USA > Vermont > The history of Vermont, from its discovery to its admission into the Union in 1791. By Hiland Hall > Part 41
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The government of Vermont was aware of the preparations that were making to resist its authority, and resorted to energetic mea-
1 Mr. B. H. Hall, whose sympathies were with the adherents of New York, speaks of their strength at this period as follows: " The friends and support- ers of the government of New York who, until the year 1780, had composed a large portion of the population of the towns in the south eastern part of Vermont, had been gradually decreasing in power and numbers. At this period a majority of the inhabitants of Guilford, and a minority of the inha- bitants of Brattleboro and Halifax, the family of Charles Phelps in Marlboro, and here and there an individual in Westminister, Rockingham and Spring- field, and a few other towns, represented their full strength." Hall's E. Vt., p. 423.
2 Clinton Papers, No. 4482, 4527, 4565, 4574. Doc. List. N. Y., vol. 4, 1010 - 1012. Slade, 183, 184, 446. Hall's Eastern Vt., p. 420-432.
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sures for enforcing it. The legislature which assembled at Windsor on the 13th of June, passed " an act for the punishment of con- spiracies against the peace, liberty and independence of the state," by which all persons who conspired against its jurisdiction and forcibly resisted its authority, were made liable to imprisonment or banishment, in the discretion of the supreme court; and any person returning from such banishment, without leave of the general assembly, was, on conviction, to suffer death. An act was also passed authorizing the governor to raise any number of men he might deem necessary, and appoint officers to command the same and cause them to be marched into any part of the state "to assist the sheriff's in their respective counties in the due execution of their offices." But before resorting to force, it was deemed advisable to see what could be done by conciliatory means. With that view, the. assembly passed a resolution, " requesting Isaac Tichenor, Esq., to repair to the towns of Brattleboro, Halifax and Guilford, and explain the proceedings of congress to the disaffected in a true light, and that he use his utmost exertions to unite the people in those towns to the government of the state." Mr. Tichenor, then under thirty years of age, was a native of New Jersey, a graduate of Princeton, and a lawyer by profession. He was afterwards, for long periods, a judge of the supreme court, and governor of the state, and for more than one term a senator in congress. He was a ready speaker, and noted for his fascinating manners and great persuasive conversational powers. Although he executed his mission with prudence and ability, it was in a great degree unsuccessful. The opposition to the Vermont authority, led and stimulated by the newly appointed civil and military officers under New York, grew still more determined. On the 10th of July, Charles Phelps wrote Gov. Clinton, urging him to obtain an order from Gen. Washington for four small field pieces to be sent from Springfield to Brattleboro, to be used against the Vermonters, and to have the governor at the same time issue his printed proclamation, assuring the friends of New York, that they would be protected in their opposition by a competent military force; General Washington's approval of the cause of New York, thus publicly shown, would, he argued, in con- nexion with the proclamation, so intimidate the Vermonters, as to prevent any further proceedings on their part. If Gov. Clinton confided in the efficacy of these measures, he probably very well knew that Gen. Washington, after the friendly advice he had recently given the Vermonters, and which they had followed into the very difficulties they were now encountering, was not likely to
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countenance any such proceeding against them. At any rate no application was made to him for cannon. nor was any proclamation issued. A few days afterwards, a committee of the hostile inhabit- ants of those towns addressed a formal petition to Gov. Clinton, asking for military aid in their opposition to Vermont, and for information and advice in regard to the proper measures to be adopted by them. To this petition the governor returned a long answer, in which he informed them that in his opinion congress would never decide in favor of the independence of Vermont, and he feared they would not in favor of New York; that the legislature of New York would never relinquish their claim to the territory in question, " unless impelled thereto by the most inevitable necessity;" that though "it was not in his power positively to stipulate that any body of troops or militia should march to their defence," yet he " did not wish to be understood as discouraging them in their opposition to the usurpation " of the Vermont government. This letter, though it did not give certain assurance of immediate aid, was calculated to inspire confidence in the ultimate triumph of the New York juris- diction, and to strengthen the determination of its friends to resist the Vermont authority. On the receipt of this answer, the adherents of New York openly boasted that they expected assist- ance from the government of that state, and a considerable number of them, in a formal and solemn manner, pledged themselves to each other " to oppose the state of Vermont even to blood."
