<> ^ > fC? ^ N^ ^"'^^^r^P'.^^^. )5> -^^^ >r ' ^ N^ rO^ X » ^ -fc •0 V^ <^ ^^^^- ^^ V^...^;. ^ % .^^ <.''.. .s'. aO^ _,, ^ J^ ■^ 9?, "';':^^ <^^ 9x "/::;s^ xv* 95, N Y <. O , O- •-S N^^ ^^ --:% X<^ /^'•:^:^'V:\.^' ^^^ .%# -^ ^ cS >. 3^ ^ .^t' ^ '^. ■^r> ^ ^ -< ------ •»- ^ J¥ PREFACE. When", six years ago, I began to make researches for the purpose of ascertaining at what time the first settlements were made in Vermont, on the banks of the Connecticut river, by the whites, it was my intention, if I put pen to paper, to write but a small book, and to treat only of the southeastern portions of the state. As I continued my investigations, I became convinced that it would be very difficult to carry out this plan in an intelligible manner, with- out introducing into my contemplated work much that would appear too general for its narrow Umits. At the same time, I dis- covered that the disputes in which Kew York, New Hampshire, and Vermont were so long engaged respectmg the jurisdiction of the latter state, exerted an influence at the time, which told on the progress and development of every town and village and hamlet in Vermont. I then sought for some publication contaming a clear and full statement of these disputes. My search was unrewarded. I found that the Natui-al and Civil History of Vermont, by the learned Dr. Samuel Williams, was more particularly devoted to the discussion of questions of a scientific nature, and to a general account of the condition of the northern frontier of the United States, than to a specific description of the settlement and growth of Ver- mont. I found that the Natural and Political History of the State of Vermont, prepared by Col. Ira Allen, while in London, and printed at a London press, abounded in inaccuracies, and was only minute in the narration of affairs with which the author had been connected. I found that the Descriptive Sketch of the Present State of Vermont, by Dr. John Andrew Graham, was little else than a collection of unreliable, gossiping, entertaining letters, written more for self-gratification than to subserve any worthy or permanent interest. In the carefully collated History of Vermont, Natural, Civil, and Statistical, by the late Prof Zadock Thompson, I found the evidences of thorough research and patient investiga- VI PREFACE. tion, and much information illustrative of the natural resources of Vermont. Failing in these efforts to find a clear statement of the subject on which I desired light, I judged it necessaiy to extend my o"v\Ti examination to sources hitherto undeveloped, and to accom- pany -whatever I might ■write with an outline sketch of the jurisdic- tional controversy already referred to, that so the reader might not be ignorant of the causes which led to the internal commotions with which Vermont was for many years afiiicted. Becoming con- vinced that the connection between the early history of the towns in the southeastern part of Vermont, was much closer than I had anti- cipated, I determined to enlarge my work so as to include in it the annals of the old counties of Cumberland and Gloucester. Having reached this stage in my proceedings, I was led to fix the western limit of my historical bailiwick at the Green Mountams, the natural division of Vermont. In the pages that follow, I think I have rescued from oblivion many facts which the lover of American history will rejoice to know. The Avork, it is true, is local, but in it are described the character and deeds of a people who were pioneers in the march of civilization, patriots in the day of danger, useful citizens in the time of peace. In the preparation of this volume, I have collected a mass of unedited materials, from which the task would be com- paratively easy, to constri;ct a history of the whole state. Such a history should contain, not only a narrative of all the warlike events which have occurred within the limits of Vermont, but a full account, also, of the controversy for jurisdiction, which began in 1749 and closed in 1791 ; of the skilfully designed but unsuccess- ful diplrimatic efforts of the British government in Canada, for more than two years previous to the peace of 1783, to reduce Vermont to the condition of a Crown dependency; of the struggles of Vermont for her own separate independence ; and of the manner in which, un- aided by Congress, she maintained her name, her rank, and her honor unsullied, until admitted into the Union as a sovereign state. Should an interest be hereafter awakened in the minds of the citi- zens of Vermont, to know more of the thoughts and acts of their virtuous, manly, and independent ancestry — an ancestry Avhich I am proud to claim as my own — I shall not deny myself the pleasure of aiding in increasing that knowledge. By far the largest part of this volume has been prepared from papers which have never before been consulted for their historic value. In the offices of the Secretaries of the states of Vermont, New York, New Hampshire, Massachusetts, and Connecticut, thorough and critical examinations have been made of the docu- ments and i~>apers Avhich are there preserved. The twenty-three PREFACE. Til large volumes, called the " George Clinton Papers," which have been lately added to the New York State Library, at Albany, have been diligently consulted, and from them has been drawn much information that has never until now been made public. The letters and memoranda contained in these well arranged and carefully indexed volumes are invaluable to the historian, not only of New York but of Vermont also. To the Hon. William C. Bradley, of Westminster, a statesman, a lawyer, and a man of letters, whose learning and ability have for a half century been the boast of his native state, I would make my grateful acknowledgments for the many personal recollections and family papers he has placed at my service, without which, indeed, this work would have been incomplete in many particulars. From the Hon. James H. Phelps, of West Townshend, I have received much aid and encouragement, and many MSS. of importance re- lating to the part which his ancestors bore in the intestine strug- gles that so long disturbed the peace of the state. For these manifestations of his kindness, and for the active interest he has ever evinced in the success of my labors, I own my obligation. I would also express my appreciation of the value of the assistance I have received from the Hon. Ferrand F. Merrill, of Montpelier, the Hon. William M. Pingry, of Bethel, and other citizens of Ver- mont, whose services I may not have elsewhere acknowledged. To the skilful pencil of Larkin G. Mead Jr., Esq., of Brattle- borough, I am indebted for the drawings from which have been engraved several of the illustrations which adorn the work. I cannot but indulge a hope that not only those who still remain among the hills and valleys of their native state, but those also who have wandered from the old roof-tree to find a home in the different sections of the Union, may receive some gratification from the perusal of the history of their ancestors. Troy, IT. T., July 30th, 1S57. CONTENTS. CHAPTER I. p^„ First Settlements, 1 CHAPTER n. Conflicts with the Indians, .... ... 25 CHAPTER in. Frontier Life, 53 CHAPTER IV. The French War. Town Settlements, .... 81 CHAPTER V. First Settlements, 104 CHAPTER VT. Organization of Cumberland County, 128 CHAPTER VII. Progress of Organization, 159 CHAPTER VIII. Legislation of the New York Colonial Assembly. Evi- dences of a Revolutionary Spirit, . . . . 187 CHAPTER IX. The " Westminster Massacre," 209 X CONTENTS. CHAPTER X. The Fii'st Tears of the Revolution, CHAPTER XI. The Formation of the State of Vermont, . CHAPTER XII. Opposition to the Government of Vermont, CHAPTER XIII. Conflict of Jurisdictions, CHAPTER XIV. Continuation of the Dispute. The Burning of Royalton, . CHAPTER XV. Enemies Within and Without, ...... CHAPTER XVI. The Civil Sustained by the Military Arm, .... CHAPTER XVII. Attempts to Obtain the Interference of Congress, CHAPTER XVIII. The Disordered Condition of the South-Eastern Portion of Vermont, CHAPTER XIX. The End of Resistance, CHAPTER XX. The Admission of Vermont into the Union, CHAPTER XXI. Early Laws of Vermont. Indian Inscriptions, PAGTE 242 281 308 332 367 400 42: 456 485 514 541 566 BIOGRAPHICAL CHAPTER. Stephen Row Br.u)ley, 593 Paul Brigham, 602 Crean Brush, 603 TnoJiAS Chandler, 633 John Chandler, 638 Thomas Chandler Jr. 63S CONTENTS. XI PAGE Blkanah Day, 640 Samuel Fletcher, 640 Samuel Gale, 643" John Grout, 650 Lot Hall, 658 Thomas Johnson, 666 Joseph KELLoea, 669 Samuel Knight 613 Luke Knowlton, 675 Joseph Lord, 617 William Pateeson, 678 Charles Phelps, 679 Solomon Phelps, 691 Charles Phelps Jr. 692 Timothy Phelps, 693 Noah Sarin, 694 Noah Sarin Jr. 697 Paul Spooner, 698 Jonathan Stearns, 699 Micah Townsend, 700 Amos Tute, 706 KoYALL Tyler, " . . . . 708 Samuel "Wells, 718 Daniel Whtpplb, 725 JOSIAH WiLLARD, 726 Josiah Willard Jr., 727 William Willla.ms, 728 Azarlah Weight, 730 APPENDIX A. The Equivalent Lands, . ^35 APPENDIX B. Renewal of the Treaty, 736 APPENDIX C. Township Number One, 738 APPENDIX D. Proprietors of Westminster, 739 APPENDIX E. The Fight at John Kilburn's Fort, "739 APPENDIX F. Proprietors of "Westminster, 742 APPENDIX G. Division of Cumberland County into Districts, . . . 743 Xll CONTENTS. APPENDIX H. ~ Census of January 16th, 1V71, 745 APPENDIX I. The " Westminster Massacre," 746 APPENDIX J. Opinions respecting a Separation from New York, . . 755 APPENDIX K. The Recompense in Lands, 757 APPENDIX L. Division of the $30,000, 761 LIST OF THE CIVIL AND MILITARY OFFICERS OF CUMBERLAND AND GLOUCESTER COUN- TIES, 762 ILLUSTRATIONS. • PAQB Sartwell's Fort, . ' 26 Commemorative Stones, 65 The Grave of Mrs. Jemima Tcte, .... •76 The Grave op Caleb How, . 17 CouRT-HousE at Westminster, 185 The Westminster Meeting-House, .... 211 The Grave of William French, 214 Fac Simile op the Signature of Thomas Chandler, . 211,633 11 11 11 u William Paterson, . 218, 678 John Norton's Tavern, 221 Fac SmiLE op the Signature op Thomas Chandler Jr., . 235, 638 U 11 II II Henry Evans, 487 II 11 11 II William Shattuck, 487 II 11 11 11 Timothy Chur(jh, . 488 Indian Sculptures, 58^ Indian Sculpture, . 587 Locality of the Sculptures, 588 "Indian Rock," 590 Stephen Row Bradley, 693 Fac Simile of the Signature of 11 11 11 11 Stephen Row Bradley, Paul Brigham, 593 602 Crean Brush, 603 Fac Simile of the Signature of Crean Brush, 603 II 11 II 11 Charles Phelps, . 679 (1 II II u Timothy Phelps, . 693 (I II 11 11 Noah Sarin, . 694 11 11 II 11 Noah Sarin Jr., . 697 11 II II II Paul Spooner, 698 11 11 II II Micah Townsend, . 700 Rotall Tyler, 708 Fac Simile of the Signature op RoYALL Tyler, 708 II II II 11 Samuel Wells, 718 11 11 11 11 William Williams, 728 « II « 11 Azariah Wright, . 730 CHAPTEE I. FIKST SETTLEMENTS. Early Divisions of Eastern Vermont— Cumberland County — Gloucester County — Champlain's Voyage — Squaklieag or Northfield — Philip's Wars — Indian In- cursions — King William's War — Burning of Deerfield — The March to Canada — Attempts of the English to reduce Canada — Port Royal captured — Treaty of Utrecht — Equivalent Lands — Great Meadow — Order to build a Block House above Northfield — Timothy Dwight — Fort Dimiraer — Its Defences — Indian Soldiei-s — Chaplain — Joseph Kellogg — Scouting Parties — Skirmishes — Peltry Trade at Fort Dummer — Journal of James Coss — Rev. Ebenezer Hinsdell — " Scaticook" and Caughna-waga Indians — Treaty at Fort Dummer. Vermont is divided into fourteen comities. Of these Windsor and Windham, situated in the south-eastern part of the state, comprehend nearly the same territory that under the govern- ment of New York was known, during a part of the last cen- tury, by the name of Cumberland county. This county was the first established in Vermont, then called the New Hamp- shire Grants, and probably received its name from Prince William the Duke of Cumberland, who in 17^6 met with dis- tinguished success in opposing the rebels in Scotland. Its boimdaries, as declared in the act of establishment passed by the Legislature of the province of New York, on the 3d of July, 1766, were described as " beginning at the west bank of Connecticut river, opposite to where the division line between the province of the Massachusetts Bay comes to the aforesaid river ; thence running on a direct line, about twenty-six miles, to the south-east corner of the township of Stamford ; from thence, on a direct line, about sixty miles, to the north-east corner of the township of Rutland ; thence north, thirty-one degrees east, eighteen miles ; thence easterly, to the north-west corner of the township of Linfield ;* thence easterly, along the north side of * Now the township of Royalton. 1 2 mSTOKT OF EASTEKN VERMONT. [1T66-1781. the townships of Linfield, Sharon, and Norwich, to Connecticut river aforesaid ; thence, along the west bank of the said river, to the place of beginning." When the subject was brought before the Lords of the Privy Council, in order that the " rojal approbation or disallowance" might be signified, the King, on the 26th of June, 1767, de- clared the act of the Kew York Legislature by which the county of Cumberland was established, void, and the Governor of the province of New York was ordered to act in accordance with this decision. Numerous applications were now made to the Ci'own for a new charter, and the inconveniences to which the inhabitants of the disfranchised county were subjected, through the want of a due administration of justice, were plainly set forth. In consequence of these representations, the King, on the 19th of March, 1768, re-established the county of Cumber- land, by Letters Patent under the Great Seal of the Province of New York, within the following limits : — ■ " Beginning at a point on the west bank of Connecticut river, opposite to where the line run for the partition line between our said provinces of the Massachusetts Bay and New Hampshire, touches the east side of the same river, and running thence west, ten degrees north on a direct line about twenty-six miles to the south-east corner of a tract of land called Stamford ; thence north, about thirteen degrees east on a direct line fifty-six miles to the south-east corner of the township of Socialborough in the county of Albany, in the south bounds of a tract of land formerly called Rutland ; thence north, about fifty-three degrees east on a direct line thirty miles to the south-west corner of the township of Tunbridge ; thence along the south bounds thereof and of Stratford and Thetford about eighteen miles to Con- necticut river aforesaid, and thence along the west banks of the same river to the place of beginning." By an act of the Legislature of New York, passed March Sttth, 1772, the boundaries were again changed, as will appear from a description of the limits then constituted. " Beginning on the west bank of Connecticut river opposite the point where the partition line between the colonies of the Massachusetts Bay and New Hampshire, touches the east side of the river, and extending from thence north eighty degrees west until such line shall meet with and be intersected by another line proceeding on a course south ten degrees west from the north-west corner of a tract of land granted imder the Great Seal of this colony, on 1766-1781.] EAELT DIVISIONS OF THE STATE. 3 the 4th day of September, ITTO, to James Abeel, and nine other persons, and extending from the said point of intersection, north ten degrees east nntil such line shall meet with and be in- tersected by another line to be drawn on a course north sixty decrees west from the south-west comer of a tract of land granted under the Great Seal of this colony, on the 13th day of November, a.d. 1769, and erected into a township by the name of Royalton, and running from the last-mentioned point of intersection south sixty degrees east to the west bank of Connecticut river, and so down along the west bank of the river, as the same river winds and turns to the place of begin- ning." On the 1st of April, 1775, other alterations were made, and the western portion of the county was so extended as to be bounded by a " line, beginning in the north boundary line of the province of Massachusetts Bay, at the south-west corner of the township of Readesborough, and running thence along part of the westerly bounds thereof, to a certain tract of land, granted to George Brewerton, Junior, and others, and erected into a township by the name of Leinster; thence along the southerly and westerly bounds of the said tract of land, to the north-west corner of the same ; thence on a direct course to the south-easterly corner of the township of Priiicetown ; thence along the easterly bounds of the same tract, as it runs to the north-easterly corner thereof ; and thence on a direct course to the southerly corner bounds of the township of Hulton, where it meets with and is intersected by the west boundary line of the county of Cumberland, as established" by former acts. By this change, the townships of Readesborough, and what are now Searsborough, Somerset, and Stratton, were added to Cumberland county. At the first session of the General Assembly of Vermont in 1778, the state was, on the 17th of March, divided into two counties. The territory lying on the west side of the Green Mountains was called Bennington county, and that on the east side, Unity county. Tlie latter name was on the 21st of the same month changed, and that of Cumberland was substituted. By an act of the Legislature, passed February 11th, 1779, the division line between these two counties was fixed. Com- mencing at a point in the south line of the province of Quebec, fifty miles east of the centre of the deepest channel of Lake Champlain, it extended south to the north-east corner of the 4 HISTORY OF EASTERN VERMONT. [1Y66-17S1. town of Worcester, and along the east lines of "Worcester, Middlesex, and Berlin, to the south-east corner of the latter town; thence on a sti'aight line to the north-west corner of Tiinbridge, and on the west line of Tunbridge to the south- west corner of that town ; thence in a straight line to the north- west comer of Barnard ;* thence on the west line of Barnard and Bridgewater and the east line of Shrewsbury to the south- east corner thereof ; thence west to the north-east corner of Wal- lingford ; thence south on the east lines of AVallingford, Har- wich,! Bromley,:}: Winhall, and Stratton, to the south-east corner of the latter, and west on the south line of Stratton to the north-west corner of Somerset ; thence south on the west line of Somerset to the south-west corner thereof; thence east to the north-west corner of Draper ;§ thence south on the west lines of Draper and Cumberland I| to the north line of Massa- chusetts. Cumberland county was bounded on the south by the north line of Massachusetts, on the east by Connecticut river, and on the north by the south line of the province of Quebec. In the laws of Yermont, passed October, 1780, the county of Cumberland, as just described, was referred to as being divided into the half-shires of Cumberland and Gloucester, the division line between them being nearly identical with the northern boundary of what is now Windsor county. By an act of the General Assembly of Yermont, passed in February, 1781, " for the division of counties within this state," the county of Cum- berland, as established in 1778 and 1779, was subdivided into the counties of Windham, Windsor, and Orange, Connecticut river being the eastern boundary, and the division line on the west from Quebec to Massachusetts, remaining as fixed in February, 1779, all the land south of a Hue " begimiing at the south- east corner of Springfield, thence running westerly on the south line of said Springfield and Chester to the east line of Bennington county," was erected into the county of Windham. The land included between the north line of Windham coun- ty, and the north Hues of the towns of JSTorwich, Sharon, Royalton, and Bethel, was called Windsor county. Orange county comprehended all north of this to the Quebec Ihie. Yarious changes have since been made in the hmits of Wind- * In the printed act Bradford. Barnard was undoubtedly intended. ■j- Now Mount Tabor. if. Now Peru. § Now Wilmington. J Now Whitingham. ITGC-IYSI.] EARLY DIVISIONS OF THE STATE. 5 ham and Windsor counties, by the addition of towns, and from other causes which it will be of but little benefit to record here. After the second establishment of Cumberland county by New York in 1768, immigration to the " Grants" increased, and the north-eastern part of that territory became the abode of a mixed and heterogeneous population. The more peaceable and intelligent portion of the inhabitants, being desirous of a county organization, presented their request to the Council of New York, and on the 16tli of March, 1770, an ordinance was passed, establishing as a separate county, by the name of Gloucester, " all that certain tract or district of land, situate, lying, and being to the northward of the county of Cumberland, begin- ning at the north-west corner of the said county of Cumber- laud, and thence running north as the needle points fifty miles ; thence east to Connecticut river ; thence along the west banlv of the same river, as it runs, to the north-east corner of the said county of Cumberland on the said river, and thence along the north bounds of the said county of Cumberland to the place of beginning." On the 21:th of March, 1772, by an act " for the better ascer- taining the boundaries of the counties of Cumberland and Gloucester," these limits were changed, and thenceforth Glou- cester county was bounded " on the south by the north bounds of the county of Cumberland ; on the east by the east bounds of this colony ; on the north by the north bounds thereof ; on the west, and north-west, partly by a Hne to be drawn from the north-west corner of the said county of Cumberland, on a course north ten degrees east, until such line shall meet with and be intersected by another line proceeding on an east course from the south bank of the mouth of Otter creek, and partly by another line to be drawn and continued from the said last men- tioned point of intersection, on a course north fifty degrees east, until it meets with and terminates at the said north bounds of the colony." After the establishment of Yermont as a " separate and inde- pendent" jurisdiction, the counties of Cumberland and Glou- cester, by an act of the Legislature, passed March 17th, 1778, were merged under the name of the county of Unity, which name was changed to Cumberland on the 21st. This large county, comprismg the whole of Eastern Yermont, was subdi- vided in February, 1781, and Windham and AYindsor counties 6 HISTOET OF EASTERN YEKMONT. [1609. were established -vritli limits nearly identical with those by which they are now bounded. At the same time, the re- mainder of the territory east of the mountains, and extending to the Canada line, was formed into a county by the name of Orange. From Orange county, Essex and Caledonia coun- ties and a portion of Orleans county were taken on the 5 th of November, 1792. At a later period other encroachments were made by the formation of Washington county ; and thus, by gra- dual curtailment, Orange has been reduced to its present limits. It will be seen by the boundaries which have been recited, that much doubt prevailed as to the true western line of Cum- berland and Gloucester counties. Certainty on this point is of but little consequence, except geographically, as the events which form the History of Eastern Yekmont were mostly confined to the towns lying east of those composing the most western tier.* Tlie territory now comprising the state of Vermont, although noticed by Champlain in his voyage in 1609, when he dis- covered the lake that bears his name, was probably never visited by him. In the account which he gave of the explora- tion of Lake Champlain, passing reference is made to the Green Mountains and to the plains which Lie at their foot. " Con- tinuing our route along the west side of the lake, contemplating the country, I saw," said he, " on the east side very high moun- tains capped with snow. I asked the Indians if those parts were inhabited. They answered me, yes, and that they [the inhabitants] were L-oquois, and that there were in those parts beautiful valHes, and fields fertile in corn as good as I had ever eaten in the country, with an infinitude of other fruits, and that the lake extended close to the mountains, which were, according to my judgment, fifteen leagues from us. I saw others to the south not less high than the former ; only that they were with- out snow." This is undoubtedly the first information on record in regard to the scenery, condition, and inhabitants of Yermont, and like the accounts which were generally given by the Lidians to the early travellers in the New World, contains, in some * Book of Council Minutes, 1751-1768, xxvi. 442: also, 1764-1772, xxix. 250. Act of 12th George III, in Laws of New York, 1691-1773, Van Schaack's ed., pp. 698-700. Act of 15th George III., in New York Colony Laws, 1774, 1775, pp. 127, 128. Acts and Laws of General Assembly of Vermont, February 11, 1779, p. 7. Also, those of February, 1781, p. 1. Brattleboro' Eagle, June 10, 1850, and September 27, 1849. Slade's Vermont State Papers, pp. 294, 295. 1672-1675,] Philip's wae. 7 particulars at least, the usual amount of exaggeration and fancy.* Owing to the comparatively small immigration, and the diffi- culties incident to a new and dangerous mode of life, settlements did not extend very rapidly ; and it was not until more than sixty years had passed, that any settlement was made within the territory which Champlain described, either from the lake side or from the banks of Connecticut river. In the year 1672, a township was granted to John Pyncheon, Mr. Pearson, and others, at Squakheag, afterwards Northfield, on Connecti- cut river, and in 1673, a few people removed there from North- ampton, Iladley, and Hatfield. The township was laid out on both sides of the river, and inclosed an area of six miles by twelve, extending several miles into the present states of Ver- mont and ]!!^ew Hampshire, and including a valuable tract of interval land. The northern boundary of Massachusetts being undetermined at that time, the whole of this town was supposed to be within that province. f For several years preceding the settlement of Northfield, the Massachusetts Indians had carried on a war with the Mohawk tribe who dwelt on the banks of the river of that name in the province of ISTew York. As the English extended their boun- daries, the enmity of the Indians towards one another seemed partially to abate, and centre upon those whom they regarded as their natural foes. The war of Philip, which raged most fiercely during the latter part; of 1675, was characterized by the savage- ness and determination with which the red man hunted the white, and the white man, in turn, attacked the red. To detail the events of this period, would be foreign to the purpose of this work, as it would involve the recital of acts but httle connected with the history of the territory afterwards known as Yermont. It may not, however, be out of place to refer to some of the in- cidents which occurred within the limits of Northfield. Philip, having made an attack upon Swanzey, on the 24:th of June, * Doc. Hist. N. Y., iii. 6. f " A deed to William Clark and John King, of Northampton, agents for the pro- prietors of Norfchfield, covering A«s^ant, was made August 13th, 1687, by Naw- elet, Goiigegua, Aspiambelet, Addarawanset, and Meganichcha, Indians of the place, in consideration of 'two hundred fathoms of wampum, and fifty-seven pounds in trading goods.' It was signed with the marks of the grantors, and wit- nessed by Jonathan Hunt, Preserved Clap, William Clark, Jr., Peter Jethro, Jo- seph Atherton, and Israel Chauncey." Northfield Town Book in Hoyt's Indian Wars, pp. 77, 78 8 HISTOKT OF EASTERN VEEMOXT. [1675. 1675, deserted Mount Hope, liis favorite retreat, and was imme- diately pm'sued by Capt. Benjamin Cliurch, and others, con- spicuous as leaders at that time. With the removal of Philip, the scene of the war was changed from the neighborhood of Plymouth ; and Lancaster, Marlborough, and Brookfield, towns in the more inland parts of Massachusetts, soon began to suffer from the incursions of the Indians. After they had burned Brookfield, a large military force was stationed at that place, under the command of Major Simon Willard, and the country adjacent being thoroughly scoured by detached parties, the Indians fled westward and joined their allies at Deerfield. Small garrisons were now posted at Northampton, Ilatfield, Deerfield, and Northfield ; and Hadley was made " the English head-quarters for this part of the country." But no vigilance could ward off the invasions of the Indians. Deerfield, slightly guarded, was attacked on the 1st of September, 1675, and before assistance could be brought, one man had been killed and seve- ral houses burned. Shortly after, nine or ten persons were killed in the woods at Northfield, and a garrisoned house saved the lives of a larger number, who otherwise would have been exposed to a similar fate. For some time after, these two towns were wholly deserted by the English, and served as rendezvous for the Indians. Depredations were now constantly recurring, and scarcely a day passed that did not record some story of pil- lage or slaughter. An expedition for the purjDose of driving the Indians from Northfield was at length decided upon, and the Connecticut and Massachusetts commanders having joined their forces, proceeded up Connecticut river in two columns, one on either bank. Tliey destroyed quantities of fish and other articles which the Indians had collected and concealed ; saw the places where the Indians had tortured and bm-ned their caj^tives, and the very stakes to which these captives had been tied. Of the living enemy, they made no discovery, but the effective measures taken, proved of great security to the towns on Con- necticut river. With the death of Philip, departed the power which had given life and direction to the enmity of many of the Indians. Some of the settlers who had been driven from their homes on the Connecticut, now returned ; but the Indians in the north- western parts of Massachusetts, who had not depended upon Philip as a leader, still continued their depredations. Some of these tribes having attacked Ilatfield on the 19th of September, 1677-1698,] SKIRMISH with the Indians. 9 1677, were pursued by the English. Kesting one night at Northfield, they continued their retreat northward, and at a place in the neighborhood of the present town of Rockingham, Vermont, built a cabin, where, secure from the scouting parties of the whites, they remained for some time. From the year 1689, when the French papists began to spread their doctrines among the Indians in Canada, until the year 1763, the border settlements on the Connecticut and Mer- rimack rivers were constantly exposed to the ravages of the French and Canada Indians, and the territory of Yermont would have become the seat of war, had there been attractions enough within her borders to excite the feeling of lust, or wealth sufficient to arouse the desire of plunder. Poor as they were, her early settlers patiently bore their share of suffering and violence ; manfully sustained the attacks of the enemy, and cheerfully contributed their quota of men and arms for defence. The peace of Ryswick, signed in September, 1697, and pro- claimed at Boston on the 10th of December following, closed the war between England and France, but it did not put a stop to incursions against the English colonies. Among the incidents which occurred at this period, the following, related by Hoyt, may be mentioned. One evening in the month of July, 1698, a short time before sunset, " a small party of Indians killed a man and boy in Hatfield meadow, on Connecticut river, and captured two lads, Samuel Dickinson, and one Charley, put them on board of canoes, and proceeded up the river. The intelligence being received at Deerfield, thirteen miles above, twelve men were detached from that place, to intercept the Indians." Advancing about twenty miles, they chose a favorable spot on the right bank of the river, within the present town of Yer- non. Here they lay till morning, " when they discovered the Indians coming up near the opposite bank with the captured lads, in two canoes. Carefully marking their objects, the whole party gave the Indians an unexpected fire, by which one was wounded. The others, with one of the lads, leaped from the canoes, and gained the shore. They then attempted to kill the lads, but receiving another well directed fire, they fell back, on which the lad on shore joined his companion in the canoe, and both escaped across the river to their deliverers. Five or six of the party then embarked with the design of seizing the other canoe, which at this time had lodged on an island a little 10 HISTORY OF EASTERN YEEMOXT. [1702-1704:. below. Two Indians who lay secreted not far distant, fired and killed Nathaniel Pomroy, one of the party. Tlie Indians then retired into the woods, and the English returned to Deer- field."* On the death of William III. of England in 1702, and the accession of Anne to the throne, war was again declared between France and England, and as a natural consequence, between the French and English colonies in America. North- field, at the commencement of King "William's war, had been protected by small works, and occupied by a few settlers. The people having been compelled to abandon it, the houses and forts were destroyed by the Indians, and the place was not re- occupied at the beginning of Queen Anne's war. Intelligence was received in the summer of 1703, that an attack was to be made on the frontier towns, and the truth of the report was soon after fully realized. In the winter of 1701, Major Hertel de Eouville, aided by his two brothers, and a force of two hun- dred French, and one hundred and forty-two Indians, set out from Canada for the purpose of attacking Deerfield, then one of the most flourishing, and with the exception of Northfield, the most nortliern town in Massachusetts. Proceeding up Lake Cham- plain to the mouth of Winooski river, and following up that stream, they crossed over to Connecticut river, down which they passed on the ice, and reached Deerfield on the evening of the 29th of February. At midnight the attack was made, and by sunrise they had killed forty-seven of the inhabitants, taken one hundi'ed and twelve captive, and burned every build- ing in the town, with the exception of the meeting-house, and one dwelling. Tlie story of the capture of the Reverend John Williams, the minister of this town, and his family, has long been familiar to every American schoolboy, and its fame has now become world-wide as connected with the late attempt to identify the Reverend Eleazer WiUiams, the reputed great- great-grandson of tlie Reverend John Williams, and Louis XYII. the dauphin of France, whose fate has been so long shrouded in obscurity. During their march to Canada, the captives suffered the most cruel privations. They rested at the close of their first day's journey, at what is now the town of Greenfield, the Indians having first taken every precaution available to prevent * Hoyt's Indian "Wars, p. 161. 1704.] THE MARCH TO CANADA. 11 their escape. The second night was spent within the limits of the present town of Bernardston. The fourth day brought them to a spot probably in the upper part of what is now the toM'n of Brattleborough, where light sledges were constructed for the conveyance of the children, the sick and wounded. The march, being now performed on the ice, became more rapid. On the first Sunday of their captivity, the prisoners were allowed to rest. Their halting-place is said to have been at the mouth of Williams's river in the present town of Rockingham, where the Reverend John Williams delivered a discom'se from these words : " Tlie Lord is righteous ; for I have rebelled against his commandments : hear, I pray you, all people, and behold my sorrow ; my virgins and my young men are gone into cap- tivity."* From this circumstance the river received its name. At the mouth of White river, Rouville divided his company into several parties, and thence they took diiferent routes to the St. Lawrence. That party which Mr. Williams accompanied ascended White river, and passing the highlands struck the Winooski or Onion, then called French river. Journeying down that stream to Lake Champlain, they continued their march on the lake to Missisco bay. Thence they proceeded to the river Sorel where they built canoes, and passing down to Chambly, continued on to the village of Sorel, where some of the party remained, but Mr. Williams was conveyed thence down the St. Lawrence to the Indian village of St. Fran5ois, and was 'subsequently sent to Quebec. Another party ascended Connecticut river, and halting some time at Coos meadows, their provisions being exhausted, barely escaped starvation by procuring wild game ; two of the party actually died of hunger. The majority of the captives were soon aftei'wards redeemed, and were allowed to return to their friends. One of them, however, Eunice the daughter of the Rev. John Williams, became so much attached to Indian hfe, that she married an Indian, and became the ancestor of the Indian branch of the Williams family.f Tlie enemy, emboldened by the success they had met with at Deerfield, were continually harassing the frontier settlements, and endeavoring to cut ofi" the scouting parties which were * Lamentations, chap, i., v. 18. f Biographical Memoir of Rev. John Williams, Greenfield, Mass., 1837. Hoyt's Indian Wars, pp. 186-194. Williams's Hist. Vt , ed. •2d, 304-307. 12 HISTORY OF EASTERN "ST;RM0NT. [1704—1713. sent Gilt from them. On tlie 31st of July, 170-i, they attacked Lancaster in Massachusetts, and reduced most of the dwellings to ashes, and in the years 1705 and 1706 many towns in New Hampshire and Massachusetts suffered severely from their de- predations. In order to put an end to these incursions by de- stroying the sources whence they emanated, an army was sent in 1707 against Port Royal in Canada, but the issue was unsuc- cessful, and the troops returned home, having effected nothing of importance. The next year Hertel de Rouville, at the head of a party of French and Indians, plundered and burnt the town of Haverhill in Massachusetts on the 29th of August, killed about forty of the inhabitants, and took a large number of them captive. Not long after, as a scouting party from Deer- field was returning from White river in the present state of Vermont, one of its members. Barber by name, was killed by the Lidians, and another, Martin Kellogg Jr., was captured. Calling into service a larger body of troops, the British government again resolved, in 1709, on the reduction of Canada. Tlie event of this attempt was like that of the former. The English squadron did not arrive, and the New York forces being greatly lessened in numbers by sickness, the expedition proved a complete failure. Tlie French, notwithstanding the threatened invasion of Canada, kept smaU parties of Indians on the English frontiers. By some one of these straggling forces Lieut. John Wells and John Burt, while on a scouting expedi- tion, were, in May, 1709, killed in a skirmish on Onion river in the present state of Vermont. Enraged at this loss, the scout to which they belonged penetrated to Lake Champlain, and killed several of the enemy. In June of the same year another attack was made on Deerfield by a force of one hundi-ed and eighty French and Indians, under the command of one of the De Rouvillcs, but on account of the vigilance of the inhabitants the effort proved unsuccessful. In 1710 an armament raised in Massachusetts, New Hampshire, and Connecticut, in conjunction with forces from England, all commanded by Colonel Nicholson, sailed from Boston, besieged and captured Port Royal, and changed the name to Annapolis. During the year 1711 another expedition was fitted out against Canada. Tlie fleet accompanying it sailed from Boston on the 30th of July, but was wrecked at the mouth of the St. Lawrence on the 25th of August following. As the result of this disaster, by which a thousand lives were lost, the expedi- 1713.] EQUIVALENT LANDS. 13 tion, the third which had been made against Canada in the space of four years, was abandoned. The treaty of Utrecht was signed on the 11th of April, 1713, and on the 29th of the following October, was proclaimed at Boston. A formal peace was made with the Indians on the 11th of July, 1714, at Ports- mouth, New Hampshire, and for a few years the land had rest from war.^ Previous to, and during the late wars, the General Court of the Province of the Massachusetts Bay had granted several large tracts of land, which were supposed to be situated within the provincial limits. Upon this presumption these tracts had be^n taken up and surveyed by the grantees, and many of them had ah-eady become the centres of permanent and flourishing settle- ments. On determining the boundaries between this province and the colony of Connecticut, in the year 1713, 107,793 acres of the land so granted, were found to be without the true hmits of the former government. Massachusetts, wishing to retain all the territory which she had hitherto supposed her own, entered into an agreement with her sister colony, in accordance with which it was determined, " that the said colony of Connecticut should have 107,793 acres of land as an equivalent to the said colony for lands allowed and granted to belong to the said pro- vince, that fall to the southward of the hue lately run between the said province and colony." Although the southern bound- ary of Massachusetts was fixed by this determination, yet it was still uncertain how far her territory extended to the north. The equivalent lands were located in four different places. One of the portions containing 43,943 acres, situated above Northfield, on the west bank of Connecticut river, within the bounds of the present towns of Putney, Dummerston, and Brat- tleborough, in the state of Yermont, was limited in the following manner : " The north east corner boundary is the mouth of the brook, at the northward end of the Great Meadow, where s*^ brook emptieth itself into Connecticut river att the foot of Tay- ler's island, from whence it bounds upon Connecticut river (as the river runs,) eastwardly down to the mouth of the brook that emptieth itself into Connecticutt river att the lower end of the Meadow, about three miles southward of the West river. And from the mouth of s'^ brook it extends west north west by the needle of the surveying instrument six miles and half and from • Hoyt's Indian Wars, pp. 196-203. 14 HISTORY OF EASTERN VERMONT. [1713. thence it extends nearest north north east by the needle of the surveying instrument twelve miles, which is the westerly bound- ary of s^ lands, and from thence it extends east south east by the needle of the surveying instrument six miles and half to the mouth of the brook at the uper end of the Great Meadow."* Tlie colony of Connecticut, having received all the land to which she was entitled, caused it to be sold in Hartford at pubhc vendue, on the 24:th and 25th of April, 1716. It was divided into sixteen shares, and was bought by gentlemen from Con- necticut, Massachusetts, and London, who paid for it six hundred and eighty-three pounds, Kew England currency, which amoimt- ed to " a little more than a farthing per acre." The money thus obtained was applied to the use of Yale College.f The purchasers of the land, being then tenants in common, made partition of the whole amount, and the tract situated above JSTorthfield, on the west bank of Connecticut river, fell to William Dummer, afterwards Lieutenant Governor of Massachusetts, Anthony Stoddard, "William Brattle, and John White. By a deed from the Honorable Gurdon Saltonstall, Governor of Connecticut, and the rest of the proprietors, this tract was conveyed to the four above named gentlemen, " as their part and proportion," and was by them, and those holding under them, improved and possessed for many years.:}; The colonies being now at peace with the Indians, the frontier settlements began to assume a more prosperous apj)earance, and the losses which had been sustained by the ravages of the enemy were in a great measure rej)aired. But by the time that affiiirs had become so arranged as to invite immigration, and warrant the safety of new settlements, Massachusetts and IS'ew Hamp- shire were again compelled to prepare to defend their borders against the Lidians. By the instigations of Sebastian Rale, a French Jesuit, who had gained the esteem and respect of the Lidians, they, in 1721, began their usual depredations, and th» next year war was declared against them by Massa- chusetts. JSTorthfield and Deei*field were still the frontiers of this pro- * Records in the office of the Secretary of the State of Connecticut, entitled, " Colonial Boundaries, vol. iii., Ma-ssachusetts, 1670-1827." •j- See Appendix A. Trumbull's History of Connecticut, i. 471. Williams's His- tory of Vermont, ii. 10. Doc. Hist. N. Y., iv. 547, 548. X Petition of Joseph Bryant, dated August 11th, 1766, in office of the Sec. State N. Y., Land Papers, 1766, vol. xxL 1721-1724.] BUILDING OF FOKT DUIVEVIER. 15 vince on Connecticut river, and tliese, with other exposed towns, were rendered defensible against the attacks of the enemy. In order more effectually to secure the safety of the inhabitants, the General Court of the province of the Massachusetts Bay voted, on the 27th of December, 1723, "that it will be of great service to all the western frontiers, both in this and the neighboring government of Connecticut, to build a Block House, above Northfield, in the most convenient place on the lands call'd the Equivalent Lands., and to post in it 40 able men, English and "Western Indians, to be employed in scouting at a good distance up Connecticut river. West river, Otter creek, and sometimes eastwardly, above great Monadnuck, for the discovery of the enemy coming towards any of the frontier towns, and that so much of the said Equivalent Lands as shall be necessary for a Block House be taken up with the consent of the owners of the said land, together with five or six acres of their interval land, to be broke up or plowed for the present use of the West- ern Indians, in case any of them shall think fit to bring their families thither." * To fulfil the provisions contained in this vote, to wliicli Lieu- tenant-Governor Dummer gave his assent. Col. John Stoddardf of Northampton was ordered to superintend the building of the block house. The immediate oversight of the work was committed to Lieut. Timothy Dwight,:}: who with a competent force, consisting of " four carpenters, twelve soldiers with nar- row axes, and two teams," commenced operations on the 3d of February, 1724.§ Before the summer had begun the fort was so far completed, * Massachusetts Court Records, 1723-1725, p. 153. ■j- An estimate of the character of " this distinguished man" is given in Dwight's Travels, i. 331-335. :|: Lieut. Timothy Dwight of Northampton, Mass., was the first commander at Fort Dimimer, and probably occupied that position from February, 172-1, until the close of the year 1726. But this office did not engross his whole attention. In July and August, 1724, he superintended the erection of a fort at Northfield, and in 1725 was engaged as a surveyor. He was afterwards a Judge of Probate in the county of Hampshire, and was preceded in that station by John Stoddard of Northampton, and Samuel Partridge of Hatfield, and succeeded by Israel Wil- liams of the latter place. § " It [the fort] was built by carpenters of Northfield at 6 shillings per diem, except Crowfoot [John Crowfoot, an Indian of Springfield] who received 6 shil- lings. The soldiers slept in the woods, and earned 2 shillings per diem besides their stated pay. The horses worked hard, eat oats and nothing else. They earned 2 shillings for service, per diem.'' — Records in office Sec. State, Massachu- setts, lii. 32. 16 HISTORY OF EASTERN VERMONT. [1724. as to be habitable. It was situated on the west bank of Con- necticut river, in the south-east comer of the present town of Brattleborough, on what are now called " Dummer Meadows," and was named Fort Dummer, in honor of Sir William Dum- mer, at that time Lieutenant-Governor of Massachusetts.* This was the first civilized settlement within the borders of the present state of Vermont. The fort was built of yellow pine timber, which then grew in great abundance on the meadow lands. In size it was nearly square, the sides measuring each about one hundred and eighty feet in length. It was laid up in the manner of a log-house, the timbers being locked together at the angles. In a letter dated February 3d, 172f , written by Col. John Stoddard to Lieutenant-Governor Dummer, in reference to its construction he said, " I forgot to take notice of your thought of setting stockadoes round the fort to keep the enemy at a distance. I don't well apprehend the benefit of it, for we intend the fort shall be so built that the soldiers shall be as safe, if the enemy were in the parade, as if they were with- out the fort." In an answer to this letter, Governor Dummer advanced* other suggestions. " Untill," wrote he, " the frost be out of the ground how wiU you lay y' foundation, and I think there ought to be a good one of stone and that carried some height above y^ Ground, and also cellars for the use and con- veniency of so many people." Tlie houses within were so con- structed that the walls of the fort formed the back wall of each building. The roof was a single one, slanting upward to the top of the fort walls. All the houses fronted on a hollow square, and were arranged in such a manner, that in case the enemy should burst the large gate which closed the entrance to the fort, and gain access to the parade, they could be instantly rendered defensible by barricading the doors and windows. Besides the small arms with which the soldiers were furnished, the garrison was also defended by four pat- tararoes. From the time the fort was commenced until the first of June following. Captain Dwight's force numbered in all fifty-five effective men, of whom forty-three were English soldiers, and the remainder Indians. The latter belonged to the " Maquas" tribe, and were under the command of their sachems, Hendrick * The site of Fort Dummer and the adjoining meadow belonging to it, form a portion of what is now known aa the " Brooks farm." 1724.] INDIAN SOLDIERS. 17 Maqna, of Connancliiwliorj, and Umpaumet, wlio dwelt on tlie banks of Hudson river.* Great importance was attached to the presence of the In- dians, and various means were taken to retain them in the ser- vice. On the 20th of June, 172-4, a committee which had been appointed by the General Court of Massachusetts to examine a demand made by the Maquas, engaged in the service of that government at Fort Dummer, reported, pursuant to the pro- mise of Col. Schuyler, " that two shilKngs per day be allowed to Hendrick and Umpaumet, as they are sachems, and the first of that rank that have entered into the service of this province ; That none of y® Indians be stinted as to allowance of provisions ; That they all have the use of their arms gratis, and their guns mended at free cost ; That a supply of knives, pipes, tobacco, lead, shot, and flints, be sent to the commanding officer at the fort, to be given out to them, according to his discretion ; That four barrels of rum be sent to Capt. Jon^ Wells, at Deerfield, to be lodged in his hands, and to be delivered to the command- ing officer at the Block-House as he sees occasion to send for it, that so he may be enabled to give out one gill a day to each Indian, and some to his other men as occasion may require." But with all these and other endeavors the Indians could not be induced to remain at the fort for more than a year. From the time the fort was commenced those to whom it was intrusted seem to have exercised a care for the moral wel- fare of those who were there stationed. In the letter of Col. Stoddard, above referred to, he remarked on this subject: " Dwight thinks they should live a heathenish life unless a chaplain be allowed, and besides the advantage the English soldiers may receive from him, it may possibly be an oppor- tunity to Christianize the Indians, which the Assembly (in the former part) seemed very desirous of." In accordance with this wish the General Court voted on the 3d of June, that " Dr. * The names of these Indians, with their residence, are contained in the annexed list. Under Hendrick Maqiia. Ezerus of Connauchiwhory ; Kewauchcum of "Westonhook ; Cosaump of Wittaiig. Under Umpaumet or Ampaumet. Wattunkameeg, Noonoowaumet, Pomagun, Poopoonuck, from Hudson river; Waunoouooseet, Suckkeecoo from " Scahticook." Faukaqxiint, 2 18 HI8T0ET OF EASTERN YEKMONT. [1724. Mather, Mr. Coleman, Mr. Sewall, Mr. "Wadswortli, be desired to procure a person of gravity, ability, and prudence," to be pre- sented to the Governor for his approval, as chaplain to the fort. Daniel Dwight, of Northampton, vras chosen to this post, but it does not appear that he held it long. His pay vras lixed at one hundred pounds for the year, and besides his duties as chaplain it was more especially enjoined upon him to " instruct the In- dian natives residing thereabouts in the true Christian reli- gion." The soldiers were provided with goods and clothing by the commander of the fort, who received his supplies from the Trea- surer of the province of Massachusetts, and sold them at a more reasonable rate than they could have been obtained elsewhere. No sooner were the necessary arrangements completed, and the fort garrisoned by English and by friendly Indians, than the hatred and suspicion of the Canada tribes in the employ of the French and of the Maseesqueeg or Scatacook Indians received a new impulse, and their reconnoitring parties began to be sources of the greatest annoyance. On the 25th of June the Indians attached to the fort discovered tracks to the south which appeared to have been made only a short time previous. A party of sixteen proceeded on a scout, and soon after fell in with about forty of the enemy; but their force being too small to accomplish what they had wished, they returned without hazarding an attack. On the 11th of October Fort Dummer was attacked by seventy of the enemy, and four or five of its occupants were either kiUed or wounded. Col. Stoddard of Northampton, who was at that time intrusted with the defence of this quarter of tlie country, immediately marched from that place with fifty men, but the enemy had left the fort before he arrived. Capt. Joseph -Kellogg, who was engaged at this time in watching Fort Dummer, and two other garrisons on the western frontiers of Massachusetts, having received orders to scout, commenced sending out parties on the 30th of November. Tlie routes which they took "for the discovery of the enemy" were various, and can be easily traced at the present time, the names by which the streams, mountains, and falls were then designated being in most instances the same as at present. Sometimes their course lay along the west side of Connecti- cut river, and ended at the Great FaUs.* Again they would * Now Bellows Falls. 1725.] SCOUTING PARTIES. 19 follow up "West river a few miles, and then striking across the country, reach the Great Falls by a different route. Sometimes theu' place of destination would be the Great Meadow, and anon we read that they " came upon Sexton's river six miles from y^ mouth of it, w" empties itself at y® foot of y® Great Falls, and then they came down till they came to y® mouth of it and so returned." On another occasion they were " sent up y® "West River Mountain, there to Lodge on y^ top and view Evening and Morning for smoak, and from thence up to y® mountain at y^ Great Falls and there also to Lodge on y® top and view morning and evening for smoaks." Tlius most of the winter was spent, in traversing the wilderness, fording bridgeless streams, and climbing mountains slippery with snow and ice. To such vigilance and activity it was owing that for nearly a year, and at a time when the Lidians were exceedingly trouble- some and unfriendly. Fort Dummer and the adjacent garrisons were unmolested by them. During the month of July, in the year 1725, Capt. Benja- min "Wright, of Northampton, being on a scouting expedition with a corps of volunteers, consisting of about sixty men, ascend- ed the Connecticut river as high as "Wells river, which stream he explored some distance ; and after having passed several small lakes, struck Onion or "Winooski river, and followed it until within sight of Lake Champlain. Provisions becoming scarce, the party retraced their steps and returned to ISTorthfield without meeting the enemy. Li his journal, "Wright mentions " a fort at the mouth of "Wells river." As we have no other account of such an establishment than the one here given, the suggestion of Mr. Hoyt is no doubt correct, that it was " probably a small stockade, for the security of the scouts." On the 28th of Sep- tember, Capt. Dwight, of Fort Dummer, sent out a party of six men to scout in a westerly direction. On their return, while halting to refresh themselves, they were attacked by the Li- dians, who, fourteen in number, came suddenly upon them. The scouts fired, but successful resistance was out of their power. Thomas Bodurtha of Springfield, and John Pease of Enfield, were killed ; Edward Baker of Sufiield, John Farrar of Ashford, and Nathaniel Chamberlain of Hatfield, were captur- ed ; and Anthony "Wiersbury, a German, reached the fort in safety, being the only one of the party who escaped unharmed.* * ilS. papers in office Sec. State, Mass. Hoyt's Indian Wars, p. 215. 20 HISTORY OF EASTERN VERMONT. [1725-1T31. Although attacks were frequently made on the EngKsh settle- ments in New Hampshire and along the Connecticut, by the French or Abenaquis Indians, yet it must be remarked that this conduct did not arise from the enmity of France and Eng- land, for at that time those nations were at peace with one an- other. In order, if possible, to bring to an end the war in Ame- rica, commissioners were sent from Massachusetts and Kew Hampshire to Canada. They were poKtely received by the Marquis de Yaudi-euil, Governor of Canada, but were unable to effect with him the object of their mission. A few depreda- tions were committed after the commissioners returned, but it was soon ascertained that the Lidians were not averse to peace. Li accordance with their desire, a treaty of that nature was held at Boston on the 15th of December, and was ratified at Fal- mouth the following spring. This being publicly declared, the garrisons were withdrawn from many of the forts, and on the 2Tth of August, 1726, the forces " at the Block-House above ISl'orthfield" were ordered to be dismissed from the service. By a mistake, the order was withheld until news came on the 24th of ISTovember, that some of the Canada tribes were, by the com- mand of the Governor of Canada, " spirited out for mischief on the frontiers." On the receipt of this information, by the advice of the Lieutenant-Governor, the garrison was continued mitil the cause of danger was removed.* Capt. Joseph Kellogg, who had been for many years a pri- soner among the French and Indians in Canada, and had learned the manner in which the peltry trade was conducted between them and the western Indians, having presented a memorial to the General Court of Massachusetts, on the loth of January, 172T, in which he expressed his behef that the same kind of trade might be carried on by the Massachusetts government to good advantage, followed up this statement with a request that a trading-house might be estabhshed at Fort Dummer or further up Connecticut river. To this petition a favorable answer was given. In order to insure a continuance of the friendship of the Indians, the General Court agreed to supply them with such articles of food and clothing as they should need, and take their fiu's in exchange. Fort Dummer, being conveniently situated for a " Truck-house," was selected for that purpose, and was thus " improved " for many years, the business being . * MS. papers. Belt. Hist. N. H., ii. '70-80. 1725-1731.] JAMES coss's journal. 21 under the charge of Joseph Kellogg, who bore the titles both of Captain and Truck-master.* The Indians, finding that they could carry on a cheaper trade at this station than at the French trading-houses, resorted hither in large numbers, bringing with them, among other articles of traffic, deer skins, moo^e skins, and tallow. The fort was soon found to be too small to accommodate all who came to it, and Capt. Kellogg was accordingly ordered, on the 10th of April, 1729, to raise an out-house in some convenient place near the Truck-house, " for the reception of the Indians." At the same time he was directed to build a boat for transporting the supplies, to advance fifteen instead of fifty per cent, on pro- visions, and to supply the soldiers with clothing at the same price with the Indians. He was also permitted to sell beaver skins to the people residing in the vicinity who should desire to obtain them for the purpose of converting them into hats. In July, 1731, further improvements were made at the block-house by the addition of a store-house at the back of the main build- ing, and by repairs which had become necessary. The route which the Indians usually took in going from Canada to Fort Dummer, was by Lake Champlain, Otter creek, and Black and Connecticut rivers. The government of Massachusetts being about to take measures to ascertain the exact course of this " Indian road," obtained from a certain James Coss or Cross, the following diary of a journey from Fort Dummer to Lake Champlain, performed in the year 1730. From it something may be learned of the manner of travelling in the wilderness in those early times, and of the hardships per- taining thereto. " Monday, y« 27th April, 1730, at about twelve of y« clock we left Fort Dummer, and travailed that day three miles, and lay down that night by West River, which is three miles dis- tant from Fort Dummer. JSTotabene. I travailed with twelve Canady Mohawks that drank to great excess at y^ fort and killed a Skatacook Indian in their drunken condition, that came to smoke with them. * The first appropriation for trading purposes was made on the 19th of June, 1728. -when the General Court voted to set apart "£1000, equal to about £333 6s. 8d. sterling, for the purchasing goods to be lodged at the Truck-house above Northfield, to supply the Indians withal." The Truck-master was ordered " to advance 50 per cent, on rum, sugar, and molasses, and 2.') per cent, on European goods." 22 mSTOKT OF EASTEKN VERMONT. [1725-1731. " Tuesday. "W"e travailed upon the great River* about ten miles. " Wednesday. "We kept y® same course upon y® great River travailed about ten miles, and eat a drowned Buck that night. " Thursday. We travailed upon the great River within two miles of y^ Great Fallsf in said River, then we went upon Land to the Black River above y^ Great Falls, went up in that River and lodged about a mile and a half from the mouth of Black River, which days travail we judged was about ten miles. " Fryday. We cross Black River at ye Falls:}: afterwards travail through y^ woods N-IST, W. then cross Black River again about 17 miles above our first crossing, afterwards travailed y^ same course, and pitched our tent on y^ homeward side of Black River. " Saturday, We crossed Black River, left a great mountain on y® right hand and another on ye left.§ Keep a IST. W. course till we pitch our tent after 11 miles travail by a Brook which we called a branch of Black River. " Sabbath Day. Soon after we began our days work, an old pregnant squaw that travailed with us, stopt alone and was delivered of a child, and by Monday noon overtook us with a living child upon her Back. We travail to Black River. At ye three islands, between which and a large pound we past y® River, enter a mountain,! that afibrded us a prospect of y® place of Fort Dummer. Soon after we enter a descending country, and travail till we arrive at Arthur Creekf in a descending land. In this days travail which is 21 miles, we came upon seven Brooks which run a S. W. course at ye north end of said Mountain. From Black River to Arthm* Creek we judge is 25 miles. " Monday. Made Canoes. " Tuesday. Hindered travailing by rain. " Wednesday. We go in our Canoes upon Arthur Creek, till we meet two great falls in said River.** Said River is very Black and deep and surrounded with good land to y® extremity of our prospect. This days travail 35 miles. * Connecticut river. \ Bellows Falls. X At Centre village in the town of Springfield. See Zadock Thompson's Ver. mont, Part III., p. 164. § In the township of Ludlow. I In the township of Plymouth, where Black river rises. ^ Otter creek. ** Probably in the town of Rutland. 1'7'25-1731.] INDIAN COMMISSIONERS. 23 " Thursday. We sail 40 miles in Arthur Creek. "We meet with great Falls,* and a little below them, we meet with two other great Falls,t and about 10 miles below j^ said Falls we meet two other pretty large Falls,:}: We carryd our Canoes by these Falls and come to y® Lake."§ The garrison at Fort Dummer, which had been reduced in 1Y27, was, in January, 1731, reinforced by the addition of ten soldiers, and from that time until the year 1750, it seldom numbered less than twenty men, and in times of danger often amounted to fifty. The Kev. Ebenezer Hinsdell|| was in 1730 appointed to the chaplaincy of the fort, which post he probably held twelve or fourteen years, being much beloved both by the Indians and the English.^ In order to render trade with the Indians more advantageous, and to strengthen the bonds of peace and friendship, Capt. KeUogg received into the fort on the 8th of October, 1734, three commissioners from the " Scaticook" tribe, whose names and titles were, Masseguun, first captain ; ISTannatoohau, second cap- tain ; Massamah, lieutenant ; and on the 1st of September, 1735, three other commission ofiicers of the Caughnawaga tribe, * Middlebnry Falls. f At Weybridge. J At Vergennes. § Bound MSS. in office Sec. State, Mass., A. xxxriii. 126, 127. J He was for several years a missionary to the Connecticut river Indians. In a letter which he "wrote from Fort Dummer, dated January 26th, l73f, refer- ring to his labors, he stated that " a good disposition" was prevalent among the Indians, that on Sunday a number of them usually assembled to listen to him, that a child had been presented to him for baptism, to which he had refused to administer the rite because its parents were not Christians, that he had endea- vored to instruct the parents in Chi-istianity, but had as yet met with no success. In 1*743, Mr. Hinsdell erected a fort Avitliin the limits of the present town of Hinsdale, New Hampshire, and in the same year he and Josiah Willard, the com- mander of Fort Dimimer, were appointed under-commissioners for the northern portions of Massachusetts, and the adjacent frontiers. This post they held until October 26th, 1746. Hinsdell's efforts in behalf of the growth and prosperity of the province were not unobserved, and on November 10th, 1748, Governor Shirley desired the General Court " to provide a few men for the defence of Mr. Hinsdell's fort below Fort Dimimer for the winter season," a request which was undoubtedly complied with. In the year 1759, he resided near Sugar Loaf Mountain, in the town which is now known as South Deerfield, Massachu- setts. ^ It is difficult to ascertain the exact date of transactions which occurred at this period, owing to the burning of the Town House in Boston, on December 9th, 1747, at which time were destroyed " The Books of Records of the General Assembly of Massachusetts, from July 5th, 1737, to September 30tb, 1746, and of his Majesty's Council." 