USA > Vermont > The history of Vermont, from its discovery to its admission into the Union in 1791. By Hiland Hall > Part 44
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On the presentation of this document to congress, Mr. Hamilton of New York moved that it be referred to a committee, which motion was seconded by Mr. Dyer of Connecticut. " Mr. Wolcott of Con- necticut wished to know the object of the motion for commitment, upon which Mr. Hamilton said his view was to fulfil the resolutions of congress which bound them to enforce the measure," " Mr Dyer
sower of discord, and he delighted in nothing more than arousing jealousies between the poor and the rich." ... " In the month of April, 1782, he suc- ceeded in raising a mob of sufficient force to disturb the holding of the supreme court and court of common pleas at Northampton. For this offense he was indicted and convicted and imprisoned in the jail at Spring- field." He was rescued from jail by a mob and fled to Vermont, there to be dealt with as stated in the text.
1 The title page of the pamphlet publication of Gov. Chittenden's commu- nication was as follows: " A copy of a remonstrance of the council of the state of Vermont against the resolutions of congress of the 5th of Decem- ber last which interfered with their internal police. Hartford. printed by Hudson and Goodwin, 1783." A copy of the pamphlet is in the archives of the Vermont Historical Society. It is also inserted in Slade, p. 178 to 185.
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said his was, that so dishonorable a menace might be as quickly as possible renounced. He said General Washington was in favor of Vermont ; that the principal people of New England were all sup- porters of them, and that congress ought to rectify the error into which they had been led, without longer exposing themselves to reproach on this subject. It was committed without dissent."1
The remonstrance of the governor and council of Vermont, having referred to the letter of Gen. Washington of the 1st of January, 1782, he deemed it advisable for his own justification, to lay before congress, a copy of the whole correspondence between himself and Gov. Chittenden, which was accompanied by a letter from him to the president of that body, as follows :
" HEAD QUARTERS, NEWBURG, 11th Feb., 1783.
"Sir : Within these few days I have seen printed copies of 'a remonstrance of the council of the state of Vermont,' against the resolutions of the 5th of December last, addressed to your excellency, in which are several extracts from a letter of mine.
"Duty as well as inclination prompts me to lay before congress the whole of that letter, and the one to which it was an answer.
" If it should be necessary, a committee of congress, with whom I was in conference on these matters in the course of last winter, can give such further information on this subject as I doubt not will be satisfactory.
I have honor to be, &c., G. WASHINGTON." 2
The committee of congress referred to in this letter, with whom Washington had been in conference, consisted of Messrs. Carroll of Maryland, Cornell of Rhode Island, Clark of New Jersey, Jones of Virginia, and Middleton of South Carolina, to whom had been com- mitted the complaints of New Hampshire and New York against the enlarged claims of jurisdiction by Vermont.3
Under the same date with his letter to the president of congress, Gen. Washington wrote at some length to Mr. Jones, reminding him that the committee of which he was a member had approved of his answer to the letter of Gov. Chittenden "to the effect that it was given," and arguing earnestly against the use of coercive mea-
1 Madison Papers, vol. 1.
2 Washington's Ms. Letters, state department, Washington.
$ Letter Books of Washington in state department. Papers of the old Congress, state department, No. 40, vol. 2, and No. 186.