Opportunities to resist the Vermont authority were not wanting. A judgment in a civil suit had been rendered by a Vermont justice against Timothy Church of Brattleboro, the recently appointed col- onel under New York, and the execution was placed in the hands of Jonathan Hunt, sheriff of Windham county, for collection. Towards the latter part of August, the sheriff in attempting to execute the process, was resisted by Church and his friends, and an arrest pre- vented. The sheriff without further effort, reported the facts to Gov. Chittenden. Other hostile demonstrations against the author- ity of the state were also made, rendering it indispensible for the government, either to abandon its claim to jurisdiction, or to take effectual measures to maintain it.
On the 2d of September, Gov. Chittenden, in accordance with the advice of his council, issued a commission to Gen. Ethan Allen, em- powering and directing him to raise two hundred and fifty volunteers out of the two regiments of Col. Walbridge and Col. Ira Allen in Ben- nington county, " ...... and have them equipped with horses, arms, and accoutrements, and march them into the county of Windham,
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as a posse comitatus for the assistance of the civil authority within said county." The men were mustered at Bennington, and very early on Monday morning of the 9th of September, they left that place for the scene of their intended operations. While this force had been gathering, the passes across the mountain had been guarded to prevent a knowledge of the preparations froin reaching the disaf- fected towns. When the party reached Marlboro, twenty-five miles from Bennington, detachments were sent to different points to arrest offenders, Allen at the head of the main body taking his course to Guilford, the stronghold of the friends of New York. On reach- ing that place some show of opposition was made, but Allen aware of the terror which his name and threatening language was wont to inspire advanced without molestation, and in his stentorian voice made proclamation to the people as follows : "I Ethan Allen, do declare that I will give no quarter to the man, woman or child who shall oppose me, and unless the inhabitants of Guilford peaceably submit to the authority of Vermont, I swear I will lay it as desolate as Sodom and Gomorrah." This proclamation. backed by the strong force of armed men, with which it was accompanied, had the desired effect of deterring resistance and preventing the effusion of blood. During the day the Vermont force had been increased to four or five hundred, by additions from the militia of Windham county. The whole party rendezvoused at Brattleboro in the evening, when it was found that of the disaffected, some twenty or more had been made prisoners, among whom were Timothy Phelps, the New York sheriff, Col. Timothy Church, and Majors William Shattuck and Henry Evans of the New York regiment. Charles Phelps, the most untiring and irrepressible of the New York leaders, though closely pursued, made his escape and fled to Poughkeepsie to carry the news of the demonstration of the Vermonters to Gov. Clinton. The next day the prisoners were sent under a strong guard to West- minster, and placed in jail.
On the 11th a special term of the superior court was held at Westminster for the trial of the prisoners. The court consisted of Moses Robinson, chief judge, and Dr. Jonas Fay, John Fassett and Paul Spooner, side judges. Stephen R. Bradley was the prosecuting attorney. Indictments were found against the prisoners and they were put upon trial. In most of the cases there was little dispute about the facts, and verdicts of guilty were readily obtained. The four principal leaders, viz : Timothy Church, Win. Shattuck, Henry Evans, and Timothy Phelps, were considered as deserving the extreme penalties of the law. The judgment of the court in these
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cases was, that each of them " be taken from the bar of the court back to the common jail of the county, there to remain in close imprisonment until the 4th day of October next, and that they be then taken by the sheriff of the county from the common jail and carried without the limits of the state; and that they be then and there forever banished from the state, not to return thereunto, on the penalty of death ; and that all their goods, chattels and estates be condemned, seized, sold and forfeited to the use of the state." On the other offenders fines were imposed. The goods of some of the delinquents against whom warrants had issued and who had fled, were seized and confiscated to the use of the state. The session of the court lasted four days. On the 17th of September a special session of the same court was held at Marlborough, where Samuel Ely, an uneasy and troublesome person, then recently from Massa- chusetts, was tried for denying and defaming the authority of the state, and was sentenced to banishment for eighteen months; and fines were imposed on a few others. Thus closed for this occasion the judicial proceedings of the state against the Yorkers. Charges of unnecessary cruelty were made by them against the Ver- monters which from the hostile and excited feeling of the accusers, should be taken with some degree of allowance. It is said that Allen himself acknowledged that the method which had been pur- sued by him " was a savage way to support government." In the situation in which the Vermont government was placed, it was indispensable, unless it meant to abandon entirely its claim to an independent jurisdiction, to take strong and decisive measures against its adversaries, and perhaps those which were pursued were not more harsh and violent than the exigency required. !