24 mSTOKT OF EASTERN YEEMONT. [1735-1738. named Ontaiissoogoe, colonel ; Tliyliansilhan, lieutenant-colonel ; Conneigliau, major. Yearly pensions were gi-anted to tliem, and thej remained in the pay of the truck-house until 1744, when it was again turned into a fort. Massachusetts having deemed it necessary to renew a certain treaty which had been made with the Indians some years before, appointed John Stoddard, Eleazer Porter, Thomas Wal- lis, Joseph Kellogg, and Israel Williams, commissioners, who by agreement met Ontaussoogoe and other delegates of the Caugh- nawaga tribe, at Fort Dummei, on the 5th and 6th of October, 1737. Friendly speeches were made by both parties, the health of King George was drank, and the death of the Governor's lady deplored. Blankets and wampum were exchanged, and the representatives of the Indians and the English separated with expressions of mutual good-will and friendship.* In the same year the truck-house was burned, but whether entirely or par- tially, there is nothing on record to show.f During this season of comparative quiet, Massachusetts and !New Hampshire gi'anted several new townships on their fron- tiers, the former extending her grants to the northward and westward, and along Connecticut river, above ISTorthfield, em- bracing on the east banks of that stream the present towns of Hinsdale, Chestei'field, Westmoreland, Walpole, and Gharles- town. These five towns were at first included in four, and for several years were known by their numbers. Beginning at Hinsdale, Charlestown was Number Four. As to the settlements west of the Green Mountains, the first of them was made by the French in 1731, at Chimney Point, in the south-west corner of what is now the township of Addison. But this, as well as the settlement at Fort Frederick, now Crown Point, on the west side of the Lake, was subsequently broken up, and the settlers, with the ganison of the fort, were, in the year 1759, removed to Canada. * See Appendix B, containing an account of the proceedings at the renewal of the treaty. f Tlie only hint of this circumstance is contained in a petition to Governor Jonathan Belcher, from John Sargent, dated Nov. 29th, 1*738, in which he says he ■was " formerly taken prisoner to Canada, afterwards was under Captain Kellogg at the truck-house, north of Northfield, and was a great sufferer in 1737 when it was burned." CHAPTEE n. CONFLICTS WITH THE ESTDI^y^S. Boundary Disputes— Sartwell's Fort — Bridgman's Fort — Defences at Fort Dum- mer — Traffic with the Indians — Maintenance of Fort Dummer — Disputes between the Assembly of New Hampshire and the General Court of Massa- chusetts Bay — Declaration of War between England and France — Establishment of Forts — Indian Depredations — William Phips — Presents to the Indians — Attack on the Fort at the Great Meadow — Capture of Nehemiah How — For fear of the Enemy the Settlers leave their Abodes — Siege of Number Four, after- wards Charlestown — Burning of Bridgman's Fort — Second Attack on Number Four — Fight between Capt. Melvin and the Indians — Capt. Stevens's Expedi- tion — An Ambuscade — Account of the Captives who were taken to Canada — Running the Gauntlet — Capt. Humphrey Hobbs's Encounter with the Indians — Conflict near Fort Dummer — Brave Conduct of the Soldiers — Route pursued by the Indians — Fight at Fitch's Block-house — Propositions for Protection. The dispute between Massachusetts and Il^ew Hampshire as to the northern boundary of the former province, which had con- tinued since the year 1Y30, was determined on the 9th of April, 1740. The decision gave to New Hamj^shire a tract of country fourteen miles in breadth, and above fifty in length — a greater quantity than she had ever claimed — and took from Massa- chusetts twenty-eight new townships between the Merrimack and Connecticut rivers, besides a large amount of vacant lands. But the settlement of one dispute only gave rise to another. A part of the south boundary of New Hampshire, beginning at a point three miles due north of Patucket falls, was declared in the decision referred to, to be " a straight line, drawn from thence due west, till it meets with his Majesty's other governments;" but the uncertainty which then prevailed as to the legal extent of " his Maj esty 's other governments," was the cause not only of a controversy in this instance, but of another which at a later period engaged the attention of New Hampshire, New York, and the " New Hampshire Grants" for many years. 26 HISTORY OF EASTERN VERMONT. [ITiO. The command of Fort Dummer having been given to Capt. iTosiah Willard in ITiO, its former commander, Joseph Kellogg, was appointed Indian interpreter for the garrison, which office he held until the year 17-i9. Great pains were taken to obtain from the Indians then in the service of the fort, as much assistance as was compatible with their indolent dispositions ; and in order to remove one of the causes which had too long tended to lower their condition, they were deprived of the sup- plies of liquor which had for a long time composed a part of their rations. As the frontier settlements extended, it became necessary for the inhabitants to increase and strengthen their defences. The forts or, more properly, block-houses of this period were generally built with large squared timbers laid horizontally one above the other, in the shape of an oblong or square, and locked together at the angles in the manner of a log cabin. This structure was roofed, and furnished with loopholes on every side, through which to observe and attack the enemy. The upper story usually projected over the lower, and under- neath this projection other loopholes were cut, to enable those within to fire down on the assailants, in case of a close approach. In this manner did Josiah SartweU. build the fort which was afterwards called by his name. It stood about one hmidi'ed rods from Comiecticut river, in the north part of what was for a long time Hinsdale, now Vernon, Vermont, and four miles south of Brattleborough. To the east of it ran the pub- lic road. It was taken down in 1838, after hav- ing stood ninety-eight years, and on its site there has since been erected a house which is owned and occupied by the Hon, Ebenezer How Jr., a great-great-grand- son of Josiah Sartwell, and a great-grandson of Caleb How, who was killed by the Indians. Bridgman's Fort, of similar con- straction, was probably built the same year by Orlando Bridg- man. It was situated one half of a mile south of Sartwell's Fort, on the east side of the road, and with the exception of Sartwell's Fort 1710.] DEFENCES AT FOET DUSIMEK. 27 Fort Dummer, was the only place picketed and secure in that vicinity. About the same time a settlement was made on the " Great Meadow," in what is now the town of Putney, and a garrison called Fort Hill was built in the centre of the " Mea- dow ;" but by whom it was erected or occupied is not known. On the other side of Connecticut river, Number Four, after- wards Charlestown, which, with a number of other townships, had been granted by Massachusetts in 1736, although but lately settled, had already begun to be a post of some importance. Another station of note was Hinsdell or Hinsdale's Fort. It was situated in the town of Hinsdale, N. H., nearly opposite to Sai-twell's Fort, and was built by the Eev. Ebenezer Hinsdell, in 1743. Fort Dummer being in a defenceless condition, Capt. Josiah Willard, " for himself and those under his command," informed the Governor of Massachuijetts on the 24th day of June, 1740, that they were " willing to be at the cost of putting y^ garrison into a posture of defence, and erect two sufficient bastions at opposite angles, providmg the government will be at the charge of hiring a carpenter and provide nails, iron work and boards." The proposition was acceded to, and the fort was made more defensible than it had ever been before. Within were four province houses, as they were called, two stories in height, comfortable, ancj for these da}^ even convenient ; besides which there were two or three smaller houses, containing a room each, which could be occupied when the garrison num- bered more than its complement of men. Without, the fort was picketed. Posts twenty feet in height placed perpendicularly in the ground side by side, and sharpened at the upper end, surrounded it on every side. Openings were left in the pickets through which to fire on the enemy, and at opposite angles of the fort, twenty-five feet from the ground and five above the tops of the pickets, square boxes were placed in which the sentinels kept guard. To the patteraroes with which the gar- rison was origmally furnished, several swivels were now added, which enabled the inmates of the fort to receive the enemy with an enfilading fire, thus rendering the place comparatively secure. The " Great Gun " of which mention is so often made in papers relating to Fort Dummer, whose report could be heard for many miles, was never fired except as a signal for assistance, or on the reception of some fortunate or pleasing news.* * Bound ilS. in of5ce Sec. of State Mass. Ixdi. 496. 28 HISTORY OF EASTERN TERMONT. [iT-iJ-. The declaration of war bj Great Britain against France and Spain on the 29tli of March, 1744, was followed bj its procla- mation at Boston in the month of June following. An Indian war was a necessary appendage in the American colonies to a war with France, and during this contest, called by some the first French war, and by others the Cape Breton war, the almost daily cruelties practised by the Indians were witness to their long-fostered determination of vengeance for the misfortunes which they had sufi*ered on account of the whites. The Lidian commissioners who had resided at Fort Dummer since the year 1734, and had become used to English ways and customs, would, it was supposed, remain during the war where they had so long lived, and endeavor by their influence to afford some protection to their friends from the ravages of the enemy. But the lust of gain, and the desire of plunder, broke down the nicer barriers which had sprung from friendly communication and social intercourse ; and not only was Fort Dummer deserted by the Indians, but also all the stations in the vicinity where they had dwelt, their numbers going to augment the forces of the hostile ti-ibes in Canada. At the same time the truck establishment at Fort Dummer was also discontinued. The traffic which during the sixteen years previous had been there carried on with the Indians by the government of Massa- chusetts, had jjroved of no pecuniary j^rofit to the latter. De- ducting the charge of transportation, and a remuneration for the waste incidental thereto, the Indians were supplied with goods at nearly first cost, while for their furs, deer skins, moose skins, and tallow, they were aUowed the Boston market-prices. The province had also a transport sloop in pay for the use of this fort, and of Forts Richmond and Georges on the eastern frontiers, which forts were also used as trading houses in time of peace. Had it not been deemed necessary to supjDly the Indians with goods in order to protect them from the abuses of private traders, and to turn their attention as much as possible from unfriendly and warlike designs, the government would not have continued a trade so disadvantageous and one-sided, so long as they did. Since its erection by Massachusetts, Fort Dummer had been maintained and garrisoned at the expense of that province ; but by the late determination of the boundary lines between Massa- chusetts and New Hampshire, the foi't was supposed by many to have faUen within the limits of the latter province. Massa- 1744.] MAINTENANCE OF FOKT DUMMEK. 29 chusetts, liowever, continued to support and maintain it until war was declai'ed in IT-Ai, when Governor Shirley opened a communication with the home government on the subj ect. In his letters to the Lord President of the King's Council and to the Duke of Newcastle, one of his Majesty's principal Secre- taries of State, he clearly showed that the great expense which the province was likely to incm" in providing for its own defence in many other places, would no longer justify it in continuing the establishment of Fort Dummer. At the same time he declared it to be of the last importance at that time, that this post should be strongly fortified, not only for the defence of the settlers in the immediate neighborhood, but also on account of the position of the fort, it being situated within thi-ee or four days' march of the French fort at Crown Point, which latter place was a constant retreat and resort for the French and Indians in all their expeditions against the English settlements. He further stated that the Massachusetts government did not think it their duty to provide for a fort no longer their own, and proposed that the province of New Hampshire, to which it properly belonged, should make provision for its support. On the receipt of this representation, the King in Council, on the 6th of September, ordered that the fort and its garrison should be maintained, and that the Governor of New Hamp- shire should move the Assembly of that province in his Ma- jesty's name, to make a proper provision for that service, and at the same time inform them, that in case they should refuse to comply with a proposal so necessary and reasonable, his Majesty would restore the fort, and a " proper district contiguous there- to," to the Massachusetts Bay. In view of the importance of the station, and of the sad results which might follow, should it fall into the hands of the enemy. Governor Shirley was ordered in the same report to represent to the Provincial Assembly of the Massachusetts Bay, the necessity of continuing to provide for Fort Dummer until a final answer should be obtained from New Hampshire, and his Majesty's pleasm-e in relation to the subject, further signified. This order, together with a message from Governor Shirley, was presented to the House of Representatives of Massachu- setts, and that body, with the concurrence of the Council, in consideration of the great danger there was that the inhabitants from Contoocook,* in New Hampshire, to Connecticut river, * BoscaVen 30 HISTORY OF EASTEEN VERMONT. [1745. would be driven from their settlements should the fort be taken, unanimously voted that " the captam-general be desired to cause the same number of officers and men as were in the last esta- blishment at said fort, to be enlisted and there posted ; and that the same allowance as before be made for their wages and subsistence, for a term not exceeding three months, provided that this vote or grant shall not be deemed or urged as a pre- cedent for this government's taking into their pay at any time hereafter this fort, or any other fort which may serve as a pro- tection to any inhabitants or estates, the jurisdiction whereof is claimed by any other government." It was also voted that the term of three months should commence with the 20th of Janu- ary, 1745. For the better security of this garrison, the strong- est, and, with the exception of the stockade then building on the Great Meadows, the most northern, two swivel guns and two four-j)ounders were added to its munitions. In accordance with his instructions, Governor Shirley inform- ed Governor Wentworth, of New Hampshire, on the 25th of February, of the nature of the order he had received from his Majesty, and of the action of the Massachusetts Assembly thereon. He further requested his Excellency to make provi- sion for the future sustenance of the garrison, or at least to come to a speedy resolution on the subject, in order that an answer might be returned without delay to the King. The subject was brought before the New Hampshire Assembly on the 3d of May, but a majority of the lower house declined making any grant for this purpose, and adduced, in support of this deter- mination, the following reasons : — "Tliat the fort was fifty miles distant from any towns which had been settled by the govern- ment or people of New Hampshire ; that the people had no right to the lands which, by the dividing line, had fallen within New Hampshire, notwithstanding the plausible arguments which had been used to induce them to bear the expense of the line, viz. that the land would be given to them, or else would be sold to pay that expense ; that the charge of maintaining that fort, at so great a distance, and to which there was no com- munication by roads, would exceed what had been the whole expense of government before the line was established ; that the great load of debt contracted on that account, and the yearly sup- port of government, with the unavoidable expenses of the war, were as much as the people could bear ; that if they should take upon them to maintain this fort, there was another much better 1745.] DISPUTES WITH MASSACHTJ8ETTS. 31 and more convenient fort at a place called ISTumber Four, be- sides several other settlements, which they should, also, be obhged to defend ; and, finally, that there was no danger that these forts would want support, since it was the interest of Mas- sachusetts, by whom they were erected, to maintain them as a cover to their frontier."* Upon this declaration, the Governor dissolved the Assembly and called another, to whom, in the most pressing and eloquent terms, he recommended the same measure. In accordance with his wishes, that body resolved, on the 16th of June, that his Ex- cellency the Captain General be desired to enlist or impress twenty good, eftective men, to be by him employed in his Ma- jesty's service for six months, as a garrison for Fort Dum- mer.f This resolution was notified to Governor Shirley by Governor Wentworth, and was accompanied with a request that the fort might be delivered to New Hampshire, and the Massachusetts forces be drawn within the bounds of that pro- vince. Li answer. Governor Shirley desired Governor Went- worth to take possession, and sent orders to Capt. Willard to deliver the fort to his charge on demand. Previous to this, however, the Assembly of New Hampshire, as has been seen, had refused to support the fort, and Massachusetts had there- upon agreed to maintain it. By consequence, when Governor Shirley acquainted his Majesty's Council of Massachusetts with his action on the last resolve of the Assembly of New Hamp- shire, they were of opinion that he could not, according to the terms of his Majesty's order, be justified in delivering up the fort until his Majesty's pleasure should be known. A suspicion prevailed that the Assembly of New Hampshire intended to provide for the fort, only until they could obtain full possession of it, and that they would then slight it. It was also well known that the allowance proposed by New Hampshire for the support of the soldiers, was not half as large as that given by Massachu- setts, which many deemed too small. Under these considera- tions. Governor Shirley judged it best to countermand his orders, and the fort was again supported by Massachusetts. * Belknap's Hist. K H., ii. 236, 237. f The wages allowed are thus stated : " One Captain to have 25 shillings per month; one Lieutenant to have 13s. 6d. per month; one Sergeant to have 13s. 6d. per month ; one Corporal to have 1 2s. per month ; and sixteen Centinels to have, each, lOs. per month ; and each of the said twenty men be allowed 8s. per month for providing themselves with provisions." 32 mSTOEY OF EASTEKX YEEMONT. [ITM. In tliis condition the subject remained until 1Y47, when Governor Sliirley again wrote to Governor Wentworth, to know whether he would take upon himself the charge of supporting the fort. After a long delay, his Excellency, on the 2Sth of October, 1748, signified his unwillingness to bear the expense, and the subject was then brought before the Board of Trade in consequence of a letter from Governor Shirley to that body. This communication contained an account of the condition of Fort Dummer, and an ofifer to forward to the Board of Trade a schedule of the charges incun'ed for supporting the fort since the commencement of the war. The committee to whom the mat- ter was referred, reported on the 3d of August, 1749, that it was proper for j^ew Hampshii-e to reimburse Massachusetts for maintaining the fort, and advised that the Governor of New Hampshii'e should be directed to recommend to the Assembly of his province, a permanent provision for the fort, and that it should be allowed to remain where it was, since, were it re- moved within the lines, it would be in the midst of garrison houses, and would thus defeat the object of its erection, which was to keep the enemy at a distance. Although this report was favorable to Massachusetts, yet when ParHament granted to New Hampshire a reimbm'sement for the Canada expedition, the petition of the government of Massachusetts praying that a deduction might be made in their favor from this fund, was denied. This denial was owing to the vigilance and address of Capt. John Thomlinsou, formerly a sea captain, but at that time the agent at London for New Hampshire. As soon as the declaration of war between England and France was proclaimed at Boston in June, 1744, orders were issued by Governor Shirley for the building of a Kne of forts, more effectually to protect the western frontiers of Massachu- setts from the ravages of the Indians. Of the routes which had been pursued by the enemy in the former wai'S in approaching the frontiers from Canada, the most northern was by the river St. Francis, thi-ough Lake Memphramagog, thence by portage to the Passumsic, down that river to the Connecticut, and thence to the settlements bordering the banks of the latter stream. Sometimes the enemy, having sailed down Lake Cham- plain as far as "Whitehall, would proceed up Pawlet river to its sources, thence across the mountains to West river and down that stream to the Connecticut. At other times they would approach that river by following up Otter creek to its som'ces. 17-i4.] ESTABLISHMENT OF FORTS. 33 Nor were the rivers Lamoille, "Winooski, and "White, unknown to them in their journeys to Connecticut river. But the most com- mon road from Canada, and that most frequently traversed, was, by the way of Otter creek and Black river. Tliis has been pre- viously described under the name of the Indian road, and was so called at the time of the earliest English settlements.* Fort Dummer was a serious obstruction to the Indian enemy, who having approached by the way of West river, were de- scending into Massachusetts. After the building of N^umber Four, that station occupied the same position for those who had reached Connecticut river by the way of the more northern streams. The forts which were ordered to be built by govern- ment, extended from Fort Dummer to Hoosac, now Adams, and "Williamstown. They were situated in the following towns. Fort Massachusetts or Hoosac was in Adams, Fort Pelliam in Howe, Fort Shirley in Heath, Coghran's and Rice's forts in Colrain, and Sheldon's fort in Bernardston. In the latter place, as well as at Colrain, several houses were stockaded, and at Northfield and Greenfield the old defences were repaired. Be- sides those already mentioned on Connecticut river, there were forts on the New Hampshire side at Upper and Lower Ashuelot. The western cordon of forts was placed under the immediate command of Capt., afterwards Col. Ephraim Williams, who established his head-quarters at Fort Massachusetts. Col. John Stoddard, of Northampton, commander of the militia regiment in the county of Hampshire, Massachusetts, was charged with the general superintendence of the defence of the same quarter. Major Israel Williams of Hatfield, was appointed commissary of the department, and Col. Josiah Willard, commander of Fort Dummer, and the Kev. Ebenezer Hinsdell, the owner of Hinsdell's garrison, were his under commissaries. Two hundred men were raised for the defence of this portion of the pro- vince, and ninety-six barrels of gunpowder were sent to the towns lying within an allotted space, to be sold to the inhabit- ants at the first cost. The rations allowed to the garrison forces on the frontiers were, for each man, one pound of bread and a half pint of peas or beans per diem ; two pounds of pork for three days, and one gallon of molasses for forty-two days. Marching forces were allowed a pound of bread for each man ; the same of pork, and * See ante, p. 21. 3 34 HISTORY OF EASTERN VERMONT. [1745. a gill of rum per diem. Parties were kept continually ranging from fort to fort on the line between Forts Dnmmer and Massa- chusetts, and thence to Pittsfield, for the purpose of ferreting out the Indians, and companies of large dogs were trained to scent their trails. Scouts from the militia were also employed to scour the wilderness towards the head of Wood and Otter creeks. To induce the soldiers to engage in this kind of war- fare, a bounty of thirty pounds each was offered on Indian scalps. The officer who commanded a " scalping expedition," was required to keep a fair and correct journal of his marches and operations, and return it to the goverimient of the pro- vince.* During the year 1744, no depredations were committed on the western frontiers, and this exemption from disturbance afforded ample opportunity for constructing forts and preparing for future emergencies, which opportunity, as has been shown, was in no wise neglected. The first incursion in the next year was made on the 5th of July, by a party of the Oorondax Indians from Canada. William Pliips, as he was hoeing corn, near the south-west corner of the Great Meadow, was captured by two of these Indians, and carried into the woods. They had proceeded with him about half a mile, and were ascending a steep hill, when one of them remembering that he had left something, went back to get it, leaving the prisoner in the charge of his comrade- Watching his opportunity, Phips struck down his Indian keeper with a hoe which he had brought with him, and seizing the gun of the prostrate savage, shot the other as he was ascending the hill. Unfortunately, meeting with three others of the same party, as he was retm-ning to the fort, he was seized, killed, and scalped. The Lidian whom he had stunned, afterwards died of his wound. On the 10th of the same month, the Indians appeared at Upper Ashuelot, now Keene, and killed and scalped Josiah Fisher. News of these events having reached Massachu- setts, Governor Sliirley, on the 17th, ordered " two companies of snow-shoe men to scout between Connecticut and Merrimack rivers for the protection of the inhabitants, and discovery and annoyance of the enemy." The Assembly of New York, previous to these occurrences, had voted an allowance of four hundred pounds for presents to the Indians. Various letters having been presented to them * Hoyf 3 Indian Wars, pp. 230-232. 1745.] ATTACK AT TIIE GREAT MEADOW. 35 containing accounts of the circumstances above narrated, and of others similar, Col. Schuyler, one of the members, stated that the fears and jealousies of the Six Nations of Indians had been aroused and were sustained by the designs of the French, but that the destruction of the border settlements might be prevented by the use of a single argument, the strongest which CQuld be presented to the Indians, " a suitable present." The Assembly accordingly voted, on the 21st of August, that six hundred pounds should be added to what had already been given them. Of the wisdom of this course, those who proposed and supported it were the best judges ; but the effect on the Indians seems to have been far different from what was ex- pected. If their fears and jealousies had been excited by the French, their love of plunder and their hope of gain appeared to receive new life by the favors of the English ; and thus vir- tually receiving rewards of both nations, they renewed their depredations, which only differed from their previous acts by the greater display of skill and cunning which characterized them. Another reason of the little effect of the presents of New Yofk may be found in the fact that on the 23d of August, only two days after the passage of the above vote, Lieutenant- Governor Spencer Phips, of Massachusetts, in consideration of the breach of the treaty of neutrality between that province and the Six Nations, formally declared war against the Eastern and Canada Indians. To conclude the events of the year by a bold stroke, a body of French and Indians, the latter being twelve in number, attacked the garrison at the Great Meadow, on the 12th of Oc- tober at noon-day. A brisk fight was carried on for an hour and a half, and one Indian was killed by a shot from the ram- parts, but the fort was defended with so much coolness and courage, that the enemy were not able to take it, or even essen- tially injure it. In lieu of victory they killed or drove off the greater part of the cattle in the neighborhood, a method of taking revenge by no means uncommon. Nehemiah How who was cutting wood about eighty rods from the fort when the enemy appeared, was taken by them, and no attempt was made to rescue him, as it would have endangered the lives of all in the garrison. As they were leading him away, by the side of the river, they perceived a canoe aj^proaching with two men. Firing, they killed one of them, David Eugg, but the other, Kobert Baker, made for the opposite shore and escaped. 36 niSTOKY OF EASTEKN TEEMONT. [1746. Both of these men, together with How, belonged to the garrison at the Great Meadow. Proceeding further they passed three other men, who, by skulking under the bank, reached the fort in safety. One of them was Caleb How, the prisoner's son. Arriving opposite to JSTumber Four the Indians compelled their captive to write his name on a piece of bark, and there left it. After travelling seven days westward, they came to a lake, where they found five canoes, with corn, pork, and tobacco. Tliey embarked in the canoes, and having stuck the scalp of David Rugg on a pole, proceeded to the fort at Crown Point, wdiere How received humane treatment from the French. Thence he was taken to Quebec, where he died. " He was," said Belknap, " a useful man, greatly lamented by his friends and fellow-captives." Not long after these occurrences the fort at the Great Meadow being evacuated, was destroyed or went to decay.* On the 28th of March, 1T46, the enemy made their appear- ance in the neighborhood of Fort Shirley, and until late in the autumn were scattered in small parties on all the frontiers. Several attempts were made by them to take the fort at Num- ber Four and some of the other garrisons in the vicinity by surjjrise, but in none were they successful. On the 2-4th of June, a party of twenty Indians killed William Robbins and James Baker,f while working in a meadow near Bridgman's Fort, wounded Michael Gilson and Patrick Pay, and took John Beemanij; and Daniel How prisoners, but not until the latter had killed one of his captors. So unsafe was travelling of every kind, that the settlers were obliged to go to the mills with a guard, whenever they wanted meal. On one occasion a party of twenty men who went from the west side of Con- necticut river to Hinsdell's mill in New Hampshire, with Col. Willard at their head, in searching round the mill discovered a party of Indians in ambush. A skirmish ensued, but the enemy were received with so much resolution, that they made a precipitate retreat, leaving their packs in the hands of "VVillard and his party. The defence of the western frontier of New Hampshire being not only hazardous but ineffectual, the govermnent of that province, instead of increasing the number of their forces, * Belknap's Hist. N. H., ii. 241. f Parker, in Ilbyt's Indian Wars, p. 236. \ Beamont, in Hoyt's Indian Wars, p. 236. lT-i6-17-iT.] MEASURES FOR DEFENCE. 37 refused to furnisli their regular quota. At the same time some persons in the north-western part of Massachusetts, deeming it inexpedient to be at the charge of defending a territory which was without their jurisdiction, petitioned the Assembly to with- draw their troops from that quarter. Governor Shirley endea- vored to prevail on the Assembly to keep garrisons in all these forts during the winter, but his eiforts were without success. The inhabitants, being without ^^rotection, were obliged to quit their abodes. Many of them deposited in the earth such of their effects as they were unable to carry, took with them such as were portable, and moved down the river, leaving their build- ings a prey to the enemy, who destroyed them, or carried away from them what they pleased. Some of the block-houses on the river, which were thus left exposed, were burned, and for several months Fort Dummer was the most northern post on that frontier provided with a garrison.* More effectual measures for the defence of the country were taken at the beginning of the year 1747, than had been adopted for some time previous. On the 17th of March, Governor Shirley presented to the General Court a message relative to the state of Fort Dummer, and the importance of its position, and advised that it should be garrisoned with a larger force than was ordinarily stationed there. Tliat body having voted in accordance with this recommendation, Brigadier-Gen. Joseph Dwiglit, by order of the governor, requested Lieut. Dudley Bradstreet to take the command of forty men, and with them garrison Fort Dummer, in place of the guard then stationed there. The request was obeyed, and the fort with its stores was, on the loth of April, delivered by Col. Josiali Willard into the hands of his successor. Bradstreet retained the charge of the fort for five months, at the end of which time it was again placed in the care of its former commander.f * III a letter from Col. Josiah Wiilard, of Fort Dummer, written probably in the year 1746, is a recommendation that a General Commander of the forces st.ationed north of Massachusetts be appointed. "lam willing," said he, "to take the office under the Hon. Col. Stoddard, and run the risque of obtaining pay from the government for my trouble." It does not appear that his advice was taken. — MSS. in office Sec. State Mass. liii. 193. \ Whether Bradstreet was incompetent to command the fort does not appear- Gen. Dwight, when informing him of his appointment, wrote, " You must take the most eft'ectual care to avoid any surprise from the enemy, for should that fort or any of your men be lost by any misconduct in you, it will be vastly dishonour- able." He was the son of the Rev. Dudley Bradstreet, who was " minister of the 38 HISTORY OF EASTEEN VERMONT. [1747. In tlie latter part of March of the same jear, Governor Shirley- ordered Capt. Phmeas Stevens with thirty men, being a por- tion of the levies which had been raised for an expedition against Canada, to take possession of Xumber Four, which had been without protection for more than two months, fears being entertained that it would either be burned or taken by the enemy. This movement was most fortunate. Hardly was the foi't garrisoned, when on the -ith of April it was attacked by a very large party of French and Indians, under the command of Monsieur Debeline. The siege continued during three days, and in that time thousands of balls were poured upon the f )rt, yet not one belonging to the garrison was killed, and two only were wounded. Debeline giving up all hopes of carrying the fortitication, reluctantly withdrew. His forces, however, con- tinued to hover about the frontiers in small parties, annoying all whom they chanced to fall in with. In admiration of the skill displayed by Stevens in this defence, Sir Charles Knowles, who happened at that time to be in Boston, sent him an elegant sword, and Number Four, when incorporated as a town in 1753, was called in honor of the commodore, Charlestown. During the remainder of the war, the garrison at Xumber Four was supported at. the expense of Massachusetts.* An alarm having been given in the month of July, that the enemy had taken and were fortifying a position upon or near Black river, Col. William WilHams, in pursuance of Gov- ernor Shirley's order, sent out a scouting party under the charge of Matthew Clesson, pilot, which went as far as Otter creek, but discovering no very significant signs of Indians, returned after an absence of twenty-one days. On the 24:th of August following, as twelve men were passing down Connecti- cut river from Number Four, they were surprised and attacked by the Indians. Nathan Gould and Thomas Goodall were killed and scalped, Oliver Avery was wounded, and John Henderson captured. Tlie rest escaped. A few days before Church of Christ" in Groton, Massachusetts, from 1*706-1712, and was born in that town, March 12, 1 701.— Butler's Hist. Groton, pp. 170, 390, 391. The stores which were left in the fort by Col. Willard, comprised the following articles : — " 2 Carriage guns and furniture ; 5 Patteraroes, one, exchisive of y^ five being burst, all which belonged to the Province stores of y* Truck Trade ; 12 Small fire anns ; ^ barrel cannon powder; 20 lbs. of other powder; 140 lbs. of lead ; A quantity of Flints ; One large iron pot." * For a more detailed account of the " Siege of K'umber Four," see Belknap's Hist K H., ii. 248-251, and Hoyt's Indian Wars, pp. 242-245. 1Y47-1748.] AIEASUKES FOR DEFENCE. 39 this occurrence, Jonathan Sartwell was captured at Hinsdale. Several others in the vicinity were killed by the Indians, who, lurking in small parties, when least expected would fall upon their victims, and usually with mournful success. In the fall of the year, they burned Bridgman's fort, kiUed several persons, and took others prisoners. In consequence of this last act, Col. John Stoddard, on the 22d of October, sent Capt. Seth Dwight with a force of thirty-six men in quest of the enemy ; but the search was unsuccessful, it being u^ual with the Indians to depart carefully, and with the greatest secresy and speed, when they had accomplished their object. In place of this fort, which was in more proper terms a fortified house, a similar building was soon after constructed. Later in the autumn several persons at Number Four were taken captive, but it was impossible to pursue the captors, as the garrison was not provided with snow-shoes, though many hun- dreds had been paid for by government. For the protection of the frontiers during the winter, a garrison of twenty men was continued at Fort Dummer, and another at Number Four. The block-houses were also better defended than they had been previously at this season of the year, and for these reasons those who remained were in greater security, and enjoyed a longer respite from the ravages of their foes, than they had done since the war was declared. In the month of February, IT-iS, the Massachusetts General Court directed the number of men at Forts Massachusetts and Number Four to be increased to one hundred at each place. Of these, a suitable force was to be constantly employed " to intercept the French and Indian enemy in their marches from Wood creek and Otter creek" to the frontiers ; and was- to be continued in the service until the first day of October following. Tlie commanding ofiicers were ordered to keep " fair journals" of their marches, and in order to excite the soldiers to vigilance and activity, the sum of one hundred pounds was ordered to be divided in equal j^arts among the officers and soldiers of any scouting party that might capture an Lidian, or produce the scalp of one they had killed. Capt. Stevens was again appointed commander of Number Four, and ^apt. Hobbs was ordered to the same post as second in ofiice.* * The number of officers allowed at this period to a company of fifty men, and the wages they received per month, were as follows : one captain, £4 ; one lieu- 40 HISTOKT OF EASTERN \-EKMONT. [1748. A report which was presented to the General Coiu't in February by CoL Willard of Fort Dnmmer, showed that lie had again made such repairs as were necessary to the comfort of his quarters, and had added two more swivels to its munitions. During this year the post of Chaplain at the fort was held by the Rev. Andrew Gardner.* In order to aiford the greatest protection possible, larger garrisons were stationed at Forts Shirley and Pelham, at Upper and Lower Ashuelot and Colrain, and at all the- stations or out-garrisous where it was deemed neces- sary. Tlie complement of men for Fort Dummer was fixed at twenty, but by the solicitations of Col. Willard was increased to thirty. Tlie first attack by the Indians this year was made at Number Four, on the loth of March. Twenty of them sur- prised eight of the garrison at a short distance from the fort. " Stevens sallied and engaged the enemy, and a sharp skirmish ensued." Charles Stevens was killed, Eleazer Priest captured, and J^athaniel Andross wounded. A post was immediately sent to carry the news to Fort Dummer, and warn the garrison of the danger to which they were exposed, l^othing was seen of the enemy during the next two weeks, but on the 29th of March a party of them attacked several of the men belonging to Fort Dummer, as they were working in an adjoining field. Lieut. John Serjeants, Corporal Joshua Wells, and Private Moses Cooper were slain, and Daniel Serjeants, son of the Lieut,, was captured and taken to Canada. A company, under the command of Lieut. Ebenezer Alexander, were soon after dispatched to the place of action, who buried the dead they there found, but could discover no further traces of the enemy. Much advantage having resulted on former occasions from watching the motions of the enemy, an exj^edition for this pm*- pose was projected during the spring by some of the ranging ofiicers, and was soon after accomplished. Preparations having been consummated, a scout of nineteen men, under the com- mand of Capt. Eleazer Melvin, marched on the 13th of May from Fort Dummer. Proceeding up Connecticut river as far as !Number Four, they were there j oined by Capts. Stevens and Hobbs, with a force of sixty men, and the whole party, on Sun- tenant, £3 Os. 9c?.; one clerk, £2 12s. 9d.; three sergeants, £2 12s. 9c?.; three corporals, £2 12s. 3c?. * A very interesting account of all that is kno\ra concerning this quaint and eccentric clergyman, may be found in that valuable ecclesiastical monograph entitled The AVorcester Pulpit, by the Rev. Elam Smalley, DD., pp. 31-42. 1748.] ATTACK ON CAPT. MELVIn's PABTT. 41 day the 15tli, at sunset, set out from Kumber Four on their hazardous enterprise. They followed the " Indian road" along the banks of Black river, but sometimes would lose it in fording streams and in traversing the forests where the ground was covered with a thick growth of underbrush. On reaching the mam branch of Otter creek, Capt. Melvin and his men, accord- ing to previous agreement, left the ]>arty, crossed the stream, and set out for Crown Point. Capt. Stevens and his men pur- sued their way down the east side of Otter creek. Capt. Melvin's party having met during the two following days with many indubitable signs of the enemy, came on the 23d to a large camp inclosed by a thick fence, where they found about twelve poimds of good French bread, and a keg, which from appearances had lately contained wine. Having arrived oppo- site to Cl'own Point on the 25th, they perceived two canoes with Indians on the lake, and imprudently fired uj)on them. The garrison at Crown Point, taking the alarm, fired several guns, and sent out a party to intercept them. Melvin and his party immediately started on their return, marching for three or four miles through a deep morass. On the 26th, they saw the tracks of a hmidred and fifty or two hundred of the enemy, who had evidently left that morning, having taken the course by which Melvin's party had reached Lake Champlain. Upon this they took a south direction, marched up the south branch of Otter creek, and on the 30th came upon a branch of West river. Pro- \'isions being very short, they began their march before sunrise on the 31st, and travelled until about half after nine o'clock in the morning. On the banks of West river, several of the com- pany being faint and weary, desired to stop and refresh them- selves. Having halted, they took oif their packs and began shooting the salmon, then passing up the shoals of the river. While thus engaged, the Indians, who, unknown to Melvin, were then in pursuit of him and his party, directed probably by the report of the guns, pressed forward, and suddenly opened a fire upon the incautious scout from behind the logs and trees, about thirty feet distant. Melvin endeavored to rally his men, who had been thrown into the greatest confusion by this unexpected attack, but was unsuccessful, for after firing one voUey, they retreated, some running up, some down the river, others cross- ing to the opposite side, and two or three escaping to a neigh- boring thicket. Desei'ted by his men, Capt. Melvin was left alone to defend himself. Several of the Indians attempted to 42 niSTOET OF EASTERN TEKMOXT. [iTttS. strike him with their hatchets, others tlirew them at him, and one of them, or a shot, carried awaj his belt, and with it liis bul- lets. He then ran do\\m the river, and was followed by two Lidians, who as they approached, called to him, " Come Cap- tain," " Now Captain." On pointing his musket at them, thej fell back a little, upon which he ascended the bank of the river, when they again fired at him. Gaining a side hill, commanding a view of the j^lace where the skirmish had taken place, he there sat down to watch for his men, and wait for the shout of the Indians, usually given when they have obtained a victory ; but not seeing the former, nor hearing the latter, he started for Fort Dummer, where he arrived on the 1st of June, about noon time- One of his men had come in a little before him, and eleven more arrived, though in several companies, in the course of a few hours. In this fight, five of Melvin's party, viz. Sergt. John Hey- wood, Sergt. Isaac Taylor, Privates John Dodd, Daniel Mann and Samuel Severance were killed outright, Joseph Petty was wounded, and his comrades being unable to take him with them in their flight, left him in a hut made with boughs, situated near a spring. Before departing, they placed beside him a pint cup fiUed with water, and told him " to live if he could" until they should return with assistance. On the 2d, Capt. Melvin, with forty-six men, left Fort Dummer for the place where the fight had occurred. Great search was made for Petty, but he was nowhere to be found. After having buried the dead above named, with the exception of Samuel Severance, whose body was not discovered until some time after, the party returned to Fort Dummer, having been absent about three days. On the 6th, Lieuts. Alexander and Hunt, with a large force, went again to search for Petty. In one report it is stated that he was found dead ; in another, that his body was never discovered. From the secresy used in concealing the bodies of their companions, it was impossible to determine the loss of the enemy. The fight is supposed by some to have taken place within the limits of the present township of jN^ew Fane, but it is more probable that the scene of the conflict was within the bounds of either Jamaica or Londonderry, the latter being the most likely, as the situa- tion corresponds best with that given by Capt. Stevens, viz. " thirty-three miles from Dummer, up "West river."* ♦ K H. Ilist Soc. ColL, v. 208-211. 1748.] AN AJMBUSCADE. 43 Capt. Stevens's party, who separated from Capt. Melvin's, as has been previously mentioned, passed down Otter creek a short distance, and then struck eastward in the hope of reach- ing White river. After travelling five days along one stream, which they crossed in one day thirty-five times, they reached its mouth and found it to be the " Quarterqueeche." Proceed- ing down the Connecticut on rafts and in canoes, they reached Isumber Four on the 30tli of May after an absence of two weeks. Having remained there a few days Capt. Stevens, with a force of sixty men, started on the 2d of June for Fort Dum- mer. Setting out about sunset they arrived there the next morning about three o'clock. A number of the inhabitants of Northampton, Hadley, Hatfield, Deerfield, JSTorthfield, and Fall Town, had already assembled to render such assistance as they could to Capt. Melvin, but on the appearance of Capt. Stevens with his men they returned to their homes. Stevens remained at Fort Dummer nearly two weeks, at the end of which time he returned in safety to Number Four with his men and a stock of provisions. On the 16th, the day after his return, a party of fourteen men, while on their way from Hinsdale in New Hampshire to Fort Dummer, fell into an ambuscade of Indians, and Jona- than French, Joseph Richardson, and John Frost were killed. Henry Stevens, Benjamin Osgood, "William Blanchard, Joel Johnson, Matthew Wyman, Moses Perkins, and William Bick- ford were made prisoners, of whom the latter died of a wound received in the encounter. Of the remaining four, one was wounded in the thigh and three escaped unhurt. On the fol- lowing day Capt. Ebenezer Alexander, who, with a party of sixteen, had been sent from Northfield to bring in the dead and wounded, discovered signs which led him to conclude that a great number of the enemy were scattered in small parties throughout that region of country. The prisoners, six in number, were taken to Canada, whence they all returned in the course of time. The stories of five of them, which have been preserved, may not be wholly uninter- esting. Henry Stevens Jr., of Chelmsford, at the time he was taken captive, was under the command of Col. Josiah Willard at Fort Dummer. After being plundered by the Indians of everything he had of value, he was carried to Quebec, where he arrived on the 1st of July after a journey of two weeks. There he lay in prison until the 27th of August, when he was 44 HISTORY OF EASTERN VERMONT. [1748. put on board a French man-of-war about to sail as a flag of truce to Cape Breton. On the passage from Quebec to Cape Breton, where he arrived about the middle of September, he was very sick of a fever, and, continuing so on landing, he was placed in the hospital, where he remained until the l-itli of October, when he took passage for New England, and reached his home on the 12th of November, after an absence of five months, having endured in that time many and severe hard- ships. Benjamin Osgood of Billerica, and WiUiam Blan chard of Dunstable, both belonging to the garrison at Ashuelot, under the command of Capt. Josiah Willard Jr., were taken as cap- tives to Canada, and after remaining there several months were permitted to return under a flag of truce. They reached their homes on the loth of October, but the former died soon after, from causes superinduced by the trials he had undergone. Joel Johnson, of Woburn, who in the month of March previous had been impressed as a soldier, also belonged to the garrison at Ashuelot. When captured he was stripped of most of his ap- j)arel, deprived of his gun, and when he arrived in Canada " suflfered great abuse by the Indians there in running the gauntlet.* He was released in September, and reached his home in the beginning of the following month, feeble, ema- ciated, and mifit for active labor. Matthew AVyman, of the * An incident in tlie life of General Stark furnishes an explanation of the term used in the text. It will be necessary to premise that John Stark and Amos Eastman had, on the 28th of April, 1*752, been taken prisoners by a party of St. Francis Indians, while hunting along the banks of Baker's river in Rumney, New Hampshire. The narrative then proceeds : " On the 9th of June, the party returned to St. Francis, where Stark rejoined his companion Eastman. They were compelled to undergo what is called the ceremony of running the gauntlet ; a use of that term which modern effeminacy would hardly admit. It was the universal practice of the North American Indians to compel their captives to pass through the 3'oung warriors of the tribe, ranged in two lines, each furnished with a rod, and when highly exasperated with deadly weapons — and to strike the prisoners as they passed. In the latter case, tlie captive was frequentlj" killed before he could reach the council house, at which the two lines of Indians ter- minated. On the present occasion, Eastman was severely whipped as he passed through the lines ; Stark, more athletic and adroit, and better comprehending the Indian character, snatched a club from the nearest Indian, laid about him to the right and left, scattering the Indians before him, and escaped with scarcely a blow ; greatly to the delight of the old men of the tribe, who sat at some distance witnessing the scene, and enjoying the confusion of their young warriors." — Eve- rett's Life of Stark, in Sparks's Library of American Biography, i. 9, 10; Memoir of General Stai'k, by his Son, pp. 174, iTo. 174:8.] FIGHT BETWEEN HOBBS AND SACKETT. 45 same garrison, after being relieved of his gun and liat, was treated in the same manner as his companions in affliction. Being exchanged he sailed for Boston, which port he reached in October, in company with Capt. Britt of !N'ewbmy, and more than forty other prisoners of war. While the condition of the frontiers was very unsafe, owing to the virulence of Indian enmity, and at a time when wise counsel and discretiouate zeal were most needed, Col. John Stoddard, of Northampton, who had been intrusted wuth the general superintendence of the defence of this portion of the country, and who for many years, by the faithful discharge of his various duties in public life, had well merited the praises he received, died while attending the General Court at Boston. Col. Israel "Williams of Hatfield, who had acted as Commis- sary under him, was chosen his successor ; and Major Elijah Williams of Deerfield, was appointed Commissary under John Wheelwright, the Commissary-General.* Soon after Col. Williams had entered upon the duties of his arduous office, Capt. Humphrey Hobbs, with forty men, was ordered from Number Four to Fort Shirley, in Heath, one of the forts of the Massachusetts cordon. Tlieir route lay through the woods, and the march was made for two days without any interruptions save those occasioned by natural obstructions. On Sunday, the 26th of June, having travelled six miles, they halted at a place about twelve miles north-west of Fort Dummer, in the precincts of what is now the town of Marl- borough. A large body of Indians who had discovered Hobbs's ti'ail had made a rapid march, in order to cut him off. Tliey were commanded by a resolute chief named Sackett, said to have been a half-blood, a descendant of a captive taken at Westfield, Massachusetts. Although Hobbs was not aware of the pursuit of the enemy, he had circumspectly posted a guard on his trail, and his men having spread themselves over a low piece of ground, covered with alders intermixed with large trees, and watered by a rivulet, had prepared their dinner, and were regaling themselves at their packs. While in this situa- tion, tlie rear guards were driven in from their posts, which was the first intimation given of the nearness of the enemy. With- out knowing the strength of his adversaries, Capt. Hobbs * Hoyt's Indian Wars, p. 249. 46 HISTORY OF EASTERN VERMONT. [1748. instantly formed his men for action, each one, by his advice, selecting a tree as a cover. Trusting in the superiority of their numbers and confident of success, the enemy rushed forward with shouts, but Hobbs's well directed fire, by which several were killed, checked their impetuosity and caused them to retreat for shelter behind the trees and brush. The action now became warm, and a severe conflict followed between sharpshooters. The two commanders had been kno^Ti to each other in time of peace, and both bore the character of intrepidity. Sackett, who could speak English, frequently called upon Hobbs in the tones of a Stentor, to sur- render, and threatened, in case of refusal, to destroy his men with the tomahawk. Hobbs, with a voice equally sonorous, returned the defiance as often as given, and urged his antago- nist to 23ut his threat into execution. Tlie action continued for four hours, Hobbs's party displaying throughout the most con- summate skill and prudence, and neither side withdi'awing an inch from its original situation. The Indians not unfrequently approached the line of their adversaries, but were as often driven back to their first position by the well directed fire of the sharp-sighted marksmen. Finding Hobbs determined on resistance, and that his own men had suflfered severely in the struggle, Sackett finally ordered a retreat, and left his opponent master of a well fought field. Hobbs's men were so well protected, that only three, Ebene- zer Mitchel, Eli Scott, and Samuel Gunu, were killed in the con- flict. Of the remainder, Daniel McKinney of 'U^rentham, Massachusetts, had his thigh broken by a ball from the enemy, and was thereby disabled for Hfe. Samuel Graves Jr. of Sunderland, Massachusetts, a lad seventeen years of age, " behaved with good resolution and courage, and well acquitted himself in his place, and stood his ground till he was unfortu- nately shot by a ball from the Indian enemy, which struck him near the middle of his forehead, went through part of his head and came out of the left side, almost over his ear, bringing with it almost two spoonfuls of his brains, by which unhappy accident his life was in very great danger and almost despaired of." " But through divine undeserved goodness," in the words of his memorial, " his life is continued, but under great difii- culty, by reason of fits of the falling sickness, which render him incapable of business." Nathan Walker, of Sudbury, 1748.] FIGHT BETWEEN HOBBS AND SACKETT. 47 Massachusetts, received a wound in the arm during the engage- ment, and Ralph Rice was also injured. Many of the enemy were seen to fall, particularly when they advanced and exposed themselves, and although their loss was midoubtedly great, yet so eti'ectuaUy did they conceal it, that it was impossible to determine its extent. After the Indians had disappeared, Capt. Plobbs and his men remained concealed until night, fearing another attack ; but there being no signs of the enejny, favored by the darkness they gathered their packs, took up the dead and wounded, and after burying the former under some old logs about half a mile from the scene of action, and conducting the latter — two of whom, Graves and Kinney, they were obKged to carry — to a more convenient place, about two miles distant, they encamped for the night. They arrived at Fort Dummer on the 27tli, at four o'clock in the afternoon, and sent the wounded to Northfield, where they could receive proper medical attention. Two days after, having received no answer to the expresses which had been sent to Iladley and Hatfield for assistance, Capt. Hobbs and Lieut. Sheldon, with forty-nine men, set out from Fort Dummer, about three o'clock in the afternoon, for the place where the fight had occurred. About simset hearing a gun fired in the rear, and at night a report in advance, then another in the rear, and the same repeated several times, they concluded they were discovered, and fearing an ambush, set out for the fort, where they arrived the next morning in safety a little after sunrise, and immedi- ately fired the " Great Gun," the signal for aid. In the fight between Hobbs and Sackett, according to the long established custom, whenever an Lidian fell, his nearest comrade stealthily approaching the body under cover of the trees and underbrush, would attach to it a tump line and cautiously drag it to the rear. Although the Indians sometimes exposed them- selves in this manner more than in regular combat, yet so skil- fully was the action performed that the dead bodies seemed to Hobbs's men to slide along the ground as if by enchantment.* The number of Sackett's force, though not known, has been estimated at the least as four times that of the English ; and it is probable that, had he known his numerical superiority, he * In his Dictionary of Americanisms, p. 366, Bartlett defines the Indian verb tump, " to draw a deer or other animal home through the woods, after he has been killed." According to the same authority a tumpline is " a strap placed across the forehead to assist a man in carrying a pack on his back." 48 HISTOET OF EASTERN VEKMOXT. [1748. would have adopted a different method of warfare. This battle was regarded by the people in the vicinity as a mastei-piece of persevering bravery, and served, to a certain extent, to remove the unfavorable impression produced by the defeat of Melvin's scout. " If Ilobbs's men had been Romans," observes one wi'iter, " they would have been crowned with laurel, and their names would have been transmitted with perpetual honor to succeeding generations."* The enemy still continued their depredations on the frontiers, and, in the early part of July, killed at Ashuelot ten or eleven head of cattle, and drove off all the rest they could find in the neighborhood. On the 14tli of the same month, as ten men were travelling from ISTorthfield to Ashuelot, by the way of Fort Dummer, in order to supply the place of the ten who had been killed or captured the month before, they being in company with some other soldiers who belonged to Fort Dummer and to Capts. Stevens and Hobbs's companies, the whole party, seventeen in number, were fired upon by a body of French and Indians, who had ambushed their path, about half a mile from Fort Dummer, within a few rods of the spot where the former conflict had taken place. Although they had taken the pre- caution to keep out an advanced guard on each side of the path, while on their march, yet so suddenly were they waylaid, and by a force numerically so much their superior, that more than a hundi'ed bullets were discharged at them, before they had time to reload after the first fire. They immediately fled for shelter to the bank of the river, but were pursued and overcome after a short skirmish. The interposition of Connecticut river, the small number of the men at Fort Dummer, sixteen only, half of whom were by sickness unfit for duty, rendered it impossible for the garrison there to relieve their friends, or pursue the enemy. Some of them, however, ran down the river, and discovering on the other side a wounded man, and another endeavoring to escape to the fort, they guarded them up and over the river to their place of destination. Two others turned back and reached Col. Ilinsdell's fort in safety. The " Great Gun" at Fort Dummer was fired, but only three persons that night responded by their presence to this signal for assistance. * MS. papers in office Sec. State, Mass. Iloyt's Induin Wars, pp. 249-2.51. Dwight's Travels, ii. 81. 1748.] SCOUTING EXPEDITIONS. 49 The news of the conflict having reached Kumber Four on the 15th, Capt. Stevens with thirteen men, Lieut. Hoit with thirty, and Lieut. Bills with more than twenty, immediately set out for Northfield. On the next day, Capt. Leeds and Lieuts. Stratton and Sheldon joined Capt. Stevens, and the whole force, amount- ing to one hundred and twenty-nine men, including officers, marched to the spot where the conflict had taken place. They found there the dead bodies of Asahel Graves of Hatfield, and Henry Chandler of Westford, entirely stripped of arms and clothing. Having performed the rites of burial, and being joined by Col. Willard, of Fort Dummer, for whom they had sent, they followed the enemy's track a mile further, and dis- covered the bodies of Joseph Rose of Korthfield, and James Billings of Concord. It was supposed that these men had been wounded in the fight, and being too much exhausted to proceed further with their captors, had been summarily dispatched. They also found the body of a soldier who had been slain in the former encounter. Returning to Fort Dummer, they were soon after joined by several of the inhabitants of Northampton, Had- ley, Hatfield, and Sunderland, who had received orders from Col. Porter and Major "Williams to " scour the woods." On the 17th, a consultation was held at Hinsdell's Fort, where Capt. Leeds was then stationed. It was determined that Capt. Stevens, who had the command of the whole party, should examine the woods in the neighborhood, and discover, if possible, the inten- tions of the enemy. Returning in the afternoon to Fort Dum- mer, it being Sunday, Mr. Gardner, the chaplain, in view of the disastrous events which had lately occurred, and the surprises with which these occurrences had invariably commenced, preached from the Revelation of St. John, the third chapter and third verse, " If therefore thou slialt not watch, I will come on thee as a thief, and thou shalt not know what hour I will come upon thee." On Monday, the 18th, Capt. Stevens, with one hundred and twenty men, set out on the scouting expedition which had been planned the day previous. After visiting the spot where Hobbs's fight had occurred, burying the dead they there found, and following the enemy some distance, whom, however, they were not able to overtake, they returned on the 20th, reaching Fort Dummer at noon. "What the loss of the French and Indians was on this occasion, as on all former occasions, it was impossible to determine. 4 50 HISTORY OF EASTERN VERMONT. [1748. That two Indians were slain was certain, and it was probable that more were killed or wounded, as the soldiers faced and fouglit them at the first onset, and the scouts afterwards discovered the places where four biers or litters had been cut and prepared. Eobert Cooper, one of the men who escaped to Fort Dummer, was wounded in his left side in two places, and his arm and one of his ribs were severely fractured. He remained at the fort under the care of Andrew Gardner, who was " chyrur- geon" as well as chaplain, until February of the next year, by which time he had recovered sufficiently to warrant his remo- val to a more comfortable place. Although nine were taken prisoners, yet that they did not submit very readily, will be seen from the following incident : John Henry, of Concord, after being wounded and having re- ceived seven bullets in his clothing, succeeded in escaping to a neighboring thicket, where he might have remained in safety, being entirely concealed. But happening to see an Indian seize one of his feUow-soldiers at a Httle distance from his place of retreat, he ran up within a few feet of the Indian and shot him through the body, whereupon a number of the enemy sur- rounded him, whom he engaged with his gun clubbed until it was broken in pieces, upon which he was obliged to surrender. During his captivity, he was barbarously used by the Indians, probably on account of the spirited resistance with which he had opposed them. Ephraim Powers of Littleton, and John Edgehill of Lexington, the latter an apprentice to Jacob Pike of Framingham, were, both of them, stripped of their clothing, arms, and ammunition, and the former also received a wound in the head. After their return from Canada, they were for a long time incapable of any labor on account of the hardships and suiferings they had undergone. The other captives were Sergt. Thomas Taylor of l^orth- field, Jonathan Lawrence Jr. of Littleton, Reuben Walker of Chelmsford, Daniel Farmer of Granton, Daniel How of Cam- bridge, and Thomas Crisson of Rutland. Most of them were young men, and some of them had been impressed into' the ser- vice, as was the custom of the times, when a sufficiency of sol- diers could not' be obtained by regular enlistment. They lost everything of value which they had with them, and were, with the others before mentioned, taken to Canada, where they were sold to the French, who retained them until the 1st of October when they were released and allowed to return home. 1748.] KOUTE OF THE INDIANS TO CANADA. 