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sures against the Vermonters. After stating that he supposed the army would be expected to enforce a compliance with the resolutions, and that he was sure the Vermonters had a powerful interest in the New England states, he says, " Let me ask by whom that district of country is principally settled ? And of whom is your present army (I do not confine the question to this part of it but will extend it to the whole) composed ? The answers are evident -New England men. It has been the opinion of some, that the appearance of force would awe those people into submission. If the general assembly ratify and confirm what Mr. Chittenden and his council have done, I shall be of a very different sentiment; and, moreover, that it is not a trifling force that will subdue them, even supposing they derive no aid from the enemy in Canada ; and that it would be a very arduous task indeed, if they should, to say nothing of a diver- sion which may and doubtless would be made in their favor from New York, if the war with Great Britain should continue." Again he says, " It may be asked, if I am acquainted with the sentiments of the army on the subject of this dispute. I answer no, not inti- mately. It is a matter of too delicate a nature to agitate for the purpose of information. But I have heard many officers of rank and discernment, and have learned by indirect inquiries that others express the utmost horror at shedding blood in this dispute ; com- paring it in its consequences, though not in its principles, to the quarrel with Great Britain, who only thought she was to hold up the rod and all would be hushed. I cannot at this time undertake to say that there would be any difficulty with the army, if it were to be ordered on this service, but I should be exceedingly unhappy to see the experiment. For, besides the reasons before suggested, I believe there would be a general unwillingness to imbrue their hands in the blood of their brethren."1 This letter was doubtless written with the intent that other members of the congress besides Mr. Jones should be availed of his views on the subject, and with the hope of preventing so dire a calamity as a civil war among those who had heretofore battled together against the common enemy.
The foregoing letter of Gen. Washington to the president of con- gress, with its enclosures, was read in that body on the 17th of February, and referred to the same committee to whom had been committed the remonstrance of Gov. Chittenden. On the 4th of March the delegates from New York presented to congress a letter from Gov. Clinton, accompanied by sundry affidavits showing that
1 For this letter at length see Sparks's Washington, vol. 8, p. 382.
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the Vermonters, instead of complying with the late resolutions of that body, were wholly disregarding them, by arresting and impri- soning such of the banished persons named in those resolutions as had returned to the state, and by other acts manifesting their inten- tion to continue the independent exercise of their authority over all inhabitants within the limits of their territory. The letter of Gov. Clinton earnestly appealed to congress for speedy action on the subject. On the 14th of April, a letter from Gov. Chittenden, enclosing another to the president of congress signed by the speaker in behalf of the general assembly of Vermont, was laid before that body. It embodied the views of the legislature of the state in regard to the resolves of the previous December, and reaffirmed the principles set forth in the previous remonstrance of the governor. In denying the right of congress to meddle with the internal affairs of the state, the following language was used : "The citizens of this state have ever entertained the highest opinion of the wisdom and integrity of congress, and have manifested their confidence in that body, by a spirited exertion in the prosecution of every measure against the common enemy, at the risk of life and fortune. We still are ready to comply with every reasonable requisition of congress ; but when congress require us to abrogate our laws, and reverse the solemn decisions of our courts of justice, in favor of insurgents and disturbers of the public peace, we think ourselves justified to God and the world, when we say we cannot comply with such their requisitions." The document concluded with a request that congress would " execute on their part the intent and spirit of their resolution of the 21st of August, 1781," by which the state would become a member of the federal union.1
No report having been made on any of the papers which had been received in relation to the December resolutions, they were all on the 28th of April, referred to a new committee consisting of Mr. Carroll of Maryland, Mr. Gorham of Massachusetts, Mr. Lee of Virginia, Mr. White of New Hampshire. and Mr. Mercer of Vir- ginia. This committee having had the whole subject before them made their report the 25th of May, the substance of which was that before taking any other steps in relation to the matters mentioned in the different papers referred to them, congress ought first to determine " whether the inhabitants of that district of country commonly called Vermont " should be admitted into the union as a separate state. No action was taken on the report, and it appears to have been the
Slade, p. 185.
54
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last proceeding in congress in relation to Vermont during the year 1783.1 Whatever may have been the intentions of those who had voted for the threatening resolutions of the previous December, it had become obvious, since the decided attitude against their execution which had been taken by Vermont, and the views of Gen. Washing- ton on the subject had become known, that a majority of the members had no thought of employing the army to enforce them.2
1 Journals of Congress and Papers of Congress in State Department.
2 Papers of the old Congress, Washington State Department.
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CHAPTER XXXVIII.
END OF RESISTANCE TO THE AUTHORITY AND INDEPENDENCE OF VERMONT.
1783-1784.