Some notice must now be taken of the military affairs of the state during the year 1782.
Although the capture of the army of Lord Cornwallis in the autumn of 1781 was viewed by the Americans as decisive of the want of ability in the British government to subdue them, it was not known whether it would be so accepted in England, or whether still further desperate efforts to conquer the country might be looked for. In this uncertainty preparations were earnestly made by con- gress for another campaign. The legislature of Vermont, in order
1 Slade, p. 454. Clinton Papers, Nos. 4447, 4654, 4655, 4697, 4680 Vt. Council Jour., for Aug. 29 and Sept. 2, 1782. Doc. ITist. N. Y., vol. 4, p. 1010. Williams's Vt., p. 290, Ira Allen's Vt., p. 233. For a more parti- ticular account of the transactions in Windham county at this period, see B. II. Hall's Eastern Vt., p. 420 - 455.
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to guard as far as was within their power, against an invasion from Canada, had, as has been before stated, directed the raising of three hundred men for permanent service in garrisoning the frontier posts. They had also provided for the collecting of supplies for a much larger force, partly by a tax on the polls and estates of the inhabit ants payable in provisions, to be stored in the several towns for preservation, and for use as needed.1 The British had a force of several thousand regular troops, besides large bodies of royalists and Indians at their command, and until quite late in the season an attack upon the northern frontier was very generally apprehended, not only in Vermont, but by the neighboring states.
Notwithstanding the abrupt termination in the fall of 1781 of the efforts of the enemy in Canada to seduce the Vermonters from their allegiance to the revolutionary cause, they were still disposed to continue their exertions in that direction. The ensuing winter they were extremely anxious to learn the effect which the surrender of Cornwallis had produced on the minds of the people of the state. On the 28th of February, 1782, one of the British agents wrote as follows : " My anxiety to hear from you, induced mne to apply to his excellency [Gen. Haldimand] for leave to send the bearer with this, which having obtained, I earnestly request you to send me in the most candid, unreserved manner, the present wishes and intentions of the people and leading men of your state, respecting our former negotiations, and what effect the late catastrophe of Lord Cornwallis has on them. Will it not be well to consider the many chances and vicissitudes of war ? However brilliant the last campaign may appear, the next may wear a very different aspect. Add to this the great probability of your being ruined by your haughty neighbors, elated by what they call a signal victory, and I hope you will see as I do, that it is more than ever your interest to unite yourselves with those, who wish to make you a free government. Will there be a proper time to send the proclamations ? I repeat my request, that you will tell me without reserve, what may be expected in future." ? It does not appear that any response was made to this inquiry.
On the 15th of April, 1782, Gen. Haldimand received a despatch from the British minister (Lord George Germain) dated the 2d of January, in which he was directed " to make the recovery of Ver- mont to the king's obedience, the primary object of his attention," and informed him that whatever expense he might incur in effect-