51 The route pursued by tlie Indians in reaching Crown Point on their way to Canada, is thus described by Sergt. Taylor, one of the captives : " They crossed the Connecticut at a place then called Catts-bane, two or three miles above the mouth of West River, which they fell in with at the lower fork ; thence proceeded up that river, part of the way on the flats, over the ground where Capt. Melvin's aftau* happened^ three or foui* miles below the upper fork ; thence to the source of the river, and over the high lands to Otter Creek ; thence down this creek several miles, and crossing, proceeded to Lake Champlaiii about twelve miles south of Crown Point, whence they proceed- ed in canoes to that post. The enemy carried several of their wounded, and were joined on the route by another body with a prisoner, Mrs. Fitch, taken at Lunenburgh. The Indians halted in the middle of the forenoon, at noon, and the middle of the afternoon — their march, twenty miles per day."* The General Court of Massachusetts, in view of the services rendered, gave especial rewards to Sergt. Taylor, to the three of his companions who were the greatest sufferers, and to the representatives of those who were slain. This calamity, and the others which had preceded it, aroused the attention of Massachusetts to the necessity of a more effi- cient defence of the frontier settlements. Brig.-Gen. Joseph Dwight wrote to Secretaiy Willard, of Massachusetts, on the * Hoyt's Indian Wars, p. 251. In the year 1Y39, John Fitch purchased one hundred and twenty acres of land, situated about seven and a half miles above the meeting-house in Lunenburgh, Massachusetts, where he built a house and culti- vated a farm. For a defence against the enemy, he afterwards erected a block- house, at which scouting parties were accustomed to rendezvous. On the 5th of July, 1748, there being but two soldiers with him, the enemy appeared, shot one of them, and drove Fitch and the other into the garrison. After besieging the garrison about an hour and a half, the other was shot through the porthole in the flanker. Fitch being left alone and unable longer to resist, was taken prisoner with his wife and five children. The Indians, after possessing themselves of such things as they wished, burned the house and garrison, and set out with their cap- tives for Canada. It is probable that the party separated before reaching Crown Point, since Sergt. Taylor, in mentioning the arrival of Mrs. Fitch, makes no re- ference to her husband, who was probably in another company. The youngest of the children was not weaned, and two of the others, from want of provisions, be- came nurslings on the way. After a wearisome march, they reached their place of destination, but were not obliged to remain long in captivity, being allowed to return home early in the following fall. Having reached New York, they set out for Massachusetts by the way of Rhode Island ; but Mrs. Fitch, wearied by the long journey she had just accomplished, and overcome by her sufferings, died at Providence. 52 HISTORY OF EASTERN VERMONT. [1Y48. 16th of July, praying for a " thousand men to drive the woods and piu'sue the enemy to Grown Point ;" also, for several troops of horse. He also proposed, that other means than those which had been heretofore used, should be tried to enlist soldiers, and that £1000 should be paid for every Indian killed, the scalp to be a sufficient order for the reward. Col. Israel "Williams of Hatfield also wrote to Governor Shirley, on the 16th, advising that twenty or thirty of the Six nations of Indians should reside at Kumber Four and at Fort Massachusetts. Their presence, it was urged, would ward oif the attacks of the enemy. Gol. Josiah "VVillard, of Fort Dummer, in a letter written on the 19th, said : " Ever since Number Four above us has been so mantled,* they (the Indians) press exceeding hard upon Fort Dummer and Mr. Hinsdell's garrison, both which are very weak-handed. My business of procuring stores obliges us to go out, and having but sixteen men in y* fort, we are exceed- ingly exposed." His son, Major Josiah "Willard, of Ashuelot, in a letter dated a few days previous, complained of the scarce- ness of provisions at Number Four. In answer to these various communications, Governor Shirley ordered Col. WiUard to detain twenty men of the garrison of Number Four at Fort Dummer, for a short time while the enemy were near ; and it appears that Capt. Thomas Buckmin- ster, with forty-seven men, was stationed there from the 6th to the 20th of August. The incursions of the Indians during the remainder of the year, were neither numerous nor extended. On the morning of the 23d of July, a little before sunrise, six Indians having attacked Aaron Belding, killed and scalped him on the main street in Northfield. The inhabitants were generally in bed, but on hearing the alarm arose as fast as possible, and hurried to the spot. The Indians had, however, made good their escape, and though they were hotly pursued, yet it was to no purpose. An attack on Fort Massachusetts was the last hostile act of the enemy for the year. Suitable provision was made for main- taining the principal forts during the coming winter ; and by the special advice of Governor Shirley, fifteen men were sta- tioned at Fort Dummer, and five at HinsdeU's Fort, there to remain for seven months from the 20th of November. * CoTered, guarded or protected. CHAPTER III. FKONTIER LIFE. Preparations for Defence — Life of the Frontier Settlers — Soldiers' Quarters — Diversions of Spring, Summer, Autumn, Winter — Effects of a Declaration of War — Grants of Townships on Connecticut River by Massachusetts — Number One or New Taunton — Conditions of a Grant — First Settlement of New Taunton, now Westminster — The place abandoned — Re-settled — Proposition to Settle the Coos Country — John Stark — Convention at Albany — Incursion at Charles- town — Birth of Captive Johnson — Inscription commemorative of the Cir- cumstance — Other Depredations — Defences — The Great Meadow — Its Settle- ment — Partisan Corps — The Life of a " Ranger" — Continuation of Incursions — Attack on Bridgman's Fort — Captivity of Mrs. How — Attack near Hinsdale's Fort — DisDute as to the Maintenance of Fort Dummer — Death of Col. Ephraim Williams. The peace of Aix-la-Chapelle, concluded on the IStli of October, 1748, and proclaimed at Boston in January, 1749, although it put an end to the war between England and France, did not immediately restore tranquillity to the colonies. Early in the next year, hostile Lidians began as usual to hover around the frontier settlements, and on the 20tli of June, a party of them in ambush shot Ensign Obadiah Sartwell, of Number Four, as he was harrowing corn in his house-lot, and took captive Enos Stevens, son of the renowned captain. About the same time Lieut. Moses Willard, in comj^any with his two sons and James Porter Jr., discovered at the north of "West river mountain five fires, and numerous Indian tracks ; and as Mr. Andros was going from Fort Dummer to Hinsdell's gar rison, he saw a gun fired among some cattle as they were graz ing but a short distance from him. These indications were enough to awaken suspicions of a bloody season, and the Gene- ral Court accordingly enlisted a force of fifty men to serve as scouts between Northfield and Number Four, having theii* head-quarters at Fort Dummer and Col. Hinsdell's garrison, 54 HISTORY OF EASTERN VERMONT. [1749. and being under the command of Col. Oosiali Willard. They continued on this service from tlie 26th of June to the ITth of July, and were then dismissed, it appearing that the enemy had removed from that portion of the country. Although hostili- ties had ceased, and notwithstanding a treaty of j)eace was concluded with the Lidians at Falmouth in the month of Sep- tember following, yet the forces were not wholly withdrawn from the frontiers. A garrison of fifteen men, afterwards reduced to ten, was continued at Fort Dummer from Septem- ber, 1749, to June, 1750, and the same number of men was stationed respectively at Number Four and Fort Massachusetts during the same period. Throughout the whole of this war, the Indians were gene- rally successful in their attacks upon the whites, and yet there were no instances in which deliberate murder was committed, or cruel tortm-e inflicted on those who fell into their hands. On the contrary, their captives were always treated with kind- ness ; blankets and shoes were provided to protect them from the inclemencies of the weather, and in case of a scarcity of provisions the vanquished and victor shared alike. Civilization in this part of the country, even if it had not retrograded during these struggles, had made but httle advance, and many of the settlements which had been commenced before the war, were wholly abandoned during its progress. The people not belonging to the garrisons and who still remained on the frontiers, Hved in fortified houses which were distin- guished by the names of the owners or occupants, and afi^orded suflicient defence from the attacks of musketry. The settler never went to his labors unarmed, and were he to toil in the field would as soon have left his instruments of husbandry at home as his gun or his pistols. Often was it the case, that the woods which surrounded his little patch of cleared ground and sheltered his poor but comfortable dwelling, sheltered also his most deadly enemy ready to plunder and destroy.* * The fortified houses were in some instances surroiinded with palisades of cleft or hewn timber, planted perpendicularly in the ground, and without ditches. The villages were inclosed by larger woi'ks of a similar style. Occasionally, flanking works were placed at the angles of fortified houses, similar to small bas- tions. " A work called a mount was often erected at exposed points. These [mounts] were a kind of elevated block-house, affording a view of the neighbor- ing country, and wliere they were wanting, sentry-boxes were generally placed upon the roofs of houses." — Iloyt's Indian Wars, p. 185. 1749.] LIFE OF THE FRONTIER SETTLERS. 55 Solitary and unsocial as the life miglit seem to be which the soldiers led in the garrisons — distant as they were from any but the smallest settlements, and liable at ahnost any moment to the attack of the enemy — yet it had also its bright side, and to a close observer does not appear to have been wholly devoid of pleasure. The soldiers' quarters were, for the most part com- fortable, and their fare, though not always the richest, was good of its kind. Hard labor in the woods or field, or on camp duty, afiforded a seasoning to their simple repast, the piquancy of which effeminate ease never imagined. Those who kept watch by night, rested by day, and none, except in times of imminent danger, were deprived of their customary quota of sleep. In the spring, when the ground was to be ploughed and the grain sown, with a pro]3er guard stationed in different parts of the field, the laborers accomplished their toil. In the pleasant afternoons when the genial sunshine was bringing out " the blade, then the ear, after that the full corn," a game at ball on the well trodden parade, or of whist with a broad flat stone for a table, and a knapsack for an easy cushion, served either to nerve the arm for brave deeds, and quicken the eye with an Indian instinct, or to sharpen in the English mind that principle, which nowadays has its full development in Yankee cunning. Pleasant also was it to snare the unsuspecting salmon as he pursued his way up the river; exciting to sj)ear him, when endeavoring to leap the falls which impeded his advance. The grass ripened in the hot summer's day, and the crop was carefully gathered, that the " kindly cow" might not perish in the long winter, and that the soldier might occasionally renew his homely but healthful bed of hay. By and by, when the golden silk that had swayed so gently on the top of the tall stalk, turning sere and crinkled, told that the maize with which God had supplied the hunger of the Lidian for ages, was ready to yield nourishment to his bitterest enemy the white, then for a while was the sword exchanged for the sickle, and the shouts of harvest-home sounded a strange contrast to the whoop of the foeman. And then at the husking, no spacious barn which had received the golden load, beheld beneath its roof the merr}- company assembled for sport as well as labor, but when gather- ed in knots of three or four, or it might be a half dozen, as they stripped the dried husk, and filled the basket with the full ears, or cast the dishonored nubbins in some ignoble corner, who doubts that their thoughts wandered back to the dear delights 66 HISTOKT OF EASTERN VERMONT. [1749. which even the puritan customs of the old Bay Province had allowed them to enjoy, and that their minds lingered around the pleasant scenes of bygone days, until fancy had fiUed the picture to which reality had given only the frame. This also was the season when the deer furnished the best venison, and the bear the richest tongue and steak ; and when there was no enemy near, to be attracted by the sound, the click of the rifle was sure ]3remonition of a repast, which had it not been for the plainness of its appointments, would have been a feast for an epicure. AVhen winter had mantled the earth, then did the old woods, which had stood for ages undisturbed, feel the force of the sturdy blow, and many a noble oak yielded up its life, that the axe which wounded it might be new-handled, the fort repaired where time and the enemy had weakened it, and the soldiers warmed when benumbed by cold and exposure. Tlien, too, would they prepare the trap for the big moose, or on snow- shoes attack him on his own premises ; and when the heavy carcass arrived piecemeal at its destination, its presence spoke of plenty and good cheer for a long season. On the Sabbath, if the garrison was provided with a chap- lain, what themes could not the preacher find suggestive of God and goodness ? The White Hills on one side, and on the other the Green Mountains, pointed to the heaven of which he would sj)eak, and emblemized the majesty of him who reigned there. The simple wild wood flowers taught lessons of gentle- ness and mercy ; and when the hand of the foe had destroyed the habitation, and widowed the wife, and carried the babes captive ; when the shriek at midnight, or in the day-time the ambush in the path, told of surj^rise or insecurity, with what pathos could he warn them of " the terror by night," of " the arrow that flieth by day," of " the destruction that wasteth at noonday," and urge upon them the necessity of preparation not only temporally but for eternity. Joyful was the hour when the invitation came to attend the raising of some new block-house, or of a dwelling within the walls of a neighboring garrison. As timber rose uj)on timber, or as mortise received tenon, and mainpost the brace with its bevel jointjtumultuously rose the shouts and merrily passed the canteen from mouth to nwuth with its precious freight of rum or cider. And when the last log was laid, or the framework stood com- plete, foreshadowing the future house in its skeleton outline, 1749.] GAKRISON-LIFE. 57 then how uproariously would the j oiliest of the party in some rude couplet give a name to the building, and christen it by breaking the bottle, or climbing to the top, fasten to the gable end the leafy branch, while his companions rent the au* with their lusty plaudits ! Great was the pleasiire when the watchful eye of the officer detected the di-owsy sentinel ' sleeping on guard. Forth was brought the timber-mare, and the delinquent, perched on the wooden animal, expiated his fault amid the jeers of his more fortunate comrades. When the black night had enshrouded all objects, with what terror did even brave men hear the hos- tile whoop of the Indian, or with what anxious attention did they listen to the knocking of some bolder warrior at the gate of their garrison, and how gladly did they hail the approach of hght, driving with its presence fears which the darkness had magnified in giant proportions. And when thus much has been said of the pleasures and of the better feelings appertaining to garrison-life, all has been said. In many instances the soldier impressed into the service was forced to fulfil an unwilling duty. Sometimes the wife or the mother accomj)anied the husband or son, and shared volun- tarily his humble fare and hard lot. Yet there was then but little attention paid to the cultivation even of the more common graces of society, and the heart " tuned to finer issues" found but little sympathy in the continuous round of the severest daily duties. "When a war was declared between England and France, the hostile forces of those countries, on the sea or on the land, in decisive battles determined for a time, at least, the condition of either nation. But when the war was proclaimed at Boston, a series of border depredations, beginning perhaps in the slaughter of an unsuspecting family at midnight, varied with numerous petty but irritating circumstances, every act closing with an ambush attack, and a wild foray composing the conclusion, such was the result in the colonies, such was the drama, a drama of tragedy and blood. Cruelty on the one hand begat cruelty on the other, until large sums were paid by the whites for the captive Indian, or for the bloody scalp of the murdered one. And yet, on the part of the English in America, the war was not one of retaliation. They prepared their forts and their garrisons, it is true, and sent forth their scouting parties in every direction ; but by the former means did they attempt to 58 HI8T0EY OF EASTERN VERMONT. [173.5-1T51. repel tlie attacks of invaders, and by the latter to drive them without their boundaries. The history of the natural, inherent rights of the Indian, involves an argument too deep for these narrative pages. Still there is no one who can question the right of the settlers to defend their property, though it might be unwittingly placed on the land claimed under the law of nature, by which the Indian demanded ^as his own territories, those on which he had hunted, and as his streams those in which he had fished, and on which he had paddled his canoe. Many petitions having been presented to the General As- sembly of Massachusetts, in the year 1T35, praying for grants of land on the Connecticut and Merrimack rivers, that body, on the 15th of January, 173f, ordered a survey of the lands between the aforesaid rivers, from the north-west corner of the town of Rumford on the latter stream to the Great Falls on the former, of twelve miles in breadth from north to south, and the same to be laid out into townships of six miles square each. They also voted to divide the lands bordering the east side of Connecticut river, south of the Great Falls, into townships of the same size ; and on the west side, the territory between the Great Falls and the " Equivalent Lands " into two town- ships of the same size if the space would allow, and if not into one township. Eleven persons were appointed to conduct the survey and division. Twenty-eight townships were accordingly laid out between the Connecticut and Merrimack rivers, and on the west bank of Connecticut river township I^umber One, now "Westminster, was surveyed and granted to a number of persons from Taunton, Norton, and Easton in Massachusetts, and from Ashford and Killingly in Connecticut, who had petitioned for the same.* The terms upon which the grant of Number One and of the other townships, was made, were these. Each settler was required to give bonds to the amount of forty pounds as security for performing the conditions enjoined. Those who had not within the space of seven years last past received grants of land were admitted as grantees ; but in case enough of this class could not be found, then those were admitted who, having received grants of land elsewhere within the specified time, had fulfilled the conditions upon which 'they had received them. The grantees were obliged to build a dwelling-house * See Appendix C. 1735-1751.] ERECTION OF LIILLS. 59 eigliteen feet square and seven feet stud at the least, on their respective house lots, and fence in and break up for ploughing, or clear, and stock with English grass five acres of land, and cause their respective lots to be inhabited within three years from the date of their admittance. Thej were further required within the same time to " build and furnish a convenient meet- ing-house for the public worship of God, and settle a learned orthodox minister." On failing to perform these terms their rights became forfeit, and were to be again granted to such settlers as would fulfil the above conditions within one year after receiving the grant. Each township was divided into sixty- three rights — sixty for the settlers, one for the first settled minis- ter, another for the second settled minister, and the third for a school. The land in township Number One was divided into house lots and " intervale " lots, and one of each kind was included in the right of every grantee. As to the remainder of the undivided land, an agreement was made that it should be shared equally and alike by the settlers when divided. Capt. Joseph Tisdale, one of the principal grantees of l^umber One, having been empowered by the General Assem- bly of Massachusetts, called a meeting of the grantees at the school-house in Taunton, on the 14th of January, 173^. A committee was then appointed to repair to the new township for the pui*pose of dividing the land, according to the wishes of the grantees. They were also required to select a suitable place for a meeting-house, a burying-place, a training field, sites for a saw mill and a grist mill, and to lay out a convenient road. The jDroprietors held a number of meetings, sometimes at Capt. Tisdale's, at other times in the old school-house, and not unfrequently at the widow Ruth Tisdale's. A sufficient time having elapsed, the allotment of the sixty-three rights was declared on the 26th of September, 1737, and proposals were issued for erecting a saw mill and a grist mill at Number One, which was now familiarly called New Taunton, in remembrance of the town where the majority of the proj^rietors resided. At the same time, a number of the proprietors agreed to undertake the building of the mills, and by the records of a meeting held July 8th, 1710, it appeared that the saw mill had been built, and that means had been taken to lay out a road from it to the highway. Other improvements were made at this period by Richard Ellis and his son Reuben of Easton, who having purchased eight rights in the new township, built there a t 60 HISTOKT OF EASTERN VERMONT. [ITSo-lYSl. dwellmg-honse, and cleared and cultivated several acres of land. Some of the settlers were also engaged at the same time in laying out roads and constructing fences, who, on their return to Massachusetts, received gratuities for their services from the other proprietors.* The grantees were preparing to make other improvements, having in view particularly the construction of a road to Fort Dummer, when, on the 5th of March, 1740, the northern bound- ary line of Massachusetts was settled. On finding by this decision that Number One was excluded from that province, they appointed an agent on the 5th of April, 1742, to acquaint the General Assembly of Massachusetts of the difficulties they had exjDcrienced, and of the money and labor they had expend- ed in settling their grant, and to ask from that body directions by which they might firmly secure their rights, although under a diflerent jurisdiction. The meeting at which this appoint- ment was made, was probably the last held by the proprietaries under Massachusetts, and there is but little doubt that the settlement was abandoned upon the breaking out of the " Cape Breton War." * At a proprietors' meeting held ia Taunton on Tuesday, December 2d, 1740, the following appropriations were made: — " To Mr. Richard Ellis who in a great measure as to us appears, built a dwell- ing-house, and broke up five or six acres of land, voted to be paid and allowed by said proprietors for both years' service, 1739 and 1740, the sum of £45 " Voted to be paid Lieut. John Harney for himself and hand in y« year 1739, £10 " Voted to be paid James Washburn for his service, and part of the team, £10 " Voted to be paid Mr. Joseph Eddy for himself and one hand, and one third part of the team, £15 "Voted to be paid Seth Tisdale for his labour, 1739, . . .£500 " Voted Jonathan Harney y* 2d, to be paid, . . . .£500 " Voted to be paid Jonathan Thayer for his service in the year 1740, on said township, £10 £100 0" Extract from Records of Township 'So. 1. under Massachusetts. In the list of the proprietors of Number One, dated November 19th, 1736, appear the names of Joseph and Jonathan Barney of Taunton. There is a tra- dition tliat one Barney came to New Taunton as early as the year 1749, that he built there a house, and erected the frame of a saw mill. When driven away by the Indians, it is said that he previously took the precaution to bury the mill irons. A certain stream in the town bore for many years the name of Barney Brook, and Barney Island, in Connecticut river, was for a long time used for farming purposes by the early settlers. 1751-1754.] NUMBER ONE KE-GRANTED. 61 In the spring of the yecar 1751 John Averill, with his wife, and his son Asa, moved from Northfield, in Massachusetts, to Number One. At that time there were but two houses in the latter place. One of these, occupied by Mr. Averill, was situ- ated on the top of Willard's or Clapp's hill, at the south end of the main street. The other below the hill, on the meadow, and imoccupied, was probably the house built by Mr. Ellis and his son in 1739. In the house into which Mr. Averill moved there had been living four men, one woman, and two children. The men were William Gould and his son John, Amos Carpenter and Atherton Chafiee. Of these, Gould and Carpenter moved their families from Northfield to Number One during the sum- mer of the same year. The first child born in Westminster was Anna Averill. Her birth took place in the autumn of 1751. On the 9th of November, 1752, Governor Benning Went- worth, of New Hampshire, re-granted Number One, and changed its name to Westminster. The first meeting of the new grantees was held at Winchester, New Hampshire, in August, 1753, at the house of Major Josiah Willard, whose father. Col. Josiah Willard of Fort Dummer, was at the time of his death, by purchase from the original Massachusetts gran- tees, one of the principal proprietors of Number One.* A subsequent meeting was held at Fort Dummer, in the same year, at which permission was given to those 23roprietors who had purchased rights under the Massachusetts title and then, held them, of locating their land as at the first. Further opera- tions were suspended by the breaking out of the French war, and the families above enumerated were the only inhabitants of Westminster until after the close of that struggle.f ■ Although the treaty of Aix-la-Chapelle, as well as that w^ith the Indians at Falmouth, had promised a respite from the bloody scenes of border warfare, yet the government of Massa- chusetts, knowing well the treachery of those with whom they had to negotiate or contend, still retained their forces on the frontiers. :{: Difficulties had already arisen in the eastern quar- * Deeds conyeying to him twelve of the original rights are on record. f See Appendix D. ^ From the 21st of June, 11 50, until the 20th of February, 1*752, Fort Dummer •was garrisoned with ten men; fifteen were stationed at Fort Massachusetts, and the same number at Number Four. The pay allowed at this period was: to a captain, £2 2s. 8d. ; to a lieutenant, £1 128. i^d. ; to a sergeant, £1 8«. Id. ; to a corporal, £1 8s. Od. ; to a private sentinel, £1 Is. 4i. 62 HISTORY OF EASTERN VERMONT. [1T51-1Y5J:. ters of New England, and from a letter written by Col. Israel "Williams on tlie 31st of July, 1750, it would appear that the Indians were at that time expected also on the western frontier. But the season passed without any interruption from the ene- my. On the 8th of December following died Col. Josiah Willard, who had been for so long a time the able and efficient commander of Fort Dummer, and was succeeded on the ISth by his son Major Josiah Willard, who had formerly had the charge of a garrison at Ashuelot. Intelligence having reached Boston, in August, 1751, that a number of the Penobscot tribe had joined the St. Francis In- dians with the design of attacking the frontier settlements, Col. Israel WilHams was ordered to apprise the garrisons at Num- ber Four, Forts Dummer and Massachusetts, of their danger. The necessary measures of defence were accordingly taken, and in consequence of this vigilant activity, no incursions were made during this summer. A plan was projected about this period of establishing a military settlement on the rich inter- vals at Coos, extending south from Canada, a considerable dis- tance on both sides of Connecticut river. Many engaged in the enterprise, and in the spring of 1752 a party was sent to view Coos meadows, and lay out the townships. The Indians who claimed this territory, noticing these movements, sent a delega- tion from their tribe to Charlestown and informed Capt. Stevens that they should resist by force any attempt to carry the plan of a settlement into execution. Governor "Wentworth having heard of their determination, deemed it best not to ii*ritate them, and the design was reHnquished.* On the 28th of the following April, ten or twelve of the St, Francis Indians surprised four men who were hunting on Baker's river, a branch of the Merrimack. Amos Eastman and the subsequently-distinguished John Stark were made prisonei's. "William Stark, a brother of the latter, escaped, but David Stinson, his companion, was killed. By the way of Connecticut river and by portage to Lake Memphramagog, the captives were carried to the Indian country. Stark was at first treated with great severity, but was subsequently adopted as a son of the Sachem of the tribe, and was so much caressed by his cap- tore that he used often to observe, " that he had experienced more genuine kindness from the savages of St. Francis, than he * Po-wers's Coos Coontiy, pp. 10-13. Belknap's Hist N. H., ii. 278, 2^9. 1752-1754.] TKEATT WITH THE INDIANS. 63 ever knew prisoners of war to receive from any civilized nation."* In February, 1752, the General Court believing that the fron- tiers were comjDaratively secm-e, reduced the garrison at Fort Dummer to five men. In this condition it remained under the command of Josiah Willard, to whom a sergeant's pay was allowed, until January, 1754, when the same body voted that, " from and after February 20th next, no further provision be made for the pay and subsistence of the five men now posted at Fort Dummer, and that the Captain General be desired to direct Major Josiah Willard to take care that the artillery and other warlike stores be secured for the service of the govern- ment." Notwithstanding this vote, the same force and the same commander were continued until the following Septem- ber. The year 1753 was one of comparative quiet. Settle- ments multiplied and immigration increased. But in a coun- try, the power of whose masters had only been checked, no- thing but temporary peace could be expected. A short respite from the barbarities of a savage warfare, was sure to be follow- ed by a long period of melancholy disasters, l^or was the pre- sent instance an exception to the rule. Tlie encroachments of the French on the Ohio, and the renewal of hostilities by the Indians on the frontiers of JSTew England, manifested the pre- sence of a disposition as fierce and warlike as that which had preceded the struggles of former years. On this account the home government ordered the colonies to place themselves in a state of preparation, and counselled them to unite for mutual defence. In compliance with this advice. Governor Shirley proposed to the governors of the other provinces to send dele- gates to Albany, to draw up articles for a protective union and hold a treaty with the Six nations. His proposition was adopted. Delegates from seven provinces met at the convention on the 19th of June, 1754. A treaty was concluded with the Indians, and on the 4th of July, twenty-two years before the Declaration of American Independence, a plan for the union of the colonies was agreed on. Copies of the plan were sent to each of the pro- vinces represented, and to the King's Council. By the pro- vinces it was rej ected, " because it was supposed to give too much power to the representatives of the King." It met with a * Memoir of General Stnrk, by bis son, Concord, 1831, p. 174. Hoyt's Indian Wars, p. 260. 64 HISTORY OF EASTERN VERMONT. [1754. similar fate at the liands of tlie Council, " because it was sup- posed to give too much power to the representatives of the peo- ple." By this disagreement, the colonies were obliged to fall back on their old system of warfare. Each government was left to contend with its enemies as best it miD^ht,* For the defence of Massachusetts and her frontiers, during the year 1Y54, Governor Shirley, on the 21st of June, ordered the commanders of the provincial regiments to assemble their troops for insjDection, and make returns of the state of their forces at head-quarters. The towns in the province were also ordered to furnish themselves with the stock of ammunition required by law. It was not until late in the summer that the enemy renewed their incursions on the frontiers of New Hamp- shire. At Baker's town, on the Pemigewasset river, they made an assault on a family, on the 15th of August, killed one woman, and took captive several other persons. On the 18th they killed a man and a woman at Stevens's town, in the same neigh- borhood. Terrified at these hostile demonstrations, the inhabit- ants deserted their abodes, and retired to the lower towns for safety, and " the government was obliged to post soldiers in the deserted places." At an early hour on the morning of the 30th, the Indians appeared at Number Four, or Charlestown, on Con- necticut river, broke into the house of James Johnson, before any of the family were awake, and took him prisoner, together with his wife and three children, his wife's sister, Miriam "VVillard, a daughter of Lieutenant WiUard, Ebenezer Farnsworth, and Peter Labaree. Aaron Hosmer, who was also in the house, eluded the enemy by secreting himself under a bed. No blood was shed in the capture, and soon after daylight the Indians set out with their prisoners for Canada, by the way of Crown Point. On the evening of the first day, the whole party encamped in the south-west corner of the present township of Eeading, in Yermont, near the junction of what is now called Knapp's brook with the Black river branch. On the morning of the 81st, Mrs. Johnson, who had gone half a mile further up the brook, was delivered of a daughter, who, from the circumstances of her birth, was named Captive. After a halt of one day the march was resumed, Mrs. Johnson being carried by the Indians on a litter which they had prepared for her accommodation. As soon as her strength would permit, she was allowed to ride * Holmes's Annals, ii. 200, 201. Hoyt's Indian Wars, pp. 260, 261. 1754.] COMMEMORATIVE STONES. 65 a horse. The journey was long and tedious, and provisions were scanty. It finally became necessary to kill the horse for food, and the infant was nourished, for several days, by sucking pieces of its flesh.* Captive Johnson was afterward the wife of Col. George Kimball of Cavendish. .- Upon the north bank of Knapp's brook in the town of Reading, beside the road running from Springfield to Woodstock, stand two stones commemorative of the events above recorded. The larger one is in its proper % place, and the smaller one, though designed to be located half a mile further up the brook, whether by accident or inten- tion, has always stood at its side. The stones are of slate, and of a very coarse texture. They bear the following inscriptions. Commemorative Stones. * When they arrived at Montreal, Mr. Johnson obtained a parole of two months, to return and solicit the means of redemption. He applied to the Assem- bly of New Hampshire, and, after some delay, obtained on the 19th of December, 1754, one hundred and fifty pounds sterling. But the season was so far ad- vanced, and the winter proved so severe, that he did not reach Canada till the spring. He was then charged with breaking his parole ; a great part of his money was taken from l^m by violence, and he was shut up with his family in prison. Here they took the small-pox, from which, after a severe illness, they happily recovered. At the expiration of eighteen months, Mrs. Johnson, with her sister and two daughters, were sent in a cartel ship to England, and thence returned to Boston. Mr. Johnson was kept in prison three years, and then with his son returned and met his wife in Boston, where he had the singular ill fortune to be suspected of designs unfriendly to his country, and was again imprisoned ; but no evidence being produced against him, he was liberated. His eldest daughter was retained in a Canadian nunnery. — Belknap's Hist, N. H., ii. 289, 290. Hoyt's Indian "Wars, p. 262. 5 66 HISTORY OF EASTERN VERMONT. [1754:. This is near the spot that the Indians Encamp^ the Night after they took M"" Johnson & Family M"" Laberee & Farnsworth Auguft 30*'! 1754 And Mrs Johnson was deliver*^ of her child Half a mile up this Brook. When trouble near the Lord is kind He hears the captives Crys He can subdue the savage mind And learn it sympathy On the 31^*^ of Auguft 1754 Cap^ James Johnson had A Daughter born on this spot of Ground being Captivated with his whole Family by the Indians. But tlie enemy did not confine their depredations to the fron- tiers alone. On the 28th of August, a party of about one hundred Indians, from the Nepisinques, the Algonkins, and the "Abenaquies of Bekancour" made an attack on "Dutch Hoosac," about ten miles west of Fort Massachusetts. Tlieir first appearance was at a mill which was attended by a few men. Of these, they killed Samuel Bowen, and wounded John Barnard. They then drove the rest of the inhabitants from their dwellings, killed most of the cattle, and set fire to the set- tlement. On the following day San Coick experienced a similar fate. The garrison at Fort Massachusetts was too weak to afford any important aid, and a party of militia from Albany, that had marched to the scene of destruction, did not arrive untn the enemy had departed. The loss at Hoosac was stated at " seven dwelling houses, fourteen bants, and fourteen J«r- raclcs of wheat." That at San Coick was about the same. The property destroyed was supposed to amount to " four thou- sand pounds, York currency."* * Hoyt saiys: "The depredations were attributed principally to the Schag- ticoke Indians." — Indian Wars, p. 263. It is more than probable that the tribes mentioned in the test were the perpe- 1754.] PLANS FOK THE FRONTIER DEFENCES. 67 To put a period, if possible, to these devastating incursions, more extensive means of defence were adopted by Massacliu- setts, and the charge of the western frontiers was again given to Col. Israel Williams of Hatfield. His knowledge as a topo- grapher and engineer, enabled him, soon after, to present to Governor Shirley an accurate sketch of the frontiers of Massa- chusetts and New Hampshire, with plans for their defence. He recommended the abandonment of Forts Shirley and Pelham, and the erection of a line of smaUer works on the north side of Deerfield river. He further proposed that the old works at Northfield, Bernardston, Colrain, Greenfield, and Deerfield should be repaired, and others built where repairs were imprac- ticable ; that Forts Dummer and Massachusetts should be strengthened and furnished with light artillery and sufficient garrisons ; that fortifications should be erected at Stockbridge, Pontoosuck, and Blanford in the south-western part of Massa- chusetts, and two others to the westward of Fort Massachu- setts, in order to form a cordon with the line of works in I^ew York ; that the fort at Charlestown, being out of the juris- diction of Massachusetts, should be abandoned ; that, as in the former wars, ranging parties should be constantly employed along the line of forts, and in the wilderness, now the state of Vermont, and that the routes and outroads from Crown Point should be diligently watched. These plans, with the exception of that recommending the abandonment of Charlestown, were adopted, and a body of troops was ordered to be raised for the western frontiers, to be stationed as Col. Williams should direct. Forts Dummer and Massachusetts, works of considerable strength, and containing small garrisons, were furnished with a few pieces of ordnance. The other works being diminutive block-houses, or stockaded dwellings, bearing the names of their occupants, were made defensible against musketry. These were Sheldon's and Burk's garrisons at Bernardston, on Connecticut river ; Morrison's and Lucas's, at CoLrain ; Taylor's, Eice's, and Hawks's, at Charlemont ; Goodrich's and Williams's, at Pontoo-^ suck ; and defences at Williamstown, Sheffield, and Blanford. Some of them were provided with swivels and small forces under subaltern officers. In other places, less exposed, sligliter fortifications were established, some at the expense of the trators of the acts ascribed to them. — See documents in office Sec. State K Y., in Colonial MSS. De Lancey, 1754, vol. Ixsix. 68 HISTOET OF EASTERN VEEMONT. [1754, 1755. inhabitants, and some at the expense of the province. Capt. Ephraim AVilliams was, as in the preceding war, appointed commander of the line of forts. His rank was raised to that of major. Deerfield was made the depot for the commissary stores, and a small force was stationed to protect them. The office of commissary was given to Major Elijah Williams. The fort at Charlestown, which had been built by Massachusetts, but which now lay within the boundaries of New Hampshire, required a protecting force. Governor Shirley wrote to Go- vernor Wentworth recommending its future maintenance to the New Hampshire Assembly, and applications of a like nature were made by the inhabitants of Charlestown, The Assembly, as in former years, refused to listen to these requests. Peti- tions were then sent to the General Court of Massachusetts, and as a proof of the importance of the post at Charlestown, the petitioners stated that the attacks of the enemy had been sus- tained at that place, on ten different occasions, during the space of two years. Mention was also made of the suflerings which the inhabitants had endured by the loss of their cattle and provisions. Massachusetts again sent soldiers for the de- fence of the town, and a guard was continued there and at Fort Dummer until the year 1757. On the 19th of September the command of the latter station was given to Nathan Willard, with the rank of sergeant, and until June, 1755, the garrison numbered eight men. So effectually had these preparations been made, and so well were they perfected, that the incui-sions of the enemy ceased almost immediately. The settlers again enjoyed a temporary security, and at the close of the year it was deemed safe to lessen several of the garrisons at the smaller forts."* Tlie inhabitants of Westminster who were few in number and but poorly protected, being alarmed by the capture of the Johnsons at Charlestown, had removed to Walpole immediately after that event. Here they were accommodated at the house of Col. Benjamin Bellows until October, when they returned to Westminster, There they tarried until the February following, when the Averill family moved to Putney, which town, on the 26th of December, 1753, had been granted and chartered by Benning Wentworth, Fort Hill, which had been erected before the Cape Breton war, had now gone to decay and was mostly demolished. The settlements in the immediate vicinity * Hoyt's Indian Ware, pp. 263-265. Belknap's Hist N. H., ii 290, 291. 1755.1 FORT AT THE GREAT MEADOW. 69 were in consequence undefended and insecure. For their mu- tual safety, the inhabitants of Westmoreland, New Hamp- shire, joined with the inhabitants of Westminster and Putney, and in the year 1T55 built a fort on the Great Meadow, on the site of the house lately occupied by Col. Thomas White, near the landing of the ferry. The fort was in shape oblong, about one hundred and twenty by eighty feet, and was built with yellow pine timber hewed six inches thick and laid up about ten feet high. Fifteen dwelhngs were erected within it, the waU. of the fort forming the back wall of the houses. Tliese were covered with a single roof called a " salt-box " roof, which slanted upward to the top of the wall of the fort. In the centre of the enclosure was a hollow square on which all the houses fronted. A great gate opened on the south toward Connecticut river, and a smaller one toward the west. On the north-east and south-west corners of the fort, watch-towers were placed. In the summer season, besides its customary occupants, the fort was generally garrisoned by a force of ten or twelve men from New Hampshire. The only inhabitants on the Great Meadow at the beginnmg of the year 1Y55, were Philip Alexander from ISTorthfield, John Perry and John Averill with their wives and fami- lies, and Capt. Michael Gilson a bachelor, his mother and his two sisters. On the completion of the fort, several of the inhabitants of Westmoreland crossed the river and joined the garrison. These were Capt. Daniel How, Thomas Chamber- lain, Isaac Chamberlain, Joshua Warner and son, Daniel War- ner, wife and son, Harrison Wheeler, Deacon Samuel Minott, who afterward married Capt. Gilson's mother, and Mr. Aldrich and son.* At the close of the French war, all who had re- moved from Westmoreland, returned, with the exception of Deacon Minott. During the summer Dr. Lord and William Willard joined the garrison. Several children were born in the fort, but the first child born within the limits of the town of Putney is supposed to have been Aaron, son of Philip Alex- ander. His birth took place before the fort was built, and there is a tradition that Col. Josiah Willard, in commemoration of the event, presented to the boy a hundred acres of land, situated about half a mile east of Westmoreland bridge. The father * The son was afterward General George Aldrich. He died at Westmore- land, N. H., in the year 1807. 70 HISTORY OF EASTERN VERMONT. [1755, of Capt. Daniel How and the father of Harrison "Wheeler died in the fort. Both were buried in the graveyard in Westmore- land on the other side of the river, lieligious services were for a long time observed among the occupants of the fort, and there the Rev. Andrew Gardner, who had previously been chaplain and surgeon at Fort Dummer, preached nearly three years. The Great Meadow, at this time, was not more than half cleared, and its noble forests of yeUow pine, with here and there a white pine or a white oak, presented an appearance which is seldom to be met with at the present period, in any part of the state. Col. Josiah Willard, who owned the Mea- dow, gave the use of the land as a consideration for building the fort and defending it during the war. The land w^as por- tioned out to each family, and the inhabitants were accustomed to work on their farms in company that they might be better prepared to assist one another in the event of a surprise by the enemy. There was no open attack upon the fort during the French war, although the shouts of the Indians were often heard in its vicinity in the night season. On one occasion they laid an ambush at the north end of the Meadow. But the settlers who were at work on an adjacent island, were so fortunate as to discover the signs of their presence, and avoided them by pass- ing down the river in a com-se different from that by which they had come.* The expeditions which were planned by Gen. Braddock, in conjunction with the Colonial Governors, against Fort Du Quesne, Niagara, and Crown Point, at the beginning of this year, served to a certain extent to defend the frontiere from the incursions of the enemy. Major Ephraim "Williams, who dur- ing the yeai' 1754 had taken charge of the western Hne of forts in Massachusetts, was appointed to the command of a regiment in the latter expedition. Capt. Isaac Wyman succeeded him as commander of Fort Massachusetts. Simultaneous with these extensive operations, measures were taken by Massachusetts to render more effectual the defence of her borders. Garrisons were strengthened, new levies of soldiers made, the people in exposed towns were required to go armed when attending public worship, and it was made the duty of the militia officers to see that this order was observed.f * MS. Historical Sermons, preached at Putney on Fast Day, 1825, by Rev. E. D. Andrews. ■)• " The monthly pay of the troops on the frontiers, established by the govern- 1755.] PAETISAN CORPS AND RANGEES. 71 Biit the feature wliicli cliaracterized in a peculiar manner tlie WiU'fare of this year, was the system introduced in the conduct and management of the partisan corps. Tlie govern- ment of Massachusetts had offered a large bounty for every " Indian killed or captured," and to gain this reward, did these ranging parties engage in what were commonly known at the time as " scaljDing designs." Their field of operation extended from the Connecticut to the Hudson, and from the Massachu- setts cordon to the borders of Black river, in Yermont. Each company consisted of not less than thirty men, and of none but such as were able-bodied and capable of the greatest endur- ance. Sometimes they marched in a body on one route, and again in two or three divisions on different routes, or as ordered by their officers. The commissioned officers kept a journal of each day's proceedings, which was returned at the close of the march, to the commander-in-chief of the forces, after having been sworn to before the Governor of Massachusetts, or one of his Majesty's justices of the peace. No bounty was given until the captured Indians, or the scalps of those killed, were deK- vered at Boston to persons appointed to receive them. Compared with the life of the ranger, that of the frontier settler was merely the training school in hardshij) and endur- ance. In the ranging corps were perfected lessons, the rudi- ments of which are at the present day but seldom taught ; and the i^artisan soldier of the last century, though unskilled in the science of warfare, was an equal match for the resolute Indian, whose birthright was an habituation to daring deeds and wasting fatio;ue. The duties of the rano;ers were " to scour the woods, and ascertain the force and position of the enemy ; to discover and prevent the effect of his ambuscades, and to ambush him in turn ; to acquire information of his movements by making prisoners of his sentinels ; and to clear the way for the advance of the regular troops." In marching, flankers preceded the main body, and their system of tactics was embodied in the quickness with which, at a given signal, they could form in file, ment of Massachusetts, June llth, 1Y55, was as follows. Marching forces : Cap- tain, £i 16s. ; Lieutenant, £3 4s. ; Sergeant, £1 14s. ; Corporal or Private, £1 6s. 8d. Garrison forces: Captain, £4; Lieutenant, £3; Sergeant, £1 10s.; Cor- poral £1 8s. ; Drummer, £1 8s. ; Centinel, £1 4s. ; Armourer at the westward, £3." — Hoyt's Indian Wars, p. 267. In addition to the regularly established garrisons, guards were stationed at Greenfield, Charlemont, Southampton, Huntstown, Colrain, and Falltown, to pro- tect the inhabitants while gathering their crops. 72 HISTORY OF EASTERN VERMONT. [1755. either single or otherwise, as occasion demanded. In fighting, if the enemy was Indian, they adopted his mode of warfare, and were not inferior to him in artifice or finesse. To the use of all such weapons as were likely to be employed against them they were well accustomed, and their antagonist, whoever he might be, was sure to find in them warriors whom he might hate, but could not despise. As marksmen none surpassed them. With a sensitiveness to sound, approximating to that of instinct, they could detect the sly approach of the foe, or could mark with an accuracy almost beyond belief, the place of his con- cealment. Their route was for the most part through a country thickly wooded, now over jagged hiUs and steep mountains, and anon, across foaming rivers or gravelly-bedded brooks. AVhen an Indian track was discovered, a favorable point was chosen in its course, and there was formed an ambuscade, where the partisans would lie in wait day after day for the approach ot the enemy. ITor were mountains, rivers, and foes, the only obsta- cles with which they were forced to contend. Loaded with pro- visions for a month's march, carrying a musket heavier by far than that of a more modern make, wntli ammunition and appurte- nances correspondent ; thus equipped, with the burden of a porter, did they do the duty of a soldier. At night, the place of their encampment was always chosen with the utmost circumspection, and guards were ever on the alert to prevent a surprise. Were it summer, the ground sufficed for a bed, the clear sky or the out- spreading branches of some giant oak for a canopy. Were it winter, at the close of a weary march, performed on snow-shoes, a few gathered twigs pointed the couch made hard by necessity, and a rude hut served as a miserable shelter from the inclemency of the weather. Were the night very dark and cold, and no fear of discovery entertained, gathered around the blazing brush heap, they enjoyed a kind of satisfaction in watching the tower- ing of its bright, forked flame, relieved by the dark background of the black forest ; or encircling it in slumber, dreamed that their heads were in Greenland, and their feet in Vesuvius. If a comrade were sick, the canteen, or what herbs the forest af- forded, were usually the only medicines obtainable ; and were he unable to proceed, a journey on a htter to the place whence his company started, or to the point of their destination, with the exposure consequent thereupon, was not always a certain war- rant of recovery, or the most gentle method of alleviating pain. But the great object was unattained, so long as they did not 1755.] THE PAETISAN SOLDIER. 73 return with a string of scalps, or a retinue of captives. When success attended their efforts, the officers and soldiers shared ahke in the bounty paid, and strove to obtain equal proportions of the praise and glory. The partisans of the valley of the Con- necticut were mostly from Massachusetts, Connecticut, and New Hampshire. Some of them had borne for many years the bar- barities of the Indian, and were determined to hunt him like a beast, in his own native woods. Not a few had seen father and mother tomahawked and scalped before their very eyes ; and some, after spending their youth as captives in the wigwam, had retm-ned, bringing with them a knowledge of the Indian modes of warfare, and a burning desire to exert that knowledge for the destruction of their teachers. To men in this situation, a bounty, such as was offered by the government of Massachusetts, was sufficient to change thought into action, and it did not require the eye of a prophet to foresee the result. Great were the dan- gers they encountered, arduous the labor they performed, pre- eminent the services they rendered, and yet the partisan soldier has seldom been mentioned but with stigma, and his occupation rarely named but with abuse. This may be due, in some part, to the deviation from the usages of civilized warfare, which was sanctioned by the use of the scalping knife. Still the impartial reader should bear in mind the circumstances and the times which are under review. He should remember the barbarity of the enemy, the principles of natural justice, or the law of retalia- tion, the emergencies which were constantly arising, and the necessity which compelled the partisan to fight the Indian on his own terms. Let these considerations be indulged, and the rendering of a juster verdict in future, will show that discrimina- tion has been allowed to take the place too long held by prejudice and scorn. "^ Although the greatest precautions had been taken to render the frontiers secure against the enemy, yet the year 1755 bore on its record as large a share of disasters as any which had pre- ceded it. Early in June, a party of Indians attacked a number of persons, who were at work in a meadow in the upper part of Charlemont, Massachusetts, near Rice's fort. Capt. Rice and Phineas Arms were killed, and Titus King and Asa Rice, a lad, were captured, and taken to Canada, by the way of Crown * Reminiscences of the French War, Concord, 1831 ; pp. 4, 5. " Rules for the Ranging Service," in the Journals of Major Robert Rogers, London, 1765 ; pp. 60-70. Hoyt's Indian Wars, pp. 266-268. 74 HISTORY OF EASTERN VERMONT. [1755. Point. King was afterward carried to France, thence to Eng- land, whence he at length returned to Northampton, his native place. An account of some of the depredations which were made at this period in New Hampshire, is given by Hoyt, in the foUowing paragraph : " In the month of June, a man and boy were captured at New Hopkinton, but immediately after re- taken by a scouting party. The same month an attack was made on a fort at Keene, commanded by Capt. Sims; but the enemy, after some vigorous fighting, were di'iven off. On their retreat they killed many cattle, burned several houses, and captured Benjamin Twichel. At Walpole they killed Daniel Twichel, and another man, by the name of Flynt." On the 17th of August, at noon, the Indians in large numbers at- tempted to waylay Col. Benjamin Bellows of Walpole, and a party of thirty men, while returning from their labor. Failing in this imdertaking, they attacked the fort of John Kilburn, "situated near Cold river, about two miles from the present centre of the town of "Walpole, on the road to Bellows Falls, the exact spot being said to be just where two apple trees, very visible on the east of the way-side, now bear the fruits of j)eace." It was bravely defended by the owner and his son, John Peak and his son, and several women, who finally compelled the enemy to retire with considerable loss. Peak was mortally wounded in the assault.* On the 2Tth of June,t the most disastrous affair that occurred during the season on Connecticut river, took place at Bridg- maivs Fort, on Vernon meadow, a short distance below Fort Dummer. On the spot where the original fort stood, which was burned by the Indians in 1747, another of the same name had been erected soon after, and being strongly picketed, was con- sidered as secure as any garrison in the vicinity. It was situ- ated on low ground, near elevated land, from which an easy view of its construction and arrangements might be had. From the manner in which the attack was planned, and from the stra- tegy therein displayed, it is supposed that the Indians, availing themselves of the opportunity afforded by the high ground, had previously viewed the place, and by listening at the gate, had discovered the signal by which admittance was gained to * Hoyt's Indian Wars, pp. 266-269. A full account of this fight is given in Appendix E. f Some writers have named July 27th, as the day on which this event occurred. Contemporaneous MSS. corroborate the date given in the text. 1T55.] CAPTURE OF BRroGMAN's FOET. 75 the fort. On the morning of tlie daj in wliich the attack was made. Caleb How, Hilkiah Grout, Benjamin Gaffield, and two lads, the sons of How, left the fort and went to work in a corn- field, lying near the bank of the river. Returning a little before sunset, they were fired upon by a party of about a dozen Indians, from an ambush near the path. How, who was on horseback with his two sons, received a shot in the thigh, which brought him to the ground. The Indians, on seeing him fall, rushed up, and after piercing him with their spears, scalped him, and leaving him for dead, took his two sons prisoners. Gaffield was drowned in attempting to cross the river, but Grout fortunately escaped. Tlie families of the sufierers who were in the fort, had heard the firing but were ignorant of its cause. Anxiously awaiting the return of their companions, they heard in the dusk of evening a rapping at the gate, and the tread of feet without. Supposing by the signal which was given that they were to re- ceive friends, they too hastily opened the gate, and to their surprise and anguish, admitted enemies. The three families, consisting of Mrs. Jemima How and her children, Mary and Submit Phips, William, Moses, Squire and Caleb How, and a babe six months old ; Mrs. Submit Grout and her children, Hilkiah, Asa, and Martha, and Mrs. Gaffield with her daugh- ter Eunice, fourteen in all, were made prisoners. After plun- dering and firing the place, the Indians proceeded about a mile and a half and encamped for the night in the woods. Tlie next day they set out with their prisoners for Crown Point, and after nine days' travel reached Lake Champlain. Here the Indians took their canoes, and soon after, the whole party arrived at the place of destination. After remaining at Crown Point about a week, they proceeded down the lake to St. Johns, and ended their march at St. Francis on the river St. Lawrence. Mrs. How, after a series of adventures, was finally redeemed with three of her children, through the intervention of Col. Peter Schuyler, Major, afterwards Gen. Israel Putnam and other gentlemen, who had become interested for her welfare on account of the peculiarity of her sufierings and the patience with which she had borne them. Of the other children, the young- est died, another was given to Governor de Vaudreuil of Canada, and the two remaining ones, who were daughters, were placed in a convent in that province. One of these was afterwards carried to France, where she married a Frenchman named Cron Lewis, and the other was subsequently redeemed 76 niSTOKY OF EASTERN VERMONT. [1755. by Mrs. How, wlio made a journey to Canada for the express purpose of procuring her release. Mrs. How afterwards be- came the wife of Amos Tute, who was for several years one of the coroners of Cumberland county. She was buried in Yernon, and her tombstone epitomizes her varied life and ex- ploits, in these words. Mrs Jemima Tute SuccefTively Relict of MefPs William Phipps, Caleb Howe & Amos Tute The two firft were killed by the Jndians Phipps July 5*^ 1743 Howe June 29*^^ 1755 When Howe was killed, fhe & her Children Then feven in number Were carried into Captivity The oldeft a Daughter went to France And was married to a French Gentle- The youngeft was torn from her Breast And perished with Hunger By the aid of fome benevolent Gent" And her own perfonal Heroifm She recovered the reft She had two by her laft Hufband Outlived both him & them And died March 7^11 1805 aged 82 Having pafled thro more vicifiltudes And endured more hardfhips Than any of her cotemporaries The grave of Mrs. Jemima Tute. No more can Savage Foes annoy Nor aught her wide fpread Fame Deftroy* On the morning after the attack on Bridgman's Fort, a party of men found Caleb How still alive, but mortally wounded. He was conveyed to Hinsdale's Fort, on the opposite side of * A more detailed account of the adventures and sufferings of Mrs. Howe, who has been called the " Fair Cnptive," may be found in Belknap's Hist. N. H. iii. 370-388, and in the " Life of General Putnam " in Humphrey's Works, pp. 276- 279. 1755.] ATTACK AT HINSDALE S FORT. 77 the river, where he soon after expired. He was buried ahout half a mile from the fort, in the middle of a large field, and a stone erected to his memory is still standing, inscribed with this record : — Jn Memory of M' Caleb How a very Kind Companion who Was Killed by the Jndea ns June the 27th 1755. in the 32 year Of his age. his Wife M" Jemima How With 7 Children taken Captive at the Same time. The Grave of Caleb How. At the close of three years' captivity, Mrs. Gaffield was ran- somed and went to England. The fate of her daughter, Eunice, is uncertain. On the 9th of October, 1758, a petition, signed Zadok Hawks, was presented to the General Court of Massa- chusetts, praying them to use their influence to obtain the relea-se of Mrs. Grout, the petitioner's sister. At that time, she and her daughter were residing with the French near Mon- treal, and her two sons were with the Indians at St. Francis. It is probable that their release was not long delayed, as one of the sons a few years later was a resident of Cumberland county. But this was not the last of the incursions of the enemy. On the 22d of July, at about nine o'clock in the morning, a party of Indians attacked four of the soldiers of Hinsdale's Fort, and three of the settlers residing there, as they were cutting poles for the purpose of picketing the garrison. At the time of the attack they were not more than a hundred rods distant from the fort. Four men were on guard, and three were on the team. They had drawn only one stick when the enemy fired upon them, and having got between them and the fort endea- vored to keep them from reaching it. Of the soldiers, John Hardiclay* was killed and scalped on the spot. His body was terribly mangled, both breasts being cut off and the heart laid open. Jonathan Colby was captured, and the two others. Heath * In the letter of CoL Ebenezer Hinsdell, this name is written Hard-way. — N. H. Hist Coll., T. 254. 78 HISTOKT OF EASTERN TEKMONT. [1755. and Quimbj, escaped to the fort. Of the settlers, John Alex- ander was killed and scalped, and Amasa Wright and his snr- viving companion, whose name is not recorded, saved them- selves by flight. An alarm was immediately sounded, and the " Great Gun " at Fort Dummer, on the opposite side of the river, was fired. Thirty men from Northfield answered the summons, but their assistance availed only in burying the dead, for the enemy had gone too far to warrant a pursuit. A week pre- vious to this occurrence the Indians burned an outhouse with its contents, situated about six miles above West river, and dur- ing the whole summer hostile bands scattered in every direction among the settlements, were watching for opportunities to plua- der and destroy. Information of these transactions was sent to Governor Wentworth by Col. Ebenezer Hinsdell, and the clos- ing words of his letter, " we are loath to tarry here merely to be killed," convey in strong terms, a knowledge of the danger which encircled the settlers, and of the incompetency of their forces to. afford protection. Although the governor was willing and anxious to furnish the requisite aid, the New Hampshire Assembly were unwilling to render the least. Application was then made to the Massa- chusetts Legislature, and Nathan Willard, the commander at Fort Dummer, in a memorial presented in the month of August, described the situation of that post. He stated that the enemy were continually lurking m the woods around and near the fort ; that during the past summer nineteen persons, living within two miles of it, had been " killed or captivated ;" that it was impossible to succor tliem by reason of the insufficiency of the garrison, which numbered only five men on pay, and that in case of an attack there was no reason why the enemy should not be perfectly successful. In view of these representations, the Legislature directed Capt. Willard to add six men to his present force, to serve until the first of October following. Si- milar assistance was granted to other garrisons on the frontiers. Tlie expedition against Crown Point, which had been planned during the spring and summer, was consummated in the fall of this year. The unwearied eiforts of General, afterwards Sir William Johnson, to whom the command had been given, though attended with success, were not rewarded with the con- quest of the desired station ; and the victory of the 8th of Sep- tember, which defeated the Baron Dieskau and his French and Indian forces, though it served to cheer the spirits of the Eng- 1755.] THE SUPPOKT OF FORT DUMMER. 