy could be otherwise kept quiet. The legislature of the state did not complete their considera- tion of the proposal of congress of the 20th of August until the 19th of October, when as had been anticipated, its terms were declined, and commissioners were appointed to negotiate with the claiming states as before related. It had been agreed to delay the issuing of the proclamation till such legislative action had taken place. Events at the south furnished a sufficient excuse for not having it forwarded at all. The army of Lord Cornwallis had been besieged at York- town for some weeks by the combined American and French forces under Washington, and had actually surrendered on the 19th of October. News in those days traveled slowly. Towards the latter part of the month a report of the surrender, which had indeed been for some days expected, reached Charlestown. Upon which Col. Allen addressed a letter to the British com-


1 The dispatches were committed by Gov. Chittenden for revision to Nathaniel Chipman then a rising young lawyer who had been admitted into the secret of the negotiation, who afterward became a senator in con- gress and chief justice of the state, and whose patriotism was never doubted. He was learned and eminent in his profession. His work on the principles of government, evinces a knowledge of constitutional law and a power of reasoning that would have done honor even to Daniel Webster. He is justly entitled to rank among the most profound and able jurists of the country. See his life by his brother Daniel Chipman generally, and particu- larly pp. 37, 70, also Chipman's Reports, Rutland, 1793, Principles of Gon- ernment, Burlington 1833. Allen's Biography.


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missioners, enclosing copies of the proceedings of the legislature on the resolutions of congress, stating the report of the capture of Cornwallis, and adding that whether true or false it would have an effect upon the people unfavorable to the negotiation, and that in the then critical situation of affairs it would be altogether improper to publish the proclamation. The package containing this letter appears to have reached the British commissioners at Ticon- deroga about the first of November, upon which the troops and military stores were embarked, and were soon on their way to Canada, thus ending a campaign which had threatened carnage and desolation to the whole northern frontier, with the loss of only a single life, and with only a small expenditure of means.1


1 Haldimand Papers, vol. 1, p. 519, vol. 2, p. 127-139, 153 - 155, 122 -127. Life of Stark, p. 285. Life of Brant, vol. 2, p. 201-3. Ira Allen's Vt., p. 189- 192. The account in the text, especially in relation to the proclamation, differs in some respects from that of Mr. Allen, but appears to be fully sus- tained by the correspondence and reports found in the Haldimand Papers.


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EARLY HISTORY OF VERMONT.


CHAPTER XXXIII.


FAVORABLE EFFECTS OF THE CANADA NEGOTIATIONS ON THE STATE AND COUNTRY.




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