1 Slade, p. 440, 446.
2 Williams's Vt., 267. Haldimand Papers, vol. 2, p. 81, 219.
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ing it would not be grudged. He also expressed the hope that Gen. HIaldimand notwithstanding the misfortune of Cornwallis, would " be able to carry with him early in the spring a much larger body of troops than Mr. Washington could spare from his army to go against them." A few days after the receipt of these instructions, on the 22d of April, the British agents wrote again to Vermont, as follows : " In confidence we take this opportunity to acquaint you, by the authority of Gen. Haldimand, that he is still inclined to treat amica- bly with the people of Vermont; and these his generous and humane instructions, are now seconded by much stronger powers from his majesty, than he has hitherto enjoyed for that purpose. We do in confidence officially assure you, that every article proposed to you in his excellency's former offers as well as the confirmation of the cast and west unions in their utmost limits, will be amply and punctually complied with. We hope your answer may be such as to unburden our anxious minds." 1 Extremely fearful about the result, and impatient at not receiving an answer, on April 30th they wrote again, carrying their offers and promises to a still greater extent. "His excellency has never lost sight of his first object, and I am happy to be able in this, to inform you that the general has lately received by the way of Halifax full powers from the king to establish Vermont government, including the full extent of the east and west unions, with every privilege and immunity formerly proffered to you; and he is likewise fully authorized, as well as sincerely inclined, to provide amply for and to make
brigadier general in the line, * * *
* * field officers, with such other rewards as your sincerity and good services in bringing about the revolution, may in future merit. In short the general is vested with full power to make such rewards as he shall judge proper, to all those who dis- tinguish themselves in promoting the happy reunion. And as his excellency has the greatest confidence in you, and
* * much will depend on your recommendations." ?
But notwithstanding the liberal offers which Gen. Haldimand allowed his agents to make, it would seem from his correspondence with Sir Henry Clinton that he had not much expectation they would be favorably answered. In a letter to General Clinton dated April 2Sth, after speaking of the difficulties of his situation, and intimating that his encouragement to the Vermonters which had been
1 Williams's Vt., p. 268.
2 Williams's Vt., p. 269.
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ineffectual before the misfortune of Lord Cornwallis, was not likely to prove successful now, he writes as follows : " The crisis is arrived when coercion alone must decide the part Vermont will take, and that measure should be determined upon from the minute the troops directed by Lord George to appear upon their frontiers shall take post, and must be carried into execution as far as possible, after giving them sufficient notice, by laying waste their country, if they do not accept the terms offered.' Reports from Canada foreshadowed this intended invasion, and excited much alarm in the frontier states. The month of June appears to have been fixed upon as the time for entering Vermont with a hostile army, but the difficulty of procuring supplies for the troops produced unexpected delays, and it was not until considerably later in the season that the contemplated force for the expedition could be mustered at the Isle aux Noix.
Early in July, Col. Ira Allen was sent again into Canada, with a letter from Gov. Chittenden to Gen. Haldimand, requesting the release of two officers, belonging to Vermont, who were then prison- ers in that province. The British agents were extremely anxious to bring their negotiations with Vermont to an immediate decision. All the arts of negotiation were employed, on the one hand, to make it appear to be for the interest of Vermont to declare herself a Bri- tish province, and on the other, to avoid this step, without bringing on a renewal of hostilities. On the 11th of July, Col. Allen at Quebec addressed a very long letter to Gen. Haldimand, in which a variety of political matters, more or less connected with the affairs of Vermont, were discussed with diplomatic skill and ability, the object being to inspire the general's confidence in the friendly dis- position of the Vermonters towards Great Britain, and in their hostility to congress; the logical inference from all which was that Vermont wished and ought to be a British province, but that the present was a most unpropitious and dangerous time to attempt its consummation.2
A secret treaty was offered by the British agents and much urged. But in the event, Gen. Haldimand agreed to continue the suspen- sion of hostilities, and wrote a very friendly letter to Gov. Chitten- den, bearing date August Sth, fully complying with his request for liberating the prisoners, and announcing his pacific disposition towards Vermont, in this unequivocal manner : "You may rest assured that I shall give such orders, as will effectually prevent