79 lisli ill America, was piircliased by the loss of some of the best men in the colonies. Of this number was Col. Ephraim Wil- liams, who was shot through the head as he was leading on his regiment in the conflict. His death was universally regretted by his countrymen. His exertions, during a service of many years on the frontier, had won him the esteem and admiration which is due to virtue and valor ; and the endowment which he made by his will for establishing the college which bears his name, has kept his memory green in the hearts of succeeding generations, and added to his renown as a warrior the praises of scholars and philanthropists.* As has been previously stated. Fort Dummer, although situ- ated without the borders of Massachusetts, had been long sup- ported by that province. The Board of Trade had, on the 3d of August, 1749, declared it proper and just, that New Hamp- shire should reimburse Massachusetts for its maintenance ; yet no attention had been given to this advice, and Massachusetts had continued as before to support a garrison at that station. In order to obtain payment for their services, the Council of Massachusetts, "in confidence of his Majesty's goodness and justice," appointed a committee on the 29th of May, 1752, con- sisting of Samuel Watts, John Wheelwright, and Thomas Hutchinson, who, with a committee from the House, were ordered to take such steps as they should deem necessary to accomplish this object. On the 4:th of June, a few days after these appointments were made, the Council, by the advice of their committee, directed Josiah Willard, the Secretary of the province, to write to Mr. Bollan, the agent for Massachusetts in England, in order to learn what course should be pm-sued with the Board of Trade. Letters were sent on the 25th, but no answer being received, the Secretary, on the 27th of Decembei', 1753, again wrote for instructions. Li the latter communica- tion, he stated that Massachusetts had defended the lands west of Connecticut river, for one hundred years past, at an expense probably of £100,000 sterling ; that at one of the best forts in the government, standing about twenty-five miles east of Hud- son river,f she had kept a garrison of forty men during the war, and had retained men in pay ever since the peace ; that she had been long expecting a reimbursement of the charge for supporting Fort Dummer, and defending the other parts of the * Hoyt'a Indian Wars, pp. 271-282. f Fort Masaacbusetta. 80 HISTOET OF EASTERN VERMONT. [1Y65. frontier of " what is now called New Hampshire ;" and that the order of his Majesty in Council in 1744 was conditional, either that Massachusetts should be reimbursed her charges, or that the fort with a proper district of land contiguous should be assigned her. Referring more particularly to that order, the Secretary remarked in conclusion, that the Fort and a few miles of country around it, so far from being an adequate com- pensation for the expense the province had incurred, were so much the contrary, that she would rather esteem them a bur- den, as thereby she would not only lose all the past expenses, but be subjected also to a constant future charge. On the 12th of August, 1765, the subject was again discussed before the Council of Massachusetts, and Thomas Hutchinson and William Brattle, with such persons as the House might add, were chosen " to prepare the draft of a memorial and petition to his Majesty, therein giving a full representation" of the affair, and praying for a speedy reimbm-sement of the charges which had been paid by the province. Tims did Massachusetts from year to year repeat her attempts to obtain what was due her for her services and expenditures. But her efforts were foiled by the vigilance of the 'New Hampshire agents, and her object rendered more and more unattainable by delay.* • Various M§S. Mass. Council Records, sxL 316. CHAPTER lY. THE FRENCH WAS,. TOWN SETTLEMENTS. Command of Fort Dummer given to Nathan "Willard — Complaint against him — Indians in ambush — Attempt to construct a Military road from Charlestown to Crown Point — Rangers at Hinsdale's Fort — Capt. Burk — Incursion at Charles- town — Capture of Mrs. Moore of Brattleborough — Robert Rogers, the distin- guished Ranger — Events at the close of the French war — Destruction of St- Francis — Sufferings of Rogers's party on their return — Land route from Con- necticut River to Lake Champlain — Conquest of Canada by the English — Peace restored — Grants by Governor Benuing Wentworth — Westminster char- ter renewed — Settlement of Towns on Connecticut River — Putney — Halifax — Marlborough — Wilmington — New Fane — Rockingham — ^Townshend — Hinsdale. Although hostiKties had been continued in the provinces during the jear 1755, war was not formally declared between England and France until the beginning of the year 1756. Several expeditions were partially planned, yet little was done during the campaign in the way of regular warfare. Means were taken as in former years to defend the settlements along the Connecticut. Small forces were posted by Massachusetts at Charlestowu and on Ashuelot river in New Hampshire, also at Northfield, Greenfield, Deerfield, Fort Massachusetts, and at the stations in the Massachusetts cordon. The garrison at Fort Dummer having become reduced to three men, Capt. Nathan Willard, who was stationed at that post, made known his condi- tion to the Massachusetts Legislature, and asked for aid. By a vote of the House, passed April 8th, nine men were placed under his command, and an allowance was made for their sup- port from the funds of the province. Besides the garrison, the fort was at that time inhabited by several families. Ko sooner had Willard obtained an increase of his force, than he com- menced a pitiful persecution against these families whom he had been appointed to protect. They, unwilling to increase the disturbance by resistance, endured his conduct in silence for a 6 82 HISTORY OF EASTERN VERMONT. [1756. reasonable time, but finding that he was not inclined to change his treatment towards them, except for the worse, they, on the lYth of May, memorialized the General Com-t of Massachusetts, in these words : — " The command being given to Nathan Willard — we will a little acquaint your honours of the managements and carryings on in said fort, and that in several articles, and, " First ; as to all the Willards' swearing against the province in favom* of New Hampshire. " Secondly ; as to their selling the province stores, both of powder and lead to Hampshire forts, as also to Hampshire soldiers. " Thirdly ; as to the province guns lying about in y® said fort, the locks in one place and the barrels in another, and two or three of them that are half eat up with rust. " And as your honours have been pleased to allow nine men to that fort until y^ 10th day of next June, under the comand of Captain Nathan Willard, he has put in Oliver Willard, Wilder "Willard, William Willard, and as there are four large Province Houses in y® fort, these four Willards have each of them an house. " And as Capt. Nathan Willard has a large province house to himself, and has turned all the rest of the families into two small rooms, in which families are five soldiers ; — for by repair- ing the province houses a little, makes them their own. " And as there are four acres of land allowed in y^ Hamp- shire charter for the benefit of y® said fort, they keep all the land to themselves, and will allow but a small garden spot to the rest of the soldiers, — as their treatment is so hard of y® soldiers, and y^ distressed inhabitants who are obliged to flee thither for shelter in these distressing times, with us, we have thought fit to make y® above representation of facts, which we are ready to prove true. " Our distresses are great for which we begg your honours compassionate consideration, and relief, and as in duty bound shall ever pray."* There is no doubt that this petition was answered to the satisfaction of those who presented it, for Massachusetts was ever * This memorial was signed by Capt. Fairbank Moore, Benjamin Moore, Fair- bank Moore Jun., Robert Cooper, Anson Cooper, John Kathan, John Kathan Jan., Daniel Shattuck, Daniel Shattuck Jun., Joshua Cooper, Gideon Shattuck MSS. in office Sec. State, Mass., Ixxv. 547 1756.] CONTTNTTED ASSAULTS OF THE ESTOIAifS. 83 generous in defending not only her own frontiers, but those of other provinces ; and at this period especially, the fear of exter- nal foes admitted not the toleration of any internal enmities or jealousies. The necessity of preparation was soon after made evident by the commencement of the annual incursions of the Indians. In June they took Josiah Foster with his wife and two children from Winchester, New Hampshire, and not many days after, Lieut. Moses Willard was killed, and his son wounded near the fort of Charlestown. During the summer several acts of hosti- lity were committed in the neighborhood of Fort Massachusetts, and in the majority of cases, the plans of the Indians were attended with success. At a place called the Country farms in the north part of Greenfield, they attacked a party of five men on the 12th of August^ while at labor. Of these only one escaped, two of the others being killed, and two captured.* On the 20th of the same month, as Zebulon Stebbins of Hins- dale, and Reuben Wright were returning from Northfield on horseback, they discovered a party of Indians in ambush, who fired on them, and wounded Wright. The two men then re- treated some distance, but the Indians still pressing on, Steb- bins turned upon them, received their fire, and returning it wounded one of them. This checked their pursuit, and enabled both Wright and Stebbins to make their escape. A good result was effected by this event, as it placed the people in the vicinity on their guard, and prevented the capture of several persons for whom the Indians were lying in wait. Many depredations were committed in the frontier towns before the close of the season, and the inhabitants of those places most exposed, were kept in a state of continual alarm by the reports of Lidiau vindictiveness and cruelty, which were constantly saluting their ears, and which in some instances were corrobo- rated by the scenes they had witnessed. Early in the spring of this year, the government of Massa- chusetts had been engaged in discussing the feasibility of con- structing a road between a point on the right bank of Connecti- cut river, opposite Charlestown, and a point on the right bank of Lake Champlain opposite Crown Point, for the purpose of facihtating military operations in that quarter. As the result * A detailed account of this event and of others sunilar is given in Hoyt's Indian Wars, pp. 284, 285. 84: HISTORY OF EASTERN VERMONT. [1756. of these deliberations, the following vote was passed in the House of Representatives on the 10th of March, and met with the approbation of the Governor and Council. " Whereas it is of great importance that a thorough knowledge be had of the distance and practicability of a communication between Num- ber Four on Connecticut river and Crown Point ; and that the course down Otter creek to Lake Champlain should be known — therefore voted, that his Excellency the Governor be, and he is hereby desired as soon as may be, to appoint fourteen men upon this service, seven of them to go from said Number Fom*, the directest course to Crown Point, to measure the distance, and gain what knowledge they can of the country ; and the other seven to go from said Number Four, to Otter creek afore- said, and down said creek to Lake Champlain, observing the true course of said creek, its depth of water, what falls there are in it, and also the nature of the soil on each side thereof, and what growth of woods is near it. Each party of said men to keep a journal of their proceedings and observations, and lay the same, on their return, before this Court. They to observe all such directions as they may receive from his Excellency. One man in each party to be a skillful surveyor, and the persons employed, shall have a reasonable allowance made them by the Court for their services." A plan was also proposed during the summer for building a strong fort on the high lands, between the sources of Black river and Otter creek. A military post at that place was deemed important, as it would aiford an opportunity of hindering the enemy in their advances from Lake Champlain, facilitate ope- rations against them at Ticonderoga and Crown Point, and afford a convenient station for scouting parties from Connecti- cut river. The route which had engaged the attention of the govern- ment of Massachusetts, had not escaped the notice of Lord Loudon, the commander-in-chief of the English forces, who also desired that it might be carefully surveyed and marked, and the result reported to him. Col. Israel "Williams, upon this request, drew up a topographical sketch and description of the country, compiled from the journals and notations of oliicers who had traversed it at the head of scouting parties. This survey he communicated to his lordship. In order to carry out the provisions of the General Court, Williams was further directed to make a more accurate examination of the country 1750, 1757.] burk's eajs^gers. 85 with tlie assistance previously voted, and to give such additional information as might seem to him necessary. Owing to the number and hostihty of the Indians in that region, the attempt proved too hazardous for accomplishment. Surveys were, how- ever, made as far as the height of land, but the construction of the road, and the design of building a fort at a point so remote and so little known, was abandoned.* Massachusetts had learned that her best policy was to raise the nsual forces at the commencement of the year, without waiting the requests of defenceless towns and ahnost abandoned garrisons. Such was the course she pursued in the year 1757. In addition to the garrison troops, " one hundred men were employed on the eastern frontier, and forty-five under a captain and lieutenant, on the west side of Connecticut river, to range the woods north of FaUtown." Tlie latter company — known as Rangers — under the command of Capt. John Burk,f were stationed at Hinsdale's fort, on the east bank of the Connecticut. During the month of March they made frequent marches throiigh the neighboring country for the purpose of discovering concealed Lidians. Their course was sometimes along the main stream of West river, and again by its south or west branches. Not unfrequently they ascended to the top of "West river mountain, there to watch for the smoke of the enemy's camp fires. Orders were given to the Commissary General to provide these scouting parties with snow-shoes and moccasins, the better to enable them to perform their toilsome labor. The most important incursion of the enemy on the western frontier during the year, was made at Charlestown in the spring. A body of French and Indians attacked the mills in that place, and captured Samson Colefax, David Farnsworth, and Thomas Adams. The alarm having been given by the firing, the inhabitants repaired to the mills, but finding the enemy too numerous for them, retreated without venturing a blow. The * Hoyt's Indian "Wars, pp. 286, 287. Mass. Court Records. f Captain Burk was present at the siege of Fort William Henry in August, 1757, and belonged to the Massachusetts regiment, commanded by Col. Frye. After the capitulation, " he was seized, and after a vinlent struggle, was stripped of the whole of his clothes, and afterwards escaped into the woods. Straying in various directions, he was overtaken by darkness in the margin of a morass, and, unable to direct his course, lay down in the thick grass and passed the night, covered only by the damp vapor of the swamp. The next day he renewed his march, and fortunately arrived safely at Fort Edward." — Hoyt's Indian Wars, p. 292. 86 HISTORY OF EASTERN YEEMONT. [1758. enemy tlien burned the mills and departed, taking witli them, in addition to the other prisoners, Thomas Robbins and Asa Spafford, whom they met returning from hunting. Farnsworth and Robbins, after being in Canada some time, returned ; the others died there. About the same period, a man was wounded near Rice's Fort, in Charlemont, With these exceptions, the frontiers remained in comparative quiet. But the English were, nevertheless, suffering in another quarter, for the surrendry of Fort William Henry to the French — that deadly and decisive blow of the campaign — afforded them a melancholy subject of contemplation. For many years, scarcely able to maintain what was deemed justly their own, they, by this event, lost one of their most important posts, and the flower of their soldiery,* At the beginning of the year 1758, the British government, in order to repair the disasters of the preceding campaign, determined to employ a formidable force against the French, both by sea and land. The provinces of Massachusetts, Con- necticut, and New Hampshire, voted levies to the number of fifteen thousand men ; and this army, increased by a fleet and a large land force from England, aroused the spirits of the colonists, by the confidence which power and skill inspire, and awakened within their breasts the expectation of success. For the defence of her own frontiers, Massachusetts made the usual provision, while New Hampshire, changing the method upon which she had so long acted, voted men and supplies for the protection of the forts within her own boundaries, which had before been maintained by the magnanimity of the Bay Pro- vince. The incursions on the frontiers were not so frequent this year as on former occasions, but commenced early in the season- At midnight, on the 6th of March, a party of Lidians attacked the house of Capt. Fairbank Moore, situated on West river, in the township of Brattleborough. Having surrounded the building, they burst in the door, and killed and scalped Capt. Moore and his son, but not mitil one of their number had been slain, and several wounded. Mrs. Moore, the wife of the son, and the mother of four children, the youngest of whom was but three or four weeks old, aroused by the yells of the savages, and scarcely knowing what she did, sprang from the bed, and * Accounts of the capture of Fort William Henry by the French, are given in Hutchinson's Hist. Mass. Bay, i. 316; Williams's Hist. Vt., i. SY 6-401 ; Life of Putnam in Humphrey's Works, pp. 250-266; Carver's Travels, pp. 181-186; Hoyt's Indian Wars, pp. 288-295 ; Belknap's Hist. N. H., ii. 298-300. 1758.] CAPTIVITT OF MES. MOOEE. 87 hastily drew on three pah-s of Capt. Moore's long stockmgs, which in the event were the means of preserving her life. Snatching up the baby, and the child next in age, she endea- vored to escape, she knew not whither, by taking a sled-path in which her husband had been drawing wood the day before. She had gone but a short distance, when the Indians overtook her and brought her back. They then searched for portable provisions, and having found a quantity of beans, mixed them with about twenty pounds of tallow, and boiled them in it. This compound being cooled, was put in sacks, and served them for food on the road. Mrs. Moore was then provided with snow-shoes, her babe was committed to her own care, the house was burned, and the party set out on their long march, the children being led or carried by the Indians. They reached Fort Ticonderoga in safety, on the tenth day after their depart- lu'e, havino; crossed the Green Mountains in the most inclement season of the year. Thence Mrs. Moore and her childi-en were taken to Montreal, where they remained in captivity until the year 1762, when they were all redeemed, and returned to their friends.* On the 2Qth of the same month, the enemy appeared at Col- rain, wounded John Morrison and John Henry, burned a barn, and killed several cattle. In the following September, Major Bellows discovered a party of Indians numbering about two hundred crossing Connecticut river above Brattleborough, and advancing towards Ashuelot. No incursions were made at this time in the immediate vicinity ; but soon after Asahel Stebbins was killed at Charlestown, his wife and Isaac Parker, a soldier, taken captive, and a number of cattle feeding in the adjacent woods, slaughtered. * Hoyt notices this transaction as having occurred in the naonth of September ; another account says February. Iloyt locates Mr. Moore's residence in Hinsdale ; anotlier account near Fort Dummer. Tlie relation given in the text is, however, believed to be correct. The farm on which Mr. Moore lived, is now occupied by J^ewman Allen, Esq. To an account of this transaction, which appeared in the columns of the Ver7nont Phoanix in the year 184:9, is appended the following note: "Mr. Moore and his son, alluded to above as having fallen victims to the Indians, are supposed to have been buried near the side of their log-house which was burnt. On Monday last, bones believed to have been theirs were found in Mr. Allen's barn-yard, covered with about one foot of earth and a board over, but apparently with no coffin or box around them. One of the skulls contained an ounce bullet, which was nndoubtedly the cause of death." Mrs. Moore was a daughter of Capt. John Kathan of Putney Consult Belknap's Hist. N. H., ii. 302. Hoyt's Indian Wars, p. 296. 88 HISTOKY OF EASTERN VEKMONT. [1758, 1759. lu regard to the operations of the English on Lake Champlain, great had been the anticipations of success at the opening of this campaign. The result, however, not only fell far short of what had been deemed as almost certain, but for a time brought disgrace and ridicule on the soldiers and generals of the Crown. Abercrombie was defeated at Ticonderoga by a force far his inferior, and it was only the opportune victories of Amherst at Louisburg, Bradstreet at Fort Frontenac, and Forbes at Fort du Quesne on the Ohio, which availed to restore in the provinces that confidence, which, in the spring, had looked forward to the defeat of the French, as an event hardly admitting of a doubt. On their own frontiers, the governments of Massachusetts and New Hampshire still retained in their employ the scouting par- ties which had so long been the defence of those provinces. Al- though the ranging service brought not the honor acquired in a regular or provincial corps, yet it was in this service that Robert Rogers, the most celebrated of rangers, learned the details and minutiae of Indian warfare which enabled him to conduct the expedition against the village of St. Francis, in the following year, with the most triumphant success ; it was in this service that the mind of John Stark received its lessons of brave sol- diery and heroic daring, and liis arm gained that strength which, during the Revolution, was so manfully exerted in defence of the liberties of his country on the field of Bennington. Although it was confidently hoped, at the begiiming of the year 1759, that the western frontiers would be relieved from the depredations of the Indians by the prowess of the English, the theatre of whose exploits was to be in Canada and along the borders of Lake Champlain, still Massachusetts, early in the year, voted supplies for the defence of her settlements. Her ranging parties, and those of New Hampshire, were soon climb- ing the mountain, fording the stream, and threading the valley, in search, not of deer or wild fowl, but of the human denizens of the forest. On the 21st of March, the Indians appeared at Colrain, and captured John McCoun and his wife. The latter was sacrificed to the cruelty of her captors on the second day's march. A party of militia, led by Major Hawley of Northamp- ton, started in pursuit, but the enemy were soon at a safe dis- tance, and the troops proceeded no further than Greenfield. An attempt was soon after made to centralize the regular forces. A company of one hundred regulars, that had been stationed at Charlestown during the preceding winter, were re- 1759.] LETTEK FROM MAJOR ROGERS. 89 moved tlience to the army assembled on the Hudson ; but their places were, on the 4th of May, filled by the same number of provincials taken from the regiment of Col. Israel Williams, in the county of Hampshire. Tlie evacuation of Ticonderoga and Crown Point by the French, which relieved the western frontiers of Massachusetts and ISTew Hampshire from the depredations of the Indians to which they had been for years exposed, spread joy thi"Oughout the provinces ; and the destruction by Major Rogers, on the 5th of October, of the village of St. Francis, situated at the head of the river of the same name, completed what had long been the ardent wish of the English, and to the accomplishment of which their eflbrts had been earnestly directed. To these victories, the surrendiy of Quebec and Niagara added, made this the most glorious campaign ever conducted by the English on the shores of America. After the destruction of the village of St. Francis,* Rogers, to avoid his pm-suers, determined to return to Crown Point by the way of Number Four or Charlestown. Having reached Lake Memj^hramagog, and provisions becoming scarce, he divided his detachment into small companies ; and having or- dered them all to assemble at the mouth of the Upper Amo- noosuck river, where he expected to find food, sent them on their march. After a journey of several days, he and his party reach- ed the point of meeting which had been agreed on. " It is hardly possible," wrote he to Gen. Jeffrey Amherst, " to de- scribe the grief and consternation of those of us who came to Co- hasse Intervales. Upon our arrival there, after so many days' tedious march over steep rocky mountains, or through wet, dirty swamps, with the terrible attendants of fatigue and hunger, we found that here was no relief for us, where we had encouraged ourselves that we should find it, and have our distresses allevi- ated. Notwithstanding, the ofiicer I dispatched to the General, discharged his trust with great expedition, and in nine days ar- rived at Crown Point, which was an hundred miles through the woods ; and the General, without delay, sent Lieut. Stephens to Number Four with orders to take provisions up the river to the place I had appointed, and there wait as long as there was any hopes of my returning, yet, the ofiicer that was sent being an indolent fellow, tarried at the place but two days when he re- * An account of this event may be found in Hoyt'a Indian Wars, pp. 302-306. Belknap's Hist. N. H., U, 302-305. Williams's Hist. Vt., i. 428-433. 90 HISTORY OF EASTERN VERMONT. [1759. turned, taking all the provisions back witli liim about two hours before our arrival. Finding a fresh fire burning in his camp, I fired guns to bring him back, which guns he heard, but would not return, supposing we were an enemy. " Om' distress upon this occasion was truly inexpressible. Our spirits, greatly depressed by the hunger and fatigues we had already suffered, now almost entirely sunk within us, seeing no resource left, nor any reasonable ground to hope that we should escape a most miserable death by famine. At length I came to a resolution to push as fast as possible towards Number Four, leav- ing the remains of my party, now unable to march further, to get such wretched subsistence as the barren wilderness could afford,* till I could get relief to them, which I engaged to do within ten days. I, with Capt. Ogden, one Ranger, and a captive Indian boy, embarked upon a raft we had made of dry pine trees. The current carried us down the stream in the middle of the river, where we endeavoured to keep our Avretched vessel, by such pad- dles as we had made out of small trees, or spires split and hewed. The second day we reached White River Falls, and very nar- rowly escaped being carried over them by the current. Our little remains of strength, however, enabled us to land, and to march by them. At the bottom of these falls, while Capt. Ogden and the Ranger hunted for red squirrels for a refresh- ment, who had the good fortune, likewi^je, to kill a partridge, I attempted the forming of a new raft for our further conveyance. Being unable to cut down trees, I burnt them down, and then burnt them off at proper lengths. This was our third day's work after leaving our companions. The next day we got our materials together, and completed our raft, and floated with the stream again till w^e came to Wattockquitcheyf Falls, which are about fifty yards in length. Here we landed, and by a weatli;}: made of hazel bushes, Capt. Ogden held the raft till I went to the bottom, prepared to swim and board it when it came down, and, if possible, paddle it ashore, this being om* only resource for life, as we were not able to make a third raft in case we had lost this. I had the good fortune to succeed, and the next morn- ing we embarked, and floated down the stream to within a small distance of Number Four, where we found some men cutting * Note by Major Rogers: "Tliis was ground nuts and lily roots, which, being cleaned and boiled, will serve to preserve life, and the use and method of prepar- ing which, I taught to Lieut. Grant, the commander of the party." f Otta Quechee. X ^^^ithe. 1759, 1760.] GENERAL amheest's plans. 91 timber, who gave us tlie first relief, and assisted us to the fort, whence I dispatched a canoe with provisions, which reached the men at Cohasse four days after, which, agreeable to my en- gagement, was the tenth day after I left them. " Two days after my arrival at Number Four, I w^ent with other canoes, loaded with provisions, up the river myself, for the relief of others of my party, that might be coming on that way, having hired some of the inhabitants to assist me in this alfair. I likewise sent expresses to Suncook and Pennacook,* upon Mer- rimack river, that any who should chance to straggle that way might be assisted ; and provisions were sent up said rivers accordingly, "f Having returned from his expedition up the river, Maj or Kogers waited for his men at Number Four, and having collected a part of his force, marched for Crown Point. On reaching that station, on the 1st of December, he found that he had lost by exposure and in other ways since leaving the ruins of St. Francis, three lieutenants and forty-six sergeants and privates. General Amherst, the English commandei*, having informed Governor Pownal of Massachusetts, that his operations would effectually protect the frontiers from further incursions of the enemy, Col. Israel Williams, by the goverijor's orders, in the month of October, discharged the smaller garrisons along the Massachusetts cordon, and on the Connecticut river. The troops at Charlestown having gone with General Amherst, that post, not being deemed liable to an attack, was left unde- fended. Forts Dummer and Massachusetts, and the post at West Hoosac, were the only stations on the north-west frontiers of the province where garrisons were retained.:}: Although the strength of the French in Canada had been broken, yet the remainder of the season was too short to effect the total subjugation of that province. In the summer of 1760, General Amherst, in order to bring about this result at one blow, laid his plans for approaching Montreal by three differ- ent routes. The men under the command of Col. John Goft'e, who had been raised in New Hampshire for the service of this year, having met at Charlestown, instead of being ordered to Crown Point by the way of Albany, were commanded to cut * Now Pembroke and Concord. f Letter to General Jeffrey Amherst, November oth, 1759, in Journals of Major Robert Rogers; London, 1765, pp. 146-168. X Iloyt's Indian Wars, p. 307. 92 HISTOKY OF EASTERN YERMONT. [1760. a road across the present state of Yermont, thus opening a direct communication by land between Connecticut river and Lake Champlain. Tlie road began at Wentworth's Ferrv, two miles above the Fort at Charlestown, and was laid out twenty- six miles in the course of Black river, as far as the present town of Ludlow, where commenced a path which had been made the year before by Lieut.-Col. Hawks.* Li this they passed over the mountains to Otter creek, thence along the borders of that stream in a good road previously constructed, to Crown Point. Their stores and baggage were conveyed in wagons the first twenty-six miles of the route, and from the point where the wagon-road ended, on pack-horses, across the moun- tains to the place of destination. By the same course, a drove of cattle for the supply of the army, were removed from Charles- town to Crown Point, during the campaign. While the JS^ew Hampshire regiment were engaged in cutting the road, the trails of Lidians were occasionally seen in the adjacent woods, but no hostilities followed. Tlie last incursion of the Indians on the fron- tiers of New England during the war was at Charlestown, whence the family of Joseph Willard were taken and carried toMontreal, a short time previous to its investment by the English. Atfairs in the .colonies began now to wear a more cheerful aspect. Tlie Marquis de Vaudreuil, Governor of Canada, finding it impossible to resist the combined forces of Generals Amherst and Murray, and of Col. Haviland, offered to capitu- late, and the whole province of Canada, on the Sth of Septem- ber, became the possessions of Great Britain. Tlius ended the war in America, and for the first time since the year 16S9, when " King William's war," as it was called, began, was there a prospect that peace would be long in its duration and pro- tective in its character. Those who had deserted their settle- ments at the breaking out of the war, now returned to them, and fields which had for a long time lain uncultivated, began once more to wave with luxuriant liarvests.f The fort on the Great Meadow, which had been rebuilt in the year 1755, and which had been occupied as such, since * In the " Memoir of General Stark," Concord, 1831, p. 180, it is said, that in the spring of the year 1759, Capt. John Stark "was employed with two hundred Rangers in cutting a road from Ticonderoga to Charlestown, N. II." It is pro- bable that Hawks and Stark were employed on different portions of the same general roiite. \ Belknap's Hist. N. H., ii. 306, 807. 1750-1770.] GRANTS BY GOVERNOR WENTWORTH. 93 that period, was now turned into a dwelling, as were other posts in the vicinity, similarly constructed ; but the defences being allowed to remain, these buildings were easily convertible to their original use. Nor were precautious of this nature entirely useless. Although the enemy did not again appear in any considerable force, yet during the two or three following years the settlers were occasionally alarmed by reports of their proximity, and found protection from danger, sometimes, it is true, more imaginary than real, in their old fortifications. Governor Wentworth, who, on the 3d of January, 1749, had chartered the township of Bennington, and from that time until the 6th of April, 1754, had made grants of fourteen other town- ships within the present limits of Vermont, now commenced a course similar but more extensive, by granting the township of Powual, on the 8th of January, 1760. Before the close of the year 1764, so actively had he been engaged in prosecuting his designs, that he had named and sold one hundred and eight- een townships, and had given fourteen thousand acres of land to reduced officers. This territory included the richest and most valuable portions of the land over which New Hamp- shire claimed jurisdiction, and left but little of it ungranted. The governor's official fees, and a reservation in every town- ship of a certain portion of land for his own use and benefit, made him one of the richest men in his own province, and put him in possession of an abundance of good land, for which he rendered no compensation. For the purpose of resuscitating the settlement at Westmin- ster which had been abandoned. Col. Josiah Willard Jr., for- merly of Fort Dummer, obtained a renewal of the charter of that town, on the 11th of June, 1760, and notified to the pro- prietors* a meeting. In accordance with this notice, " a legal meeting of the proprietors of the township of Westminster, in the province of New Hampshire," was held on the 4th of February, 1761, " at the house of Mr. John Averill, in said Westminster," at which Benjamin Bellows, of Walpole, presided as moderator. Means were taken to apportion the land satis- factorily, and preparations were made for permanent settle- ments on the broad and fertile plains which now constitute so much of the beauty of that village. At a subsequent meeting held May 6th, several valuable lots of land were voted to CoL * See Appendix F. 04 IIISTOKT OF EASTERN VERilONT. [IToO-lTTO. Willard, in additiou to those he then held, provided he shoiikl build a saw mill and a grist mill within the limits of the town. At the same time a tax was laid on the proprietors, in order to raise a fund from which to reward him for the various services he had rendered them. These efforts to multiply inducements to settlers from the older provinces were not without success, and Before the close of tTie jear 1766, more than fifty families were located in Westminster.* According to the census of 1771, taken by the order of Governor Dunmore of l^ew York, this town was the most populous in that part of the province, the whole number of actual residents being four hundred and seventy-eight. Tlie charter of Westminster was confirmed by the government of New York, on the 16th of March, 1772. The charter of the township of Putney had been given by Benning Wentworth, governor of New Hampshire, to Col. Josiah Willard and others, and bore date December 26th, 1753. Settlements had been made on the " Meadows" in Putney, as early as the year 171:4, and although they had been broken up by the Cape Breton war, yet they had been renewed about the time of the granting of the charter. The return of peace again gave an impulse to this almost abandoned settlement. Pleasantly diversified with the meadow-land and the hill- country ; with woods whose recesses were rendered dark at mid- day by the towering pine, and the less tall but more exjjanded oak, butternut, and elm ; with streams whose devious courses afforded a secluded home for the timid trout, or whose waterfalls promised encouragement to enterprise — Putney attracted the attention of the adventurer winding his way along the Con- necticut, and gave him an abode among her woodland retreats. * MS. Westminster Records under Massachusetts. The conditions on -which the settlers agreed to release to Col. Willard certain lands in the township of Westminster, are stated in the following language in the MS. volume above named: — "Provided he shall Build a Good Saw ^lill and Grist Mill in s** Town, and saw and grind at the usual Price of sawing at the Neighbouring Mill, and Grind Likewise at the same Toll Taken at the Neighbour- ing Mills. The Saw MiU to be built by the first Day of October next, and the Grist Mill in two years if the Town should Desire the same, and [he to] keep the said Mills in Repair ten years or Longer or Deliver up s"^ stream for the use of the s"^ Proprietors after y® ten years, if he Refuses to Continue to keep s'^ Mills in Repair. And it is to be understood that if the stream that is in 6"^ land be not sufficient for Constant Water for a Mill, then the said Town is to Provide a stream for B'^ ]Slill to be built upon, and Land for the Conveniency of building e^ Grist Mill on, or the said Willard to be Exempted from building s^ Grist Mill." See also Land Papers in Office See. State, N. Y., vol. xix., under date October 1st, 1765; vol. xxl, imder date June 25th, 1766. 1750-1770.] SETTLEMENT OF PUTISnET. 95 Early in the autmnu of 1762, Lieut. Josliua Hide piircLased in Putnej a tract of land lying in the east part of the town on the river, comprising twenty-eight hundred acres, and in Decem- ber following removed his family, and settled them in a house situated about fifty rods south of the spot where Westmoreland bridge has since been erected. At this time, with the exception of the families on the meadow, there were only two other families in the place — those of John Perry, and Philip Alexander, who lived not far from the river. There was no saw nor grist mill in town, and the grain for their daily bread was for several years carried for grinding either to ISTorthfield, Massachusetts, or to Chesterfield or Westmoreland, JN'ew Hampshire. In 176'al, Joshua Parker purchased land in Putney, and soon after drove the first cart which had ever appeared in town, through the main street to the north end of it, where he had fixed his residence. Although he removed his family from Canterbury, Connecticut, in October, yet he located them for the winter in Westmoreland for the convenience of mills, and did not settle permanently in Putney until March, 1765. A saw mill and a grist mill were soon after put in operation, and the settlers were thus relieved from several of their greatest embarrass- ments. Meantime, Henry Walton, James Cummings, and Moses Johnson had erected dwellings on the street, and Ben- jamin Hutchins and Samuel Skinner in the eastern part of the town. Before the middle of the year 1765, the number of families had increased to fifteen. Few though they were in numbers, yet they forgot not the worship of God ; and meetings for this purpose, held for several years at the house of Joshua Parker, by whom they were con- ducted, or in the barn of James Cummings, and afterwards, when the settlers had become more numerous, in more conve- nient places, served to cherish in their breasts the spirit which they had brought from their native provinces — a spirit derived from the Puritan, but pruned of the severity, dissimulation, bigotry, and intolerance, which were too often manifest among those who bore that venerated name. In 1768 ISToah Sabin of Rehoboth, Massachusetts, afterwards distinguished in the annals of Cumberland county, removed to Putney. The town was char- tered by New York on the llth of Kovember, 1766, and on the 8th of May, 1770, it was organized, and town officers were chosen.* * From two MS. " Historical Sermons," preached at Putuey, by the Kev. E. D. 96 HISTORY OF EASTERN VERMONT. [1750-1770. The township of Hahfax, the second in the state gi-anted by New Hampshire, was chartered on the 11th of May, 1750. At the instance of Oliver Partridge, one of the principal grantees, it was divided into sixty-four equal shares, and the lot of each owner was marked at the corners with " lasting boundaries." In the centre of the town was a large space of a hexagon shape taken from the surrounding lots for public uses. Settlements were commenced in 1751, but those who undertook them were not able to prosecute their plans on account of the hostility of the Indians. After the reduction of Canada, the proprietors of more than forty lots renewed their exertions " with good pro- Andrews, on a Fast-Day, in the year 1825, which have afforded the materials for the paragraphs in the text relative to that town, the following additional par- ticulars are extracted: — "In the year 1768 there were on the street, besides the families before named, William Wyman's, settled near the house now occupied by Captain Ash ; Charles Kathan's, near Dr. Campbell's place ; and Amos Haile's. West of the street there were but three families, viz. John Butler's, where Peter Blood now lives ; Michael Law's, where Aaron Houghton now lives ; and Dennis Locklin's, on the farm now owned by the lion. P. White, forty or fifty rods in the field south of his farm-house. East of the mouth of Sackett's Brook there were four families, viz. Jonas Moore's, where Abel Hubbard now lives ; Leonard Spaul- ding's, near B. Reynolds's ; Fairbank Moore's, on Timothy Underwood's farm ; and Samuel Allen's, on the farm of Jonas Keyes Jr. At that time there was no road fi'om the Great Meadow to the street, except on the bank of the river as far as Kathan's ferry, and thence up to the street. The valley through the middle of the town was then chiefly a wilderness. "In 1768 the Hon. Noah Sabin built the first framed house, on the ground nearly opposite Deacon Taft's ; and the building is now a part of the store of Leavitt and Crawford. The same year Amos Haile built a framed house, oppo- site the house now occupied by the Hon. Theophilus Crawford. James Cum- mings built the house where Abel Haynes lives, and Charles Kathan also built on the spot where Mrs. McLellan lives, near Dr. Campbell's. Not long after, Moses Johnson built the first two story house on the street — the house now occupied by Elijah Blake, thirty rods north of the meeting-house. The first saw-mill was built on the site of the paper-mill in 1765 or 1766. The first grist-mill was built by Deacon Minott, where Minott's mills now stand, in the year 1766. The second grist-mill was built by Jonathan Houghton about the year 1769. It was situated fifteen rods east of the paper-mill, on the site where Newell Moore's blacksmith shop now stands. The first clothing-works were built in the east part of the town by Capt. Roswell Parker in the year 1785. The first blacksmith, who worked in town, was Capt. Daniel Jewett. He commenced about the year 1773. The first store was opened about the j-ear 1770, by Peter Wilson, a little west of the house of the Hon. John Noyes, and here was the first tavern. The second store was opened by Charles Chandler, twelve rods south of the meeting-house, about the year 1783. Tlie first meeting-house was built in 1773." Many changes have taken place since the Rev. Mr. Andrews collected these mimite details of the early settlement of'Putney, but it was supposed they might still possess some interest to those curious in preserving the grains of local history, and for that reason they have been here inserted. 1750-1770.] SETTLEMENT OF MARLBOROUGH. 97 ficiency," and altlioiigli the township consists ahnost entirely of " mountainous lands," and was then very heavily " loaded with timber," yet the proprietors were sanguine that their settlement would at some future period " prove beneficial to the public." The township of Marlborough, after having been chartered by New Hampshire by that name, on the 29th of April, 1751, and again on the 21st of September, 1761, was chartered as New Marlborough, on the 17th of April, 176-4. The prefix being dis- liked, was dropped by the consent of most of the inhabitants, the original name only being retained. The first two charters were granted to Timothy Dwight of Northampton and his associates, the third to Charles Phelps and his associates. Phelps, as the principal grantee, was directed to call town-meetings in accord- ance with the conditions of the third charter. Under the firet charter the outside lines of the town were nin and the corners set in 1752, but owing to the French war the grantees were unable to comply with the requisitions of their charter, and for this reason it was forfeited. On the renewal of the charter means were taken to eifect a settlement, and in May, 1762, the town was laid out by Joseph Allen Jr., surveyor, and Eliphaz Clap, Oliver Brigham, Joel Strong, and Timothy Parsons, chaimnen.^ Tlie first actual settler was Abel Stockwell, who, in the spring of the year 1765, removed with his family from "West Spring- field, Massachusetts. Entering by the road passing through Brattleborough, he established himself in the eastern part of the town, on the farm since occupied by Luther Ames. The first tavern in town was opened and kept by Stockwell.f Francis Whitmore with his family from Middletown, Connecti- cut, commenced the second settlement. He came in by the way of Colrain and Halifax, and chose for his location the farm which was afterwards occupied by his gi-andson, Levi Barret. Although his entrance succeeded that of Stockwell but a few weeks, yet the two lived nearly a year within a few miles of * Petitions from Oliver Partridge and others, dated Ifovember 12th, 1764, October 7th, 1765, and August 5th, 1766; also from Charles Phelps and his asso- ciates, dated October 15th, 1765, and October, 1766, in Land Papers, in ofBce Sec. State, N. Y., toIs. xvii., xx., xxi. Records in To-wn Clerk's office, Marl- borough. f The first birth in Marlborough was that of Aaron Stockwell, son of Abel Stockwell Jr. and Patience his wife, which took place July 9th, 1768. Abel Stockwell Jr. was the son of Abel Stockwell, the first settler. 7 98 mSTOKY OF EASTERN VERMONT. [1750-1770. one another without becoming acquainted, each supposing that his own family was the only one in the town. On accomit of their distance from other settlements, the families suffered severely from the want of the necessities and conveniences of living. Capt. "Whitmore was accustomed to bring all his grain on his back, through the woods, from Deerfield and Col- rain, a distance of from twenty to thirty miles. "With difficulty a cow was kept through the first winter, upon browse and wild grass gathered in the preceding summer. During another winter, Capt. Whitmore supported his oxen with the hay he had previously cut from a beaver meadow.* To this spot he di'ove his oxen at the commencement of the cold weather, built for himself a camp, and there remained performing the duties of an oxherd until the following spring. Tlie winter of the year 1765 was a lonely one to Mrs. Whitmore. Her husband pursuing, his calhng as a tinker, was absent in the older settle- ments, earning something for the support of his family. During the short unpleasant days, and the long, cheerless nights of that dreary season, she saw no human being but her little daughter. Once, it is true, a party of hunters visited her dwelling in their wanderings, but the shortness of their stay only added to her loneliness. In this situation she displayed that force of mind, and power of contrivance, which in a more public situation would have earned for her the name of a heroine. Her hands were not employed in performing simply the lighter duties of the household. In order to supply her fire with fuel she felled the trees of the forest, and on the twigs which the branches aftbrded she supported her little stock of cattle. She procured water for them, and herself, and daughter, by melting snow, it being easier to pursue this method than to seek for the springs through the deep snow. In this manner she spent the winter, and although her sufferings were occasionally severe, yet con- stant employment left her but little time for unavailing com- plaints.']' * TTiis meadow is now covered with a mill-pond. It is situated about half a mile north of the meeting-house, on the west side of the New Fane road. ■j- " Mrs. Whitmore was exceedingly useful to the early settlers, both as a nurse and midwife. She possessed an uncommonly strong constitution, and frequently travelled through the woods upon snow-shoes, from one part of the town to another, both by day and night, to relieve the sick and afflicted. On one occasion in the night, she went on show-shoes through the woods, keeping the path by the assistance of blazed trees, from her own house to that of CoL William Williams, situated at the mills known as the Underwood mills, a distance of not 1T50-1YY0.] TOWNSHIP OF NEWFANE. 99 In 1764:, the year following the arrival of Stockwell and "Whitmore, Charles Phelps, a lawyer from Iladlej, Massachu- setts, removed with his family to Marlborongh. He and his sons Solomon and Timothy, though men of eccentric mental conformation, bore a prominent part in the history of the country, and their names will be frequently met with on these pages. A begimiing having been made, the population of the town increased gradually, and before the close of the year 1766, the number of settlers amounted to twenty-seven.* The town of "Wilmington was chartered by New Hampshire, by that name, on the 29th of April, 1751, to Phinehas Lyman and fifty-seven others. As the conditions of the grant were not fulfilled by the grantees, the charter, by its own provisions, became void. When the town received its second charter from Xew Hampshire, on the 17th of June, 1763, its name was changed to Draper, and its proprietors were His Excellency Francis Barnard and sixty-six others. The name Draper being disliked, the old name of Wilmington was subsequently revived by the common consent of the inhabitants, and has been re- tained to this day. Before the close of the year 1765, seven families had become mhabitants of the township, and others not yet residents had cleared and improved many acres of land. Although these inceptive measures gave promise of enterprise and activity, there were but seventy-one inhabitants in tlie town, in the year 1771. By the name of Fane, the township now known as Newfane, was granted by New Hampshire on the 19th of June, 1753, to Abner Sawyer and sixty -seven others, his associates, many of whom were inhabitants of Shrewsbury, Massachusetts. At- tempts were made in the following year to comply with the terms of the charter, by clearing a certain amount of land and allotting it in severalty, but the state of the times forbade a suc- cessful prosecution of the work, and the charter was forfeited. A new charter was issued by New Hampshire, on the 3d of less then six miles. Capt. Whitmore died May 31st, 1790, aged about seventy years. Mrs. Whitmore was afterwards married to Isaac Pratt, an early settler, from Shrewsbury, Massachusetts. She died after a lingering sickness, Slay 24th, 1814, at the advanced age of eighty-seven years. During her life she officiated as midwife at more than two thousand births, and never lost a patient." MS. History of the Town of Marlborough, by the Rev. Ephraim H. Newton, written in 1824. * Thompson's Vt. Gazetteer, p. 174. Thompson's Vt., Part III., pp. 110, 111. Appendix to Deming's Catalogue, p. 159. 100 HISTORY OF EASTERN TERMOIH'. [1750-1770. l^ovember, 1761, to Benjamin Flagg and sixty-four other gran- tees, and its present name was given to the toivn.* Li May, 1766, a settlement was commenced by Deacon Jonathan Park, Nathaniel Stedman, and Ebenezer Dyer, who emigrated from Worcester county, Massachusetts. "For several years, they suf- fered all the hardships and privations incident to the settlement of a new country. Without roads, horses, or oxen, they were under the necessity of conveying, by their own strength, all their provisions from Hinsdale, a distance of twenty miles, through a pathless wilderness." Lucy, a daughter of Deacon Park, whose birth took place on the 15th of August, 1769, was the first child born in the town. That the township which now bears the name of Rocking- ham was first granted by Massachusetts, is not a fact establish- * On the loth of July, 1Y65, Ebenezer Morse, Ephraim Doolittle, and Job Gush- ing, a committee of the proprietors of the township of New Fane, sent from Shrewsbury, Massachusetts, a memorial to Lieut. -Governor Cadwallader Golden, of New York, containing an account of the situation of the township of New Fane. Referring to the second charter issued by New Hampshire, they said : " Your petitioners have, agreeable to the demands of said Chartei", made all possible efforts in order effectually to settle said Lands so granted, and have already ex- pended Six Dollars upon Each Right or Share, in making Publick Roads, and in other Publick Services, and cleared upon the several Lots in said Township more than fifteen hundred acres of Land (as we judge), and were vigorously prosecut- ing the settlement of said Township, When Your Honor Issued a Proclamation, Laying Glaim to all the Land West of Gonnecticut River (then chartered out by the Governor of New Hampshire) as belonging to the Government of New York." They also stated that the doubts which had arisen in their minds in regard to the validity of the New Hampshire charter, had retarded the settlement of the town- ship. In order to remove all obstacles, they asked for a confirmation grant ; and that they might not be compelled to pay more than the usual fees, they prayed that the confirmation might be made before the stamp act should become obliga- tory. For a long time, no notice appears to have been taken of this petition, and when, finally, the attention of the Governor was directed to the subject, instead of confirming the New Hampshire charter, he, on the 11th of May, 17Y2, made a grant of the township to " Walter Franklin and twenty other persons, principally residing in the city of New York." On the day following this transaction, Frank- lin and his associates conveyed their right to Luke Knowlton and John Taylor of Worcester county, Massacliusctts. The titles to all the land in Newfane are by consequence derived from the New York charter. In the conveyances which were made to Knowlton, allowance was, without doubt, made for the lands which he then owned in the township. That his title to a portion of the lands ante- dated that derived from Franklin, appears by a memorial presented to Governor Moore of New York, dated Jan. 28th, ITGT, in which it is stated, that at that time New Fane was partially settled and improved, and that Knowlton held land there of which he had got possession, by deed. — New York Colonial MSS.. Land Papers, May 2d, 1765, vol. xviii. ; July 10th, 1765, vol. xix.; January 2Sth, 1767, vol. xxii. ; Thompson's Vermont, Part III., p. 126. 1750-1770.] THE OLD TOWNSHIP OF HINSDALE. 101 ed bejond dispute. There is, however, a strong presumption that at the time when AV^estmiuster was granted, by the name of " Number One," Rockingham received similar privileges from Massachusetts, under the name of " J^umber Two." Pre- vious to the year 1750, the township was known as Goldens- town. A. charter having been obtained from l!Tew Hampshire on the 28th of December, 1752, a settlement was commenced in the following year by Moses Wright, Joel Bigelow, and Si- meon Knight, who emigrated from Massachusetts. Like other towns, similarly situated, it was deserted during the war which soon after followed, and on the restoration of peace was organ- ized about the year 1760. " The attention of the first settlers was principally directed to fishing for salmon and shad, which were then taken in great abundance at Bellows Falls. For this reason, agriculture was, for many years, much neglected, and the settlement advanced very slowly." ISTotwithstanding these drawbacks, Michael Lovell and Benjamin Bellows Jr., two of the principal proprietors, declared, in the year 1765, that there were at that time twenty-five families settled in the town, and further, that they had made sufficient improvements to fulfil the conditions of their charter. Townshend, although chartered by New Hampshire on the 20th of June, 1753, was for many years unvisited and uninha- bited. In the year 1761, the first settlement was commenced by Joseph Tyler of Upton, Massachusetts. He was soon joined by John Hazeltine, and others from the same town; but of the progress which they made in reducing the wilderness and in advancing the growth of the ncAv settlement during the six years succeeding the close of the war, there are no means of judging. The old township of Hinsdale,* which included lands on both sides of the Connecticut, was granted by Massachusetts at a very early period. Even after the river had been declared the boundary line between the provinces of New Hampshire and New York, and the township had in this manner been divided, the different parts, although under distinct organizations, still retained their original name, and were thus known until the 21st * It derived its name from the Rev. Ebenezer Hinsdell or Hinsdale, -who was probably one of the original proprietors. This excellent man, of whom an account has already been given, served for many years as chaplain to the neighboring garrisons, and by his sound judgment and excellent counsels, wielded a healthful influence over all with whom he was brought in contact. 102 HISTORY OF EASTEEN VERMONT. [1750-1770. of October, 1S02, when the name of Hinsdale, in Yermont, was changed to that of Vernon, The date of the fii'st grant is not accurately known. In a petition, still extant, from Samuel Hunt, by his attorney Oliver Willard, which was presented to the provincial government of ]S[ew York on the 3d of Novem- ber, 1766, it is stated, that the tract of land comprised in this township, " was purchased of the native Indians and granted by the jDrovince of the Massachusetts Bay, near one hundred years ago, and soon afterwards cultivated and settled ; and that it was afterwards found to be in the province of New Hamp- shire, and was then confirmed to the proprietors by power dated the 3d of September, 1753." The " power " referred to, was the charter issued by Governor Benning Wentworth, by which the township of Hinsdale, including land on both sides of the Con- necticut, was regranted to Ebenezer Alexander and ninety-four others. An alteration was made in this charter or a new one was issued on the 26th of September, 1753, by which the grant was divided into two towns. The west bank of the river formed the line of separation, and each town was known as Hinsdale, Portions of the town since known as Yernon were subsequently cliartered by New York, under the names of Hins- dale and Fall Town Gore. In a "Narrative of the Controversy" between New York and New Hampshire, by Ethan Allen, reference is made to the early history of Hinsdale in these words : " This township had first been granted by the government of the Massachusetts Bay, and upon the settlement of the boundary line between the Massachusetts Bay and New Hampshire in 1739, it fell within the latter, and by that government was granted and fully ratified to the inhabitants and proprietors, who, in addi- tion to their title, had also the Indian right." The earliest inhabitants were emigrants from Northfield and Northampton, Massachusetts. They encountered with spirit and resolution the dangers to which they were exposed from their enemies, the Indians, and some of the incidents in which they were participants have already been recorded. Previous to the Ejng's decision of the boundary line between New York and New Hampshire, which decision was made on the 20th of July, 1764, the Eev. Bunker Gay was settled at Hins- dale, in the " work of the gospel ministry." As " an encou- ragement" to him in his labors, "the inhabitants of Hinsdale, then living on both sides of Connecticut river, voted " to give 1T50-17Y0,] THE EEV. EUNKEK GAT. 103 him three hundred and fifty acres of land. "Whether the zeal of his parishioners became cool as their worldly prospects bright- ened, or whether they deemed it wrong for a servant of heaven to be a landliolder on earth, does not appear. The land, how- ever, was not allotted ; and when there appeared no prospect of a better state of affairs, Bunker Gay prayed the government of New York for the gift of a thousand acres in the west part of the town, in lieu of the old promise, on which he had ceased to rely. No records have yet shown the fate of his petition. CHAPTER Y. FIRST SETTLEMENTS. Brattleborough — Fulhani or Dummerston — The " Equivalent Lands" — Frauds — John Kathan — Chester — Guilford — Peculiarity of its Organization — Grafton — Hartford — Norwich — Plymouth — Reading — AVindsor — Pomfret — Hartland — AVoodstock — Thetford — Sharon — Springfield — "Weathersfield — Fairlee — Guild- hall — Cavendish — Andover — Bradford — Lunenburgh — ^Newbury — Col. Jacob Bayley — Immigration. The first civilized settlement -vvitbin the boundaries of Ver- mont was made at Fort Dummer, in the south-eastern corner of the township subsequently known as Brattleborough, in the year 1724. Tlie charter of Brattleborough was issued by ]^ew Hamsphire on the 26th of December, 1753, but several jeare elapsed before any attempts were made to colonize those portions of the town which are now comprised within the limits of the east and west villages. One of the principal proprietors was Col. William Brattle of Boston, and to him the tovm owes its name. Josiah Willard, Nathan "Willard, David Sar- geant, David Sargeant Jr., John Sargeant, Tliomas Sargeant, John Alexander, Fairbank Moore and son, Samuel Wells, and John Arms, were among the first settlers, and were all from Massachusetts, with the exception of John and Thomas Sar- geant, and John Alexander, who were born at Fort Dummer, John Sargeant is believed to have been the first white person born in the state. His father and his brother David were ambushed by the Indians, and the former was killed and scalped. The latter was carried into cai3tivity, and adopted the Indian habits and manners, but subsequently abandoned his savage pursuits and companions, and returned to his friends. Governor Wentworth manifested much interest in the early set- tlement of this town and of Rockingham, and in both of them, according to his own statement, he was at " considerable ex- 1750-1770.] ALLOTMENT OF THE "EQUIVALENT LANDS." 