Encouraged by the December resolves of congress and by letters of Gov. Clinton, Timothy Church and Timothy Phelps return from banishment to defy the authority of Vermont -They are seized and committed to Bennington jail - Are released on their promises of submission to the laws - Fresh disturbances - Charles Phelps and William Shattuck arrest- ed and sent to Bennington jail - The Yorkers subdued by military force - Phelps pardoned, and Shattuck discharged, on submission - Urgent appeal of the New York legislature to congress to decide against Ver- mont-Sharp letter of Gov. Chittenden to the president of congress on the inconsistent and unfair conduct of New York - Report of congress com- mittee May 29, 1784, against the appeal of New York and in favor of the independence of Vermont, being the last proceeding of the confederation congress in relation to the controversy -Final end of resistance to the Vermont jurisdiction.
W HILE the resolutions of December 1782 added nothing to the strength of the cause of New York in congress, they were of serious detriment to the adherents of that state residing in Ver- mont. From the language of the resolutions and the continued assurances of protection given by Gov. Clinton, the activity and violence of the opponents to the government of Vermont were increa- sed, which only served to prolong a troublesome and hopeless resis- tance, and bring upon themselves an increased severity of treatment. Soon after the passage of the resolutions the persons who had been banished the previous October, returned to their former residences, to defy the authority of the state, and continue their disturbances. Timothy Church, the New York colonel, being found in Brattleboro towards the latter end of December, was arrested and committed to the jail in Bennington. Early in February while the supreme court of Vermont was sitting at Marlborough, Timothy Phelps who held Gov. Clinton's commission as sheriff of Cumberland county, entered the court room and in a loud voice with presumptuous arrogance proclaimed his own pretended official authority, and ordered the court to disperse. He was immediately arrested by order of the court and sent to Bennington jail. Both Church and Phelps were liable by the laws of the state to be indicted and tried for returning to the state after banishment, and on conviction, to suffer death.
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Rumors that they were thus to suffer prevailed and were probably not discountenanced by the Vermont authorities, though no steps appear to have been taken in that direction. The prisoners were allowed the free use of their pens, of which they seem to have availed themselves without stint in writing letters, denouncing the sheriff, jailer and other Vermont officials ; laboring to excite popular sympathy in their favor, and vainly soliciting protection from Gov. Clinton. The government of Vermont seem to have been anxious to reclaim thiem, and others of the disaffected, by lenient measures. At the session of the general assembly in February 1783, a special act was passed in relation to Timothy Church, which recited that he had petitioned for relief " setting forth his hearty penitence and determination to behave orderly and submissive in case of pardon," and then declared him to be " pardoned and discharged from the sentence passed against him in the supreme court, on his paying all costs of suit and of his confinement in consequence thereof." Another act was passed at the same session authorizing the governor and council to grant pardons on their proper submission to the other persons who had been banished. On the 15th of May, Church after an imprisonment of nearly five months, having complied with the terms of the act in his favor was released, and Timothy Phelps on a similar compliance with the general act was discharged the 24th of June following.
But the submission of these persons was rather formal than real. Soon after his discharge, Church repaired to Poughkeepsie, and made an affidavit against the Vermonters, declaring among other things, contrary to the fact of his having taken the freeman's oath, and notwithstanding his late submission, that he " never did acknow- ledge himself to owe allegiance or subjection to the pretended state of Vermont." On his return home, Gov. Clinton, under date of the 24th of June, furnished him with a letter of advice in which he encouraged him to expect that congress would soon decide the con- troversy in favor of New York, and counselled him, in case the Vermonters should attempt to execute their laws against adherents of that state, to call out his regiment and resist their execution by force of arms. No immediate outbreak, however, took place, though the threats and hostile attitude of the Yorkers, instead of subsiding, continued to increase until they became so serious as to require the decisive action of the government. At the session of the legislature in October, an act was passed which recited that " a number of per- sons living in the southern part of the county of Windham, to the great disturbance of the publie peace, had banded together, to
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oppose sheriffs, constables and collectors in the execution of their offices, and in many instances had proceeded to outrageous abuses, which threatened the ruin of the government unless speedily reme- died, which evil to prevent," it was enacted that one hundred able bodied effective men, properly officered, should be immediately raised for the term of six months, unless sooner discharged, to be commanded by Col. Benjamin Wait, and stationed in that part of the state to aid the civil authority in the due execution of the laws. In order to induce submission without the use of force, the governor in pur- suance of a resolve of the assembly, issued a proclamation " offering a free and ample pardon for all offences committed against the state by any persons in the southern part of Windham county, who had theretofore opposed the government," upon their taking the oath of allegiance to the state before any justice of the peace, within thirty days. At the same session a retaliatory act was passed, which recit- ing that by a law of New York, persons living in Vermont were not allowed to commence suits at law in the courts of that state without taking the oath of allegiance to its jurisdiction, enacted that no inhabitant of New York should be permitted to prosecute a suit in Vermont, so long as such New York law should continue in force.