1 Haldimand Papers, vol. 2, p. 221.
2 Williams's Vt., p. 269. Haldimand Papers, vol. 2, p, 283-299.
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hostilities of any kind being exercised in the district of Vermont, until such time as a breach on your part, or some general event may make the contrary my duty. And you have my authority to promulgate in such manner as you shall think fit, this my intention to the people of the said district, that they may without any appre- hension continue to encourage and promote the settlement and cultivation of that new country, to the interest and happiness of themselves and their posterity." 1
It was doubtless believed by the Vermont leaders that the for- bearance of Gen. Haldimand to invade their state was owing wholly, as that of the previous year had unquestionably been, to their adroitness in encouraging his overtures for a renewal of their alle- giance to the British crown. It is now, however, quite certain that such was not the case. The people of England had become sick of prosecuting a war which was loading them with an enormous debt, and of which they saw no prospect of a favorable termination. Lord North liad resigned and a new ministry had been appointed who were sincerely desirous of peace, even at the cost of acknow- ledging the independence of their revolted colonies. Sir Henry Clinton had been recalled from New York, and Sir Guy Carleton appointed to the chief command in America, with instructions which prohibited him from undertaking further offensive operations.2 On the 21st of June, before Col. Allen reached Canada, Gen. Haldimand received a dispatch from Carleton, communicating the pacific inten- tions of the new ministry, and the next day he wrote that general in answer, expressing his gratification at the unavoidable delay which had prevented his hostile movement into Vermont, and stating that he should continue to collect the troops and supplies at the Isle aux Noix, which had been intended for the expedition, where they would be in readiness, " should the laudable disposition and indica- tions for peace now existing prove ineffectual, and offensive measures be unhappily renewed." 3 The extraordinary diplomatic labors of Col. Allen at Quebec to prevent an invasion of Vermont were there- fore altogether unnecessary, the intended expedition against the northern frontiers having, in consequence of secret instructions from England, been already forbidden. Thus while Allen was endeavor- ing to delude Haldimand into the belief that Vermont was wishing an alliance with the crown, he himself was allowed to act under the
1 Williams's Vt., p. 270.
2 For Carleton's instructions, sce Sparks's Washington, vol. 8, p. 296-298, note.
3 Huldimand Papers, vol. 2, p. 253-261.
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false assumption that his state was in great danger of being ravaged by the enemy. The concentration of a body of several thousand men at the north end of Lake Champlain, near the Canada border, continued to produce alarm in the northern department during the greater part of the season. From the opponents of Vermont within the state, and in New York and New Hampshire, many letters were addressed to delegates in congress, to Gen. Washington and to others, stating their belief of an intended invasion, and not unfrequently expressing the apprehension of a contemplated coope- ration of the Vermonters with the invaders.1 This apprehension, though industriously propagated, does not appear to have been credited by intelligent persons. Gen. Washington, to whom the motives and policy of the Vermonters, in their Canada negotiations had been fully disclosed, and who was also better informed than the public in general, in regard to the objects of the enemy, does not appear to have given credence to these reports. In a letter addressed by him to Gov. Clinton, under date of Oct. 19, 1782, he says, "I do not consider the late reports of the enemy being in force at the Isle aux Noix to indicate anything farther than an attention to their own security." " All apprehensions of invasion from Canada were not long afterwards happily removed by provisional articles of peace which were signed at Paris on the last day of November, 1782.
1 For these unfriendly reports against Vermont, see Clinton Papers ; Stevens Papers, also Madison Papers, vol. 1, p. 151, 184, 214, 215.
2 Sparks's Washington, vol. 8, p. 361.
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CHAPTER XXXVI.
RESOLVES IN CONGRESS HOSTILE TO VERMONT.
1782.
Congress in regard to Vermont is influenced by other questions pending before it, particularly by the controversy about the western lands- Ac- count of the claims of Virginia and other states to those lands, and of the opposition to them in congress- New York, by the cession of her claims to the United States, acquires friends and support against Vermont - Mr. Madison on the state of parties on the Vermont question in May, 1782 - Phelps, Shattuck and Evans, refugees from Vermont, supported by Gov. Clinton, go to Philadelphia and complain against the government of that state- Hostile resolutions passed by congress against Vermont, Decem- ber 5, 1782 - Copy of the resolutions, and an explanation of their prac- tical operation.
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