105 pense in erecting mills." Brattleborougli was at an early period a flourishing settlement, and prosperity has at all times subse- quent characterized its condition. The township of Dummerston includes within its limits a por- tion of the territory which was formerly known, and has been previously spoken of, as the " Equivalent Lands." After these lands had passed from the hands of the government of Connec- ticut, in the year 1716, they were held by gentlemen from Connecticut, Massachusetts, and London. Application having been made by five of the proprietors to Samuel Partridge of Hatfield, Massachusetts, one of His Majesty's justices of the peace, desiring him, in his oflicial capacity, and in accordance with tlie laws of the province, to appoint a meeting of all the proprietors, Major John Stoddard of Northampton was, on the 26th of March, 1718, directed to make the appointment. Li obedience to this order. Major Stoddard issued the following notification on the 28th, which was posted "at some public l^lace " in the county of Hampshire : " These may certify all persons concerned, but more especially the several and respective proprietors of the Equivalent Lands, so called, lying in the county of Hampshire : — • "That pursuant to a law of the province, and at the desire of five of the proprietors of the said lands, the Honorable Samuel Partridge, Esq., hath appointed the first "Wednesday of June next, at two o'clock in the afternoon, at the Green Dragon Tavern, in Boston, to be the time and place for a meeting of the said proprietors, in order to the choosing of a proprietor's clerk, the appointing a committee to be selected out of their number for such purposes as shall be agreed on, the dividing or disposing of their said propriety or any part thereof, the choosing an agent or general attorney to represent, manage, and act for them, to regu- late meetings for the future, etc. I do, therefore, hereby, in obe- dience to a warrant directed to me for that end from the said justice, inform and give notice to all the proprietors of said Lands, that there wiU be a meeting at the time and place, and for the ends aforementioned, and they are hereby desired to give their attendance accordingly." The " Equivalent Lands" were afterwards allotted by mutual agi'eement, and it is probable that the allotment took place at the meeting notified by the above warrant. The tract situated above Northfield, including portions of the present to-svns of Put- ney, Dummerston, and Brattleborougli, fell in the partition to 106 mSTOBT OF EASTEEN VERMONT. [1750-1770. William Dummer, afterwards Lieutenant-Governor of Massa- chusetts, Anthony Stoddard, WilKam Brattle, and John White, " and a deed thereof " was made to them by Gm-don Saltonstall and others, " as their part and proportion." Between the years 174i and 1750, when attention was first aroused to the subject of setthng the lands on Connecticut river, situated between the north line of Massachusetts and Number Four, the idea was prevalent that Governor Wentworth of New Hampshire had received advices from Great Britain, instructing him to give to the inhabitants of Massachusetts who were pro- prietors under that province within the specified limits, the privilege of the first choice of lands ; and in case they should re- fuse to take out charters under New Hampshire, then to extend the privilege to whoever should next apply. In the year 1750 Joseph Blanchard of Amherst, New Hampshire, was sent to sur- vey the territory which it was in contemplation to grant. His examination having been completed, the old proprietors of the " Equivalent Lands " petitioned the Governor of New Hamp- shire for a grant of that tract, and a portion of the adjacent ter- ritory. Accordingly, on the 26th of December, 1753, the "Equi- valent Lands," together with a " considerable quantity of other lands, was formed into three townships, beginning at the north bounds of Hinsdale, on the west side of the river, and extending back about six miles, and so far up the river" as to enclose the required amount. Previous to this, the whole of the " Equiva- lent Lands" had been known by the name of Dummerston. Tlie proprietary of Dummerston, with the territory added by New Hampshire, was now divided into the townships of Ful- ham, Putney, and Brattleborough. Tlie name Fulliam* was afterwards changed to Dummerston, but at what time no record shows. As late as 1773, the town was called by both names. In the charters of the three towns, the names of several new proprietors were admitted, but particular care was taken that the rights of the original grantees should not be infringed. In a peti- tion presented by these grantees to Governor Wentworth, in the year 1760, he was requested to confirm to Anna Powell, who held the share fonnerly belonging to Governor Dummer, one quarter part of the " Equivalent Lands," and to the heirs of Anthony Stod- dard, to the heirs of John AVhite, and to William Brattle, each, a * In old documents, the name is spelled Fullum, FuUham, and Fulham 1750-1T70.] ALLEGED FRAUDS. 107 like portion. The confirmation was made in accordance with these instructions, and it was generally supposed that satisfaction had been given to all concerned. At the close of the war, when Governor Wentworth had rec6mmenced his prodigal system of apportioning lands, there came to Portsmouth from Pomfret, Connecticut, one Isaac Dana, who stated that " a certain Mr. "White " had an interest in the " Equivalent Lands," but that no portion had been given him in the allotment which had been made seven years previous. To compensate for this neglect, Dana asked for the grant of a township. Col. Josiah Willard of Winchester, New Hampshire, who was present, told him that if any wrong had been done, the blame lay with Col. Brattle, who had acted as agent for the proprietors of the "Equivalent Lands," and had ordered all matters "to his liking." Notwith- standing this declaration, Dana received, on the 8th of July, 1761, a patent for the township of Pomfret, on the New Hampshire Grants, and departed satisfied. It is doubtful whether the heirs of White ever received any benefit from this transaction. A few days passed, and there appeared at Portsmouth " one William Story, a gentleman from Boston." He also complained of the injustice which had been done White's heirs in the dis- tribution of the " Equivalent Lands," and prayed for redress or compensation. Col. Theodore Atkinson, the Governor's secretary, was very merry when this claim was proffered, deem- ing it as fraudulent. But his laugh was no more effective than had been the reasoning of Willard, and to Story and his associates was set off the township of Bernard on the 17th of July, 1761, though the application had at first been made in the name of the injured heirs of the injured White. On the 11th of August, 1766, one Joseph Bryant discovered that in the charter of the township of Putney, " only about two thirds" of the names of the heirs of White had been inserted. He also ascertained that other names had been substituted for those of the unlucky one third, by which a great wrong had been committed. A memorial containing this and kin. di'ed information, was in consequence dispatched to Henry Moore, Governor of New York. Whether that official ex- hibited on this occasion a disposition as yielding as that which characterized the conduct of Governor Wentworth, it is impossible to say. As to the frauds which were afterwards practised by means of John White's neglected title, old 108 HISTORY OF EASTERN VERMONT. [1Y50-1Y70. manuscripts, soiled land papers, and formal depositions are silent.* Soon after the charter of Fulham was granted, John Kathan, who had resided within the limits of the town since the year 1752, united with a number of persons, purchased in conjunc- tion with them, from the New Hampshire proprietors, a part of the townshij), and in the year 1754, according to his own account, removed there, " with his wife and seven or eight helpless chil- dren." Possessing the qualities of industry and perseverance — qualities especially necessary to the successful management of a new settlement, he addressed himself with energy to his task, and " did actually clear and improve above a hundred and twenty acres, and built a good dwelling-house, barn, and all necessary offices, and also a saw mill, and potash works." In order to guard his improvements, he was " at a considerable expense in building a fort round his house," and was " under the disagree- able necessity of residing therein during the course of a tedious and distressing war." Misfortune rendered his toil more severe. * MSS. ia connection -with a deposition made by Israel Williams, June 29tli, 1786. Deposition of Joseph Blancbard, dated Amherst, N. H., August Tth, HST. Petition of Joseph Bryant, dated August 11th, 1766, in Colonial MSS., Land Papers, office Sec. State, N. Y., vol. xxi. To the MS. " Records of the public Proceedings of the Town of Dumerston, alias Town of FuUham," the annexed account of the circumstances attending the early history of that proprietary is prefixed as an " Introduction." " The tract of land called Dumerston is a part of the tract of land on the west side of Connecticut river, formerly granted to Connecticut government as an equivalent for some lands which the province of Massachusetts Bay had granted to their planters, which upon inquiry was found to be within the government of Connecticut : in order to secure the property of y« soil to the Massachusetts planters, that government granted to Connecticut the property of sundry tracts of their province land, one of which was the tract here mentioned, which the government of Connecticut sold to sundry private gentlemen, among whome were the late Honourable Wm. Dumer & [Anthony] Stoder, Esq., whose heirs are now the proprietors of one half of the whole tract on Connecticut river, supposed to contain 48,000 acres. The said Wm. Dumer being the oldest pro- prietor, the tract was called after him. The name is now kept up in acknowledge- ment of the title from the original grant of the Massachusetts government, which is the title the land is now held by. On the settlement of the jurisdictional line of the province of Massachusetts Bay with that of New Hampshire, the tract of land here mentioned fell within the limits of New Hampshire government, which incorporated the whole into three townships, including in the middle townsliips, the greatest part of the lands belonging to the heirs of Wm. Dumer & [Anthony] Stoder, and called the name of it FuUham, by virtue of which the privileges of a town are now held : besides the town of Fullham, what is known by the name of Dumerston includes nearly one half of the town of Putney." — Records, 1773, 1774, p. 10. Appendix to Deming's Catalogue, p. 142. 1750-1Y70.] TOWNSHIP OF CHESTER. 109 His eldest daugliter was taken prisoner by the Indians. For two years and a half he knew nothing of her fate, but at the end of that time she returned home, Col. Peter Schuyler having " paid a ransom of four hundred livres for her redemption from captivity." In the year 1752, a ferry was established between Westmore- land, New Hampshire, and the proprietary of Dummerston, and about the same period a similar method of communication was arranged between the latter place and the town of Chesterfield. The settlement, although much disturbed by the war, was not allowed to die, and a few years after the restoration of order, John Kathan and his eighteen associates with their families were rapidly subduing the forests of Fulham, and accomplish- ing the conditions of their charter. To John Baldi'idge and others the lands now comprised in the township of Chester, were granted on the 22d of February, 1Y54, by the name of Flamstead. Under this first ]^ew Hamp- shire charter no settlements were made, and by this neglect the proprietors no doubt forfeited their rights. A second charter to Daniel Hayward and his associates, issued by the same province on the 3d of JSTovember, 1T61, gave to the town the name of New Flamstead, and divided it into seventy-four equal shares. Under this charter the proprietors held a num- ber of meetings, but none in Chester until about the year 1764. Their first appointed clerk was John Goulding, who held that ofiice from 1761 to 1763. In the latter year, Thomas Chandler Sen., who being interested in the settlement of "Walpole, New Hamp- shire, had been appointed a selectman of that town, turned his attention towards the colonization of New Flamstead. His son, Thomas Chandler Jr., was chosen to succeed John Goulding, and was clerk until the year 1767. During the year 1763, the elder Chandler, with his sons John and Thomas Chandler Jr., removed to New Flamstead, and was followed by Jabez Sargeant, Edward Johnson, Isaiah Johnson, Charles Mann, WiUiam Warner, Ichabod Ide, and Ebenezer Holton, from Woodstock, Connecticut, and Worcester and Maiden, Massachusetts. The first birth in the town was that of Thomas Chester Chandler, on the 26th of December, 1763. By a third charter issued by New York on the 14th of July, 1766, Thomas Chandler Sen. and his associates became proprietors of the town, and its name was changed to Chester. Under this patent the town was organized in June, 1767, and by authority derived from it, lands in Chester are now held. 110 HISTOEY OF EASTERN VERMONT. [1T50-1770. The town of Guilford was chartered by IS^ew Hampshire on the 2d of April, 1754, to fiftj-fonr proprietoi'S, principally from Massachusetts. The account of the early civil and political con- dition of this town, given by Thompson in his " Gazetteer of Vermont," is in the words following : — " When granted, the town was a perfect wilderness, yet by the charter, the grantees were to hold their first meeting for the choice of officers, etc., on the 1st of May, 1754, and on the first Tuesday of March ever after- wards. It seems the town was first organized by and under the very grant itself Power was given to the grantees to tran- sact the business of the town as a majority should see fit, subject only to the control of the Parliament of England. Tliis little enterprising band, composed of Samuel Hunt, John Chandler, David Field, Elijah Williams, Micah Pice, Ira Car- penter, and others, having little to fear from the nominal power of Parliament, in the wilderness of Yermont, assumed the title, which was virtually created by their charter, of a little independent Republic. By the records of their first meetings, they appear to have been governed by certain committees, chosen for the purpose of surveying the lands, laying out roads, drawing the shares or lots, taxing the rights, etc., but their greatest object was to procure and encourage settlers. Their meetings were held at Greenfield, Northfield, Hinsdale, or Brattleborough, until 1765, when their first meeting was held at Guilford. Tliere was a condition, which, if not performed, went to defeat the grant. Tlie grantees were to settle, clear and cultivate, in five years, five acres for every fifty in said township. Although much time and money were spent in making roads and clearing lands, yet on the 20th of March, 17G4, the grantees, by a special committee chosen, petitioned the Governor of New Hampshire for a confirmation of their grant, and an extension of the time, stating that the interven- tion of an Indian war had made it impracticable for them to fulfil the conditions of the charter.* Their prayer was granted, and the time for settling the town extended to the 1st of January, 1766. Prom the time the charter was confirmed in 1761, the town began to be rapidly settled by emigrants from Massachusetts and other ITew England provinces. Through * The charter of Guilford was renewed and extended on three different occa- sions. The first extension was dated July 6th, 1761, the second, March 20th, 1764, and the third, June 7tli, 1764. 1750-1 T70.] TO"vvNSHrps of guilfokd and gkafton. Ill the policy of the original proprietors, the first settlers began upon lots of fifty acres, in order to fulfil the condition of the grant. So rapid was the increase of population, that the town soon became the largest in the state as to numbers. Yet there was not a single Tillage in the township, or rather, the whole township was a village — all the hills and valleys were smoking with huts." In this township, three hundred and fifty acres constituted a share. The usual reservations for public purposes were made, but the governor's right was located upon the only mountain in the township, from which circumstance the elevation, has since been known as " Governor Mountain." Although the conduct of the proprietors was in general fair and generous, yet in one instance love of gain appears to have predominated over scru- pulous honesty. I^ot content with obtaining good prices for the land contained within their grant, they located and sold " one whole tier of hundred acre lots, north, beyond the extent of their charter," and to this day these lots are comprised with- in the limits of the town. Tlie first land was cleared in 1758, by Jonathan and Elislia Hunt, on the farm since occupied by the Rev. Asa Haynes. The first settlement was made in Sep- tember, 1761, by Micah Rice and family, on the place since occupied by Jeremiah Greenleaf, These adventurers were fol- lowed by Jonathan Eigelow, John Barney, Daniel Lynds, William Bigelow, Ebenezer Goodenough, Paul Chase, Thomas Cutler, John Shepardson, and others. " Tliey came into town by the way of Broad Brook. Beginning at the mouth of that stream on Connecticut river in Yernon, and passing up on its banks, they fomid their way into Guilford." Tliis road, although the only one by which the town could then be reached, was im- passable with teams, and the settlers, for some time, were com- pelled either " to boil or pound their corn, or go fifteen miles to mill with a grist upon their backs." Such are some of the circumstances pertaining to the early settlement of Guilford. Tlie town of Grafton was granted, on the 8th of April, 1754, to Jonathan Whitney, William Holt, ]Srathaniel Harris, and sixty-one associates, by the name of Thomlinson, and was the last town chartered by New Hampshire previous to the breaking out of the French war. On the 9th of July, 1761, the time for fulfiUing some of the conditions of the charter was extended. A new charter was granted on the 1st of September, 1763, to the same persons who had held the former one, and the old name 112 HISTORY OF EASTERN VERMONT. [1T50-17T0. y^as retained. In tlie year 1768, a Mr. Hjnklej and his family, with two other families, removed to the township, and began a settlement on what was afterwards called Hinkley Brook. They soon abandoned their undertaking, and from that time there was no permanent settlement within the borders of the town until the year 1T80. The name Grafton was substituted for that of Tliomlinson on the 31st of October, 1791. Hartford, the first township granted by New Hampshire east of the Green Mountains after the close of the French war, was chartered on the 4tli of July, 1761. The original grantees, sixty- four in number, were principally from Lebanon, Connecticut. Prince Tracy, James Pinneo Jr., and Jonathan Marsh consti- tuted the proprietors' committee. "Within a few months after the charter was obtained, sixty-four fifty acre lots were laid out, one of which was given to each proprietor to hold in severalty. In 1763, the township was surveyed, and proper marks were placed at the comers, and between the corners at the end of every mile. At the same time allowance was made for highways, and some of them were partially prepared for use. These im- provements occupied a part of the summer, and were made by ten of the grantees. Li the summer of 1761, the same persons renewed their exertions, and in that year, Elijah, Solomon, and Benajah Strong emigrated with their families from Lebanon, Connecticut, and made the first permanent settlement. They were followed during the next year by twelve other families, and on the 8th of March, 1768, the town was regularly organized. The first child born in town was Roger, son of Ebenezer Gillett. This event occurred on the 6th of August, 1767. From the time the town was chartered until its organization, the proprie- tors displayed much energy in efi'ecting a settlement, and by their strenuous efforts the requisitions of the charter, under which they held, were faithfully fulfilled. On the 4:th of July, 1761, under a patent from ISTew Hamp- shire, the township of Korwich was granted by the name of Norwhich, to Eleazer "Wales and his associates, and was organ- ized in Connecticut on the 26th of August following. In 1762, the tOAvnship was apportioned by lot. Although at that time the neighboring country was for miles aroimd covered with untrodden wildernesses, yet this did not deter the advance of civihzation. A few years later, cottages and cabins had sprung up in Norwich ; and at Lebanon and Hanover, in New Hamp- shire, patches of cleared ground bore witness to the presence of 1T50-1T70.] PLYMOUTH, BEADING, WINDSOE. 113 the sturdy pioneer. Tlie first settlers in Norwich were Jacob Fenton, Ebenezer Smith, and John Slafter from Mansfield, Connecticut, Jacob Bm-ton and Asa, his son, from Stonington, in the same province, and the Messenger and Hutchinson families. In 1766, a saw mill was built by the Burtons, a little west of Norwich plain, and from that period the growth of the town was constant and certain.* Plymouth, the next town chartered by New Hampshire, was granted to Jeremiah Hall, John Grimes, and sixty-two other proprietors, by the name of Saltash, on the 6th of July, 1761. The township, although early smweyed and divided under the original charter, was regranted by New York on the 13th of May, 1772, to Ichabod Fisher. No settlement was commenced within its limits until the year 1777, and the town was not organized until ten years later. On the 23d of February, 1797, the name of Saltash was superseded by that of Plymouth. The township of Reading was chartered by New Hampshire on the same day on which Saltash received its patent, but could not boast of any inhabitants until the year 1772, when Andrew Spear and his family moved thither from Walpole, New Hamp- shire. For several years they were the only residents in the place. Tlie original grantees were Zedekiah Stone, Israel Stowell, Jonathan Hammond, and their associates to the num- ber of fifty-nine. On the 6th of March, 1772, the township was granted by New Tork to Simon Stevens and others. It was organized on the 30th of March, 1780. A saw miU was built dm'ing the same year, and Reading became a thriving settle- ment. Windsor, the date of whose charter is the same as that of the two preceding towns, was granted to Samuel Ashley, Jacob Cummings, and fifty-seven other persons, who immedi- ately organized as a proprietary body, and " proceeded to sur- vey, make a plan of, and allot the town." The first permanent settlement was commenced by Capt. Steele Smith, who with his family removed from Farmington, Connecticut, in August, 1764. In the following spring, "Major Ehsha Hawley, Capt. Israel Curtis, Deacon Hezekiah Thompson, Deacon Thomas Cooper, and some others " became inhabitants of the town, and before * A statement of the opinions which obtain respecting the first settlers of Nor- •wich will be found in Thompson's Vt, Part III., p. 130, and in Powers's Coos Country, pp. 137-Ul. 114 HISTORY OF EASTERN VERMONT. [1750-1770. the close of the year 1765, the number of families in the new settlement amounted to sixteen. Before the arrival of Capt. Smith, Solomon Emmons and his wife had built a hut within the town limits, where they resided, although they " had not purchased the land, nor made any improvements with a view to a permanent settlement." * Windsor was granted by Kew York to David Stone 2d, and his associates, on the 7th of July, 1766. On the 2d of March, 1772, it was regranted by the same province to Zedekiah and David Stone, and their associates. A third and last grant of the township was made by Kew York to l^athan Stone, and twenty-two other grantees, on the 28th of March, 1772. The first settlers of the town regarded the Stones with high respect. Upright in character, they were fully entitled to be held in estimation. By their exertions and enterprise they increased the wealth and pros- perity of Windsor, and rendered it at an early period one of the most flourishing and popular villages on the " Grants." Pomfret, although chartered on the 8th of July, 1761, was not settled until the year 1770. Its original proj^rietors were sixty-six in number, of whom Isaac Dana was the principal person. Most of the proprietors were inhabitants of Pomfret, Connecticut. The name of Israel Putnam stands conspicuous in the list, but except as one of the grantees, he appears to have had no share in the settlement of the township.f Tlie township of Hartland was originally granted by N'ew Hampshire to Samuel Hunt and his associates, by the name of Hertford, on the 10th of July, 1761. Its settlement was com- menced in May, 1763, by Timothy Lull, who had been pre- viously living at Dummerston. Having concluded to remove to Hertford, he purchased a log canoe, and taking with him his * " Mrs. Emmons was the first, and for some time the only white woman who resided in the town." She was very useful to the early inhabitants, being for a long time the only midwife within many miles around. During the latter part of her life she was supported by the town. Her death occurred in the year 1833. To Samuel Smith, a son of Capt. Steele Smith, is accorded the privilege of primogeniture among the children born in Windsor. His birth took place July 2d, 1765. He died in 1842, aged seventy-seven years. — Thompson's Vt., Part ni, p. 194. Appendix to Deming's Catalogue, p. 201. f On the 3d of July, 1766, John Stark applied to Governor Moore of New York, for a grant of 3000 acres of land in the south-east corner of Pomfret Accompanying his request was a certificate from Thomas Gage, signed September 6th, 1765, stating that Capt. John Stark served under Capt. Rogers during the war. — New York Colonial MSS., Land Papers, July 3d, 1766, vol. xxi 1750-1770.] HARTLAND AND WOODSTOCK. 115 familj, which consisted of a wife and four children, and such furniture as they needed, paddled up Connecticut river. Arriving at the mouth of a certain stream in Hertford, he anchored his boat and landed his family. Taking then a junk bottle, he broke it in the presence of his wife and children, and named the stream Lull's Brook — the name by which it has ever since been known. Proceeding up the brook about a mile, he came to a deserted log-hut, situated near the place now called Sumner's village. Here he commenced a settlement. For many years he suffered privations and hardships, " but possessing a strong constitution and a vigorous mind, he overcame all obstacles, accumulated a handsome property, lived respected, and died generally lamented." His son Timothy was the first child born in the town.* The settlers who followed Mr. Lull were mostly emigrants from Massachusetts and Connecticut. In 1765, thirty was the number of the inhabitants in the town. On the 23d of July, 1766, the charter of the town was confirmed by New York to Oliver Willard, and the grantees associated with him. The first town meeting was held on the 11th of March, 1767. Much inconvenience having arisen from the similarity between the name of Hertford and that of Hartford the adjoining town, Hertford was, by an act of the Legislature of Vermont passed June 15th, 1782, altered to Hartland, which name is still retained. Woodstock was established by charter from New Hampshire, on the 10th of July, 1761. The grantees were David Page, and sixty-one associates. On the 5th of September, 1766, a representation was made to the Colonial Assembly of New York, by Page and Jonathan Grout of Petersham, Massachu- setts, by which it appeared that they, in company with a few of the original grantees, purchased of the rest ten thousand acres of land in "Woodstock, soon after the charter was issued, and divided the purchase into lots. For these reasons they requested that the land might be confirmed to them by charter. The fate of this petition is not known, but on the 28th of Febru- ary, 1771, New York granted the township to Oliver Willard and others, and a charter to this effect was issued on the 3d of June, 1772. The first settlement in the town was commenced by James Sanderson, who removed hither with his family in * His birth took place in December, lYG-t, and on this occasion, " the midwife ■was drawn by the father from Charlestown, upon the ice, a distatice of twenty- three miles, upon a handsled." — Thompson's Vt., Part HI., p. 88. 116 HISTORY OF EA8TEEN VERMONT. [1750-1770. the year 1768. In the year 1772, there were only forty-two inhabitants in the phice.* Tlie charter of the town of Tlietford was signed by Governor Benning Wentworth of New Hampshire, on the 12th of August, 1761. The first settlement within its borders was made by John Chamberlain, familiarly kno^^m as " Old Quail John," who removed hither from Hebron, Connecticut, in 1764. On the 13th of December in the same year, his daughter Susannah was born. This was the first birth in the town. During the year 1765, the Baldwin and Hosford families removed to Thet- ford. The town was organized on the 10th of May, 1768. f To John Taylor and sixty-one associates, the charter of Sharon was issued by New Hampshire on the 17th of August, 1761. The settlement of the town was commenced by emigrants from Connecticut, in 1765. Robert Havens and his family were probably the first persons who spent the winter within its limits. But little is known concerning any of the pioneers who succeeded in planting a colony in this part of the New Hamp- shire Grants. In a civil point of view the right of primogeni- ture belongs to Elias Marsh, who was born on the 25th of March, 1768. The town was organized on the 8th of March in the same year. In the year 1753, before the commencement of the French war, and eight years previous to the date of the charter of the town of Springfield, Daniel Sawtell, Jacob Sawtell, Oliver Sawtell, Combs House, Samuel Douglass, Oliver Farnsworth, Joseph Douglass, Noah Porter, Nathaniel Powers, Simeon Powers and Simeon Powers Jr., "being poor and indigent, and unable to purchase lands in any of the inhabited towns of his Majesty's provinces" — while the lands in said Springfield " lay in the open wilderness, waste and until'd, without yield- ing any revenue to his Majesty, or profits to his subjects" — " did, for his Majesty's profit," as well as for the support of themselves, their wives, and their children, " enter upon, till and improve part of the lands in said Springfield." During the war they * In December, 1766, Lord Townshend and his associates petitioned Governor Moore of New York for a grant of the township of Woodstock by the name of Raynham Hall, promising to settle and cultivate it. The request appears to have been dismissed. — New York Colonial MSS., Land Papers, December, 1766, vol. xxii. \ A number of entertaining incidents relative to the early settlers of Tlietford may be found in Powers's Coos Country, pp. 144-162. 1750-1770.] THE EAKLY SETTLERS OF SPRINGFIELD. 117 defended their possessions " at the peril" of their own lives, and bj the loss of the lives of some of theu* "friends and neighbours," and " were as a guard to those places," located further down the river, which " were exposed to the rage of an heathen and savage foe." After the reduction of Canada, and the defeat of their " Popish enemies," thej renewed their labors with greater energy, and succeeded in establishing a prosperous and attrac- tive settlement. The first charter of the town was issued under the seal of New Hampshire, on the 20th of August, 1761. In the same year John Kilburn purchased of the proprietors one right containing three hundred and sixty acres, and shortly after " did enter upon, clear, cultivate and till said lands, according to the conditions of the charter under which the lands were then held, and also erected thereon a dwelling- house." In 1762, Simon Stevens became an inhabitant of the town, and by his example and individual efforts, did much to alleviate the wants, and add to the happiness of the settlers. The governors of liew Hampshire and New York, in grant- ing lands on the New Hampshire Grants, were not always actu- ated by the pm-est principles in the choice of grantees. In the case of the early settlers of Springfield, their conduct was espe- cially worthy of reprobation. At the conclusion of the war, Daniel Sawtell and his associates petitioned Governor Went- worth for a patent of the lands which they had impi-oved, or for " such part thereof as he should think fit." From some unaccountable reason, the Governor refused to assent to their request, and on the 20th of August, 1761, gave a charter of the whole township to Gideon Lyman and sixty-one associates. Not one of the original settlers was named in this instrument, and thus they were placed entirely at the mercy of men who were at liberty to dictate whatever terms they might deem most 8ubser\aent to their own interests. " Without any regard to the great dangers and hard labour " which the early settlers had undergone in maintaining possession of, and preparing for culti- vation the lands which they had so long considered their own, the New Hampshire grantees sued out writs of ejectment, and obtained judgments against them. Executions were then issued, theii" possessions were taken, they themselves were threatened with imprisonment in default of the payment of the costs and charges of the suits which had been decided against them, and their families were " thereby brought to dis- tress and want." Meantime the decree of the King in Council, 118 HISTORY OF EASTEEN VERMONT. [1750-1Y70. dated July 20tli, 176-4, had declared the Xew Hampshire Grants to be within the province of Kew York. On this infor- mation the original settlers, in a petition dated November 13th, 1761, prayed Lieutenant-Governor Cadwallader Golden for a grant of Springfield, or in case this request was too great, that they might " be permitted still to inhabit those lands, and in some measure reap the benefit " of their past labor. In reply, the governor stated that he should " always be disposed to favour those who had settled and cultivated the lands, especially such as had been in possession for a considerable time." At the same time he informed them, that before proceeding further in the matter, he should be obliged to receive his Maj esty's orders. Another petition was presented, on the 15tli of August, 1765, by Nathaniel Powers and twenty -nine others, of whom a portion were the original settlers, asking a recognition of their rights, but, like the former, it met with a similar reception. A few days subsequent to the presentation of this last petition, Gideon Lyman and his associates informed the Governor of New York that the township of Springfield had been granted to them by New Hampshire. " In ftiitli of this grant," said Lyman, " your petitioner and the other persons interested therein, have already made considerable improvements and set- tlements" in Springfield, " and are willing and desirous to com- pleat the settlement thereof." Tliese conflicting petitions seemed for a time to puzzle the Governor of New York, but in the event the grant of Springfield was confirmed to Gideon Lyman and his associates on the 16th of March, 1772.* As to the organization of this town, little is definitely known. There are still extant two notifications for town meetings, from which the following information is derived. One is dated, "Province of New Hampshire," March 1st, 1764, and is signed by Samuel Scott, Simon Stevens, George Hall, Timothy Spencer, Taylor Spencer, and Abner Bisbee, inhabitants of Springfield. It is directed, " To Simon Stevens, Constable of Springfield and Province aforesaid," and requires him " In his Majesty's name" to " Notifie and warn y® Freeholders and other Inhabitants of s*^ Town that are Duely quallified by Law to Vote in Town Meetings, that they assemble and meet at y^ House of Joseph Littles in Springfield afores'd on Tuesday y« * N. Y. Colonial MSS., Land Papers, Nov. 13th, vol. xviii. 1'764: vol. xix., Aug. 16th, Sept. 19th, 1765. 1750-1770.] THE GRANTEES OF WEATHERSFIELD. 119 13tli of this Instant, at 10 of y Clock in y« forenoon." The object of the meeting is stated to be, " 1st, to Choose a Modera- tor to govern s*^ meeting — 2dly, to choose Town Officers agreeable to Charter." At the foot of this paper is a note bj the constable, declaring that he read the warrant in town meet- ing on " March y* 13tli," and on the back is an endorsement of the same date, showing that George Hall was chosen modera- tor, and that the meeting was then adjourned to the 26th of the same month. The other notification, similar in form, is dated July 13th, 1764, and is signed by Simon Stevens and Abner Bisbee. It is directed to Jehiel Simmons, and at the meeting to be held on the 22d current, the business to be attended to, is " 1st, to Choose a Moderator to Govern said meeting — 2dly, to see whether the Town will accept of the Koade, known by y® name of Crownpoint Roade, which leads Tln'ough s*^ Town — 3dly, to see whether the Town will Repair said Roade." From these statements it may be reasonably concluded that the town was organized before the year 176'4.* The grantees of Weathersfield were principally from New Haven, Connecticut, and the charter of the township was issued by New Hampshire, on the 20th of August, 1761. From a report made by the proj)rietors of the town in Septem- ber, 1765, it appeared that they had been " at great charge and expense in laying out the township into allotments," and further that they had cleared and cultivated a ]3ortion of the lands which they owned, and erected a number of houses. In a petition addressed to the Lieut-Governor of New York, on the 17th of October, 1766, they expressed a sincere desire to be protected while engaged in accomplishing the work incident to the commencement of a settlement. Tlieir pioneer history, were it known, would, it is probable, resemble that of the early inhabitants of most of the towns ^tuated along the valley of Con- necticut river. The colonizers of the New Hampshire Grants were men and women who were aware that their future lives were to be lives of toil and self-sacrifice, and for this reason they were prepared to grapple with adversity in whatever ft)rm it might appear. On the 8th of April, 1772, the town was regranted by the government of New York, to Gideon Lyman and his associates. The township of Fairlee, which formerly included the towns * Old MSS. in possession of Hon. William M. Pingry. 120 HISTORY OF EASTERN VERMONT. [1750-1770. now known as Fairlee and West Fairlee, was chartered by patent from N^ew Hampshire, on the 9th of September, 1761. Josiah Chauncev, Joseph Hubbard, and their associates, were the grantees. In the year 1766, a certain Mr. Baklwin, who before that time had been a resident of Thetford, removed to Fairlee, and commenced a settlement within the limits of the town. According to the account of Mr. Tliompson, the author of the " Gazetteer of Vermont," Samuel Miller, Samuel Bentley, Noah Dewey, Joel "White, and William and David Thompson, were inJiabitants of the town in 1768. Tliis statement is par- tially controverted by Grant Powers, on the authority of one of the early settlers of Orfbrd, New Hampshire. Tlie town was probably organized in 1775, when Samuel Smith was chosen town clerk.* The charter of Guildhall was issued by the government of New Hampshire, on the 10th of October, 1761. The grantees were Elihu Hall and sixty-four associates. In 1764, a settle- ment was commenced in the lower part of the town, which was then supposed to be a part of Lunenburgh, by David Page, Timothy Nash, and George Wheeler. In 1775, Enoch Hall, Micah Amy, and James Posbrook became residents of the town. Eleazer Rosbrook and Samuel Page joined the little band of settlers in 1778, and in the following year David Hopkinson and Peuben and Simeon Howe were added to the number. " Tlie first settlers," observes Thompson, " suffered severe pri- vations and hardships for a number of years. They brought their grain and provisions, in canoes, from Northfield, Massa- chusetts, a distance of more than one hundred and fifty miles. During the revolutionary war, they were in continual alarm, and were frequently annoyed by the Indians and Tories, who killed their cattle, plundered their houses, and carried a number of the inhabitants into captivity." The first town meeting of which record is made, was held in March, 1785. Tlie town of Cavendish was chartered by the Governor of New Hampshire, on the 12th of October, 1761. The principal grantee was Amos Kimball. In the following year a number of the proprietors visited the township, surveyed it, allotted the shares in severalty, and, according to their own account, " were in gi'eat forwardness, when disputes arose," which caused them to abandon the undertaking. A disposition to renew this * Thompson's Vt., Part III. pp. 70, 11. Powers's Coos Country, pp. 162, 163. 1750-17Y0.] TOWNSHIP OF ANDOVEE. 121 attempt was manifested in 1765 ; but no settlement was actually made until 1769, when, in the month of June, Captain John Coftein located his farm and built a dwelling in the north part of the town. During the war of the Revolution his hospitable residence afforded shelter and refreshment to the American soldiery while passing from Charlestown to the mihtary posts on Lake Champlain. In the north-west part of the town was a similar stopping-place, known as the " Twenty miles encamp- ment." Koadiah Russell and Thomas Gilbert settled in Caven- dish in 1771, and shared with Captain Coffein his wants and privations. " For several years they struggled hard for a scanty and precarious subsistence." So few were the mills at this period, that they were sometimes obliged to travel sixty miles to procure " the grinding of a single grist of corn." The town received a charter from N^ew York, on the 16th of June, 1772. On the 29th of December, 1760, soon after the conquest of Canada had been completed, a number of the inhabitants of Lebanon and of other towns in Connecticut decided to petition the Governor of New Hampshire, for a grant of land on the west bank of Connecticut river. Having assembled on the 12th of June, 1761, and obtained the names of those w^ho wished to engage in the project, they chose a clerk, and a committee to regulate their mode of procedure. At a meeting held on the 7th of September following, they selected two men " to repair to that part of the country," in which they wished to obtain a grant of land, and instructed them, in case they should find a situation which they deemed acceptable, to make their wishes known to Governor Wentworth. A location having been selected, a charter was issued by New Hampshire, on the 13th of October, granting the township of Andover to Nathaniel House and his associates. In accordance with the charter, a meeting of the grantees was convened at Lebanon on the 4:th of November following, and a clerk for the town and proprietors was chosen, " who was sworn to a faithful discharge of his duty." On the 10th of March, 1762, another meeting was held in the same place at the house of Joseph Clark, one of the grantees, and officers were chosen for the ensuing year. A committee were also selected to survey the town, and on the 25tli of August a resolution was passed, instructing them to proceed with the business which had been assigned them. Tliis they were able to perform only in part, " by reason of bad 122 HISTORY OF EASTERN VERMONT. [1750-1T70. •weather;" but being instructed on the 8th of March, 1Y63, to complete the survey, they renewed their undertaking, and three hundred acres were laid out for each of the proprietors, " on the east side of the town, by carefully marking the trees at the corners," These lots were distributed on the 21st of November, by an indifferent person appointed by the proprie- tors, and an account was taken of the result. At the next regular meeting of the town, held on the 13th of March, 1764, officers were chosen for the year ensuing ; " accounts were adjusted, and each person's demands carefully and justly allowed him for services done." On the 5th of November, a resolution was passed, by which an offer of fifty acres of land was made to each proprietor who should settle in the town during the spring of the year 1765. Pending this offer an- other meeting was held on the 12th of March, 1T65, and a com- mittee were chosen to mark out and clear a road to the town. Measures were accordingly taken to carry this proposition into execution, and a party of twenty persons had already made preparations to remove into the new township, when the publi- cation of his Majesty's Order in Council, on the 20th of July, 1764, declaring the western bank of Connecticut river to be the eastern boundary of New York, caused them to abandon the project. Judging it prudent " to consider what might further be need- ful to be done, to maintain good order and submission " in their changed circumstances, the proprietors met on the 29th of April, 1765. After some discussion they decided to acquaint the Governor of New York with the state of their circum- stances, and ask for his " approbation and protection," In the memorial which they sent to Lieutenant-Governor Cadwallader Golden, dated at Lebanon, Connecticut, May 6th, 1765, in addi- tion to the facts which have already been detailed, they stated that they had expended in improvements more than four hun- dred and sixty-two dollars, that they had " vendued and sold" several of the rights of negligent proprietors, and had inserted the names of new proprietors in the place of some of those whose names were to be found in the original charter from New Hampshire. " Therefore," said they, " if it be consistent with your pleasure to incourage us, his Majesty's Liege sub- jects, in the settlement of so wilderness a Land as that is, and grant us also your Protection, as there are many more under the Like Cii'cumstances, it may much inlarge the Province, 1750-1770.] THE TOWNSHIP OF BRADFORD. 123 and liis Majesty's Englisli settlements." " And we cannot but Eejoice," they continued, "when we so fully persuade our- selves that youi' Excellency's highest ambition is to strengthen and enlarge all our late acquisitions by Regular and Industrious Inhabitants; and when once you shall please to make your Pleasure known to us, we shall with all Readiness Comply therewith ; and if it be your Pleasure to ratify to us those Lands we once supposed stood fair for us to settle, we shall un- doubtedly soon (as some other Towns have Done) Make consi- derable Improvements thereon. But, notwithstanding our ear- nest wishes, we do Heartily and Freely submit the same to your Wisdom and Prudence." For a long time this petition re- mained unnoticed, and although the Council of New York, on the 15th of June, 1772, recommended the issuing of a confirma- tory grant of this and several other townships, whenever " his Majesty's Instructions" should allow of such a course, yet the patent was never conferred.* In the year 1768, Shubael Geer and Amos Babcock, with their families, became residents of the town. During their stay, which was short, WilHam, son of Shubael Geer, was born. After the departure of these families no attempt to effect a set- tlement in Andover was made until after the commencement of the Revolution. Tlie charter of the township of Bradford was issued by Sir Henry Moore, Governor of New York, on the 7th of Novem- ber, 1766. John French and his associates were named as the grantees in the patent. After the death of French, William Smith and his associates applied for a grant of the township and received a new charter on the 28th of March, 1770. At the same time the name of the town was changed to Moore- town, as a compliment to the governor. On the 23d of Octo- ber, 1788, the name was again altered to Bradford by an act of the Legislature of Vermont. The first settlement within the limits of the town was made in 1765, before the first charter was issued, by John Hosmer or Osmer, who located his cabin near the mouth of Wait's river, on the north bank. During the following year Samuel Sleeper and Benoni Wright com- menced a settlement near Connecticut river, about a mile and a half from the north bounds of the town. According to some * N. Y. Colonial MSS., Land Papers, May 6tli, 1765, voL xviiL Doc. Hist. K T., iv. 786. 124 HISTORY OF EASTERN VERMONT. [lYoO-lTYO. statements it would seem that there were but ten families in the town in 1771. In an account of the condition of Bradford, communicated to Governor Moore in 1770, it is stated that at that time the town contained thirty families. In the same ac- count particular mention is made of " Sleeper's house," on Con- necticut river. Andrew B. Peters became a resident of Brad- ford in 1771, and in the following year the first grist-mill was built by John Peters, on the south side of Wait's river. In consequence of the careless manner in which the lands in this township were surveyed and granted, much trouble and vexa- tious litigation arose. The history of many of the neighboring towns discloses similar disputes concerning boundary lines and conflicting grants. An account of proceedings of this nature, although it might prove entertaming to those curious in disen- tangling the intricacies of land titles, would not possess an inte- rest suliiciently general for these narrative pages, and is there- fore omitted. Of the other towns comj)rised in the eastern section of Ver- mont, to which reference has not been made, none, it is be- lieved, were settled before the year 17^0, with the exception of Newbury.* The arrow-heads and domestic implements of a rude manufacture, which have been found within the limits of this town, afibrd conclusive evidence that it must have been at an early period the site of an Indian village. Gen. Jacob Bay- ley of Newbury, Massachusetts, was probably the first white settler. In a letter written by him from Newbiiry, Vermont, on the 3d of October, 1768, he remarked : — " 'Tis but seven years since I struck the first stroke here, at which time there was not one inhabitant on the river for seventy miles down, none eastward for sixty, none between us and Canada, and now ahnost all the Lands are settled and settling in ahnost every town on the east side of the river." It does not appear that Gen. Bailey was a resident of the town until 1761. In October of that year he brought his family to Newbury, and thence- forward until the time of his death, at the age of eighty-nine, in March, 1815, he devoted himself with cheerfulness and assiduity to the service not only of his adopted town but of his country. * Attempts were doubtless made at an early period, to effect settlements north of Newbury. In 1766, Jonathan Grout of Petersham, Massachusetts, declared that he and his associates had cultivated lands in the town of Lunenburgh, which town, according to his statement, was " Thirty Miles Uigher up Connecticut River than any other Settlement on Said River." 1T50-1Y70.] SETTLEMENT OF NEWBURY. 125 In March, 1762, Samuel Sleeper, a Quaker preacher from Hampton, Kew Hampshire, moved with his family into New- hmy. He was in the employ of Gen. Bailey, and seems to have borne the character of a good citizen, until being unduly " moved by the sj)irit," he began to create disturbance by interrupting the minister while preaching, with laudatory and condemnatory exclamations. Various persuasive means were employed to in- duce him to alter his behavior, but without success. One of his followers, a certain Benoni Wright, was even more obstreperous than his master. Punishment was at last resorted to, and was followed by good effects. Wright received " ten lashes, well laid on." Sleeper was confined in a cellar, and when releas- ed, was informed that he would " receive thirty lashes in full tale" should he continue to exhibit his peculiar propensions. Finding that they could not enjoy the license to which they deemed themselves entitled, Wright and Sleeper removed to Bradford in 1766. Three other persons, with their families, came into the town from New Hampshire during th.e year 1762, namely, Thomas Chamberlain of Dunstable, Richard Chamber- lain of Hinsdale, and John Hazleton of Hampstead.* The charter of Newbury was issued by Governor Benning Wentworth of New Hampshire, on the 18th of March, 1763. Tlie grantees were Jacob Bayley and seventy-four associates. The first meeting for the choice of town ofiicers was held at Plaistow, New Hampshire, on the 13th of June, 1763. Jesse Johnson was chosen town clerk, Caleb Johnson, constable, and Jacob Kent, Benjamin Emerson, and John Hazen, selectmen. The proprietors, also, voted to unite with the inliabitants of Haverhill " in paying a preacher for the term of two or three months," dm-ing the following " fall or winter." The arrival of Noah White, Thomas Johnson, and Jacob Kentf in this year, * Betsey, daughter of John Hazleton, was the first child born in the town. Her birth took place in 1763. In the same year was born the first male child, Jacob Bayley Chamberlain, son of Thomas Chamberlain. Agreeable to a promise of the original proprietor, that the mother of the first male ehUd should be entitled to a bounty of one hundred acres of land, the premium was awarded to Mrs. Chamber- lain. Betsey Hazleton " was the wife of the famous Nehemiah Lovewell, who bravely fought at Bunker Hill and other places." She died jS'ov. 19th, 1850, aged eighty-seven years. — Thompson's Vt., Part IH. p. 124. Appendix to Demiug's Catalogue, p. 165. f Col. Jacob Kent was born at Chebacco, Mass., June 11th, 1726, and Mary White, his wife, was born at Plaistow, N. H., August 14th, 1736. Mrs. Kent sur- vived her husband many years, and lived to a great age. — Powei-s's Coos Coimtry, p. 50. 126 HISTORY OF EASTERN VERMONT. [1Y50-1T70. gave a new impetus to the settlement ; James Abbott, Jobn Taplin, Frye Bay ley, and Ebenezer White, were also among the early settlers, and rendered valuable assistance in advancing the interests of the town. The first meeting in Newbury for the election of town oificers, was held on the 12th of June, 1761. Jacob Kent was chosen town clerk, John Hazleton, constable, and Jacob Bayley, Jacob Kent, and James Abbott, selectmen. Through the instrumentality of the Rev. Peter Powers, of Hol- lis, New Hampshire, a church was organized in Newbury dur- ing the fall of 1764. On the 21th of January, 1765, Mr. Powers was solicited to " take the spiritual charge of this newly consti- tuted c'hTirch and society in the wilderness." He accepted the call on the 1st of February following, and on the 27th of the same month, preached his own installation sermon at Hollis, New Hampshire. For the purpose of securing the title to the lands in the town- ship of Newbury, Gen. Bayley obtained from Governor William Tryon of New York, a confirmation charter. By the terms of this instrument, which was dated March I7th, 1772, Bailey and twenty -four associates were constituted grantees in trust for the proprietors and settlers under the New Hampshire char- ter. The whole trust was afterwards assigned to Bailey, who gave a bond to deed the lands to those to whom they belonged. With the cessation of French aggressions, Lidian hostilities had now come to an end. The adventurer, as he paddled his canoe up Connecticut river, with his little stock of baggage and provisions, feared no longer the ambush on the shore ; and the emigrant in his new home, lay down to sleep, feeling sure that no midnight foe was near to plunder and destroy. Induce- ments to settle in the new territory were, it is true, not as great as they had been represented by unprincipled specula- tors. The soil on the banks of the Connecticut was fertile, and the mountains were well wooded, but the climate was severe, and for many years nothing but a bare subsistence could be expected in return for the most painful toil. Still the men and women who left their homes in Massachusetts and Comiecticut, to extend civilization and the arts of peace, knew well the nature of their undertaking. Though some quailed beneath the burdens which want compelled them to bear, there were but few who by reason of their sufferings relinquished their design, or who, from their own experience, warned their friends, 1750-1770.] AUTHOErriES. 127 who were hesitating whether to join them or abide at home, to pm-sue the latter course.* * New York Colonial MSS., in office Sec. State, K Y., Land Papers, November 13th, 1764, May 1th, 1Y65, vol. xviii. : August 15th, 17th, 23d, September 19th, 28th, 1765, vol. xix. : October 9th, 28th, 30th, Slst, November 2d, 1765, Febru- ary 3d, July 18th, 1766, vol. XX.: June 25th, July 14th, 15th, 16th, September 5th, October 6th, 1766, vol. xxi. : October I7th, November 8d, December 2d, 1766, vol. xxii. CouncQ Minutes, in office Sec. State, N. Y., 1764-1772, October 7th, 1766, voL xxix. Thompson's Vt. Gazetteer, ed. 1824, pp. 230, 260. Thomp- son's Yt, ed. 1842, Part III, pp. 3, 29, 47, 63, t4, ''9, 80, 87, 88, 124, 130, 140, 142, 147, 150, 160, 171, 176, 194, 198. Appendix to Deming's Catalogue of Vt. Officers, pp. 135, J47, 151, 168, 173, Doc. Hist. N. Y., iv. 686. Powers's Coos Country, passim. CHAPTER VL OEGiLNIZATION OF CUMBEKLAND COTINTT Early Boundaries of New York — Controversy concerning the New Hamp- shire Grants — Proclamations of Lieut.-Gov. Golden and Gov. Wentworth — Order in Council — " Unlimited County of Albany" — Proposals to establish Counties on the " Grants." — Additional Officers appointed in Albany County — Cumberland County established by Charter — Provisions of the Charter — Road Law — Bradford — Extravagant Grants by the Crown — Repeal of the Act esta- blishing Cumberland County — Cumberland County re-established by Letters Patent from the King — Observations of Cadwallader Colden — Laws to prohibit the cutting of Masting Timber — Conduct of Gov. John Wentworth, the Sur- veyor-General — Arrest of Willard Dean and William Dean Jr. — Arrest of Ebenezer Fisher — His Release — Voluntary Surrender of Capt. William Dean — Friendly Interference of Col. Samuel Wells and John Grout — The Deans im- prisoned in New York — Gov. "W'entworth's Letter and Memorial — Report of the Committee of the Provincial Council of New York. While New Netlierland was a Dutch province, its northern limit had been placed at the river St. Lawrence, and the Fresh* river had washed its eastern boundaries. When Charles n. gave the province of ISTew York to his brother James, its area included " all the land from the west side of Connecticut river, to the east side of Delaware bay." The governments of Massachusetts and Connecticut had in several instances en- croached upon the territory claimed by New York, but the difficulties resulting from these trespasses had usually been ami- cably settled or at least temporarily adjusted. Never until now had there been an attempt to deprive New York, by syste- matized action, of rights and domains which she claimed as her own. As has been previously stated, Governor Wentworth of New Hampshire had, as early as 1750, made grants of land west of Connecticut river and north of the Massachusetts line. At the close of the French war he renewed the same com*se, * Connecticut. 1763.] PKOCLAMATIOKS. 129 and pursued it with so much vigor, that at the end of the year 1763 he had, with but httle show of discretion, divided ahnost the whole of the New Hampshire Grants into townships, and distributed them among flatterers, followers, and adventu- rers. In some cases the names of deserving men had appeared in the patents, but the proprietors were mainly speculators, who cared for little else than to sell at advanced prices the lands which they had obtained by gift. The government of New York had for some time observed with dissatisfaction the course which Governor Wentworth was pursuing, and had to no purjjose remonstrated against it. The time for more strenuous measures had now arrived. On the 28th of December, 1763, a proclamation was issued by Lieut.- Governor Cadwallader Golden of New York, declaring Con- necticut river to be the eastern boundary of that province, and commanding "all judges, justices, and other civil officers" holding commissions under New York "to exercise jurisdiction in their respective functions, as far as to the banks of Connecti- cut river." He also enjoined the sheriff of Albany county, within whose shrievalty the district in question was comprised, to return to him the names of all persons " who under the grants of the government of New Hampshire " then held or should continue to hold possession of any lands west of Connecticut river, that they might be proceeded against according to law."^" Governor "Wentworth, nowise intimidated by this manifest, which he termed " very extraordinary," published a counter- proclamation on the 13th of March, 176-4, for the purpose of asserting the rights of New Hampshire, and encouraging those who had begun settlements under charters from that province, " to be industrious in clearing and cultivating their lands agree- able to their respective grants." In Governor "Wentworth's com- mission from the King, dated July 3d, 1741, the southern boundary line of New Hampshire was described as extending west, " till it meets with our other governments." The western limits of Massachusetts and Connecticut were within twenty miles of Hudson river. These were the limits of his Majesty's " other governments," and "Wentworth declared that it was * Doc. Hist. N". T., iv. 558-560. At the date of this proclamation, the inha- bitants iu the country between Lake Champlain and Connecticut river were " very few, and ahnost entirely confined to the townships of Hinsdale, Westminster, Bennington, and Rockingham." — MS. Deposition of Joseph Blanchard, March 1st, mi. 9 130 HISTOEY OF EASTERN TEKMONT. [I'^'^'ij 1Y65. right tliat the western extent of the province of Kew Hampshire should be as great. While making these statements, he was careful to omit an important explanation. By trespass, Massa- chusetts and Connecticut had stretched their limits far beyond the line assigned them by charter. But they had acknowledged tlie encroachment, and by treaties ^ew York had ceded to them the lands over which they had attempted to usurp authority. It was evident that neither of the governors would yield. Recourse was had to the King, and the whole subject was laid before him. By an Order in Council, dated July 20th, 1764, he declared " the western banks of the river Connecticut, from where it enters the province of the Massachusetts Bay, as far north as the forty-fifth degree of northern latitude, to he the boundary line between the said two provinces of K^ew Hamp- shire and New York." Tliis declaration was published on the lOtli of April, 1765, by the Governor of New York. As to its import, it might seem that there could have been no differ- ence of opinion. But the force of the infinitive was by no means definitive. "The government of New York supposed that the words to he gave the order a retrospective operation, and ' construed them as a declaration that the river always had been the eastern limits of New York ; consequently that the grants made by the Governor of New Hampshire were invalid, and that the lands might be granted again.' On the contrary, the grantees under New Hampshire patents, understood these words in the future tense, as a declaration that the Connecticut river was to he from that time forward only, the line of division between the two provinces, and ' consequently that their grants being derived from the crown, through the medium of one of its governors, w^ere valid.' " Thus arose a fresh dispute, which for ten years continued to excite Htigation and animosity, unfavor- able to the progress of humanity, and prejudicial to the settle- ment and civilization of the disputed territory. * At the time when the Order in Council was promulgated by the proclamation of Governor Colden, the lands east of the Green Mountains and west of Connecticut river, notwithstand- ing the numerous grants of Governor "Wentworth, were but lit- tle cultivated, and very sparsely inhabited. According to some * Doc. Hist. N. Y. iv. 570-572, 574, 575. K Y. Colonial MSS. in office Sec. State N. Y., Monctton and Coldeo, 1763, 1764, vol. xcii. ; Colden and Moore, 1764-1766, vol. sciii. Belknap's Hist. N. H., ii. 315, .316. 1765.] THE COUNTY OF ALBANY. 131 accounts the whole number of families settled within those limits were not over sixty. Other statements raised this number to seventy, and one supposition was, that there might be a hundred. Nor were all these the famihes of original proprie- tors. Most of them were purchasers under some of the letters patent which had been issued by New Hampshire for very small considerations, and some were settlers under the squatter's title which had cost nothing,* The whole of the New Hampshire Grants, although not added to, Avas supposed to be included within the limits of the " unlimited county of Albany," and the sheriif of that county was authorized to exercise his authority from the banks of Con- necticut river to the shores of Lake Champlain. The courts were held in the city of Albany, and hither, or to the city of New York, all were obliged to resort who wished to transact business with the officers of government. Their remoteness from these places, was an inconvenience most sensibly felt by the new set- tlers. Tlie county of Albany appeared to them unreasonably large, and in its division they foresaw relief from the difficulties under which they labored. To effect a change, recourse was had to petitions. The first presented to Lieutenant-Governor * Joseph Blanchard, ■who, in the year 1765, numbered the inhabitants from Brattleborough to Hartford, declared that on the New Hampshire Grants, east of the Green Mountains, " there were not, on a large Computation above Sixty Families settled as Claimants" under grants from that province; "that the^e Inhabitants were scattered in Eleven Townships lying on Connecticut River, and in three Townships lying back of the River on the Southermost Part of the whole Tract," and that even in these townships, cultivation wjis but just beginning, Hinsdale, Brattleborough, Westminster, and Putney being excepted, where more advance had been made. — MS. deposition, March 1st, 1771. The opinion of Simon Stevens, one of the members of the General Assembly of New Hampshire, was, that " there were not seventy families within the limits above described ;" that these " Avere scattered in about a dozen townships " on Connecticut river, and that " the Chief of them " were in Brattleborough, West- minster, Putney, and Rockingham. The same views were also held by Samuel Wells of Brattleboroxigh, one of the judges of the Inferior Court of Common Pleas, and one of his Majesty's jiistices of the peace for the county of Cumberland. Oliver Willard, an assistant judge in the court above named, and an inhabitant of the town of Hertford as early as 1763, stated that " the Proclamations by the Governments of New York and New Hampshire notifying his Majesty's Determi- nation of the Boundary between those Governments, were very Publickly known " at the time of their publication ; that there might then have been " about one hundred Families settled in all that Country Eastward of the Green Mountains, formerly claimed by New Hampshire," and that " those Inhabitants were scattered through about Twenty Tracts or Townships of about six miles square each, and principally along Connecticut River."— Doc Hist. N. Y., iv. 693, 696, 697, 701. 132 HISTORY OF EASTERN VERMONT. [1765. Colden, was dated October 9th, 1765, and was signed by Thomas Chandler, Isaac Man, David Wooster, Daniel Jones, and Robert Harpur, "in behalf of themselves and their asso- ciates, inhabitants of the northern part" of the province of New York. They proposed that the " Grants " should be divided by a north and south line, which should follow the course of the ridge of the mountains ; that two counties should be erected to the east of this hne and three to the west; that the eastern counties should be divided by a line extending from the north-eastern corner of the township of Norwich to the hne extending along the ridge of the mountains ; that the most southern of the western counties should be bounded on the south by the north- ern line of Massachusetts extended as far west as the mouth of the Mohawk river at Half Moon, and on the north by a line drawn east from Fort Miller to the line of the mountains ; that the middle county should adjoin the last mentioned county, and extend north to a line drawn from the north end of Lake George to the mountain line ; that the other county should com- prise all the land between the north line of the middle county and the forty-fifth parallel, and that the western limits of the three last mentioned counties should be left to the discretion of the governor. They further proposed that the lower county on Connecticut river should be called Colden, and that its county town, of the same name, should be located in the township of New Flamstead ; that the upper county should be called Ster- ling, and that Newbury should be assigned as its county town, in the township of that name ; that the southern county to the west of the Green mountains should be called Manchester, and that its county town should be located at Stillwater ; that the middle county should be called Kingsbury, and that the county town should be situated in the township of Kiugsbury ; that the last county should be called Pitt, and that its county town should be fixed at Hospital Point on the east side of Lake Champlain, near Crown Point. Having detailed these proposi- tions, they prayed that the counties and towns they had men- tioned, might be established " under the restrictions appointed by his Majesty's instructions."