A considerable number of the former friends of New York, availed themselves of the benefit of Gov. Chittenden's proclamation, and took the oath of allegiance. This appears to have been very gene- rally the case with the people of Halifax, where there had hitherto been a strong party of Yorkers. But others continued their oppo- sition, and some of them did not confine themselves to defensive measures. About 2 o'clock in the morning of the 6th, of November, a party of armed men to the number of ten or more, headed by Francis Prouty of Brattleboro, forcibly entered the house of Luke Knowlton of Newfane, aud making him their prisoner conveyed him across the line into the state of Massachusetts ; but more than a hundred men being speedily rallied in pursuit, Knowlton was released and allowed to return home.
Efforts were now made by the Vermont authorities to arrest the leading Yorkers - those who were engaged either in making or promoting disturbances. William Shattuck, who had been banished was made prisoner on the 25th of December, by Oliver Waters a constable of Brattleboro, and taken to Bennington jail. Charles Phelps was arrested on the 4th of January, 1784, and on the 8th Francis Prouty was captured and taken to prison. Several other arrests were made. The activity of constable Waters had made him quite obnoxious to the Yorkers. He lodged at the public house of
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Mr. Arms in Brattleboro, which on the night of the 16th of Janu- ary was assaulted by some twenty or thirty men, who discharging their muskets through the doors and windows wounded one man in the leg and shot a traveler through the thigh. Having forcibly entered the house they seized Waters and conveyed him into Massa- chusetts, intending to take liim to Gov. Clinton at Poughkeepsic. He was, however, overtaken at Northampton by a party in pursuit, rescued and brought safely back to Brattleboro.
On the seizure of Waters the most vigorous measures were adopted for subduing the Yorkers. Bodies of militia numbering several hundreds joined the small state force under Col. Wait at Brattleboro; the strongholds of the Yorkers were visited and some of the insurgents taken prisoners, while others fled across the state line into Massachusetts, whither they were not pursued. In a few. days, all open defiance of the Vermont authority ceased and the militia were discharged, only a few state troops being left in Guil- ford to secure the continuance of quiet. A term of the supreme court was held at Westminster early in February for the trial of the prisoners, on most of whom small fines were imposed ; some were released without trial, while a few received more severe punishment. Francis Prouty was sentenced to pay a fine of forty pounds and costs and be " imprisoned in close confinement for forty days;" and until the fine and costs were paid. Charles Phelps the most active and un- tiring opponent of the Vermont jurisdiction, was by the judg- ment of the court " attainted of treason; was sentenced to sixty days imprisonment and all his estate real and personal was forfeited to the use of the state." While the militia had been engaged in subduing the Yorkers in January the only blood which had been shed was that of Silvanus Fisk, a sergeant of the militia, who had been so severely wounded by a musket ball discharged by the insur- gents at Guilford, as eventually to cause his death. After the dis- missal of the militia, the party of state troops at Guilford, apprehensive of a night attack from the fugitives in Massachusetts, kept sentinels posted on the avenues to that town near the state line. On the night of the 5th of March two men were dimly seen approaching from the south, who being hailed by the sentinel turned and fled. Upon which they were fired upon and one of them, David Spicer, was mortally wounded. He was a citizen of Massachusetts, but his companion was one of the leading Yorkers of Guilford, going to the residence of his family. The two men were not the advance of an invading party as had been feared.