* Tliis petition was on the 15th of October followed by another, in which the petitioners, in view of tlie unwiUingness manifested * MSS. Council Minutes, in office Sec. State N. Y., 1765-1783, xxvi. 22. Brattleborougli Semi-Weekly Eagle, Thursday, September 27 th, 1849. Doc. Hist. N. Y., iv. 578-580. 1765.] PETITIONS OF THE NEW SETTLERS. 133 by the Conncil of New York to erect tlie five counties before proposed, expressed their readiness to withdraw that request. At the same time they did not fail to assert their belief in the necessity of " some establishment" by which vice might be detected, and the inhabitants protected in recovering their just dues. To effect these results, they desired that a county by the name of Golden might be erected, to be limited on the east by Connecticut river, on the west by " the height of land," on the north by the forty-fifth parallel, and on the south by the north line of the province of Massachusetts Bay. They further requested that the county town might be located at New Flam- stead, and that the county might be vested with such privileges as it had been usual to grant in similar cases.* On the 22d of October, a third attempt was made to draw the attention of the Council of New York to the wants of the new settlers. " It is now near six months," said the petitioners, " since to our knowledge, we became inhabitants of this pro- vince, and have been ever since without law. Notwithstand- ing we have made application to be protected, as yet we are not answered. Should we be annexed to the county of Albany, as proposed by some, we shall still lye under such a disadvan- tage that justice cannot be had, and to appoint justices in some few of the to^vns, without proper oflicers to execute warrants, &c., we humbly conceive will never answer y® end ; and in what way any officer (if they should be appointed) can execute his ofiice, so far as to carry a delinquent to Albany, for our part we are at a loss [to determine], as there can be no passing from Connecticut river to Albau}'- without going thro' the province of the Massachusetts Bay, and as soon as an oflScer gets across the line of the province, his office leaves him, and the delinquent makes his escape ; and in what way any constables can be chosen to execute any small precept, &c., till the towns are incorporated, we must confess we cannot tell." Other argu- ments favoring the estabhshment of a new county were adduced, backed by urgent supplications for immediate action. The committee to whom these applications had' been made, unable longer to ignore the subject, submitted a report on the day in which this last petition was received. Tliey declared that the accounts they had received had been " very contradictory * MSS. Council Mimites in office Sec. State K Y., 11&5-\18Z, xxvi. 22. Brat- tleborongh Semi-Weekly Eagle, Monday, October Ist, 1849. Doc Hist. N. Y., IV. 580, 581. 134 HISTORY OF EASTEEN VERMONT. [1Y66. and nnsatisfactoiy ;" that the inhabitants of that portion of the province held their lands, as yet, by an equitable title only ; that they were wholly " unacquainted with the laws of the pro- vince, and the modes of dispensing justice therein ;" that Ports- mouth, the place to which they had previously resorted to attend the courts of justice, was at a greater distance than the city of Albany, and that should the committee " to suit a pre- sent convenience, advise the forming a part of the province so little known into a county, when it must shortly become expedi- ent to new model it, pi'ivate property would be greatly injured, by altering the seat of the courts of justice and otherplaces of public resort." For these reasons the committee reported adversely to a new county, but recommended the appointment of a " com- petent number of fit persons for the conservation of the peace, and the administration of justice in that part of the province."* Li accordance with this suggestion, commissions were issued on the 20th of January^ 1766, and twenty-one additional justices of the peace were a2Dpointed for the administration of the laws within the county of Alliany. Of this number, Thomas Chan- dler, "William Gilliland, Joseph Lord, Isaac Mann, Eobert Harpur, Jacob Bay ley, and Samuel AVells, were assigned of the Quorum,f and to all these newly commissioned officers, the sheriff and constables of Albany county were commanded to yield obedi- ence. By an act of the British parliament which extended over the English colonies, all civil and military officers were required to take and subscribe their names to the oaths of alle- giance, supremacy, and abjuration. Thomas Chandler, William Gilliland, and Isaac Mann, were empowered to tender and ad- minister these oaths, and a Dedimus Potestatem confirmed to them this authority. At the request of Sir Henry Moore, Governor of Kew York, measures were taken to ascertain the number of men between Connecticut river and the Green Mountains capable of bearing arms. According to the report of Thomas Chandler, presented on the 20tli of January, there were in the south'ern portion of that district about six hundred * MSS. Council Minutes in office Sec. State, N. Y., 1165-118^, xxvi. 2o. Brat- tleborough Semi-AVeekly Eagle, Monday, October 1st, 1849; Thursday, Octobei' 4th, 1849. Doc. Hist. K Y., iv. 581-584. f Four years previous, fifty-five justices had received commissiong in Albany county. The whole number now, was seventy-six. In the same county fifteen persons had been previously appointed of the Quorum. The whole number was now twenty-two. The duties of these offices were also performed by the mem- bers of the Council and by thj Atlorney General. 1766.] NOinNATION OF OFFICERS. 135 men,* and in tlio nortliern portion about one. half that number, answering to this description. A proposition was then made, that two regiments should be formed, and that the command of the southern one should be assigned to Thomas Chandler, and of the northern one, to Jacob Bayley. This suggestion, as far as it related to the southern regiment, was carried into eftect, and military companies were formed in several towns. There is still extant a commission, signed by II. Moore, bearing date February 27th, 1766, appointing " Simon Stevens to be Ca^Dtain of the Eighth Company of foot, in the Regiment of Militia whereof Thomas Chandler Esqr. is Col°* to Consist of the Liha- bitants of Springfield," and the chirography in the commission is that of the Colonel himself. The nomination of civil officei"s in the northern part of Albany county having been confirmed by the Governor, a meeting of the justices of the peace and quorum, was called at Rockingham, on the 27th of February, at which time constables were a})pointed for five of the principal towns.f In this manner an attempt was made to preserve, at * In a letter from Sir Henry Moore, Governor of New York, to the Earl of Shelburne, dated "Fort George, New York, 9th June, 1767," occur these words: "I afterwards issued out Commissions for forming a Militia in those parts, and in some months afterwards a return was made to me of the Regiment formed there, which amounted to upwards of six hundred men. I could not help ex- pressing much satisfiiction at seeing so large a Return, and expected to find that the number of families was in proportion to it, but the Officer who made it, would not impose on me, and told me in a very ingenuous manner, that a great number of Families concerned in those Lands, resided either in New England, New Hampshire, or Connecticut, and had never been upon them ; that some of the most active young People out of each family were sent there to begin the Settle- ments, many of whom iit the close of the summer returned to their Homes, while others more industrious, continued there in the Winter that by forwarding their improvements, they might more readily pave the way for those who did not choose to encounter all the difficultys of a New Settlement, but would rather wait till some improvements were made before they removed. The same steps could not be taken for the service of that part of the Country to the North of the County of Cumberland, for although the District was large enough to form a County of the same extent, very few Improvements had been made in any of the Townships except in that of Newbury." — Doc. Hist. N. Y., iv. 595. In a passage preceding this extract, it is stated that the regiment in the new territory was formed after the establishment of the county of Cumberland. This is a mistake. The " Law for erecting the County of Cumberland," was passed July 3d, 1766. The commissions to officers in the new regiment were dated, some of them, as early as the preceding February. f Nathan Earll was chosen constable for the town of Chester, Joel Stone for the town of Windsor, Abiel Cliamberlain for the town of Newbury, Simon Stevens for the town of Springfield, and Medad Wright for the town of West- minster.— Pingry MS. Book of Commissions in office Sec. State, N. Y., 1751-1770, 13G UISTOKY OF EASTERN VEKMONT. [1766. least, the forms of justice. As the result of these measures, a better state of manners was observable in the new settle- ments. Although the benefits resulting from the new system were not to be despised, yet many of the inconveniences before com- plained of still remained, nor did it appear that any of the means proposed could remove them, the formation of a new county excepted. As the road then ran, most of the inhabit- ants were distant from Albany one hundred and fifty, and some of them two hundred miles. In that city the courts and public elections were held, and thither it was absolutely neces- sary that a number of the settlers ahould annually resort. With difficulty could the sheriff of Albany county serve a pro- cess in the northern part of his bailiwick ; and not without a guard of a dozen men, could he with safety convey a prisoner or a debtor through the woods and over the mountains to the jail at Albany. There were, it is true, civil and military officers in abundance in the new district, but the latter could not assist the former, even were their assistance needed, for the power of the former was not much regarded, and there were no places of confinement or means of punishment near at hand, as a terror to the evil-doers who might be arrested. Urged on by these potent considerations, a number of those who had formerly pleaded for a county, besought the Council of New York, on the 16th of June, for the same boon. On this occa- sion their request was seconded by the Governor, and the Council of New York responded favorably to the application. A portion of the New Hampshire Grants, situated between Coimecticut river and the Green Mountains, was, on the 3d of July, erected into a county by the name of Cumberland, and its boundaries were duly established,* To the inhabitants V. 812. Brattleborough Semi- Weekly Eagle, Monday, May 6tli ; Monday, May 27tli, 1850. Doc. Hist. N. Y., iv. 586. * The bovmdaries of Cumberland county, as first established, have been pre- viously recited on pages 1,2. In the act erecting the county of Ciunberland, the following condition was inserted : " Provided always, and it is hereby enacted by the authority aforesaid, That if any lands lie within the County aforesaid, wliich are held by Grants under the Great Seal of the Colony of New Hampshire, by His Majesty in Council on the 20th day of July, 17(54 : such lands shall be and remain within, and be part of the County of Albany, anything herein contained to the contrary, notwithstanding." According to the terms of this proviso, the greater part of the territory comprised within the bounds of Cumberland county, would still have remained a part of the county of Albany. 1766.] ESTABLISHMENT OF COUKTS. 137 were granted all the powers and privileges enjoyed by tlie other counties and towns in the province, excepting only the choice of members to represent the county in the Provincial Assem- bly, which privilege was withheld for the present. In another portion of the act for the formation of the county of Cumberland, provision was made for the erection of a court- house and jail, Tlie freeholders and inhabitants of the county were authorized to elect supervisors, assessors, collectors, a treasurer, and other county officers, in order that the " public and necessary charges " of the province might be defrayed, the poor maintained, and vagabondism discountenanced. At the meeting next after their apjDointment, the supervisors were di- rected to levy and collect of those residing or sojourning in the county, a sum not exceeding two hundred pounds, to be applied in constructing a court-house and jail. Chester, "being the most convenient" among the townships, and "nearest the centre " of the county, w^as selected as the location for these buildings, and the sheriff was ordered to compute mileage from the court-house. By another act, passed July 15th, the "judges and justices duly authorized in that behalf," were di- rected to hold " yearly and every year " in the township of Chester, a court of Common Pleas, to hear, and according to the laws of England and the province of New York, " to try and determine all suits, quarrels, controversies and differences," which might arise, in the technical language of the ordinance, between any of the " loving subjects " of the county, " above the value of forty shillings." A court of General Sessions of the Peace was also established, and the first Tuesday in June and the first Tuesday in Kovember in each year were selected as the days on which these judicatories were to commence their sessions. The length of each term session was Hmited to four days, and the two courts were authorized to sit at the same time, in order that business might be " constantly pro- ceeded in and all unnecessary attendance avoided." Com- petent men were selected as judges and assistant justices of the court of Common Pleas. Justices of the peace and other county officers were appointed, and a foundation was laid for administer- ing the law in accordance with the most approved methods.* * New York Colonial MSS., in office Sec. State, N. Y., 1766, 11 &1, xciy.; Book of Commissions, 1751-1770, v. 320; Council Minutes, 1765-1783, xxvi. 61. Doc. Hist. N. Y., iv. 587, 588, 594. Brattleborough Semi-Weekly Eagle, Thursday, June 6th, Monday, June 10th, Thursday, June 13th, 1850. 138 HISTORY OF EASTEEN YEEMONT. [1T66. To increase the facilities of communication between the dif- ferent towns of the new county, the Legislature, on the 19tli of December, passed an act "for laying out, regulating, and keeping in repair, common and public highways." By this act, the "freeholders and inhabitants" of the county, were au- thorized to choose at their annual town meetings, three free- holders in each town to serve as commissioners for laying out and regulating highways, and as many persons for surveyor and overseers of highways, as the majority of voters should deem best. Those chosen, were required to accept of the offices given them. To each overseer a portion of road was allotted, of which he was to have especial charge. The com- missioners were empowered to construct such roads as they judged necessary, and in case of dispute as to the most conve- nient routes or the connection of roads between town and town, were instructed to call in three commissioners, one from each of the neighboring towns not interested, who were to determine where the road should run. If any road proved inconvenient, the commissioners of the to^vn or towns through which it passed, were allowed to alter it or lay out another. The commissioners were not allowed to run a road through any person's land without his consent, and all disputes as to land damages were to be settled by certain fixed regulations which were detailed in the act. Any one who should " alter, stop up, or lessen " any road laid out by the commissioners, without their consent, forfeited forty shillings, to be applied by the surveyors towards repairing the roads. Public roads were not to be under two or over four rods in breadth. The breadth of private ones was fixed at twenty feet. Persons by or through whose lands i3ublic roads ran, were " obliged to clear and maintain the same, by cutting down the wood, clearing and stubbing up the brush," and " digging up the stones " that could be carried off, to the width of one rod. The limbs of the trees overhanging the road were also to be lopped and taken away. The inhabitants of each town were required to work on the roads six days in the year, or for as long a time as was sufficient to keep them in repair. For each day's neglect of this service, a penalty of four shillings was incurred. In road work, " a carriage and a man to manage it," were deemed equal to three days' work of a single person. Tlie fine for neglect when a man was ordered out with his team, was fixed at twelve shil- lings per diem. Workmen were obliged to furnish " spades, 1766.] NEW SETTLEMENTS. 139 axes, crows, and pick-axes," or sucli tools as the surveyors might direct. In making road repairs, permission was given to use the trees " standing on the roads." When a highway "from any town or phxntation to any meadow*s, mills or common landing places," ran through any person's land or meadow, he was allowed, by the approval of the town commissioners or the '' major part of them," to "place and hang good, easy-swinging gates, on such highways," and keep them in repair at his own cost. By other regulations, it was enacted that an account of the highways " laid out, altered or stopped up," should be cer- tified by the commissioners and entered in the county records ; that each commissioner should be allowed six shillings per diem, when engaged in official duties ; that the surveyors should, within eight days after having received notice to that effect from a justice of the peace, warn the people to w'ork on the roads, and that in case the surveyors should neglect to perform this duty, they should be mulcted forty shillings each. All fines were to be applied to the repair of the highways. The term of this act was limited to four years. The principles em- bodied in its paragraphs served as the foundation of the town regulations of this nature, which now obtain in the state of Yermont.* The affairs of the new county having been satisfactorily arranged. Governor Moore directed his attention to the settle- ment of the adjacent country. With the approbation of the Provincial Council, a township was laid out for him and others associated with him, situated twelve miles distant from the north line of Cumberland county, " on a spot neither granted by ISTew Hampshire, nor claimed by any persons."t He then announced his intention of giving the land comprised within this township to the families who would agree to colonize it, provided they would manufacture yearly a certain amount of potash, and plant a certain number of acres with hemp. On the fulfilment of these conditions, he declared that the fee of the land should be vested absolutely in the possessors. As soon as these terms were made known, applications were made by different pereons for grants, and before the middle of the year 1Y6T, fom*teen families had settled in the new township, * Act of 7th George III, in Laws N. Y., Van Schaack's ed. 1691-17'73, pp. 487-490. + Reference is undoubtedly had to the township of Bradford. A brief account of the early settlement of this place may be found on pages 123, 124. 140 HISTORY OF EASTERN VEEMONI. [1767. and land had been allotted to ten other families in the city of New York, and to several persons in Connecticut and Massa- chusetts. At this stage of the undertaking, Governor Moore ordered a saw mill and a grist mill to be built for the use of the settlers, and a church to be erected, with a farm attached as a glebe for the minister who should occupy its pulpit. In aid of religion and education, a township was laid out and placed in the hands of trustees " for the use of the ministers of the gospel according to the communion of the Church of England," and another was set aside for the benefit of King's now Co- lumbia College. While Governor Moore was in this manner studying to advance the interests of his subjects, many of them, who had formerly obtained land under New Hampshire titles, a23plied to him for confirmatory grants. These were in many instances bestowed, and the proprietors were quieted in their possessions by a secondary payment of fees. By the New Hampshire charters, a certain quantity of land in each town- ship was reserved by Governor Wentworth for himself. Tliese shares had in most instances remained uncultivated and un- improved. Care was now taken that this gubernatorial privilege should be no longer allowed, and the Governor's rights, as they were called, were by the confirmation charters of New York accorded to those who should clear and cultivate them. Although it might have been supj^osed that the educated men in England, in the middle of the eighteenth century, would have been sufliciently acquainted with the topography of the English colonies in America, to have enabled them to speak and act with discrimination on matters pertaining to that sub- ject, yet such was by no means the case. It was then custom- ary for those occupying places of power and distinction, to apply to his Majesty for large grants of land in the colonies These applications were generally received with favor, and the governors in the American colonies were then ordered to locate the amount of land which had been granted, in such places as the grantees might choose. By this mode of procedure, most extravagant demands were often made of the colonial governors, sanctioned by royal authority, and had these demands been in all cases satisfied, the result would have been pernicious in the extreme.* * As instances of the manner in which lands were bestowed by the Crown, the following facts may be cited. On the 20th of September, I'lGS, "Walter Patterson in behalf of the Right Honorable Stephen Fox, Eai-l of Illchester ; the 1767.] CUMBEKLAiro COUNTY. 141 Although the Council of New York judged themselves authorized to dispose of the territory between Connecticut river and Lake Champlain, they were still willing to hear the remon- strances which were frequently made by those in possession under New Hampshire gi-ants. Various petitions had already been presented for tracts of land on the west side of Connecticut river, which had been previously granted in townships by the government of New Hampshire. The Council conceived that it would be improper to reply to these petitions, until they should be apprised of the interests which would be aflected by the answer they might give. They therefore decreed, on the 12 th of Febru- ary, 1767, that all proceedings on the petitions which had been oftered, should be suspended, " until the appearance before his Excellency in Council, of such principal proprietor or proprie- tors of each respective township duly authorized to sue out a grant for the same in behalf of all the persons interested therein, and sufficiently prepared to give the fullest information to the Board respecting the shares of the several claimants."* Meantime, the act by which the county of Cumberland was established, had been, agreeable to the laws and statutes of England, " transmitted to his Majesty for his royal approbation or disallowance." "Whether the act itself was informal, or whether the formation of a county without first consulting the home government was regarded as an encroachment on the kingly or parhamentary prerogative, does not appear. It is plain, however, that the conduct of the Governor and Council in this instance, was not viewed with favor. The lords of the Privy Council for plantation affairs reported adversely to the act, and pursuant to their advice, the King, on the 26th of June, Right Honorable Henry Fox, Lord Holland ; Charles Lee, Esq. ; Clotworthy Upton and himself," petitioned Governor Henry Moore of New York, that the 20,000 acres of land which " His Majesty in Council" had been " graciously pleased to order to be granted to each of them in the Province of New York," might be located as follows: — 20,000 acres in the townships of Fulham and Putney, 20,000 acres in the townships of AVeathersfield and Windsor, 20,000 acres in the townships of Hertford and Hartford, 20,000 acres in the townships of Brattleborough and Guilford, 20,000 acres in the township of Fairlee, and between that and Newbury. Sir Henry Moore, who had lately been appointed Governor, did not arrive in New York until the 12th of November following, and Lieut. -Gov. Golden, in whose hands the administration of affairs was then placed, did not deem it expedient to obey the royal order, and the petition was laid aside. — N. Y. Colonial MSS., Land Papers, voL xix. * MS. Council Minutes, in office Sec. State, N. Y., vol. xxix. Doc. Hist. N. Y., iv. 588, 589. 142 HISTOKY OF EASTEEN VERMONT. [1767, 1768. declared it " void and of none eflect." This decision was com- municated to the Governor of Xew York, and by him was pub- lished to the inhabitants of the province, on the 3d of December following. This proceeding was shortly after followed by another equally unfavorable to the interests of ISTew York. Owing to a number of representations which had been made by parties in- terested in the lands which had lately been declared to be part of that province, the committee of the Council for plantation affairs counselled the King to command the Governor of New York, by " the most positive orders," to desist from making any grants of that part of the territory lying west of Connecticut river, which had been chartered by Governor "Wentworth. An order in Council to this eifect was accordingly issued on the 24th of July, and his Maj esty 's " highest displeasure" was denounced against the Governor, in case he should fail to observe these instructions.* "When the repeal of the act by which the county of Cumber- laud had been established, became known, numerous applica- tions, representing "the distress and great inconveniences" under which the inhabitants of that part of the country were laboring "through the want of a due administration of justice," were again made to Governor Moore, and relief was sought for in terms which could not well be denied. The subject was referred to the provincial Council, and as the result of their deliberations, the Governor was advised, on the 10th of Febru- ary, 1768, to direct the Attorney-General to prepare a draft of an ordinance for erecting the lands which had been comprised within the former county, into another county of the same name. In accordance with the royal will, letters patent esta- blishing the county of Cumberland were soon after presented to the Council, and after amendment were, on the 18th of March, ordered to be engrossed. To this instrument the " Great Seal" of the province of Kew York was affixed on the 19th, and the county of Cumberland was again a fact.f On the inhabitants were bestowed all the "powers, privileges, and immunities" enjoyed by the inhabitants of the other counties in the province, and permission was given them to erect at tlieir own charge a court-house and jail to be located in the township of Chester, which being nearest to the centre of the county, was declared * Doc. Hist. N. Y., iv. 60S-611. MS. Council Minutes, in office Sec. State, K Y., xxvL IIG; xsix. 250. ^ The boundaries of Cumberland county under the second charter, have been previousl}- recited on page 2. 1768.] LAWS RELATIVE TO FELLIXG TIMBEE. 143 to be " most convement for that purpose." To cany out the provisions of the new charter, courts were established on the same basis as before ; civil officers were nominated to manage the affairs of the county ; and with the approbation of the Council of the province, commissions were issued on the 7th of Ajjril, to those who had been selected for office.* During the first quarter of the eighteenth century, the atten- tion of the Board of Trade in England had been particularly directed to the evil results which would be likely to follow in case the inhabitants of the province of New York should be inhibited in the use of certain kinds of timber which to them were of especial value. " One of the methods already thought of for making this province more useful as to naval stores," wrote the learned Cadwallader Golden, in the year 1723, " is a severe prohibition of cutting any white pines fit for masts. No doubt the destroying of so necessary a commodity ought to be prevented, and it would be difficult to frame a law for that end with many exceptions or limitations, which could be of much use. On the other hand, when the literal breach of the law be- comes generally unavoidable, it must lose its force. The lands of this province are granted, upon condition that the grantee, within three years after the grant, effectually cultivate three acres for every fifty granted, and it will not be supposed that it is the intent of the law to put a stop to cultivating the land, which, however, cannot be done without destroying the timber that grows upon it. One at first is ready to fear that the poor planter is under a sad dilemma. If he does not cultivate, he cannot maintain his family, and he must lose his land ; if he does cultivate, he cuts down trees, for which he is in danger of * Book of Commissions, in office Sec. State, IST. Y., 1V51-17Y0, v. 3G3, 374: Council Minutes, 1765-1783, xxvi. 116, US, 119. Laws of N. Y., 1768, p. 469. Doc. Hist. N. Y., iv. 611. Little is known concerning the court and county records of Cumberland county before the year 1775. That there were such records, there can be no doubt. On a deed which is still extant, made by Thomas Chandler of Chester to Ebenezer Holton, is inscribed this technical endorsement : ' Received for Record, January y® 8th, 1770, and Recorded in the Records of Deeds for the County of Cumberland, Lib. A. Folio 79, and examined. John Chandler, Clerk.- The Hon. Harry Hale of Chelsea, Vt., in a letter to the author, dated December Ist, 1852, conveys the following information on this subject: — "In 1833-4-5," he writes, " I was county clerk of Orange county, and recollect seeing some curious records of the old Cumberland county in the clerk's office, where they may, pro- bably, now be found." Further enquiry has elicited no new facts on this subject, and it is doubtful whether the " curious records" are now in existence. l-ii HISTORY OF EASTERN VERMONT. [1763-1768. being undone by prosecution and fines. Tlie inhabitants can- not build houses without pine for boards and covering, nor send vessels to sea without masts. It cannot surely be the intent of the Legislature to put the inhabitants under such extreme hardships by denying us necessary timber while we live in the midst of such forests as cannot in many ages be destroyed — and the more that the King for whose use these trees are reserved, does not, nor has not made use of one tree for many years in this province. " But suppose," continued this prudent adviser, " the people could be restrained from cutting any white pines, it will not answer the end for which it was designed, for if the King were to send people to cut down masts in tlie place where they grow, and to transport them to such places where they can be carried by water, the charge will amount to treble the sum they might be bought for at New York, if the canying of them were left to the inhabitants themselves. The King in this case must have a great many hands and overseers in constant pay. He must buy horses, oxen and carriages, and maintain them or hire them after the most chargeable manner, whereas the country people carry these trees in the winter upon the snow and ice when they cannot labor in the ground, and are glad to make a little profit at any rate."* With such reasoning as this, did one in whose mind were ever uppermost the interests of the province of which he was a citizen, and over which he was subsequently stationed — with such reasoning as this, did he strive to hinder the passage of a law whose evil effects he plainly foresaw and correctly foretold. Notwithstanding these efforts, the restriction was promulged, and became afterwards a favorite measure in the short-sighted policy of the home government towards the American colonies. In the charters which were subsequently issued by Governor Wentworth of New Hampshire, in the King's name, granting by townships the land lying between Connecticut river and Lake Champlain, a special condition was inserted, by which " all white and other pine trees" fit for masting the royal navj*, were to be " carefully preserved for that use," and none were to be " cut or felled" without special license. In case of disobe- dience, the right which the grantee might have in the township where the offence was committed, was to revert to the King, and the offender was also declared " subject to the penalty of » Doc. Hist. N. Y., i. 719, 120. 1Y63-1T68.] CONDUCT of governor wentworth. 145 any act or acts of Parliament" -which were then or might there- after be enacted. A similar clause was inserted in the confir- mation and other chapters which were afterwards issued by the province of New York. To the " Surveyor-General of his Ma- jesty's Woods" was entrusted the enforcement of this restriction, and the prosecution of those who should disobey it. In answer to the proclamation of Lieutenant-Governor Golden, issued on the 28th of December, 1763, asserting the right of New York to jurisdiction as far eastward as Connecticut river, founded on the grant of Charles II. to the Duke of York, Go- vernor Wentworth, as has been before stated, had published a counter-proclamation, on the 13th of March, 1764, declaring that the grant to the Duke of York was obsolete, and that the westei'n bounds of New Hampshire were co-extensive with those of Mas- sachusetts and Connecticut. When by a special Order in Coun- cil, under date of July 20th, 1764, the title of the Duke of York was confirmed, and Connecticut river was fixed as the dividing line between New York and New Hampshire, Wentworth, in his gubernatorial capacity, submitted to the decision. In his private conduct, however, he showed esj)ecial favor to those who stiU acknowledged the jurisdiction of New Hampshire over the " Grants," as the territory west of the Connecticut was called. John Wentworth, who, on the 11th of August, 1766, succeeded his uncle, Benning Wentworth, as Governor of New Hampshire, succeeded him also in the ofiice of " Surveyor-General of His Majesty's Woods in all and singular His Majesty's Colonies and Plantations in North America." The former Governor, as Sur- veyor-General, "had been charged wdtli neglect of duty, and with indulging his deputies in selling and wasting the King's timber." Tlie new Governor, unwilling to incur a similar imputation, de- termined to pursue a difi'erent course. For the purpose of becoming acquainted with the condition of the wooded land, with the care of which he as surveyor was charged, " he fre- quently ti-aversed the forests," and thus obtained the informa- tion which he needed, by personal examination. But the sj^irit of malice which had actuated the uncle in his conduct towards those settlers on the " Grants" who acknowledged the jurisdic- tion of New York, was not wanting to the nephew. The proof of this will hereafter appear.* * Doc. Hist. N. Y., iv. 558-660, 570-572, 574, 575. Belknap's Hist N". H., iL 337, 338, 345. Thompson's Vt, Part II. p. 224. 10 146 HISTORY OF EASTERN VERMONT. [1763-1768. The townsliip of Windsor had received its fii'st charter from the province of New Hampshire, on the 6th of July, 1761. After the passage of the order in Council of July 20th, 1764, another charter had been granted by New York, on the 7th of July, 1766, and with it eight hundred acres of land additional. Although the second patent had been bestowed on the motion of some of the most influential citizens in the place, yet many of the inhabitants were opposed to the jurisdiction of New York, and denied the authority of the courts which were afterwards established by that province. In this township, situated on the west side of Connecticut river, and in the township of Cornish, situated on the opposite bank, there were growing, in the year 1768, the finest forests of white pine trees to be found on the borders of that stream. The owners of the land whereon these forests grew, being for the most part friendly to the jurisdiction of New Hampshire and opposed to that of New York, found it easy to obtain from the Surveyor-General or his deputies, certi- ficates permitting them to fell cei'tain trees " unfit for his Ma- jesty's service," and to appropriate them to their own use. Thus were they busy, day after day, in cutting and putting into the river, timber which was afterwards to be floated to the most convenient markets. Among those who refused to join with their neighbors in denying the authority of New York, were Capt. William Dean and his sons, AYillard Dean and WilKam Dean Ji*. Wishing to procure some pine timber, not reserved by law, and observing with what ease certificates were obtained, Capt. Dean applied to Daniel Jones, a justice of the peace, re- siding at Hinsdale, New Hampshire, Benjamin Whiting of Newbury, and others of the Smweyor-General's deputies, to survey some trees for him and give him a permit to cut such as they might deem unfit for his Majesty's service. These appli- cations were in all cases accompanied by the customary offering of fourteen shillings, proclamation money, per diem. After vain solicitations on the part of Capt. Dean, at various times during four months, for a written permission, Whiting gave him verbal leave to cut such white pines as were unfit for the King's use. Dissatisfied with this license, Caj)t. Dean re- paired to Governor Wentworth, the Surveyor-General, informed him of the efiforts he had made to procure a proper certificate from the deputy surveyors, and of the ill success he had met with, and desired that a special deputy might be appointed to make the necessary examination and grant his lawful request. 1769.] PKOSECUTION OF THE DEANS. 147 "Whiting, wlio was present on this occasion, promised Capt. Dean in the presence of the Governor, that he would survey the timber for which he had appHed, and give him a certiticate within a fortnight from that time, specifying the trees which he might deem unfit for the King's use. On returning home, Capt. Dean found that his sons, in consequence of the verbal hcense obtained from Whiting, had felled seventeen trees, much inferior in size to many which had been cut by his neighbors, and to all appearance unsuited for naval purposes. Liformation of this circumstance having been carried to Governor Wentworth, he immediately set out for Windsor, for the purpose of punishing the Deans. On his way thither, " he rode through a pine forest in Cornish and dined in the midst thereof at the house of Samuel Chase, Esq., and must thereby have had a view of the notorious destruction of the same, as the pines, felled, lay on the ground on each side of the road, and around for many acres." Still these sights did not withdraw his attention from the end which he had proposed. Tlie friendship of the Deans towards the government of New York was to him a graver ofience than that suggested by the evidences of destruction which surrounded him, and the opportunity of satisfying a grudge by the use of apparently legal means, was too good to be postponed to causes which should have demanded his most serious attention. A prosecution for " trespassing against his Majesty by cutting, feUing, and destroying many white pine trees" on lands in Windsor, was commenced against the Deans in the court of Yice- Admiralty for the province of jSTew York. Writs were granted by the Hon. Richard Morris, Judge of the Yice- Admiralty, and were placed for execution by Thomas Lud- low, Provost Marshal in the same judicatory, in the hands of Whiting, who at the same time was made Deputy Marshal. Armed with the authority of the law, and a brace of pistols. Whit- ing, on the 29th of August, 1769, entered the dwelling-house of Capt. Dean, who was at that time at Springfield, Massachusetts, and without any opposition arrested his two sons. On the evening of the same day he delivered the prisoners to the care of his assistants, Benjamin Wait and Samuel Patrick, whom he supplied with pistols and ammunition ; and having commanded them to fire on the prisoners if they should endeavor to escape, or take advantage of any attempted rescue, he departed. Wait and Patrick remained on guard until the next morning, when the former delivered his pistol to James Rosebrook. 148 HISTORY OF EASTERN VERMONT. [1Y69. During the day, while the prisoners were preparing for their journey to New York where they were ordered to appear for trial, they were watched by Patrick and Rosebrook. Towards evening, Solomon Emmons and David Getchel made their apj)earance, and informed the last mentioned keepers, that by the order of Israel Curtis, a justice of the peace, they had come to stand guard during the night. The pistols were accordingly delivered to Emmons and Getchel, with orders to fire as before. On the morning of the 31st, as William Dean Jr. was stand- ing in the outer doorway of his house, in which he had for two days been a prisoner, Israel Curtis came up. Dean desired him not to enter. Curtis, upon this, seized Dean, and jjushing him a considerable distance, vociferated, " You blockhead, you rascal, how dare you bid me not to come into your house ? Don't you know that I am a justice of the peace ? I have a right to break into your house and break all the locks that are in it, and have a right to pull your house down over your head, and by the living God, I will make you know it in less than one month." Tliereupon, Curtis took the pistols from the guards, and gave them to Enoch Judd and Elnathan Strong, with ordere to fire the prisoners through, or " break their bones with clubs" should they attempt to escape. Terrified by such language and commands, Mrs. Dean, the wife of the prisoner, " fell into a fit," from which she did not recover for several hours. A little before noon of the same day. Whiting came again to the house, and having placed the prisoners in the care of Wait and Rosebrook, ordered the party to proceed to Hinsdale on their way to the city of New York. This order they obeyed. On the evening of September 1st, the guards with their prisoners having reached Westminster, were there met, at the inn of Ephraim Ranney, by one John Grout, an attorney-at-law in Cumberland county. Having been informed by the Deans of the misery of their condition, of the ill usage they had received, and of the restraint under which they had been kept. Grout asked the guards whether the prisoners had behaved improperly or shown a disposition to escape. Being answered in the negative, he declared that prisoners ought not to be carried under the "terror of death," nor "threatened with beating," provided they conducted with decorum while in custody, and were submissive to their keepers ; that Whiting 1769.] PKOSECUTION OF THE DEANS. 149 was much at fault, in suflering tlie prisoners to be treated in such a barbarous manner; and tliat they, the prisoners, had the right, should they choose to exercise it, of bringing an action against the guards for abusing the privileges of their office. The conversation being renewed on the morning of September 2d, Grout asserted that prisoners taken on a mesne process, " ought not to be carried to prison under terror of fire-arms, and that in case they should attempt to escape, their keepers would have no right to kill them, or to disable them by firing on them." He then asked the Deans whether they would promise not to make any attempt to escape. To this question they replied affirmatively. He then endeavored by threats and promises to persuade the guards to unload their pistols. In this attempt he succeeded, but was unable to make them burn theii* ammu- nition. He also counselled the guards to treat the prisoners with kindness, and the prisoners to be obedient to their keepers, and by no means to attempt to escape. The prisoners, who were almost destitute of money, requested Grout to repair to Springfield, Massachusetts, and obtain for them pecuniary assistance from their father. Having accepted the commission he soon after started on his journey. The guards with their prisoners were not long in following, and on arriving at Hins- dale in the evening, w^ere rejoined by Grout, who had arrived before them. While Wait and Rosebrook were engaged in conducting their prisoners from Windsor to Hinsdale, Whiting, on mformation presented to Governor Wentworth by Daniel Jones, a deputy surveyor, had, with the assistance of Amos Tute, one of the coroners of Cumberland county, arrested Ebenezer Fisher of Bratiieborough, on Saturday', September 2d, charged with the same offence which had been imputed to the Deans. On the evening of the same day. Whiting went with his prisoner to the house of Samuel Wells, who resided in Brattleborough, and who was one of the judges of the inferior court of Common Pleas. Having informed him of the arrests he had made on process from the court of Vice-Admiralty, he told him that he should expect his aid as a magistrate, provided there should be occasion for it. In reply, Wells expressed his dislike to the proceedings, and said that they were "spiteful or malicious actions," and were owing to Governor Wentworth's dishke to the people on the west side of the Connecticut. Continuing the conversation, Wells asked Whiting by which way he intended 150 HISTOEY OF EASTERN VERMONT. [1T69. to carrj liis prisoners to Ise^^ York ; whetlier tlirougli Massa- chusetts and Connecticut, or through the woods to Albany. Whiting made answer that he was undecided as to the route he should pursue, and remarked that Jones and Grout had told him, that bj the laws of Massachusetts there were regulations by which officers of other governments could convey prisoners through that province, if necessary. Wells replied that he knew of no such regulations, but if there were any such, he should advise him to go by that way, as the travelling would be much easier than by the road through the woods to Albany, which was but little travelled, and for a part of which a guide would be indispensable. Having learned on whose information Fisher had been arrested, and Fisher having stated that he had taken only such trees as had been blown down years before, and such as were partly decayed. Wells told Whiting that he was inclined to believe the prisoner's statement, as he knew of his having such logs in his possession, and that he had brought none other than such to his saw-mill. He added, moreover, that the conduct of Jones appeared to him " malicious and vexa- tious." Whiting then observed that he had no power to release Fisher, but that Jones probably had ; and desired Wells to meet him and Jones at the house of Amos Tute in Hinsdale,* on the Monday following, for the purpose of consulting in reference to the prisoner's enlargement. To this proposition Wells assented. In connection with the conversation above detailed, Wells asked Whiting whether he had any means of procuring the at- tendance of witnesses, and who the witnesses were. Whiting- answered that he had with him blank subpoenas, which he should fill up with the names of those Avho could prove what was alledged against the prisoners, and serve. According to the terms of these subpoenas, witnesses were required to obey the directions they contained under the penalty of one hundred pounds. This representation having given rise to debate. Wells read from Jacob's Law Dictionary under the title Subpoena, to the effect that the penalty was inserted " in terrorem^'' and was not recoverable of the witness in case he should not attend agreeable to the summons. It further appeared in the course of conversation, that the witnesses, although commanded to ap- pear in the city of New York, were to receive but two or three * Now Vernon. 1T69.] rEOSECUTioN of the deans. 151 shillings to compensate them for their loss of time, and defray the expenses of their jom-ney. At the close of this conference, Whiting proceeded to Hins- dale, where he fomid Grout in consultation with the Deans, who with their keepers had that day come from Westminster. Tiii-ning to Whiting, Grout endeavored to persuade him to go with his prisoners through the provinces of Massachusetts and Connecticut. In support of this advice he mentioned the diffi- culties which beset the way through the mountains to Albany, the excellence of the other route, the license contained in the laws of Massachusetts and Connecticut, allowing officers of other jurisdictions to convey prisoners through those provinces, and the legal right which the guards would have, should they adopt the course recommended, to require the assistance of the people of the county through which they might be passing, in case an attempt should be made to rescue the prisoners. Wait then told Whiting that Grout had said at Westminster that he, meaning Whiting, " had no right to carry fire-arms when he had any prisoner in his custody." IJjJon hearing this statement. Grout not only acknowledged it as his own, but reiterated it, and added that he would make Whiting comprehend its meaning. On Sunday morning, September 3d, Whiting informed Grout that he intended to set out for Albany with his prisoners, on the Tuesday following, by the way of the woods. Grout in reply acquainted Whiting with his business at Springfield, and desired him to tarry at Hinsdale until his return, which he fixed on Tuesday night. Whiting made no promise, and Grout soon after set out on his journey down the river. Early on the morning of the 4th, by previous agreement, Wells repaired to Hinsdale and there met Whiting and Fisher. As the object of this meeting was to consult with Jones, the deputy-surveyor, in regard to the release of Fisher, and as Jones resided on the opposite side of the river. Whiting, in company with Major John Arms, the High Sheriflf of the county, crossed over to find him. During their absence. Wells took the pri- soners into an adjoining orchard and engaged them in conversa- tion. Meantime, Wait observed the whole proceeding, as he stood before the door of the house where his party were lodged. The interview being ended. Wells inquired of Wait concernmg the route by which he supposed the prisoners would be conveyed to New York. On being told that they would probably be taken across the mountains, he remarked that it would be easier 152 HISTORY OF EASTERN VERMONT. [1769. to go dowu the river, as they would thus gain the advantage of " a good road all the way." AVait then remarked that Whiting had not decided when he left Windsor, upon the course he should pursue in travelling. Wells answered, that if Whiting had decided to pass through Massachusetts, and Grout had known of it before his departure, he would probably have lain in wait at Springfield and rescued the prisoners. Such a trans- action Wait declared would only have created trouble and increased the costs of the trial, as the prisoners would have been pursued and again arrested. By this time Whiting and Arms had returned. Satisfactory explanations having been given, Fisher was by Jones's direction released, and allowed to depart without any recognizance. Wells then repeated, in substance, to Whiting what he had before said to Wait in reference to the intended journey, telling him among other things, " that he would never get across the woods, and had much better go down the river where he could go in a canoe or have a good road all the way." He however advised him, in case he should go by the mountain road, to get one Stockwell for a pilot, who, he said, was reputed to know the way well. On the afternoon of the 5th, which was Tuesday, Whiting and his party started on their journey. At the time of their depar- ture Grout was still absent. On their way through Brattle- borough they met Sheriff Arms at Wells's saw-mill, which was situated beside the highway, and from him received an invita- tion to stop at his house when they should reach it, and take some refreshment. On arriving at his house, a dinner was pro- vided for them, and on sitting down at the table, they discovered that Wells and Daniel Whipple were also guests of Major Arms. During the repast. Wells sent to his house for rum, "and having made some liquor they all drank and conversed freely together." At the request of Whiting, Wehs advised the pri- soners, as they had but little money with them, to give Whiting an obligation under their hands, for the repayment of what he should expend for them on the road. To this proposal they agreed, and Wells having written the obligation, they executed it. As conversation became less restrained, owing in part to the excellence of the " hquor," Wells told Whiting that had he gone through Massachusetts, he thought Grout would have arrest- ed him on behalf of his prisoners for false imprisonment, and that the prisoners would have been set at libei-ty. In the same manner, others of the company bantered him, until growing 1T69.] A RESCUE THREATENED. 153 angry, he intimated that Wells had sent Grout on his errand to Springfield, told him " he was a pretty devil of a judge to at- tempt to serve him in that manner," and further declared, that it was his duty as a magistrate, " rather to assist an officer with prisoners, than to try to lead him into a snare." To these un- courteous remarks Wells replied, " that, so far from leading him into a snare, he never knew that Grout had gone to Massachu- setts, until Whiting had so informed him." " Had I sent Grout to Springfield," said he, " do you think I would have advised you not to go that way ?" Changing his tone, he declared that the arrest of the Deans was " but a bad or a spiteful action," that he was determined to assist them to the extent of his power, and intimated his regret that he was not able to set them free. Whiting seemed satisfied with the former part of this explana- tion, and, the dinner being ended, requested Wells to accompany him two or three miles and show him the road to Albany, with which request he comphed. As they were proceeding on their journey, the prisoners on foot being unable to keep pace with Whiting who was on horseback, were told by him, that unless they travelled faster, he would fasten them together with ropes or straps, and throwing them across his horse would carry them in that way, or would tie them to the animal's tail in order that they might learn the proper step. Wells then counselled them to make as much haste as they could conveniently, to be obedient to their guards, and by no means to attempt an escape. With this advice they promised to comply. Before parting. Whiting remarked to Wells that his advice had caused the prisoners to walk much faster, and thanked him for all the favors he had shown him. Whiting conveyed his prisoners that day as far as Marl- borough, and obtained lodgings at a kind of a half inn kept by one Stowell. During the night, the small log-house which they occupied was beset by a body of men from Brattleborough and Guilford, who broke into the lower part and behaved in a very riotous manner, swearing they would release the Deans or pidl down the building, and at the same time uttering many violent threats against Whiting. This tumult was owing to the language which Whiting had used to his prisoners in the pre- sence of Wells, and which Wells had reported on his return home. When the mob had been informed that the Deans had not been treated with the violence which had been threatened, they made no further trouble. 154 HISTORY OF EASTERN VERMONT. [1769. On the morning of the 6th, "Wells, who had received a message from Sheriif Arms, announcing the tumult of the pre- ceding night, immediately mounted his horse, and with the sheriff rode to the place where "Whiting and his party had lodged. Being assured that the people had dispersed without committing any acts of violence, and having collected such information as suited their magisterial purposes, they returned. "Warrants were soon after issued for the arrest of the three principal leaders, and two of them having been taken, were bound by recognizance to appear at the next general session of the county court. "Wells declared openly that those engaged in the disturbance ought to be severely punished, and that he would do all within his power to bring the guilty ones to justice. Grout, who had left Hinsdale on Sunday morning, arrived at Springfield the next day, and informed Capt. Dean of what had befallen his two sons, of their extreme destitution, and of the determination of "Whiting to leave with them for jSTew York by the way of the woods on the noon of the following Tuesday. On account of a cause depending before the inferior court of Common Pleas then sitting at Springfield, to which Dean was obliged to attend, he was not able to reach Hinsdale until Tuesday night. Finding that Whiting had left with the prisoners. Dean proceeded to Brattleborough, where on "Wed- nesday morning he saw Wells. Understanding by him and othei's, that the process issued from the court of Admiralty was against him as well as his sons, he, by Wells's advice, set out for New York to surrender himself to the Marshal, and take trial with his sons. When within about thirty miles of that city, he overtook Whiting, who placed him in custody, and on arriving at the place of destination, lodged him and his sons in jail. On the application of Capt. Dean and his sons, James Duane of the city of !New York, who believed the prosecution to be hard and unjust, undertook their defence as Proctor in the Yice- Admiralty court. Being of opinion that they could not be held to bail on such a prosecution, he moved that they should be discharged on entering their appearance. This motion the court overruled, and ordered them to be held to bail in a large sum. Not being fortunate enough to procure the s]3ecified bail, they were imprisoned. Finding that they should be utterly unable to pay the expenses of a trial, they petitioned the judge of Admiralty to give judgment against them, which 1769,1770.] AN EXECUTION ISSUED. 155 was done. Being equally unable to pay the fines and costs which were imposed on them as the result of their default, they were recommitted to prison, where they remained for several months. During this time, as the little money they had brought with them, and received from the sale of their horses, was expended, and as they had no means of purchasing food, they desired Duane to intercede with the judge of the Admiralty hi their behalf, and by his order to j)rocure for them an allowance of bread and water, to which they were entitled as prisroners at the suit of the Crown. The judge having declared that he had no right to direct such a supply, Capt. Dean entered into negotiations with his friend Wells for the sale of his effects on his farm at Windsor, in order to raise money therefrom for the support of himself and his sons. In answer to Wells, who con- sulted with him on the subject, Duane expressed his approba- tion of the act as one that was both legal and philanthropic. That no disadvantage through misrepresentation or otherwise, might attach to Wells on account of the share which he M'ould bear in the transaction, Duane waited upon the judge of the Admiralty, and laid the whole matter before him. The judge made no objection to the proceedings, nor did he in any man- ner evince his dislike thereto. Li consequence of this informa- tion, Capt. Dean, on the 14th of November, pending the suit, gave Wells a bill of sale of all his household goods and personal estate, the proceeds from which enabled him to support him- self and his sons in prison. When the trial came on, the judge having decided that the defendants had been guilty of the charges alledged against them, and therefore had incurred the penalties of the statute in that case provided, directed an execution against their goods and chattels, but these having been previously alienated to Wells, the recovery of the penal- ties was rendered impossible. While matters were in this condition. Governor AYentworth, on the 10th of February, 1770, wrote to Lieutenant-Governor Colden, condemning in strong terms Wells's conduct. After summing up his misdemeanors, he concluded on that subject in these words : " Attempting to mislead an oflacer, countenancing open, daring trespassers, and aiding in throwing the charge of their prosecution on the Crown, are so heinous in any subject, but in a judge so highly ruinous and dishonorable to the service, that I think it my duty to the king, herein again to assure" you, that every public mischief must result to the department of 156 HISTOKY OF EASTEKN VERMONT. [1770. Surveyor of Woods, if ]\Ir. Wells cloath'd with the power and influence of magistracy, may still be an example of counteract- ing and frustrating such useful and essential laws with impunity." The remainder of the letter was occupied with eulogiums on the "just, legal, and impartial administration of the court of Vice- Admiralty," regrets at the unhappy state of feeling then existing among the inhabitants of the New Hampshire Grants, and promises of assistance in supporting law and order. Accompanying this communication W' as a memorial of the same date from Governor Wentworth as Sm*veyor-General to Lieutenant-Governor Golden and the Coimcil. In defence of the proposal which was to follow, he declared that by "the express terms" of the charters issued " under the public seal of New Ilampshire," lands were to revert to the king, " with right of re-entry" when those who held them were guilty of cutting the pine trees with which they abounded, without first obtaining a license. In conformity with this stipulation, he desired that the lands in Windsor where the trespass had been committed, might be taken from the Deans and escheated to the king. He further remarked, that by such a course the laws for the preservation of his Majesty's masting timber would be more effectually enforced. If other measures, he added in conclusion, shall be pursued, " that penalty of the , statute which was wisely formed, and which by the experience of nearly half a century has in other provinces been found effectual," wall be eluded and defied. These documents having been read before the Council of New York on the 14th of March, an answer to that portion of them in which WeUs was charged with misconduct, in advanc- ing money on the personal eflects of the Deans, was deemed just and proper. Governor Wentworth was in consequence informed on the 21st of March, " that the persons who assigned the goods were then in prison ; that having no means of sub- sistence, Mr. Duane, their counsel at law, advised the assign- ment of the goods as necessary for their support, which were of small value, and were sold to Mr. WeUs, and the monies applyed accordingly; that Mr. Wells declined taking the goods, until Mr. Duane assured him he might do it with safety ; and that his acceptance of the goods was therefore rather to be considered as an act of humanity, than prejudicial to the Crown." On the nth of August, a committee consisting of William 1770.] REPORT OF THE COMMITTEE. 157 Smith, Henry Criiger, and Henry Wliite, were appointed by an order of the Governor and Council of the province of New York, to consider the letter and memorial of Governor Went- worth, and the accompanying documents. In answer to the tirst charge brought against Mr. Wells, namely, that he endeavor- ed to frustrate the arrest of certain persons lawfully prosecuted, the committee, after examining his own declaration and the depositions of a number of witnesses, replied in these words : — "We cannot see sufficient cause to advise, either a removal of Mr. Wells from the places he holds, or any prosecution against an officer, who we are informed sustains a fair character, even in a district where there are not wanting some persons, to whom, from their attachment to the imjustifiable claim of the province of New Hampshire, and his zeal in asserting the right and jurisdiction of this colony, he must be peculiarly obnoxious." To the other charge alledged against Mr. Wells, namely, that he had taken a conveyance of the effects of the offenders, pending the suit, to prevent a recovery of the penalty which they had incurred, the committee made answer, that " parties prosecuted, had by law a right to convey away their effects, and Mr. Wells's acceptance of the grant, with the cau- tion, and in the circu.mstances, and for the ends proved by Mr. Duane, we cannot conceive to be in the least degree criminal." The committee further advised, that copies of the depositions then in their hands should be sent to Mr. Wentworth, "in justification of the conduct of this government, and to show his Excellency our readiness to make diligent examination into the matters of his complaint." In answer to the request contained in the memorial, that the lands of the trespassers might be declared forfeited, the com- mittee, in concluding their report, replied : — We " conceive that advantages of broken conditions expressed in royal grants, are to be taken in a legal course, by regular prosecutions against the patentee ; and that it would be manifestly improper to order any steps for that purpose in the present case, because we con- sider the grant which his Excellency refers to, as merely void for want of authority in the government of New Hampshire, to issue patents for lands (as has been done in many instances) on the west side of Connecticut river." In this manner ended the foolish attempt of Governor Went- worth to gratify his feelings of dislike towards the inhabitants of the " Grants," who acknowledged the jurisdiction of New 158 HISTORY OF EASTERN VERMONT. [1770. York, by persecuting a few harmless individuals, wlio, if tliey had committed any wrong by trespass, had been diiven to it by the neglect of the Surveyor-General's deputies. It does not appear that the prosecution against the Deans was continued after the Council of 'New York had expressed their opinion so plainly on the subject, and it is more than probable that the suit was abandoned, when it was found that the real motives of Governor "Wentworth, in pursuing the course he had adopted, were more deserving of reprobation than of praise.* * Doc. Hist. K Y., iv. 621-633, 645-660. MS. Deposition of Ephraim Ranney 'and Silence, his wife, March 23d, 17Y0 ; also of Rachel Dean, wife of William Dean Jr. MS. Council Minutes, in office Sec. State N.T., 1110, pp. 179, 181, 193, 196-19Y. CHAPTER YII. PROGKESS OF OEGANIZATIOlSr. Gloucester County established — Sessions of the Court at Kingsland — Col. Nathan Stone of Windsor — His Conference with CoL Samuel "Wells — Troubles at Windsor — Assault on the Sheriff of Cumberland County — Attempt to Overawe the Courts — Dislike towards John Grout, an Attorney — Determination to " Throw him over the Bar" — Grout taken by the Mob — Carried to Charlestown — Thence to Windsor — He refuses to accept the Terms of the Rioters — Escapes from Confinement — The Inhabitants of the " Grants" petition the King — Large Ti-acts of Land in Hinsdale and Guilford granted by Gov. Tryon to Col. Howard — Disturbance at Putney — Attempts at Jail Building by Thomas Chandler — Description of the Jails — The People of Cumberland County petition for a Removal of the Shire Town from Chester — Chandler's Objections to a Change — Subject brought before the Legislature of New York — Act passed for erecting County Buildings — Westminster chosen as the County Town — The " Old Court House." The territory north of Cumberland county had for several years been the resort of a " lawless banditti of felons and criminals," who found in that distant region a safe retreat from creditors and officers of the law. There were also living there, a number of poor but reputable people, who, actuated by the desire of extending their possessions and enticed by the cheapness of the land, had settled almost beyond the bounds of civilization, and were striving to subdue the wilderness, and adorn the steeps of the Green mountains and the shores of the Connecticut with the luxuriance of waving harvest-fields. After the formation of Cumberland county, it was generally understood that the re- maining portions of the " Grants" were to be deemed a part of Albany county. The authority of. the latter county in the dis- tinct referred to, was, however, merely nominal, and but little respect was paid to officers who issued their precepts at a dis- tance of two hundred miles from the place where they were to take efi'ect, and then left it to chance or a wandering peddler to effect a service. Weary of living without laws, the intel- 160 HISTORY OF EASTERN VERMONT. [1770. ligent and well disposed inhabitants of the new country, sent a petition to the city of New York asking for the establishment of a county. The subject was taken up in Council, on the 28th of February, 1770, Lieutenant-Governor Golden being present, and its discussion resulted in the passage of an order, directing his Majesty's Attorney-General to prepare the draft of an ordi- nance establishing as a separate county by the name of Glou- cester, the territory lying north of the north line of Cumberland county, and extending from the Green mountains to Connecticut river. The ordinance was passed on the 16th of March, and from that period dates the formation of the county of Glou- cester. At the same time, Kingsland was selected as the county town.* On the 29th of May following, the first term of the courts of Common Pleas and of General Sessions was held at Kingsland, which was then little more than a wdlderness. A full bench of judges was present, also three of the four justices of the quorum and the sheriff, but it does not appear that any business was transacted. Tlie court met again at the same place on the 28th of August, and after appointing four constables, Simeon Stevens for Newbury, Jesse McFarland for Moreto^vn, Abner Howard for Thetford, and Samuel Pennock for Strafford, adjourned for three months. On assembling at the appointed time, the 27th of November, the " eight causes" on the docket were " put over ;" the constabulary force of Thetford was increased by the addition of Ebenezer Green; Samuel Pennock, Ebenezer Martin, Ebenezer Green, and James Allen, were made county surveyor, and the session was brought to a close. In the following year, on the 25th of February, Judge John Taplin, Sheriff John Taplin Jr., and John Peters, who served in the doul)le capacity of clerk and justice of the quorum or assistant justice, set out from Moretown for Kingsland for the purpose of dispensing justice as usual. Owing to the depth of the snow they were obliged to travel on rackets, and the difficulty of this mode of progression was increased by the want of a road. On the second day of their journey, having travelled a considerable distance, and being unable to decide as to their situation, except that they were " far in the woods," they made a halt and " the court was ordered to be opened on the spot." The records of the doings on this occasion and at the next session are in these * The boiindaries of Gloucester county are given, ante, pp. 5, 6. 1770.] THE WINDSOR PEOPLE. 161 words : " The court, if one, adjourned over until the last Tues- day in May next, at which time it was opened, and after dis- posing of one case of bastardy, adjourned to August next." The inconveniences of holding the courts in a locality as unset- tled and unknown as Kingsland being evident, an ordinance was passed by the Council of Kew York on the 9th of April, 1772, directing the courts of Common Pleas and General Sessions of the peace for Gloucester county, to be held in the township of Newbury on the last Tuesday in the months of February and August, " during the space of seven years." From this time the throne of sovereign law was, doubtless, established in greater dignity, and the sceptre of justice regarded with more profound respect.* Tlie inhabitants of Windsor, most of whom adliered to tlie jurisdiction of New Hampshire, were willing that those who favored the government of New York should be severely punished for misdemeanors, as has been plainly seen in the case of the Deans, before recited. They also denied the authority of the courts established by New York, and were ever ready to resist the execution of precepts issuing therefrom. During the month of May in the year 1770, as Samuel Wells of Brattle- borough, one of the judges of the Inferior court of Common Pleas for Cumberland county, was returning home from a jour- ney, he called on Col. Nathan Stone of Windsor, a justice of the peace under a New York commission, but at heart and in action a cooperator with those who maintained the supremacy of New Hampshire titles. As Wells was leaving. Stone mounted his horse and accompanied his guest almost to the limits of the to^vn. Their discourse happening to turn on the opposition which had been made by the people of Windsor to the sheriff, who not long before had endeavored to serve some precepts there. Stone declared that no writs nor precepts from either of the courts of the county should be served in Windsor ; that the formation of the county was a sham ; that the patent authorizing * Book of Commissions, in office Sec. State N". Y., ITSl-lY'TO, v. 440 ; lY'ZO- 1789, D. vL 27. Demiiig's Vt. Officers, p. 119. Doc Hist. N. Y., iv. 634, 635. Tlie township of Washington, situated in the north-western part of Orange comity, comprises the territory, formerly included within the bounds of Kings- land. Kingsland was probably chartered early in 1770. Soon after that event, a town plot was laid out into village lots near the centre of the town, and a log jail was erected. The latter circumstance gave the name of Jail Branch to two Btreams which take their rise in Washington. One of these empties into the Winooski, the other into Wait's river. — Thompson's Vt., Part IIL p. 182. 162 HISTORY OF EASTERN VERMONT. [1770. its erection -svas a libel, since it contained expressions in regard to the inhabitants of the " Grants " which were untrne ; that justice could not be obtained in the county because of the cor- ruption of the judges and of the other officers ; that the courts were ruled entirely by John Grout, an attorney, residing at Chester, and that he, Stone, was determined to oppose the authority of the courts and the judges so long as he had " a drop of blood in his veins." He further informed "Wells that friend- ship had induced him to bear him company until he had passed most of the settlements in the town, and intimated that should Wells ride alone through the town, he would be in danger of being assaulted by the people. Wells endeavored to convince Stone of the danger of resist- ing the administration of justice, and exhorted him to alter his determination, telling him, that if the people would for the future make no opposition to the free execution of the laws, it would be the most likely method to induce the civil authority to pass over, "in the tenderest manner," the opposition which had already been made. He also remarked, that if Grout or any of the justices or officers had committed any wrong, the law provided a sufficient remedy, and was the only medium by which offenders could be properly punished. To a final obser- vation on the part of Wells, expressive of a fear lest Stone's determination to withstand the authority of the courts had been hastily made, Stone replied, that he had resolved, at least five or six months before, to resist the execution of writs ; " that while he had life, he would oppose the sheriff, and that the peo- ple of Windsor and some other places would join and stand by him to the last drop of their blood." A few dajs after this interview and before the end of the month of May, Daniel Whipple, the high sheriff of the county, in order to retake Joseph Wait, Benjamin Wait, JSTathan Stone and Samuel Stone of Windsor, who, having been arrested by him a short time previous, on a precept from the Inferior court of Common Pleas, had been rescued by a number of armed men, collected a posse of a dozen or fifteen persons, among whom w^as John Grout, and with them repaired to the house of Joseph Wait, in order to arrest him. Being informed that he was at the house of Benjamin AVait, the sheriff proceeded thither. He had gone but a short distance, when he perceived a body of armed men approaching. Conspicuous in the crowd were those against whom the precept was issued. Accompany- ITTO.] RIOTOUS PROCEEDINGS. 163 ing tliem were David Stone, Steel Smith, Elislia Hawley, Peter Levins, Benjamin Thurston, Samuel Gridley, David Getchel, Jacob Getchel, ELenezer Hoisington, senior and junior, Simeon Mills, Enoch Judd, Ebenezer Curtis, Solomon Emmons, John Benjamin, Andrew Korton, Jonathan Noble, John White, Samuel "Whiston, Elnathan Strong, Joseph Thompson, Joseph King, and Aaron Bartlett, some of whom were office-holders in the county, and nearly all inhabitants of Windsor. The party appeared to be under the general direction of Nathan Stone, who was armed with a sword. Tlie sheriff on approaching within hearing distance, made proclamation in form of law for them to disperse, but without effect. The rioters, led on by Joseph Wait, who for a time assumed command, then made an assault upon the sheriff' and his posse, whom they soon over- powered. Wait, being armed with a club and pistol, struck at Grout twice with the former weapon, but he avoiding the blow, Wait levelled his pistol at him, whereupon he surrendered. The sheriff and his posse having been conducted to the house of Joseph Wait, were informed, that one, at least, of their num- ber would be detained as a prisoner until the sheriff, Grout, and some others, should enter into bonds in the sum of five hundred pounds, to be forfeited if the action on which the sheriff was attempting to take them was further prosecuted, or if any of the inhabitants of Windsor should be prosecuted at the next general sessions for any crimes, whatever might be their nature. They also demanded of the sheriff, that he should engage to make return upon the process against Joseph Wait, Benjamin Wait, Nathan Stone, and Samuel Stone, that those persons could not be found in his bailiwick. To these terms the sheriff refused to assent. To attempt to force him to a compliance was, to say the least, unpleasant. For this reason, and through fear lest a continuance of violent measures might bring upon them deserved retribution, the rioters released him and his posse, without conditions, after having detained them as jDrisoners about seven hours. On the 3d of June, which was the Sunday before the sitting of the courts of the county, Bildad Andros, of Westminster, called at the house of Judge Wells, in Brattleborough, and showed him a copy of a letter written by Israel Curtis, one of his Majesty's justices of the peace by commission from New York, and directed to a certain Mr. Webb, of Westminster. From this document Wells inferred, that Curtis, Stone, and a 164: HISTOET OF EASTERN TERMONT. [17T0. number of others, from Windsor, intended to assemble at Chester for the purpose of disturbing the court and exciting a tumult. In consequence of this information, Wells, in company with Joseph Lord, his associate on the bench, set out as soon as possible for Chester, where they arrived on the evening of the 4th of Jime, and immediately presented the co-pj of Curtis's letter to Thomas Chandler, the first judge of the court, and to some justices of the peace who happened to be present. After consultation, the magistrates decided, in view of the ambiguous terms in which the missive was couched, that they would make no preparations to resist an attack, but would pro- ceed with business unless prevented by force. On the morning of the 5th, which was the day appointed for the opening of the court. Col. Stone, accompanied by those who a few days before had overpowered the sheriff and his posse, appeared " in a riotous and tumultuous manner," at the place where the court was to sit. Stone was armed with a sword, Joseph Wait " with a dagger or hanger," and the rest of the party, thirty or more in number, with walnut clubs. Judge Chandler, fearing from their martial appearance that mischief was in- tended, mildly demanded of Stone the reason of his being armed, and desired him not to carry his sword into court. Stone replied to this remonstrance, but in a voice so low, that his words were not distinguishable. Tlie judges soon after took their seats, and the court was regularly opened. Upon this the rioters entered the building without removing their hats, and commenced hostile demonstrations. Stone, with his sword drawn, accompanied by Wait, who was also armed, approached the table before the judges' seat, the rest of the party standing a little back from, but facing the bench, and demanded of the judges a declaration of the right by which they presumed tc> sit there as a court, adding that this demand was made in behalf of the public. These remarks were at the same time seconded by Wait and Curtis. Some of the judges answered, " that the letters patent, or ordinance erecting the county and the commission of the pleas," which documents " were always read at the opening of the com-t," showed their authority, and that those who were seeking satisfaction should have attended when these were published. Tlie immediate effect of this announcement was to elicit from Stone, Wait, and Curtis, in " many arguments," a denial of the authority of the govern- ment of New York to establish the county of Cumberland. 1770.] THE COURT THKEATENKD. I'^S To these remarks the court did not offer a reply, but gave the rioters to -understand that their presence should not hinder the business for which the court had assembled. "Wait, who with some others stood indicted for a riot, then demanded an immediate trial, which the court did not deem it prudent at that time to grant. For this course there was a suffi- cient reason. Under the circumstances, any jury which might have been empanelled would have been more or less influenced in their verdict by the hostile presence of those whom they would have been required to try. On the other hand, some immediate act of violence it was feared would be the result, should the offenders be required to enter into a recognizance to appear at the next term. [Notice was accordingly given to the parties indicted, that their attendance for the present was no longer required. Stone, Wait, and Curtis, then moved the com-t that John Grout should be forbidden to practise as an attorney, on the ground that he was " a bad man." They were told, in answer, that the court entertained a contrary oj^inion of Grout's charac- ter ; that if they had anything to accuse him of, they might apply to the grand jury, and, in such case, the clerk of the court would assist in drawing any necessary bill or paper ; or they might, if they chose, apply to a higher court ; that Grout, if accused, had a right to be tried, but that the court had no lawful authority to comply with their request and prejudge him, on the suggestion that he was a bad man, unsupported by evidence, not even if the suggestion was sustained by a state- ment of the particulars of his bad conduct. Stone and Wait then said, that they did not accuse Grout in view of a trial, neither were they obliged to do so, but that the court might be certain that nothing would satisfy them and the people but the immediate expulsion of Grout, in such a manner that he would never again have the privilege of practising as an attorney in that county. Directing his attention more particularly to Judge Chandler, Stone added, " if it is not done, we shall do something which I shall be sony to be obliged to do, which wiE make your Honour repent not complying with our request." The court having signified its determination to abide by the opinion previously expressed, the rioters began to close around the judges' bench, showing signs of a determination to carry their point by force. The court finding it impossible to pro- ceed with business amid the tumult which was gradually 166 HISTORY OF EASTERN VERMONT. [1770. becoming more fearful, and unwilling that any act of violence should be perpetratecl while it was sitting as a commissioned judicatory, adjourned to the next day. On the day of, and soon after adjournment, Benjamin Thurs- ton and David Getchel proceeded to the house of John Chan- deler, the clerk of the court, who dwelt in Chester, and in the presence of some of the judges, made prisoner of John Grout, who had fled there for safety. On the appearance of the rest of the rioters, the whole party, under the command of* Joseph "Wait, moved oif with their prisoner towards Charlestown, New Hampshire, which was twelve miles distant. The journey was performed on foot, and was an easy task to the hardy back- woodsmen of "Windsor and the adjacent towns, but, to the phy- sical capacities of Grout, the quick pace at which his captors advanced was in no respect suited. To this discomfort was added the indignity which he was compelled to bear, of being pulled or shaken at each one's pleasure. At the end of the first two miles, meeting with Capt. Utley, a resident of a neigh- boring towm, Grout stepped aside to speak with him, but was immediately forced back by the rioters, who informed him he could speak to no man in private. On reaching Sartwell's tavern in Charlestown, where the party remained that night. Grout was treated with much attention by the innholder, and by the rioters " with as inuch himiility and civility," to use his own expressions, " as could be expected under such extraordi- nary circumstances," Conversation chancing to turn on the events of the day, " we have now broken up the court," remarked the rioters, " if we thought we had not effected it, w^e would go back and bring away one of the judges." Tliey then asked Grout whether he thought the court would continue its session in spite of the opposition which had been made ; to which question he replied, in order to prevent further violence, that he " was sure" it would not. On the 6th, the party under the command of Col. Stone, proceeded to "Windsor, making most of the journey by water. Before leaving Charlestown, Grout w\as assured " that he should suffer no bodily hurt," nor " be in the least insulted," but, on the contrary, should be treated with respect. " We don't mean to injure or hurt you," said Stone ; " you must go to "Windsor and be imprisoned at my house, and there you shall experience the kindness and generosity of our people." The prisoner replied, by expressing a hope that his physical weakness might 1Y70.] MALTKEATMENT OF GKOUT. 167 excite compassion. Arriving at "Windsor, Grout was first taken to the house of Joseph Wait. Here he was privately addressed by Steel Smith, one of the rioters, who informed him he should have his liberty immediately, provided he would assent to the proposals which should be made him. " You must send for your family," said Smith ; " you shall have a farm given you here, a genteel house built, and other presents." As he was proceeding in this strain. Grout reminded him of his illness, and begged him to reserve his remarks for another occasion. David Getchel, another of the rioters, commenced a similar conversation, but was persuaded to desist. As it was growing late, the rioters informed Grout, that he might retire if he was so minded. Having availed himself of this permission, Grout departed in the company of Stone, amid the good wishes and " low bowing compliments" of his captors. Having gained the road. Stone endeavored, after the manner of Smith and Getchel, to point out to Grout the course which he should pursue. Grout again endeavored to change the sub- ject, but this time without success. Continuing his remarks, Stone informed his prisoner that it would be for his highest advantage to listen to his words ; that the people of Windsor would assemble on the morrow, and would then expect to hear some definite information as to his. Grout's, future movements. " You must," said he, " agree not to practise the law in this county. We mean that your agreeing to this shall be no dis- advantage to you. We will make good all your damages, if you will come and hve in this town, and become one of us. You will be treated with the greatest respect, and shall have a genteel settlement." Grout was at the same time assured that no one olijected to his practising his profession in New Hamp- shire. Stone having finished his observations, Grout declared himself too weak to reply that evening. On the morning of the 7th, Stone renewed the conversation, and acquainted Grout that he must meet the citizens of Wind- sor within a few hours, and inform them as to the course he should pursue in view of the offers which had been made him. " Yiolence has taken me out of my business," answered Grout. " My wife is of a slender constitution. Less trouble than this I have heretofore thought would have been too hard for her. The circumstances of my transportation will make her think I am murdered. My anxiety on her account, and for my family, deprives me of the power of speaking, and almost of thinking. 168 HISTORY OF EASTERN VEKMONT. [17Y0. Wliy am I asked, 'What will you agree to V or told I am ' free to act mj sentiments.' I am in your power, and you mean to impose terms, and mean that I shall agree to them, whether willing or not. Under my present circumstances, I can agree to nothing. Willingly I take my liberty, if it be offered me. I wiU say nothing to your people. Call them only to ask them what terms they have to impose, and what punishment they will inflict on me, if I disobey them, my masters." Such was Grout's reply to the inquiries of the people of Windsor. By reason of this answer, he was still retained iu custody, not being permitted to write to his wife or any of his friends until the letter had been first approved of by his keepers. Tlie severest threats were uttered against him, should he attempt to escape, and he was assured that, in case he should succeed, he would be retaken if he were "anywhere between heaven and hell." At the same time all his wants were attended to with the utmost care, and the respect which was shown him, so long as he remained passive, ai)peared to him more like the result of flattery than of true regard. In spite of the precau- tions and menaces of the rioters, Grout effected his escape on Smiday, June 10th, having been for six days a prisoner. On the 9th of August following, he petitioned the Hon. Daniel Horsmanden, Chief Justice of the Province of New Tork, to take measures to punish those who had acted as leaders in the outrages committed upon him. Process was accordingly issued against David Stone, Samuel Stone, Elisha Ilawle}', Enoch Judd, Ebenezer Curtis, John Benjamin, Andrew Norton, Elna- than Strong, Joseph Thompson, David Getch el, and Steel Smith, in two suits at law. Grout having been on two different occa- sions subjected to the riotous treatment of these men, and damages were laid at £200 in each action.* Tliese causes do not appear to have advanced beyond the ori- ginal process, and it is more than probable that Grout was imwilling to continue them, when he had ascertained that it was almost impossible to secure the execution of a punishment or the levying of a fine in any of the north-eastern counties of the province when the conduct which had rendered such satis- faction necessary in the eye of the law, was sustained and com- mended by persons of weight and influence. * MS. deposition of John Grout, dated June, 1770. Doc. Hist N. Y., iv. 636-645. 1770.] PROTEST AGAINST DISORDER. 169 These proceedings did not, however, command the approha- tion of the j)eople. On the 1st of November following, a petition signed bj about fom* hundred and forty of the inhabitants of Cumberland and Gloucester counties was presented to the King. Having in the preamble alluded to the right by which the terri- tory west of Connecticut river was a part of the province of ]^ew York, recited the order in Council of July 20th, 1764, and referred to the ordinances by which the counties had been established, the petitioners reprobated the events which had recently occurred, and the feelings to which they had given birth. " In the month of June last," thus ran the statement, " a num- ber of disorderly persons seated in the township of Windsor, in the county of Cumberland, assembled in a riotous manner, and by threats obstructed the proceedings of the com't of Common Pleas, pretending that the magistrates and civil officers were unauthorized ; that no obedience was due to them ; that the jurisdiction belonged to the government of New Hampshire ; that your Majesty's royal order, aforesaid, would soon be re- scinded, and the lands thereby declared as part of your Majesty's colony of New York be decreed to appertain for the future to the province of New Hampshire." They further stated, that the rioters had eluded justice " by flight into New Hampshire," where they had united with some of the inhabitants of that pro- vince, and had already promoted " a spirit of disorder and disobe- dience" towards the jurisdiction of New York over the "Grants," by " procuring the subscriptions of many persons in both pro- vinces to a petition," the avowed purpose of which was to place the "Grants" within the limits of New Hampshire. This latter measure, they announced, was designed to free the "lawless transgressors" who had proposed it, from merited punishment ; to promote the interests of those who had trafficked in New Hamp- shire titles, and to aggrandize the family of the late Governor, Benning "Wentworth, "for whose benefit, reservations of land had been made in all the grants which he had seen fit to pass. In view of these considerations, the petitioners prayed his Majesty to resist any attempt which might be made to change the j uris- diction, and to grant them such relief as in his " great wisdom" should seem meet.* In opposition to these sentiments, another petition, probably that referred to in the document above noticed, was circu- * Doc. Hist N. Y., iv. 663-665. ITO HISTORY OF EASTERN VERMONT. [1770. lated on the " Grants " and in Kew Hampshire, and was largely signed. Its subscribers, with their "helpless wives and chil- dren," dependent upon his Majesty's " lenient and paternal interposition," for relief " from immediate poverty, distress, and ruin," prayed for succor and protection. The account which tliey gave of their condition was indeed lamentable, but was scarcely reliable. They stated that their situation as subjects of New York had been, was, and ever must be, " highly detri- mental and disagreeable to them both in their property and good government ;" that since the order of July 20th, 1764, their possessions had been " unexceptionably granted to other people under the great seal of New York;" that writs of eject- ment had been brought against them, " their property wrested from them, their persons imj^risoned, and their whole substance wasted in fruitless lawsuits, merely to the enrichment of a few men " in the province of New York, who were assiduous in using their " great influence " to rob them of their " hard, honestly earned " acquisitions. Such were the terms in which the adherents of the jurisdiction of New Hampshire sought relief from the King.* The petition signed by the citizens of Cumberland and Glou- cester counties, was followed, on the 3d of December, by another, from the " inhabitants of certain lands on the west side of Connecticut river, in the province of New York," praying for the coniirmation by New York of certain New Hampshire grants. The Council of New York were not indifferent to the measure proposed in this last document, and means were readily taken to ensure a compliance with the requests which it con- tained. At the expiration of a little more than a year and a half, from the time when this petition was presented, confirma- tion patents for fifteen towns, situated west of the Connecticut and east of the Green Mountains, had been granted by New York, and instructions advising the confirmation of the charters of thirty-three other towns had been presented to his Majesty for approval. In almost every instance in which confirmation charters were issued, special favor was shown to those who had been occupants under New Hampshire titles. To this general rule the proceedings which were had in the case of Hinsdale and Guilford formed an exception. As has been before stated, the township of Hinsdale was at a very early * Doc. Hist. N. Y., iv. 672-675. lYYO.] HINSDALE AND GUILFORD. ITI period granted by charter from Massachusetts, The tradition is, that the first white proprietors purchased the Indian right, thus rendering their title doubly strong. When, in the year 1739, the township was adjudged to be within the limits of !N^ew Hampshire, the old proprietors obtained from that province a ratification of their chartered rights. By the order in Council of July 20th, 1764, Hinsdale, with all the other townships west of the Connecticut, fell within the jurisdiction of ITew York. Owing either to " an unwillingness to pay the quit rent," or to a neglect of their own interests in some other particular, the proprietors of Hinsdale failed to apply for a confirmation char- ter. Meantime a certain Col. Howard, having asked for a grant of land, obtained a royal order for ten thousand acres, with per- mission to locate the tract in certain situations. Agreeable to the privilege given him in the mandamus, he made choice of about one half of the township of Hinsdale, and being an inti- mate friend of Governor Try on, his selection was approved of and confirmed. As soon as this act became known, " it was rej)robated by the whole country." So great was the clamor which ensued, that, in order to restore the township to its former proprietors, Governor Tryon oftered Howard £600 " out of his own pocket," for a release of his claim. With this pro- posal, Howard " ungenerously refused " to comply. Notwith- standing the injustice with which they had been treated, the people of Hinsdale, instead of blaming the inhabitants of New York, regarded them as friends, and still remained firmly attached to that province.* Not unlike this was the case of Guilford. Tlie first proprie- tors had, on the 2d of April, 1754, obtained a grant of that township from the government of New Hampshire. In the year 1765, soon after the settlement of the boundary line between New Hampshire and New York, application w^as made to Lieut.-Governor Colden for a regrant of the township. Tliis he promised to give as soon as the petitions for lands in the new territory should come under consideration. Another petition on the same topic was presented to Governor Moore, in the year 1766, but, like the former, was " either neglected or mislaid." A tliird representation made in the year 1767, experienced a similar fate. Tlie subject was now allowed to rest, the proprietors hoping that they should, in the end, receive * Doc. Hist. K Y., iv. 668-671, 785, 786, 812, 832, 839, Allen's Narrative of tlie Controversy, 1774. MS. Duane's Plea, in Lib. N. Y. Hist. See. 172 HISTORY OF EASTERN VERMONT. [1771,1772. what was due them. Meantime a patent comprehending twelve thousand acres of the township, was issued to Coh Howard. By this grant a number of the inliabitants were deprived of all their property. Eedress was now earnestly sought in a memo- rial to the Governor of New York, dated May 11th, 1772. A charter for the land in Guilford without the bounds of Howard's tract, and a grant in some other locality as a comj)ensation for the loss occasioned by the mal-appropriation of that tract, were the means which were proposed to restore confidence and create satisfaction. As it was with Hinsdale, so was it with Guilford. The inhabitants of both towns were unable to obtain reparation for their losses, until by the w^ar of the revolution the possessions of royalists became the property of rebels.* Owing to the enmity which separated the supporters of the jurisdiction of ISTew York from the favorers of the juris- diction of New Hampshire, events often occurred which not only served to show the extent to which this feeling was car- ried, but actually endangered the existence of society. Espe- cially in the execution of law did New York magistrates meet with a firm opposition from New Hampshire adherents, and not imfrequently from the inhabitants of the latter province. At the June term of the Inferior court of Common Pleas, in the year 1771, one Jonas Moore of Putney, recovered judgment against Leonard Spaulding of the same place, to the amount of forty pounds, including costs. A fieri facias having issued to satisfy the judgment, the sherifi" by his deputy seized some of Spaulding's effects, and i)laced them in the charge of Moore, who was instructed to keep them at his house until the day appointed by the sheriff for their sale. Meantime, on the 27th of January, 1772, a party of persons, numbering seventy or eighty, crossed over the Connecticut from New Hampshire, and going in the evening to the house where the goods were deposited, broke open the door, seized upon and carried them away, and at the same time insulted Moore's family " in various ways." They also threatened to go to Chester, pull down the jail, and dehver some of the prisoners there confined. On reflection, however, they concluded to defer the execution of these lawless designs. Efforts were immediately made by the officers of the court in Cumberland county, to find out the ringleaders in this disturbance. On account of the state of » Doc. Hist K Y., iv. '782-785. 177'2.] DISTUKBANCE AT PUTNET. 173 public feeling, Judge Lord did not deem it practicable to carry on his inquiries before a jury, and consequently endeavored to obtain information by means of depositions. Ere the examin- ation bad closed, and before warrants had been issued, five of the principal rioters confessed their guilt, and delivered themselves up as prisoners to the sheriff. With the assistance of Thomas Chandler Jr., and William Willard, two of his Majesty's justices of the peace. Judge Lord now began a jury inquiry. On the part of the rioters, the signs of repentance became more evident as the examination proceeded, and, before it was concluded, they had satisfied the judgment on which the fieri facias issued, and had made ample satisfaction to all persons who had been injured by them. Under these circumstances, further enforce- ment of the law was judged unnecessary. Although the per- sons engaged in this riot were mainly from New Hampshire, yet no "gentlemen, magistrates, or officers were encouragers, abettors, or assistants," in carrying out its illegal proceedings. As an evidence of their good will, Messrs. Bellows and Olcott, two of his Majesty's justices in the county of Cheshire, in New Hampshire, assisted Judge Lord in enforcing the laws, and having issued their warrants, apprehended about thirty of the rioters who resided within their jurisdiction, and bound them over to appear at the next session of the court, " to answer for their unlawful assembling and other misdemeanore."* Acts like this, showed the necessity of enforcing as well as enacting laws. But, in order to enforce laws, it was all import- ant that proper means of punishment should be provided. As a "terror to evil doers," a strong and commodious jail was indispensable. Of such an edifice the county could not, as yet, boast. When in 1768, a new charter was granted to Cumber- land county, permission had been given to the inhabitants to erect at their own charge a court-house and jail. Chester was named as the location for these buildings, and being nearest to the centre of the county, was also declared to be " most con- venient for that purpose." Although there were objections to this place as the county town, both on account of its distance from Connecticut river, and its backwardness as compared with other settlements, yet these objections were for the time efiec- tually silenced by the assurances of Thomas Chandler, the first judge, that he would " at his own expense build a good and * Doc. Hist. N. Y., iv. "757-761, 765, 766, 770, 771. 174 mSTOKT OF EASTERN ^^:KMONT. [1770. sufficient coiirt-lioiise or jail," at Chester. How well tliese promises were observed, will appear by the annexed extract from an old chancery document. The time to which the de- scription applies, is the latter part of the year 1770. That which "then was called a jail," so runs the musty law paper, " was a place made in the comer of a dwelling-house or hut, the walls of which house were made of small hackmatack poles, locked together at the corners by cutting notches into the poles, and laying them notch into notch, so as to bring the poles as near together as conveniently might be. The cracks or vacan- cies between pole and pole were filled with tow, moss, or clay. Tlie chamber floor [was] laid with single boards, [which were] not nailed, but lay loose. Such was the house, a corner of which then had the name of a jail, which jail corner may be justly described as followeth, viz., small palisades or poles of the diameter of about six inches each, [were] set up, one end of them on the lower floor, and the other end reaching one of the joists on which rested the upper floor. These poles resting against the joist, hindered them from falling inwards to the jail part, and another pole at some inches distant, [was] pegged up with wood pegs, which pole was fixed about parallel with the joist, and prevented the palisades from falling outward from the jail apartment; and, as many of the palisades were not fastened at the top or bottom, nor the chamber floor nailed, it was always in the power of any man who might be put into the jail apartment to push away the loose upper floor boards, and move away the palisades, and be at liberty. " Such was what was then called a jail, in which no man had ever been attempted to be confined." In the summer of the same year, the inhabitants of Chester commenced the erection of another jail. The lower and cham- ber floors, also the sides and ends, were built with hemlock logs, twenty inches in diameter, and at the corners the timbers were locked together in the manner of log houses. In order to complete the roof, a supply of nails was necessary. As these were not to be obtained, on account of the enforcement of the non-importation agreement, the new jail was left in an unfinished state. It was, however, the intention of Judge Chan- dler to render it as strong " as any jail in any county in the pro- vince." Meantime the old jail, which had been built by Chandler, and which, according to his account, had been accepted by the court and the sherift'as a " sufficient " building, 17Y0.] A "sufficient" jail. 175 and had " lield prisoners for more than four months at a time, who never left jail, till delivered by due course of law," was refitted.* On the sides, " where it was most slender," it was strengthened, and at right angles with the logs which formed the main body of the house, other logs were placed and pinned, thus rendering the building doubly secure. These extra repairs being completed, escape from this toU-booth was deemed by Chandler scarcely possible. In addition to the jail. Chandler, at his own expense, built a court-house in Chester, during the year 1771. According to * In a petition presented to Governor Tryon by a number of tbe inhabitants of Cumberland county, dated February 15th, 1772, it is stated that " sundry con- siderable sums " had already been subscribed " towards building a Court House and Jail " in Chester. The nature of the aid proffered may be deduced from a perusal of the annexed obligation, which is a copy from the original MS. "June 16th, 1770. " To Encourage the Finishing the Goal now began in Chester, we the subscribers will pay to such person or persons, as Thomas Chandler, Thos. Chandler Jr., Esqrs., and ilr. John Grout shall Employ to Labour or Provide Materials; the sums against our Names written. Witness our hands. Joseph Woods, one bushel of Com. Willard Dean Two bushels of "Wheat Delivered at Rockingham at the last Day of August." In a letter to Governor Dunmore, under date of April 10th, 1771, Judge Chan- dler was at special pains to refute several calumnious stories which had been told concerning him in a petition lately circulated. The account of the assistance he had received in building the jail, received its share of denial. " As to the Sub- scription mentioned in the Petition," said he, " I can say there has not been more than Twenty pounds subscribed by any of the Petitioners, be they who they will, if half so much, and not one of them has paid so much as one farthing." The declaration in the text, that the jail " had been accepted by the court and the sheriff," was averred in the letters of Judge Chandler, but was contradicted in the petition of February 15th, 1772, before referred to. Among the signers of this petition appeared the name of Samuel "Wells, who on the bench was associated with Chandler. Speaking of the court-house and jail, the petitioners said, no build- ings " have been erected which deserve that name, or which are any way sufficient for holding the Courts, or for the reception or safe Custody of Prisoners, for which reasons the magistrates are not in a capacity of maintaining peace and good Order." The strength of this noted little jail probably depended more upon the will of its occupants than the excellence of its construction. When Daniel Whipple was sheriff, in the year 1770, an order was issued for the imprisonment of one Atherton Chaffee. Being in conversation with John Grout, Chaffee told him " that he knew it was out of Whipple's power to confine him against his will, but that "Whipple had always used him with great tenderness, and that he should not be hurt ; for, says Chaffee, I will tarry in the jail be it never so slender — rather than "Whipple should be hurt." It was probably of men like Chaffee that Chan- dler spoke, when he said that the jail had " held Prisoners for more than four months at a time." 176 HISTORT OF EASTERN VERMONT. [1771. his own description, this structure was " thirty feet long, sixteen feet wide, and eleven feet post," and was so planned as to be " convenient " when finished. It was provided with a " suffi- cient lobby or room fit for a jury, with a fire place in it," and was covered with some kind of roofing. This building he leased to the county for the term of ten years, and as much longer as they might choose to use it. In it were to be held the terms of the Inferior court of Common Pleas, and of the court of General Sessions. There also was to be transacted all such other business as related to the general welfare of the county. But if the people had been displeased with Chandler's efiforts at jail building, they were incensed at his failure in court-house construction. Before the commencement of this last failure they had endeavored to effect the removal of the shire town from Chester, and had even then brought the subject to the attention of the highest authority in the province. In their petition, pre- sented to Governor Dunmore on the 11th of March, 1771, they commenced by setting forth the " peculiar grievance " under which they labored in being um-epresented in the General Assembly of the province. Turning then to the subject which at that time more particularly engaged their notice, they declared that previous to the establishment of the shire town of tlie county at Chester, Tliomas Chandler had promised to erect a court-house and jail in that town at his own expense ; that, on account of this promise, some had been induced " to give no opposition " to the selection of that place ; that, notwithstanding this promise, and the subscription of " considerable sums of money " by themselves and others, to defray a portion of the charge of erecting the county buildings, none had been erected ; that there was not " any real probability that any would be built ;" that it was "extremely inconvenient" for the people to be obliged to attend the com-ts at Chester, since more than tlu-ee fourths of them resided in the river towns ; that the roads lead- ing thither were bad, the inhabitants of the town few in number, and the accommodations poor. For these reasons they were of opinion that it would be more advantageous to the county, if the courts were removed from Chester to two of the river towns, " at least for a dozen or fourteen years," by which time the back towns would be better settled. They also proposed that four sessions of the courts should be held annually, as in Albany county. Tliis petition having been read before the Governor and Council, the petitioners were ordered to serve a copy of it 1771.] chandlek's keply. 177 on Tliomas Chandler, and the first Tuesday of the following May was fixed upon as the time when the parties on both sides would be heard.* In compliance with this order, a copy of the petition was left with Chandler on the 7th of April. His reply, addressed to Governor Dunmore, was transmitted to New York on the 10th. In this he asserted that the county was established without his " knowledge or appKcation." He acknowledged, however, that when he heard that such an establishment would probably be made, he, in company with his son, Thomas, rode to New York, but he stated further that, on his arrival there, he found that the county had been erected and the civil officers appointed. During his visit nothing was said about a court-house or jail. To the declaration that no county buildings had been erected, he gave a flat denial, and in support of this denial gave a partial description of " a good and sufficient jail" which he had constructed at Chester, and of another which had been com- menced by the inhabitants of the town.f Not " one farthing," he said, had ever been given towards defraying these or kindred ex]3enses by any of the petitioners, and their announcement relative to subscriptions was, he stated, " so notoriously false," that it almost made him blush for their character. To the charges relative to the inconveniences attending the situation, condition, and accommodations of Chester, he answered that although the majority of the inhabitants of the county were residents in the river towns, yet the roads leading into Chester from Brattleborough on the south, and from Hertford and "Windsor on the north, were " vastly better" than those which connected Brattleborough with the last two towns. From this he argued, that in a general view it was easier for the people to go to Chester than to Brattleborough or the more northern towns. He stated further, that it was probable that the inhabit- ants of each town would prefer to have the courts held in the place where they resided ; that as for his part, he should choose to have the shire town located near the centre of the county, " for the good of the publick ;" that there was but little choice between Andover and Chester ; that the selection of Andover would " promote the settlement of the back townships, vastly more" than the selection of one of the river towns; that the * Council Minutes, in office Sec. State N. Y., 1765-1783, xxvi. 214, 215. f See ante, pp. 174, 175. 12 178 HISTORY OF EASTERN VERMONT. [1771. removal of the courts from the more inland portions of the county would, in fact, break up the back settlements, and cause those persons who were now intending to remove to Kent, An- dover, Bromley, Cavendish, and Thomlinson, to settle in other places, whereas, to continue the shire town at Chester, or in that vicinity, would in a year's time add a hundred families to the population of the adjoining towns; that the situation of the river towns was a suflScient motive to lead people to inhabit them, while the principal inducement to settle in the interior towns was their nearness to the centre of the county^ — the situation selected in the charter for the location of the shire town. Continuing in this line of argument, he referred to the action of Governor Moore and his Council, in choosing Chester as the county town because of its central position, when they well knew that it was but lately settled, and that some of the river towns had been, comparatively speaking, long inhabited. He mentioned also the choice by the same dignitaries of Kings- land as the shire town of Gloucester county, when the place did not contain a single family. His own experience as an early settler was the next point touched on.* Turning then to the charge relative to the accommodations of his ado23ted town, he asserted that they were as good as in any town in the county • that the same was true of the provisions there furnished, and as to bedding, in his opinion as many spare beds could be obtained there as at any other place in the shire. He explained the dis- daraging accounts which had been given of household arrange- ments at Chester, by saying that most of those who had attended court there had never seen more than the four or fiv^e families located near the county buildings ; that, although by travelling a mile or so they might have procured lodgings, they had chosen, being used to camp duty, to stay where they obtained their food, and had preferred the ground to a " good bed." In closing, he stated that it would, no doubt, be necessary sooner or later for the judges from Albany to hold a court of Oyer and Terminer and General Jail delivery in the county ; * " When I first moved to Claester," 8aid he, " I was the first man with a Family that had in this part of the Country moved out from the River, and there was no Road from the River to Chester or from Chester to Albany. Neither were there any Inhabitants for Thirty Miles West of Said River, and now there are Nine Families in Rockingham on the Road to Chester, and many on the Right hand and Left ; there are also many Inhabitants on the Road to Albany." 1771, 1772.] COUNTY BUILDINGS. 1Y9 that a route had within a year been traced between Chester and Albany, which had been much travelled, and by proper care would make a good wagon road ; that there was no road either north or south of it leading to Chester for nearly a hundred miles, with the exception of one, which was partly in Massachu- setts, and that in case the courts were removed from Chester, the judges would be first obliged to come to that town, and then set out for the shire town wherever it might be. Of the road over " Hoosuck mountains," he said, " it is difficult and dangerous both for man and horse. A corpulent person can but scarcely get up with the help of his horse's tail to draw him up by, and if the horse should miss his step, as horses have often done, he would fall, roll, or slip many rods before he would recover."* Such were the arguments advanced in the replication of Chandler.f The hearing, which was to have been held in May, does not appear to have taken place, and, for several months, the ques- tion as to the future location of the courts, remained undecided. On the 2d of December, the inhabitants of Rockingham, in view of the attempts of the people of Westminster and other towns to obtain a removal of the shire town to the southern part of the county, and as a result of the belief that the selec- tion of Rockingham would be " more beneficial and less de- trimental " than any other which could be made, offered to pay £70 towards the erection of the county buildings, provided the shire town was removed to that place. Similar offers were made by other towns on similar conditions. On the 15th of January, 1772, the subject was brought before the Legislature of New York. After some time spent by the house in com- mittee of the whole, the speaker resumed the chair, and John Tliomas Jr. of Westchester county reported, that the com- mittee were of opinion that several bills should be brought in relative to Cumberland county. Among those which he pro- posed, was one to enable the freeholders and inhabitants of the county " to erect and build a court-house and gaol, and to elect * "This is a truth," added the letter writer, "that Samuel Wells Esq., will not Deny." Wells was on the bench with Chandler, and was of the number who favored the removal of the shire town from Chester. In the remarks about " a corpulent person," reference seems to have been had to Wells, and it is not improbable that he had been the subject of an accident similar to that the pro- bable results of which are given in the text. f N. Y. Colonial MSS., in office Sec. State, Dunmore, Tryon : 1771, xcvii. 180 HISTORY OF EASTERN VERMONT. [1772. supervisors and other county officers." His report having been delivered in at the table, was again read and agreed to by the house. On the same day, George Clinton and Capt. Seaman were ordered to prepare a bill comporting with the above title. Agreeable to the order, a bill was presented on the 16th, and was passed to a second reading. By the terms of the bill as lirst reported, the county buildings were to be located at Chester. So much had been effected by the replication of Chandler. On its second reading, on the 29th, the bill was referred to a com- mittee of the whole house."'^ Meantime, William Tryon had succeeded to the government of the province, and was unacquainted with the condition of affairs in Cumberland county. On the 25tli of January, Chan- dler addressed to him a petition couched in terms similar to those with which he had approached Dunmore. This docu- ment, as it was dated at Fort George in the city of New York, was probably prepared in a council of Chandler's friends and advisers. After rehearsing facts connected with the rise and progress of the county, he referred to the good effects which had attended the location of the shire town at Chester, and described a court-house which he had lately built there and leased to the county.f He detailed the advantages which the county would receive, if the shire town should be allowed to remain where it then was, and in proof of the disposition of many of the inhabitants, referred to a petition which they had presented to the General Assembly, asking for leave to tax the county for the purpose of finishing the court-house begun at Chester, or for building a new one and a jail, at that place. In conclusion, he promised, in case the tax prayed for was not levied on the people, that he, at his own expense, would make tlie incomplete court-house comfortable, and build " a good jail" at Chester, rather than suffer the courts to be removed " to the damage of the publick." On the occasion of a riot which happened soon after at Putney,:}: when the rioters threat- ened among other " felonious actions," to " go to Chester, pull down y^ jail," and deliver some of the prisoners. Chandler again wrote to Governor Tryon. Having detailed the origin and incidents of the disturbance, he did not lose the opportu- nity of deducing from it an argument in favor of his adopted * N. Y. Colonial :MSS., in office Sec. State, Dnnmore, Tryon: 1771, xevii. Journal Gen. Ass. N. Y., 1767-1775. f See ante, pp. 175, 176. :|: See ante, pp. 172, 173. H72.'\ A PETITION. 181 town. " If the jail had been in any one of the river towns," said he, " as prayed for by some, the jail had by said mad Rioters been pulled down. Your Excellency will therefore see that it will on this account, be best to continue the jail and courts in y® centre of the county, if no other reasons were given but to prevent such sudden mischiefs being perpetrated as may be done in a sudden heat of passion."* Pending the discussion of the subject, a petition from the inhabitants of the county was read before the house, on the 22d of February, setting forth the many inconveniences which they would experience, should the bill in its present form pass into a law, and praying that they might not be obliged to build the court-house and jail in the township of Chester. The peti- tion was referred to the committee to whom the bill had been given in charge. In order to rebut Chandler's representa- tions Samuel Wells, Oliver "Willard, Wihiam Dean, William Williams and Nathan Stone, addressed Governor Try on in behalf of those who were opposed to the present location of the shire town. Their representations were similar to those they had made on former occasions, and in some instances were contradictory of certain assertions which had been made by the opposite party. Tliey accused Chandler of failing in the per- formance of his promise to erect count}^ buildings worthy of the name ;i" described the road to Chester as only partly opened, improperly constructed, but little travelled, and in many j)laces almost impassable, and declared the town destitute of neces- sary accommodations, and its houses " mean, slight and uncom- fortable." They stated that it would "tend much to the ad- vancement of justice," the "benefit and utility " of the county, and " contribute greatly to the ease and satisfaction " of the people, if the courts were held nearer the river ; that the inha- bitants would willingly submit to be taxed, were the change made, and since two terms in a year had proved " iusuificient • for the dispatch of business," and the length of time interven- ing between them, had given many persons " opportunities of absconding, or defrauding their creditors, by embezzling their effects," that the addition of two more terms had become neces- sary for the due administration of justice. In making these representations, they declared that they spoke the sentiments of * N. Y. Colonial MSS., in office Sec. State. Tryon, 1111, 1112, xcviii. Doc. Hist. K. Y., iv. 1o9-l6l. \ See ante, p. 175, Note. 182 HISTORY OF EASTERN \^RMONT. [1YT2. more thcan three fourths of the inhabitants of the county. For this reason they prayed his Excellency to remove the courts to Westminster, and increase the number of terms to four in each year. This petition was read in the house on the 27th of February, and was referred to a committee of the whole. On the l-ith of March, Mr. De Noyellis, from the committee of the whole house, to whom had been referred the bill relative to the courts of the county, rej^orted that they had examined it, altered the title, and amended it in several particulars. The bill as amended was then read, and having been agreed to by the house was passed for engrossment. Having been read on the 16th the third time, it was passed by a resolution, and Messrs. De I^oyellis and De Witt were appointed to carry it to the Council and desire their concurrence in its passage. From them it was returned on the 21st, by Oliver De Lancey, ap- proved of and unamended. The bill became a law on the 21:th. Its original title had been altered, and it now appeared as " An act for erecting a more convenient Com't House and Gaol, for altering the terms appointed for holding the courts of Common Pleas and General Sessions of the Peace, and for enabling the inhabitants to elect supervisors and other county officers in and for the county of Cumberland." By its provisions the judges and justices of the county were directed to meet at the court-house in Chester on the first Tues- day of the following May, and form " into convenient districts" such parts of the county as were not erected into townships '' under the Great Seal" of the colony. A description of these divisions was to be made in writing, subscribed by the judges and justices and filed with the county clerk, who was ordered to record it. The districts thus constituted wei"e to remain as divided until formed into townships. The people were author- ized to assemble on the third Tuesday of May following, and elect for each town and district one supervisor, two assessors, two collectors, two overseers of the poor, two fence-viewers, four constables, three highway commissioners, and as many persons for surveyors and overseers of highways, as the majority of " the freeholders and inhabitants" of each town and district should judge necessary. At the same time a county treasurer was to be chosen.* The election for these purposes was to be held annually. * At the first election under this act, held May 19th, 1772, the people, for some I'eason not apparent, neglected to choose a county treasurer. That officer was 1772.] ACT TO ERECT COUNTY BUILDINGS. 183 By other clauses of the hill, it was ordered that the " piihlic and necessary charges" should he defrayed as in other counties ; that " from and after" the first Tuesday in June, next ensuing, the courts should be held on the second Tuesdays in June, Septem- ber, December, and March, in each year, and that each session should not continue longer than four days. In order to intro- duce these last regulations, the judges were directed to open the next court at tlie time and place to which it had been adjourned, and again adjourn it with " all presentments, indict- ments, suits, causes, plaints, writs, processes, and proceedings, whether criminal or civil, and all parties charged, prosecuting or defending therein," to the term next ensuing, as established by this act, and to the place which should be hereafter ap- pointed. To the Governor, with the advice and consent of the Council, was reserved the power, according to ancient usage, of altering and fixing the terms and times of the court sessions. In conformity with the first clause in the title of the bill, the supervisors who should be chosen at the coming election, were ordered to assemble on the last Tuesday in May at the court- house in Chester, and by a plurality of votes, ascertain the place where the court-house and jail were to be erected. The result of their ballotings was to be certified by an instrument under their hands and seals, and the place which they should choose was to " be and remain" the county town, if not disap- proved of by the Governor. To defray the expenses of build- ing, the supervisors were authorized to levy upon and collect, from the inhabitants of the county, a sum not exceeding £250. Tliey were also instructed to nominate three fit persons to " su- perintend and direct the building of the said court-house and gaol, and the laying out and expending the monies to be raised for that purpose." Those who should collect the tax were directed to pay it to the three superintendents.^ In accordance with the rules laid down in this act, the towns which had not received charters from New York were divided into districts, and, on the 6th of May, an abstract of the divi- sions was posted in several public places, signed by Crean Brush, who, a few months before, had removed to Westminster, and had been appointed clerk and surrogate of the county by com- afterwards appointed by the supervisors at their meeting in June following. — Council Minutes, in office Sec. State, N. Y., 1765-1783, xxvi. 302. * Journal Gen. Ass. N. Y., 1767-1775. Act of 12th George III., in Laws K Y., Van Schaack's ed., 1691-1773, pp. 700-702. 184 HISTORY OF EASTERN VERMONT. [1V72. missions from Governor Tryon.'* Tlie supervisors who had been chosen at the general election, held, according to appoint- ment, in the towns and districts of the county, on the 19th of May, assembled at the court-house in Chesert, on the 26th, for the pui-pose of locating the county buildings. Westminster was chosen as the shire town, and a spot adjoining " the public street or highway" in that township, and " as near the place where the meeting-house is erected," as would be convenient, was selected as the site of the court-house and jail. At a subsequent meet- ing of the supervisors, held on the lltli of June, at Westminster, for the purpose of proportioning the county tax, and choosing jjer- sons to superintend the erection of the court-house and jail, the question was raised as to the particular spot on which the build- ings should be placed. Although this question had been once de- cided, yet by a majority of one, the former decision was reversed, and it was voted that the court-house and jail should be built " near the north end of the northerly plain, above a mile from the meeting-house, and about forty rods to the noi*thward of all the houses in the street but one." An account of these proceedings was carried to New York by Crean Brush, who informed Governor Tryon that the reversal of the first decision of the supervisors, had been " inadvertently acquiesced in " by some of the members of the board who were now convinced of the impropriety of the act. Owing to this representation, the Governor and his Council, at a meeting held on the 25th of June, approved of the selection which had been made at the first meeting of the supervisors, and authorized the erection of the court-house and jail on the spot which liad on that occasion been chosen.f FuU permission having been obtained, the people of the county now turned their attention to the erection of a court- house which should be creditable and of service. The east village of Westminster is built on two plains which stretch along the banks of the Connecticut, and extend back to the mountains nearly a mile. At the northern extremity of the southern plain, which is higher than the other, and on the brow * A copy of this abstract, taken fi'om a rain-stained and weather-beaten origi- nal upon which the upturned eyes of the early inhabitants of the wilds of Vermont once gazed, as it looked down iipon them from the side of an inn or of some humble place of worship, may be found in Appendix G. I am indebted to the Hon. Wil liam M. Pingry, for this and other documents. f Council Minutes, in office See. State, N. Y., 1765-1783, pp. 302, 303. 1772.] THE "old COUET HOUSE.' 