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Information of this occurrence was immediately dispatched by the officer in command of the state troops to Gov. Chittenden at Bennington, where the legislature was holding an adjourned ses- sion. Gen. Samuel Fletcher, who was a member of the state council, and commanded the brigade of militia of Windham county, was directed by the assembly to repair to the scene of the disturbances, and was vested with discretionary powers to adopt such measures as he should deem advisable for the restoration of peace and quiet. Under his direction all the state troops were, during the month of March, gradually withdrawn and dismissed, and no further out- breaks took place.
During the session of the legislature, which commenced the 19th of February and continued until the 9th of March, a new "act against high treason and misprision of treason" was passed, by which any resident of the state for levying war against the state, or aiding or assisting any enemy at open war against the state, was, on conviction, to suffer death ; and his estate was to be confiscated to the use of the state; and any citizen who should endeavor to join the enemies of the state, or knowingly conceal such attempt of others, was made liable to fine and imprisonment in the discretion of the court-such imprisonment not to exceed ten years. By another act, discretionary power was conferred on the governor and council, to grant pardons on such terms as they should deem expe- dient, during the recess of the legislature, to any persons in the county of Windham, who had opposed the authority of the state, and who should appear " penitent and desirous of returning to their duty." At this session, Charles Phelps, who was confined in the jail at Bennington, under his recent sentence, petitioned the legis- lature to be released from prison, promising thereafter to submit peaceably to the jurisdiction and laws of the state. The legislature thereupon promptly passed an act declaring that he "be immediately discharged from his imprisonment, and that no part of his estate, which had been seized and confiscated by order of the supreme court, should be sold or disposed of, until further order of the assembly." On the 27th day of February. the day of the passage of the act, as appears by the journal of the council, "the said Charles Phelps, being admitted to a personal appearance before the council, did voluntarily take the oath of allegiance and fidelity to the state of Vermont." A petition of William Shattuck, who was also in Bennington jail, was less favorably received, and he continued in prison until sometime in April, when, on his compliance with certain terms, he was released by the governor and council. Thus,
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for the present at least, if not finally, the independent jurisdiction of the state appeared to be vindicated. 1
Up to the time of the adjournment of the assembly in March, 1784, no proceedings had taken place in congress in relation to Vermont, since the making of the report of the committee of the 26th of May, 1783, of which an account was given at the close of the preceding chapter. The legislature of New York appears also to have been for some time quite passive. But now, carly in this year (1784), the appeals of the friends of New York residing in Vermont, for relief against the vigorous measures of the government of that state, were so urgent as to require an earnest effort by the New York legislature in their favor. The sufferers had been encouraged by the New York government to continue their resistance to Vermont, and now in their deep distress, had strong claims upon it for assist- ance. The idea of employing the state militia for their protection does not appear to have been entertained, and the only resort of the legislature was a new appeal to congress.
On the 2d of February, Mr. Duane, the old foe of the Vermonters, as chairman of a committee of the senate which had been appointed to prepare instructions to their delegates in congress " respecting the rights of the state to the district of country commonly called the New Hampshire Grants," made an elaborate report which among other things declares "that the leaders of the district in question have actually raised troops and now employ them to reduce other inhabitants, resident in said district, and acknowledging themselves citizens of this state to submit to their assumed government ;" that the state of New York "is in the disagreeable situation of having hostilities commenced against her citizens, but that if she must recur to force for the preservation of her lawful authority, the impartial world will pronounce that none of the bloodshed, disorder or dissen- tion, which may ensue, can be imputable to this legislature," and further that the delegates inform congress, that " the legislature con- ceive themselves to be urgently pressed by the great duty of self- preservation to prepare for the worst," and that if congress for the space of two months after nine states should be represented there, should not pronounce their decision of the controversy, their neglect
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