185 of an elevation wliicli afterwards took tlie name of "Court- House Hill," a spot was selected for the site of the building. It was located on the east side of the road but a short distance from the meeting-house which then occupied the centre of the highway. In shape it was almost square, the sides being about forty feet in length, and _ ^^^-*=-==s=-_^=^-_ was built of hewn tim- ber, clap-boarded. The roof was gambrel, sur- mounted by a cupola or tower, open at the four sides. An aisle, ten or twelve feet in width, ran east and west through the mid- dle of the lower story. A double door was placed at each end of Conrt House at Westminster. the aisle, or, in other words, two doors opening either way from a centre fastening. In accordance with the custom of the times, the building was intended to afford some of the con- veniences of a tavern. In the south-east corner was a kitchen or cook-room, occupied by the jailer, and in the south-west cor- ner, a bar-room, in which the jailer served in the caj^acity of bar-tender. The chimney rose between these rooms, and opened into each in the shape of a large, old-fashioned fire-place. An- other door was cut in the south side of the building, leading into an entry, on either side of which were doors to the kitchen and bar-room. In the north part was the jail, which comprised within its limits two prison-rooms, divided the one from the other by a narrow aisle running north and south. This aisle communicated with the broad aisle, by a door. Doors also opened from the prison-rooms into the narrow aisle. A flight of stairs led from the east entrance to the court-room in the second story, which did not differ materially from the court- rooms of the present day in its arrangement. Before the building was completed, the superintendents had expended all the money which had been raised by tax, and were compelled for a while to suspend operations. Meantime the county had obtained two representatives in the Legislature of the province. On the 3d of Febniary, 1773, Crean Brush, one of the representatives, asked leave to bring in a number of 186 HISTORY OF EASTERN VERMONT. [IT 73. bills designed to advance the interests of his constituents. Among these, was one " for raising £250 in the county of Cum- berland, towards finishing the court-house and gaol ah-eady erected in the said county." Permission being granted, a bill to that e£Fect was presented, and having passed its first reading on the 8th, and its second reading on the 10th, was referred to a committee of the whole house. Thence it was returned on the 13th with an altered title,* and with the amendment was, on the 15th, ordered to be engrossed. Having been read a third time, it was enacted by the house. On the 18th, the concurrence of the Council in the bill was announced by Eoger Morris, and on the 8th of March it was passed into a law. The work was soon after renewed, and by the close of summer the building was ready for use. The court-room was never finished ; but its walls, gray and cobwebbed, and its beams and braces rough and bare, were perfectly in keeping with the turbulent spirits who met within its precincts in legal conflict, or assembled there to engage in more important scenes.f * The title was changed so as to read, " for raising the further sum of £250," etc. Act of 13th George III., in Laws N. Y., Van Schaack's ed., 1691-1773, p. 803. f Journal Gen. Ass. N. Y., 1767-1775. Tlie courts were held at Westminster, until 1781. In that year, Westminster and Marlborough were declared to be half shire towns, and one court term was held at each place until 1787, when the half shire towns were abolished, and the county town was established at New Fane, where a new court-house and jail were erected. The engraving in the text was finished from a plan, made from memory by Daniel Hall, Esq., who, in the year 1794, attended a school in the " Old Court-IIouse " taught by Master Dudley Chase, afterwards United States Senator from Vermont. The building was demolished about the year 1806. CHAPTER Yin. LEGISLATION OF THE NEW YORK COLONIAL ASSEMBLY. EVIDENCES OF A EEVOLUTIONART SPIRIT. Census of Cumberland and Gloucester Counties — Samuel "Wells and Crean Brush chosen Representatives — Laws for Regulating the Affairs of the Counties — Road Law — License Law — Law for Supervising Intestates' Estates, and Regu- lating the Probate of Wills — Petition for Confirmation Charters — Law respect- ing the Sheriff's Fees — Law Establishing Fairs — Pay of Representatives — Road Law — Law Forbidding Justices' Courts to be held in Taverns — "Sons of Liberty" — Letter to the Supervisors of Cumberland County — Meeting at Ches- ter — Patriotic resolves of the Westminster Convention — Troubles at Dummer- Bton — Dr. Harvey, the Town Clerk — His Account of the Imprisonment and Re- lease of Lieut. Leonard Spaulding — Another Meeting at Chester — Second Con- vention at Westminster — Committee of Inspection — Tliird Convention at West- minster — Committee of Correspondence— Petition to the New York Legislature. In tlie various petitions, remonstrances, and memorials wliich had been presented to the governors of New York at different times, bj persons claiming to be residents on the " Grants," the population of that district had been made to appear much greater than it really was. To come at the truth on this point, Governor Dunmore, on the 16th of January, 17Y1, directed the sheriffs of Cumberland and Gloucester counties to take an enu- meration ot the inhabitants of their respective bailiwicks. As the result of this census, it was shown that there were in the twenty- six towns in the county of Cumberland, from which returns were received, of white males, one thousand and eighty, under the age of sixteen ; one thousand and thirty-three, between six- teen and sixty ; and sixty, aged sixty and upwards ; of white females, nine hundred and forty-nine, under sixteen ; and eight hundred and eighty-seven above that age ; of black males, seven, and of black females, eight. The whole population amounted to four thousand and twenty-four persons, of whom seven hundred and forty-four were heads of families. At the 188 HISTORY OF EASTERN VERMONT. [1772. same time tlie total number of whites and blacks in Gloucester county was found to be seven hundred and twenty-two.* AVith these data, the Legislature of New York were prepared to ap- preciate better the wants of a people who, on account of their distance from the seat of government, had been neglected, although their rights were nearly the same as those of the inhabitants of the other counties of the province.f Among the complaints which were made when the subject of removing the court-house was first mooted, was one arising from the fact that the people of Cumberland county were denied representation in the Provincial Legislature. Thomas Chandler, writing to Governor Dunmore, on the 10th of April, had in- formed him of this "grievance," and had expressed his belief that his lordship would endeavor to redress it. The right of petition being that most frequently exercised in such cases, the people of the county drew up an address to Governor Tryon, on the 7th of December, 1772, in which they set forth the "powers, privileges, and immunities" to which they were by the terms of their charter entitled. They declared themselves " wholly disposed to demean themselves as good subjects," but expressed a desire of " enjoying, in common with the inhabitants of the other counties," the liberty of choosing two representatives " to serve in the General Assembly." " Such representation," said they, " will fulfil the hopes of your petitioners, by establishing that firm and lasting connection which they are desirous should ever subsist between them and the government to which it is their happiness to belong, and will enable them the more readily to accomplish the good purposes of government, by obtaining such laws as will most tend to its honor and their own pros- perity." This address, which bore at its foot one hundred and fifty-one signatures, having been read in Council on the 23d of December, was favorably received, and a writ was ordered to issue, enabling the freeholders and inhabitants of the county to choose two representatives to sit in the next General Assembly of the province. At the election, which was held agreeable to this order, Samuel Wells, of Brattleborough, and Crean Brush, of "Westminster, were returned as representatives. The Legisla- ture being then in session, they soon after repaired to the city * Williams's Hist. Vt., 1st ed., p. 411; 2d ed. li 478 Brattleborough Semi- Weekly Eagle, vol. iii., nos. 43, 45-47, 49-51, 68, 60, 76. Doc Hist. N, Y., iv. 1034 \ See Appendix H 1772.] THE INDUCTION OF WELLS AND BKUSH. 189 of New York, and, having notified their attendance to the house on the 2d of February, 1773, were called in, and after presenting their credentials, were ordered to withdraw. Having been received as representatives by a unanimous vote, they were waited upon by Mr, De Lancey and. Mr. Isicoll, two of the representatives, by whom they were conducted to one of the commissioners appointed to qualify representatives, and having taken the required oaths, were allowed to take their seats " at the table." Such was the ceremony by which mem- bers were inducted into office under the old courtier-like regime. Republicanism has removed most of the forms which served to give dignity to the legislative transactions of our ancestors, and the result may, for a time, have been beneficial. But the expe- rience of the last twenty years has shown, at least in our deli- berative bodies, that a decrease in respectful conduct has fol- lowed closely upon a disuse of ceremonial observances, and the scenes which have lately disgraced the floor of our National Congress have awakened in many a heart a wish for the revival of some of that becoming etiquette which lent so great a grace to the proceedings of the assemblies of former days.* Previous to the election of Wells and Brush, some of the members of the Legislature had proposed the passage of a number of necessary and judicious laws, relating to Cumber- land county. Leave having been granted, on the 15th of January, 1772, to bring in such acts as would meet the ends designed, the yeomanry of Cumberland had the satisfaction of knowing before the close of the session that their wants had been considered, and that the punishment of the statute- breaker and the protection of good men were certain, so far as legal enactments could avail, to produce these results. The first of these acts, passed on the 26th of February, was for the revival and continuation of an act which had been made six years before for the purpose of " laying out, regulating and keeping in repair" the roads of the county.f At the same time a law was enacted for regulating the inns and taverns of the county. By its provisions no person was allowed to sell " by retail, any rum, brandy, wine, or spii'its of any kind, under the * Council Minutes, in office Sec. State, N. T., 11&5-11SS, xxvi. 331. Journal Gen. Ass. N. Y., 1767-1775. Doc. Hist. N. Y., iv. 816, 817. f See ante, pp. 138, 139. By an act passed March 8th, 1773, this act was ex- tended to Gloucester county. Laws of N. Y., Van Schaack's ed., 1691-1773, pp. 487-490, 646, 804, 805. 190 HISTORY OF EASTERN VERMONT. [1VT2. quantity of one quart ; nor any cider, strong beer, metheglin, or any such strong liquor, or any mixt liquors, directly or indi- rectly, under the quantity of five gallons," without a license, on pain of forfeiting the sum of twenty shillings, current money, for every offence, one-half of the fine to be paid to him who should sue for it, the other half to the overseers of the poor, for the benefit of those under their care. Licenses were to be granted for one year by the court of General Sessions of the Peace, to such persons as the justices should recommend, and were to be entered by the clerk on the court records. The jus- tice from whom a recommendation proceeded, was to receive three shillings for every license granted, and the clerk two shillings for his services. By another provision, the act was to be read once in every year at the session of the court.* Many difficulties had already arisen from the imperfect con- dition of the laws regarding the probate of wills and the set- tlement of the affairs of intestates. By an act passed on the 11th of November, 1692, in the fourth year of the reign of Wil- liam and Mary, the courts of Common Pleas for the remote counties in the colony of New York, had been authorized " to take the examination of witnesses to any will within the said respective remote counties upon oath, and to grant letters of administration." On the 24th of March, 1Y72, an act was passed extending the aforesaid act to Cumberland and Gloucester counties, giving to the courts of Common Pleas in those counties power " to take the examination of any witnesses to wills u23on oath ;" and " to act, do, and perform every matter and thing" pertaining to the supervising of intestates' estates, the regulating of the probate of wills, and the granting of letters of administration. When the courts were not in session, the same authority was given to the judges and justices by virtue of their office, and the clerks were ordered to give such assistance as might with propriety be * This act -was amended March 8th, 1773, and was extended to Gloucester county. As altered, no person was allowed to retail " any Rum, Brandy, Wine, or Spirits of any kind, imder the Quantity of Fire Gallons," without a license. No person having a license "to retail strong Liquors," was permitted to "sell any mixt Liquors, directly or indirectly, on pain of forfeiting the Sum of Twenty Shillings," current money, for each offence, to be recovered and applied as directed by the former act. The judges of the Liferior court of Common Pleas were authorized to grant licenses at the meetings of the court of General Sessions of the Peace, to such persons as they should deem proper. Laws of N. T., Van Schaack's ed., 1691-1773, pp. 646, 647, 805. 1773.] PETITION FOR CONTTRMATION CHABTEKS. 191 demanded of them. Owing, no doubt, to the troubles conse- quent upon the prosecution of the Deans for fellmg his Majes- ty's trees, as related in a previous chapter, a bill was brought in, on the 28th of February, for preventing abuses " in the de- struction of timber by joint tenants, or tenants in common, to the prejudice of their fellow joint tenants or commoners." It was ordered to a second reading, but, as no further account of it appears on the Assembly journals, it is probable that it was defeated.* Although a number of the townships east of the Green Moun- tains, had received confirmation charters from New York agree- able to the order in Council of July 20th, 1764, still the majority of them were held by grants from New Hampshire. To pro- duce a uniformity in the titles, about four hundred of the favor- ers of the jurisdiction of New York residing in the counties of Cumberland and Gloucester, petitioned the King on the 26th of January, 1773, to confirm to them the rest of the townships for one half of the usual fees of office. " Your petitioners," said they, "are not desirous of any change of jurisdiction, but are perfectly satisfied with, and earnestly wish to continue under the government of New York, and are only anxious to have their titles made valid and secure by confirmations under the Great Seal of the said province, which have been hitherto suspended, as your petitioners are informed, by your Majesty's royal in- structions." On account of the insecurity of their titles, they declared that they could not carry on their improvements " with spirit and vigour" for fear of being deprived of them and losing tlreir labor ; that they were not entitled to the rights and privi- leges of freeholders, by reason of the defects of their New Hamp- shire charters ; and from the same cause, were unable to sup- port any action in behalf of their landed property, when it was injured or withheld from them. " While these distressing cir- cumstances," said they, " fall heavy on individuals, they at the same time obstruct the growth and further cultivation of these new counties, impede the equal administration of justice, and prevent the payment and augmentation of your Majesty's re- venue fi'om the quit rents." These were some of the reasons which induced them to seek for a securer title than that imder ■* Act of Assembly, parsed in the Province of New York, London ed. mdocsix., legi-ins, pp. 16, 17. Actsof 12th George TIL, in Laws of N. Y., Van Schaack's ed., 1691-1773, pp. 646, 647, 707. Journal Gen. Ass. N. Y., 1767-1775. 192 HISTORY OF EASTERSr VERMONT. [l7T3. which they then held. But a reduction of the fees of office one half, as prayed for by the petitioners, was deemed too great a " mark of favor and indulgence" to be granted, and the riotous conduct of the settlers on the west side of the mountains receiv- ed more attention from government than the reasonable com- plaints of the more peaceable inhabitants of Cumberland and Gloucester.* At the session of the Assembly of New York in lYTS, an act was passed on the 18th of March relative to Cumberland county, for the purpose of settling certain disputed questions regarding the sheriff's duties and privileges. By the law enacted on that occasion, he was authorized to compute his mileage fees " for the service of all writs and papers" from the court-house at Westminster. He was also empowered, " for the time being," to demand " the usual customary" mileage fees for every mile he might "necessarily travel in or out" of the county, " in order to facilitate the return" of writs and processes issued from the Supreme court of the colony. An affidavit from him of the number of miles he had thus travelled, was declared to be sufficient proof when presented to one of the judges of the Inferior court of Common Pleas, and, after the approval of the affidavit, the sheriff was allowed to tax his mileage fees in the bills of costs. In addition to these privi- leges, he was authorized, by himself or his deputies, to serve justices' warrants, summonses, executions, and other precepts in civil causes, and to collect the fees for his trouble.f By an act passed on the 11th of November, 1692, when Ben- jamin Fletcher was Governor of New York, for "settling fairs and markets in each respective city and county throughout the province," an attempt had been made to excite and maintain an interest in improving the agricultural condition of the country. The manner in which these fairs were conducted, was most liberal and beneficial. According to the regulations, " all and every person or persons, inliabitants, stranger, or sojourners" might resort to them, and " carry or cause to be carried" thither, " all sorts of cattle, horses, mares, colts, grain, victuals, provisions, and other necessaries, together with all sorts of mer- chandise of what nature soever," and expose them for sale or barter " in gross, or by retail, at the times, hom-s, and seasons" * Doc. Hist N". Y., iv. 821-824. f Act of 13th George III, in Laws of New York, Van Schaack's ed. 1691-1773, pp. 796, 797. 1773.] COUNTY FAIKS. 193 appointed. At each fair, an officer, styled a Governor, had supreme control, and was empowered to " commissionate " rulers of the fair, who were " to hold Courts of Pypowder," in the manner in which they were conducted in England.* In accordance with these regulations, an act was passed on the 8th of March, 1773, " respecting fairs in the counties of Albany, Cumberland, and Tryon." In making provision for the second named county, two fairs were appointed to be holden annually at "Westminster ; the first from the first Wednesday in June until the evening of the Friday next ensuing, and the second, for the same period, from the first Wednesday in September. All the rules and usages which had obtained under the old act, were applied with full force by the new act to the regulation of the fairs in the county of Cumberland.f A question having arisen as to the remuneration which the members from Cumberland were to receive for their services, an act was passed on the 8th of March by which the sum of twelve shillings, current money, was allotted to each of tliem for every day's attendance on the Assembly. Ten days was apportioned to each at the beginning, and the same number of days at the close of the session, to be used in going to and returning from the Assembly, and for the time thus consumed, regular attendance fees were allowed. The county treasurer was ordered to pay the representatives their wages on a warrant from the supervisors, and the sum thus expended was to be assessed as other charges, and collected within ten days after the assessment. On the 29th of November, 1745, an act had been passed to prevent damages by swine in Dutchess county. Cumberland being in want of similar protection, this act was extended to that county on the 8th of March, 1773, and was declared to be in force until the 1st of January, 1775.:}: * The word Piepoudre, Piepowder, or Pypowder, i3 derived from the French pied, foot, and poudreux, dusty, from poudre, dust ; or pied-puldreaux, a peddler. Kepowder courts were granted at fairs in England, for the purpose of investigating all manner of causes arising and disorders committed upon the place, and were so called either " because justice was done to any injured person before the dust of the fair was off his feet," or because the principal disputes determined were be- tween those who resorted to the fairs, and the alien merchants or peddlers who generally attended on such occasions. Brand's Popular Antiquities, iL 468. f Act of 4th William and Mary, and act of 13th George III., in Laws of iS'ew York, Van Sehaack's ed., 1691-1773, pp. 11-14, 802. X The act of November 29th, 1746, referring to Dutchess county, was again 13 194 HISTORY OF EASTERN VERMONT. [1774. At the session of the LegisLature, for the year 1774, only one act was j)assed in which especial reference was had to Cumber- land county. This act, passed on the 9th of March, had for its object, the revision of the laws concerning " common and pub- lic highways," and the facilitation of the business of " raising the county charges." By its provisions, all disputes which might arise as to the " place proper for making a road," were to be determined by commissioners appointed by the court of General Sessions, who were to be paid by the towns interested. Tlie road which they might lay out, was to be worked as were other roads. Owing to the importance of Westminster, as the county town, particular care was taken that the approaches to it should be kept in good condition. Its inhabitants who were freeholders and who lived on the " town street," or who owned lands bordering thereon, were each of them ordered to work three days during the year 1774, " in clearing, opening, and re- pairing the said town street, to the breadth of ten rods." This service was to be deducted from the amount of general road labor, which each was required to perform. As to the classes of persons bound to or excused from labor, by the general road law, it was enacted, that every laborer or tradesman who was not a freeholder or housekeeper, should be obliged to work only three days in each year on the highways, and all indented ser vants living with and laboring for their masters, and young men living with and laboring for their parents, and not freeholders, were wholly excused from road work on then- own account. Freeholders were compelled to keep the roads in repair, and eight hours of labor in that service, was deemed a day's work. A short time before, a road had been laid out through the townships of Brattleborough, New Marlborough, Whiting, and Dra]3er, in Cumbei-land county, and through the townshijDS of Readesborough, New Stamford, and Pownal, in Albany county. As this road was calculated to facilitate the transportation of produce to market, and raise the value of land, the freeholders residing in the townships through which it passed, were ordered to work on it three days in each year, thenceforward. Samuel Anderson of Albany county, and John Houghton and Malachi Church of Brattleborough, were appointed commissioners toin- revived on the 1st of April, l7Yo, to be continued until January 1st, 1Y90, and was, as before, extended to Cumberland county. Act of loth George III. in New York Colony Laws, 1*774, 1775, p. 127. See also act of 19th George II., and of LSth George III., in Laws of N. Y., Van Scbaack's ed., 1691-1773, pp. 266, 803. 1774.] LAST SESSION OF THE COLONIAL LEGISLATUKE. 195 spect tlie road and alter its course, if they should think best, and were allowed eight shillings per diem for their services. To facilitate the raising of county charges, the justices of the peace, in case any township or district should neglect to choose a supervisor, assessors, or collectors, " at the proj)er time," were authorized to nominate, at the next court session, the officers so neglected to be chosen, who Avere obliged to serve under a penalty of ten pounds. This penalty, if incurred, was to be sued for by the county treasurer, as were also moneys detained by the collectors against the will of the sheriff. The second Tues- day in June was fixed upon as the day on which the supervisors were to hold their annual meeting at TVestmiuster. The laws passed by the New York Legislature for the benefit of Cmnber- land county, although wisely planned, were not readily execut- ed. Where a direct and palpable benefit was to ensue from their observance, they were obeyed ; but when any one chose to break them, his disobedience was but little regarded, and was still more rarely punished.* Tlie last session of the Colonial Legislature of New York, held in the early part of the year 1775, was noted for the amount of business which was transacted and the large number of bills which were passed. Of the latter, only two related to Cumber- land county, and of these, that by which the weetern bounds of the county were changed, has been already noticed.f The other bill, enacted on the 1st of April, had for its object, the pre- vention of the trial of causes in tg,verns, by justices of the peace. In accordance with an established law of the colony, justices of the peace were allowed to hold a court for the trial of causes to the value of five pounds and under. In Cumberland coun- ty, it had come to be the fashion for justices to hold their courts in taverns, "to the great prejudice of the suitors, and damage of the inhabitants." To prevent this abuse, justices who should be guilty of it after the second Tuesday in June following, were * Act of 14th George III., in New York Colony Laws, 1774, 1775, pp. 51-55. f The law referred to, was passed March 12th, 1772, and was entitled, "An Act to empower Justices of the Peace, Mayors, Recorders, and Aldermen to try causes to the value of five pounds, and under, and for suspending an Act therein mentioned." Act of 12th George III, in Laws of New York, Van Schaaok's ed. 1691-1773, p. 648. The "Act therein mentioned" was passed December 16th, 17S7, while George Clarke was Lieutenant-Governor, and was entitled, " An Act for establishing and regulating Courts, to determine causes of Forty Shillings, and imder, in this Co- lony."— /62ci pp. 194-196. 196 mSTOKY OF EASTERN VERMONT. [1774. to forfeit for each oflence ten pounds, and the proceedings of the court held in disobedience to this order, -were declared null and void. Forfeitures in such cases, were to be sued for and reco- vered, with costs of suit, by a qui tarn action in any court of record in the colony, one half of the sum to be allowed the pro- secutor for his trouble, the other half to be appropriated to the support of the poor in the township or district where the offence was committed.* On the 3d of April, two days after the passage of this act, the Colonial Assembly of New York adjourned, never to meet again. The feelings of hatred towards Great Britain, which had originated, in part, in the extension of the stamp laws to the colonies ten years previous, had in the mean time been increasing in force, and now, as then, found their exponent in the conduct of the " Sons of Liberty." Long had these determined men waited for the time when they should be able to demand of Great Britain the free exercise of those rights which had been guaranteed to them as her subjects. That time had now come, and they were not unprepared to improve the opportunities which it offered. Among the most prominent actors in the ante-revolutionary history of New York, was Isaac Low. Early in the year 1774, a committee of correspondence had been formed in the city of New York, for the purpose of ascertaining the feelings of the inhabitants of the province in regard to the usurpations of the mother country. As chairman of this committee, Low had written to the supervisors of Cumberland coimty, on the 21st of May, in that year, for information as to the measures wliicli the majority of the people in that part of New York would be likely to adopt in the present crisis. At their meeting in June, no action was taken upon his letter by the supervisors, and, either " through ignorance or intention," they endeavored to keep the knowledge of the existence of such a document from the people. The secret, nevertheless, was whispered abroad, and having become known to Dr. Reuben Jones of Rocking- ham, and Capt. Azariah Wright of Westminster, was commu- nicated by them to the towns in which they lived. Meetings were, in consequence, called in those towns, and a committee from each was appointed to wait on the supervisors at their meeting in September, to see if they had in their possession "• Act of 15th George III., in New York Colony Laws, 1774, 1776, p. 128. 1774.] CALL FOR A CONTENTION. 197 any papers which should have been laid before the people of the county. When that, which had been a suspicion, proved to be a fact, the supervisors made many excuses for their conduct. Some pleaded ignorance, " some one thing, and some another.-' But " the most of them," says Dr. Jones, in his account of the affair, " did seem to think that they could send a return to the committee at New York, without ever laying it before their constituents ; which principle, at this day, so much prevails, that it is the undoing of the people." " Men, at this day," adds the philosophic chronicler, " are so tainted with the princi- ples of tyranny, that they would fain believe that, as they are chosen by the people to any kind of office, for any particular thing, they have the sole power of that people by whom they are chosen, and can act in the name of that people in any matter or thing, though it is not in any connection with what they were chosen for."* A resolution was now formed that no answer should be returned to Low's letter, until it had been laid before every town in the comity. In accordance with this determination, the people in each town were invited to send delegates to a convention to be holden at Westminster on the 19tli of October following. When the call was received at Chester, four of the inhabitants, by a written application, dated October 3d, re- quested Col. Thomas Chandler, the town clerk, to call a town meeting, that it might be known by a pubHc expression whether the people were willing " to choose a com*® to make report to y® com*® of Correspondence," whether they would " stand for the privileges of North America ;" whether they were content " to receive the late acts of Parliament as Just," or would "view them as unjust, oppressive, and unconstitutional." A meeting was accordingly held on the 10th of October. Col. Chandler was chosen moderator, and a committee of five were directed to join the county committee for the purpose of pre- paring a report for the committee of correspondence in the city of New York. Not content with lending their aid to effect those changes in behalf of which many were soon to suffer, they resolved in the most patriotic manner, and in language whose meaning was unmistakable, " that the People of America are Naturally Intituled to all the Priviledges of Free Borne Subjects of Great Britain, which Priviledges they have Never * Blade's Vt State Papers, p. 55. 198 HISTORY OF EASTERN VERMONT. [1774:. Forfeited' ; that Every Man's Estate, Honestly acquired, is his own, and no person on Earth has a Right to take it away with- out the Proprietor's Consent, unless he forfeit it by some crime of his committing; that all acts of the British Parliament, Tending to take away or abridge these Rights, ought not to be obeyed ; that the People of this Town will joyn with their Fellow American Subjects in opposing in all Lawfull ways every incroachment on their Natural Rights." Thus spoke the people of Chester. In capital letters and in syllables strength- ened by heavy gutturals, they spoke, but their language was not the " great swelling words of vanity." Every sound contained a meaning, and every meaning seemed to look forward to a develoj^ment of itself in action. Similar meetings were held in other places with similar results.* On the 19th of October, eighteen delegates from twelve towns, met in convention at the " County Hall" in Westminster. Tlie session lasted two days. Col. John Hazeltine of Towns- hend, was chosen chairman, and the meeting having been pro- perly organized, the letter of Isaac Low, the act of the British Parliament by which a duty had been levied on tea for the purpose of raising a revenue in America, the Boston port bill, and several arbitrary declarations of the English government, were read in the hearing of the people. These papers were referred to a committee consisting of John Grout, of Chester ; Joshua "Webb, of Westminster ; Paul Spooner, of Hertford ; Edward Harris, of Halifax ; and Major William Williams, of Marlborough. In the report which they submitted on the fol- lowing day, they briefly reviewed the suiferings which they had endured as pioneers in the settlement of a new country, and the hardships they had encountered in " subduing the wilderness, and converting it into fruitful fields." Tliey expressed the greatest surprise that Americans should, by the late acts of Parliament, have been deprived " of that great right of calling that their own," which they by their industry had honestly acquired ; that the King and Parliament should dare to say with impunity they had " a right to bind the colonies in all cases whatsoever," and that they should " attempt to exercise that authority, by taking, at their pleasure, the pro- perties of the King's American subjects without their consent." " He who has nothing" — tliis was the argument of these liberty. * MS. records of the to-n-n of Chester. 17T4.] HESOLUTIONS PASSED. 199 loving men, who, regardful of the course which England had pursued towards her colonies, looked forward with dread apprehensions to the future — " he who has nothing but what another has power at pleasure lawfully to take away from him, has nothing that he can call his own, and is, in the fullest sense of the word, a slave — a slave to him who has such power ; and as no part of British America stipulated to settle as slaves, the privileges of British subjects are their privileges, and whoever endeavours to deprive them of their privileges is guilty of ti'eason against the Americans, as well as the British constitu- tion." In view of these sentiments, they resolved " that as true and loyal subjects of our gracious sovereign. King George the Third of Great Britain, &c., we will spend our lives and fortunes in his service ; that as we will defend our King while he reigns over us, his subjects, and wish his reign may be long and glorious, so we will defend om* just rights, as British sub- jects, against every power that shall attempt to deprive us of them, while breath is in our nostrils, and blood in our veins ; that considering the late acts of the British Parliament, for blocking up the port of Boston, &c., which we view as arbitrary and unjust, inasmuch as the Parliament have sentenced them unheard, and dispensed with all the modes of law and justice which we think necessary to distinguish between lawfully obtaining right for property injured, and arbitrarily enforcing to comply with their will, be it right or wrong, we resolve to assist the people of Boston in defence of their liberties to the utmost of our abilities." In the next resolution they announced in the most explicit terms the rules by which their own conduct should be governed in circumstances in which they might be nearly concerned. " Sensible," said they, " that the strength of our opposition to the late acts consists in a uniform, manly, steady, and determined mode of procedure, we will bear tes- timony against, and discourage all riotous, tumultuous, and unnecessary mobs which tend to injm'ethe persons or properties of harmless individuals ; but endeavour to treat those persons whose abominable principles and actions show them to be enemies to American liberty, as loathsome animals not fit to be touched or to have any society or connection with." Agreeable to the suggestions contained in Low's letter, a committee composed of Joshua "Webb, John Grout, William "Williams, Deacon John Sessions of Westminster, and Capt. 200 EISTOKY OF EASTERN VERMONT. [1774. Joab Hoisington of "Windsor, were chosen to communicate witli other committees of correspondence in the province and elsewhere. Tlianks were returned to the committee in Xew York city for the notice thej had taken of the " infant county," and the chairman was directed to forward the resohitions of the convention to Isaac Low, and inform him why his letter to the supervisors had not met with an earlier answer. The con- vention also acknowledged their obligations to John Hazeltine, "for his good services as chairman." This report was read, paragraph by paragraph, and was adopted unanimously. Al- though there is no record to that effect, yet power seems to have been given to the chairman to convoke another convention whenever the good of the county might seem to demand it.'^ The town of Dummerston numbered among its inhabitants some who were unfriendly to the jurisdiction of ^ew York, and who regarded the order of the King in Council, by which Connecticut river was declared the eastern boundary of that province, as especially tyrannical. Such were pre-eminently the views of Solomon Harvey, the physician and clerk of this patriotic village, and the records which he kept, in virtue of the latter office, exhibit on almost every page, traces of his peculiar disposition. Tlie dislike which he, in common with others, entertained towards the government of New York, had no doubt been increased by the aristocratic bearing of some of the county officials who held their appointments from the * American Archives, Fourth Series, IT^S, vol. ii. cols. 1064-1066. The proceed- ings of this convention — the first held -within the limits of the present state of Vermont for the purpose of opposing the tyrannous measures of Great Britain — ■were not made public until the middle of the year following. Meantime, the Congress of the United Colonies had been organized, and a report had got abroad charging the people of Cumberland county with being unfriendly to its measures. On the 23d of June, 1775, some person in New York city — probably John Hazeltine, for he had arrived there as a member of the New York Provincial Congress two days previous — addressed a note to John Holt, the editor of the New York Journal, couched in these words : " The County of Cumberland in this Province, having been represented as inimical to the proceedings of the late Continental Congress at Philadelphia, and to the several Provincial Congresses since held in the respective British Colonies in America in defence of their just rights and freedom ; you are desired to publish in the New York Journal the following Proceedings and Resolutions of a General Committee, consisting of the Committees of a number of Towns, by which the whole County was well represented at a meeting in October last. The long delay of the publication was occasioned by some unfair practices of a small but mischievous party, together with the remote situation of the County from the City of New York." Holt complied with the request of his correspondent, and the opinions of the people of Cumberland county were presented in their true light. 177-1.] EXTRACT FROM THE RECORDS OF DUMMEESTON. 201 Colonial Legislature ; and the abuse of power whicli these men sometimes exhibited in their fmictionaiy character, was used as an argument against those from whom they had received their authority. At a town meeting held at Dummerston on the 17th of May, 1774, the people omitted to choose town trustees. " Should this Excite any Speculation," says Harvey, who entered an account of the event on the town records, several years after its occm'rence, " it may be remembered that the Government of ISTew York, has. Ever Since July y^ 4th Anno 1764,* Exer- cised an unpresidented system of tyrany over all that teritory Since Called State of Yermont, and did in almost Numberless instances So Cruelly Harrass and pillage the poor Kew Settlers in this intolerably inhospitable wilderness, as rendered their hard Erned pittances Scarce worth Enjoying, and all under the Sacred and auspecious Name of administring justice." Having with these words aroused the recollection of liis readers, the eloquent clerk proceeds to unfold to them the reasons which led the people of the town to postpone the election of trustees. " Governor Tryon & his imps, and the mmions of the British tyrant (George the third)," these are his glowing words : " had by their Hell-invented policy, their plans, Commissions, and other artful insinuations, Extended their in- fluence into Every New plantation, over which they tyranized ; and had not failed Even to have Some in their interest in this town, who by art and insinuation, overpersuaded the honest people of this town to Omit Chusing trustees for the year, alledging that they had no right to it by virtue of any Law of the government, notwithstanding the provision made and pro- vided in such Cases, and the Special injunction to all incorpo- rated Societies to Comply with it." The people having discovered the imposition which had been practised upon them, and fearful that some of the higher dignitaries of the county would " appoint some of their emissaries to supply the place of trustees," caused another meeting to be notified, and ai^oided the mischief which had been intended for them by choosmg for themselves the officers whose places had been left vacant at the regular election.f Fully on their guard, and ready to treat as tyrants those who * The order in Council which declared Connecticut river to be the eastern boundary of New York, was passed on the 20th of July, 1764. It is to this date that Harvey probably intended to refer. ■j- MS records of the town of Dummerston, i. 15-lY. 202 HISTORY OF EASTEEN VERMONT. [1774:. should endeavor to dej^rive them of any of their privileges, they afterwards sent delegates to the Westminster convention, and were among the foremost in advancing the objects for which it had been convoked. iTor was it long before they had an opj^ortuuity to carry into action the spirit which they had evinced in words. An event occurred in their own rock-ribbed village, which allowed full scope to their patriotism, and ended in confirming the jealous watchfulness with which they had resolved to guard their rights. The warm-blooded Dr. Harvey, the " village Hampden" of Dummerston, who, judged by his zeal and courage, seems to have possessed " Hands, that the rod of empire might have svray'd," was the leader on this occasion. He has shown, in his narrative records, how the insolence of Britain was checked by the valor of himself and of his compeers, and it is but right that he should tell the story in his own quaint and energetic mode. " On the 28th of October, A. Dom. 1774, Lieut. Leonard Spaulding of the town of FulDiam alias Dummerston, was Com- mitted to the Common gaol for high treason against the British tyrant George the third,* by the direction of the infamous Crcan Brush, his attorney, & Noah Sabin, "William Willard, & Ephraim Ranney Esqrs., and AVm. Paterson the high Shreeve, and Benja. Gorton, and the infamous Bildad Easton, and his Deputiesf ; upon which, on the following day, viz. * " P. S. Mr. Spaulding's pretended Crime was, that he threw out some words unfavourable to the British tyrant relating to the Quebec Bill by which he is made Pope of that government." — MS. Dummerston. records, i. 20. The cause of Lieutenant Spaulding's confinement, is more fully given in the annexed extract. " One man they put into close prison for high treason ; and all that they proved against him, was, that he said if the king had signed the Quebec bill, it was his opinion that he had broke his coronation-oath. But the good people went and opened the prison door and let him go, and did no violence to any man's person or property." — Slade's Vt. State Papers, p. 56. By the provisions of the Quebec bill, as it was called, the Roman Catholic religion, instead of being tolerated in Quebec, as stipulated by the treaty of jjeace, was established. By the same act the people of the province were deprived of the right to an Assembly. Trial by jury, and the English laws, in civil cases, were abolished. In the place of the latter laws, the laws of France were established, in direct violation of his Majesty's promise in his royal proclamation. See Journals Am. Cong. i. 37. \ Jacob Laiighton of Dummerston who was born in Rutland, Massachusetts, September 10, 1760, and who was contemporary with Dr. Harvey, remarked to the author, in a conversation which took place in December 1851, that " Lieut. Spaulding was a resolute man," and that " it took three or four ' Yorkers' to conquer him when he was committed to the jail at Westminster." 1774.] EXTRACT FROM THE RECORDS OF DUMMERSTON. 203 October the 29tli, a majority of the inhabitants met near the house of Charles Davenport on the green, and made Choice of Sundry persons to Serve as a Committee of Correspondancy to joyne with other towns or respectable bodies of peopel, the better to secure and protect the rights and priveledges of them- selves and fellow-cretures from the raveges and imbarassments of the British tyrant, & his New York and other imme- saries. " The persons made choice of, were these, viz., Solomon Harvey, John Butler, Jonathan Knight, Josiali Boyden & Daniel Gates, by whose vigilence & activity Mr. Spaulding was released from his Confinement after about eleven days : the Committee finding it Necessary to be assisted by a Large Con- course of their freeborn Neighbours and bretherin, Consisting of the inhabitants of Dummerston, Putney, Guilford, Halifax and Draper, who discovered a patriotic Zeal & true heroic for- titude on the important occation. The plain truth is, that the brave sons of freedom whose patience was worn out with the inhuman insults of the imps of power, grew quite sick of diWng after redress in a Legal way, & finding that the Law was only made use of for the Emolument of its Cretures & the im- misaries of the British tyrant, resolved upon an Easyer Method, and accordingly Opned the goal without Key or Lock-picker, and after Congratulating Mr. Spaulding upon the recovery of his freedom. Dispersed Every man in pease to his respective home or place of abode. The afforgoing is a true and short relation of that TVicked afiair of the New York, Cut throatly, Jacobitish, High Church, Toretical minions of George the thu-d, the pope of Canada & tyrant of Britain." Such is the graphic and impartial narrative of one who was the chronicler of events in which he bore an important part. Comment is unneces- sary.* While the people of Cumberland county were thus engaged in endeavoring to pluck off the leaves from the tree of despotism, the representatives of the different Colonies, assembled in Con- gress at Philadelphia, were dealing vigorous blows at its trunk. Tlie adoption by Congress of the " non-importation, non-con- sumption, and non-exportation association" on the 20th of Oc- tober, was hailed with a joy, which, though not universal even * MS, records of the town of Dummerston, i 18-20. 204 HISTORY OF EASTERN VERMONT. [1774. among the lovers of liberty, was significant of the feelings of the mass of society. By the advice of some of the leading men in Cumberland county, John Hazeltine, on the 13th of November, assumed the responsibility of issuing circulars to the different towns, notifying a second convention to be held at Westminster, and inviting the attendance of delegates. At a meeting which was held at Chester, on the 28th of N^ovember, in accordance with this call, two delegates were chosen to represent that town at "Westminster. Tliey were instructed to " use their best en- deavors" to jDrocure from the convention, a vote of thanks to the Continental Congress " for their good services," and an assur- rance that the people of the county would " fully comply with their advice and resolutions." They were also directed to exert their influence to obtain the passage of certain instructions to Samuel Wells and Crean Brush, their representatives in the ISTew York Legislature. Of these instructions, the chief was, that their representatives should exert " their best skill and wis- dom" to choose deputies to attend the Congress of the Colonies, to be held at Philadelphia in the following May, unless the grievances universally complained of should be redressed before that time. On the same day, a similar meeting with similar re- sults was held in Dummerston. Among the votes passed on that occasion, was one particularly significant, by which the as- sessors were directed to " assess the town in a Discretionary sum of money, Suflicient to procure 100 weight of gunpowder, 200 Weight of Lead & 300 flints, for the town use." The tax was to be taken in " potash salts," and a committee was appointed to receive that article. At the second convention, held at Westminster, on the 30tli of November, " all the resolves of the Continental Congress" which had been passed a few weeks previous, were adopted, and a promise was made by which the delegates bound them- selves as representatives of their constituents " religiously to ad- here to the non-importation, non-consumption, and non-exporta- tion" association. An attempt was made to form a county com- mittee of inspection, but as this movement was " much spoken against by a justice and an attorney," and was " looked upon by them as a childish, impertinent thing, the delegates dared not choose one." The state of the county was then considered, as were also the inconveniences to which the inhabitants were subjected in collecting their dues in the province of New Hamp- shire. As to the general spirit of the proceedings of the con- 1775.] COMMITTEES OF INSPECTION. 205 vention, there was no retrogression from the high position which had been taken in the previous month." In one of the articles of the " non-importation, non-consumption and non-exportation association," was a recommendation that a committee should be chosen " in every county, city and town," by those " qualified to vote for representatives in the Legisla- ture," whose business it should be " attentively to observe the conduct of all persons" in regard to the measures which had been adopted by the association. The advice conveyed in these words, though rejected by the "Westminster convention, was not unheeded by the patriotic people of Dummerston. The service implied was such as suited their temper. The subject was broached in town meeting, on the 3d of January, 1775, and seven persons, with Dr. Harvey at their head, were chosen a " Com- mittee of inspection" to observe the " Conduct of the inliabitauts, agreeable to an order or recommendation of the Kight Honora- ble Continental Congress." The authority with which this com- mittee was vested, was by no means negative, and their office was in no sense of the word a sinecure. Under their inquisito- rial sway, two of the town assessors were removed from their places, because they had refused to purchase the stock of am- munition which was to be paid for in " potash salts." From one man they took a gun, because forsooth they suspected it con- tained a ball more friendly to the King than to the Congress. By their decision, another man who had been prominent in the history of the village, was declared unfit for office, and was not permitted to act in a pubHc station, until by his conduct he evinced the spirit of a patriot. After the commencement of the Revolution, committees like these were to be found in almost every town throughout the New Hampshire Grants, but the peo- ple of Dummerston seem to have led the way in sustaining in Cumberland county the eflTorts of Congress to guard against the manoeuvres of inimical persons.f So favorable had been the result of the two Westminster conventions, that it was thought best that another convention should be held early in the year 1775. Warrants signed by Col. John Hazeltine, were in consequence sent to the different towns in the county on the 30th of January, and primary meet- ings were again convened for the purpose of choosing delegates. * MS. records of the town of Chester, I 37-40. MS. records of the town of Dummerston, I 28. Slade's Vt. State Papers, pp. 55, 56. f Journals Am. Cong. i. 25. MS. Dunmierston Records, vol. Ipataitn. 206 HISTORY OF EASTERN VERMONT. [17Y5. As on former occasions, the towns of Chester and Dummerston were foremost in responding to the call. On the Tth of Febru- ary, delegates from twelve towns assembled at Westminster, and the convention was organized by the choice of Col. John Hazeltine as chairman, and Dr. Paul Spooner as clerk. The session lasted three days. A standing committee of correspond- ence, composed of persons from twenty-one towns, was chosen, that the county might be kept well informed as to the doings of the friends of liberty in the different colonies. Its members were Joshua Webb, Nathaniel E-obinson, and Abijah Lovejoy, of "Westminster ; Capt. Samuel Minott, of Putney ; Dr. Solomon Harvey, of Dummerston; Nathaniel French, of Brattleborough ; William Bullock and Hezekiah Stowell, of Guilford; Lieut. Eleazer Patterson, of Hinsdale, now Yernon ; Ed%vard Harris, of Halifax ; Charles Phelps and Capt. Francis Whitmore, of Marlborough; Elijah Alvord, of Draper, now Wilmington; Samuel Robertson, of Newfane ; Col. John Hazeltine and Samuel Fletcher, of Townshend ; James Eogers, of Kent, now Londonderry ; Moses Gile, of Chester ; Moses Wright and Jonathan Burt, of Rockingham; Simon Stevens, of Spring- field ; Hezekiah Grout and Oliver Rider, of Weathersfield ; Benjamin Wait, of Windsor; Dr. Paul Spooner, of Hertford, now Hartland ; " Esquire" Jonathan Burk, of Hartford ; Jacob Hazeltine, of Woodstock; and John Winchester Dana, of Pomfret. Col. Hazeltine was chosen chairman of the com- mitte. Dr. Spooner, Joshua Webb, Abijah Lovejoy, Dr. Harvey, and Capt. Whitmore were appointed to "serve as monitors to the committee of correspondence" and were directed to transmit all letters of public importance, and con- vey all intelligence of general interest of which they might become possessed to Col. Hazeltine. To avoid any misrepre- sentation of the objects for which the delegates had assembled, Charles Phelps and Dr. Harvey were instructed to prepare for publication, such extracts from the doings of the convention as they should deem advisable, and to add a short account of the ]3roceedings which had taken place at the meetings which had been previously held. Power was given to the chairman to call a general meeting of the town committees in cases of great emergency, or on application of the committees of three towns ; and he was directed to notify a meeting without delay when the application should proceed from the committees of five towns.* * MS. Pingry Papers. 1775.] PETITION TO THE LEGISLATURE. 207 One of the main objects for which this convention was assembled, was to obtain, if possible, from the Legislature of New York, the passage of such kws as would tend to improve the mode of administering justice in the county courts, and effect a change in several of the prehminaries in judicial proceedings. A formal petition, drawn by Charles Phelps, was in consequence addressed to Lieutenant-Governor Cadwal- lader Colden, and probably received the sanction of the con- vention before its adjournment. In this document the delegates, in behalf of their constituents, represented the " great expense and heavy burdens" that had been imposed on the county by the additional courts which had been lately established. As the result of this change, they stated that lawsuits had increased, charges had been multiplied, and families nearly beggared. Tliey further declared that their hard-earned money had been appropriated in fulfilling the conditions of their charters, in clearing their heavy timbered lands, in cultivating their fields, in supporting their " numerous and very indigent families," and in building the court-house and jail, which had been located at Westminster. Among their other hardships, they mentioned the inconveniences attending the " calling off from their business" of more than seventy farmers at each of the quarterly sessions of the court to act as grand and petit jurors, for which service they did not receive enough to defray their expenses ; the wages which they were obliged to pay their representatives in the Colonial Legislature, and the high fees charged by attorneys for their work. These and other inflictions of a similar nature they pronounced " very burthensome and grievous," and stated that unless they were redressed the further settlement of the county would be greatly obstructed. In view of this representation, they prayed that the number of the terms of the inferior court of Common Pleas, and of the court of General Sessions of the Peace, might be reduced to two of each annually, and further, that such an arrangement might be continued for seven years. They also asked for the reduction of the number of grand and petit jurors to eighteen each, for each of the court terms ; for the lessening of the retain- ing fee taxed by the court in bills of costs, to ten shillings ; for a regulation by which aU deeds and conveyances of lands should for the future be recorded in the office of the clerk of the town in which the lands might lie ; for the establishment of a probate office in the county ; for the passage of an act by 208 HISTORY OF EASTERN VERMONT. [1775. which all processes issuing from justices of the peace, under " the restriction of the five pound act," should be served by constables and not by the under sheriff or his deputies ; for the repeal of the law by which such processes were served by the sheriff, and for the passage of another act by which grand jurors should be paid for their services from the fines collected of criminals. Such were the changes prayed for by the con- vention. Through some inadvertence, those who were charged with the care of the petition delayed so long to send it to the Colonial Legislature, that when they would fain have retrieved their neglect, they found that that body had held its last session, and declared its final adjournment. Another circumstance had also occurred which rendered the contemplated reforms unnecessary. The courts of Cumberland coimty had been stopped by violence, and Providence had effected the desired changes in a manner far different from that which had been contemplated by man.* * The petition, of which a synopsis is given in the text, was sent by Elijah Grout of Windsor, to Samuel Wells, Noah Sabin, Nathan Stone, Benjamin Butterfield, Samuel Gale, Samuel Knight, and Jonathan Stearns, who, previous to March 13th, 1175, were the principal officers in the courts of the county. Grout's letter accompanying the petition, was dated April 15th, 1775, and at that time, those whom he addressed had just reached New York, after having been detained in prison nearly a month. — Brattleborough Semi-Weekly Eagle, Thurs- day, December 6tb, 1849. CHAPTER IX. (( THE "WESTMINSTER MA8SACKE. An Ante-Revolution Event — Westminster — The "Street" — ^The Old Meeting- house — The Pulpit — The Sounding-board — The Powder-hole — The Whips — The Collection-box — The Choir — ^I'he Foot-stove — The Burying-ground — The Grave of William French — The Epitaph — Condition of the Colonies before the Revolution — The Feeling in Cumberland County — Distrust of the Courts — Re- monstrance with Judge Chandler — The Whigs assemble at Westminster — ■ Scenes of the Night of March 13th — Norton's Tavern — The Sheriff's Posse — The Attempt to enter the Court-house — The " Massacre" — ^The Frolic — The State- ment of Facts^Couriers — The Gathering — Appearance of the Court-house — Inhuman Suggestions — Excitement of the Yeomanry — Robert Cockran — Treat- ment of the Tories — Sketches of the Liberty-men — William French — His Character — Reminiscences concerning him — His Death — The Inquest — The Burial — Daniel Houghton — Jonathan Knight — Philip Safford — ^Tory Deposi- tions — Weapons of the Whigs — Incidents connected with the " Massacre" — Joseph Temple — John Hooker — John Arms, the Poet — The "Massacre" in Rhyme — Thomas Chandler, Jr. — ^The Punishment of the Court Officers — Their Imprisomnent — Their Release — Action of the Legislature of New York — Lieu- tenant-Governor Colden's Message — Appropriation of £1,000 — Colden to Lord Dartmouth — The Influence of Massachusetts Bay in producing the " Massacre" — What justifies an Insurrection ? — Claims of William French to the title of the Proto-martyr of the Revolution, Among the important events immediately preceding and connected with the war of the Revolution, which served to show the feelings of the great mass of the American people, and prognosticated the impending struggle, none has been buried in deeper obscurity than that w^iich occurred at West- minster, on the night of the 13th of March, 1775. In some minds, the words " "Westmiuster Massacre" may perchance awaken recollections of the venerable grandsire, who, with his ^oscendants gathered around him, " Wept o'er his wounds, and tales of sorrow done, Shouldered his crutch, and showed how fields were won ;" 210 HISTORY OF EASTERN VERMONT. [1T75. or who, during the long winter evenings, was wont to depict, in his own expressive language, to the listening group, the scenes of the battles of Bennington or Saratoga, or, it may be, those of the night to which allusion has been made. The descendants of a revolutionary ancestry who have been thus favored, will not forget the glow which burned on the counte- nance ot the old patriot, nor the enthusiasm with which he referred to these and similar events, as the greatest eras in his own life and in the history of his country. To the minds of others, these words may convey but little meaning beyond their etymological signification. "When we consider the hardy character of the early settlers on the western banks of the Connecticut, their uncompromising hatred of oppression, and their holy love of freedom — which principles, originating in Massachusetts and Connecticut, had, among the hills of the adopted province, attained their full strength and reached their complete proportions — when we reflect on these considerations, we need look no further for the cause which obtained for Vermont the honor — though late accorded, yet none the less real on that account — of being the State which gave to the American States the proto-martyrs of American independence. The most casual observer, as he passes through the towns in the south-eastern part of Vermont that border the shores of the Connecticut, cannot but notice the picturesque beauty which distinguishes, in so marked a degree, the location of West- minster. The east village, to which particular reference is made, stands principally on an elevated plain, nearly a mile in extent, divided by a broad and beautiful avenue, along whose' sides are built the comfortable and commodious dwellings of the inhabitants, back of which to the hills on the one side, and the river on the other, extend rich farms and fertile meadows. Seldom is there any noise on the " Street" at Westminster. It does not resemble Broadway, nor does it find its representa- tive on State street at Boston. Tlie schoolboy, it is true, shouts at noon-time and even-tide, and the shrill whistle of the engine screams through the neighboring valley, a reminder of the whoop of earlier days. But these appertain to almost every place, and tell of the universahty of steam and the schoolmaster. Of those objects in this quiet village M'hich would most naturally attract the attention of an admirer of the infant ci'^^ization of the past century, none is more prominent than 1775.] THE OLD MEETING-HOIISE. 211 the old meeting-house. Tliis building was commenced in 1769, and was completed in the year following. The superintendence of the work was given to a man named Brown, who dwelt at Westmoreland, New Hampshire, and who fulfilled his contract to the satisfaction of his employers. The church was formerly placed, as was the custom of the times, in the middle of the high road, but it was afterwards removed, and now stands on the line of the street. For many years the people of the village, imited in faith and doctrine, were accustomed to assemble within its walls, for the purpose of worship- ping in conformity with the usages of the New Eng- land Congregationalists,*but when, in the lapse of time, some of the people had em- braced an oppugnant belief, vexatious disputes arose as to which of the two denomina- tions should have possession of the building. In the end, a new edifice was erected by the Congregationalists, and their opponents, after retaining pos- session of the original structure for a few years, left it tenantless. Thus it remained for years undisturbed, except on town-meeting and election-days, and by the occasional visits of the peering antiquarian, the summer loiterer, or the leisurely -going traveller. The "Westminster Meeting-honae. * The first minister settled in "Westminster, is said to have been a man by the name of Goodell, and the year 1766 or 1767 is generally regarded as the time of his coming. Tradition affirms, that his wife was the daughter of a man dis- tinguished in the annals of New Hampshire. In the year 1769 his faithlessness to her became known, and this discovery was soon after followed by his secret departure from the town. Mrs. Goodell's brothers, on being informed of these circumstances, took her and her two children to their home in New Hampshire, and made provision for their future support. It is not known who first occupied the pulpit of the " old meeting-house." Mice — those lovers and digesters of literature of every kind, sacred and profane — ^have destroyed the early records of the church, and the memory of the oldest inhabitant is at fault to supply the blank thus occasioned. The division in the church at Westminster is, with a few modifications, the history of almost all the religious societies in New England The causes which led to the formation of Christian unions were identical, with a few exceptions, in all, and the same is also true of the causes which in the end created dissensions and division. 212 HISTORY OF EA&TERN VERMONT. [17Y5. Although lately used for educational purposes, it still stands a model of its kind, a monument of former days. Its archi- tecture is simple, and the soundness of its timbers bears wit- ness to the excellence of the materials which were used in its construction. Within, all is strange to the eye of a modern. The minister's desk, placed directly in front of the huge bow- window, is overshadowed by the umbrella-like sounding-board, from which, in former days, words of wisdom and truth were often reverberated. Our ancestors were a frugal people. They regarded the air, not as an element in which to waste words, but as a medium by which ideas were to be conveyed ; and in order that nothing, especially of a sacred character, should be lost, they fell upon this contrivance, designed to give to the hearer the full benefit of aU that the preacher might choose to utter. As one stands beneath this impending projection, a stifling sensation will steal over the senses, and a ludicrous dread lest its massiveness may descend and crash him as he gazes, is not entirely absent from the mind. One might also feel like comparing it in situation, with the sword of Damocles. But otherwise, the comparison fails, for the hair which holds it is a bar of iron, and the structure itself bears a striking resemblance to a stemless toadstool. Modern theologians might find in it a personification of the cloud which in ancient times overhung the mercy-seat, and this, perhaps, is the most orthodox view in which it can be regarded. Underneath the pulpit is a small apartment, in which the powder and lead belonging to the village were usually stored. Who can describe the feelings which now and then must have shot across the mind of the preacher, or imagine the nature of his secret thoughts, as Sunday after Sunday he warned his hearers of the dangers of this world and besought them to seek for safety in the next, while latent death lay barrelled beneath his feet? Immediately in front of and below the desk, are arranged the benches where once sat the deacons. Beside them, stood long whips, with which they were wont to drive from the temple the farmers' dogs which would sometimes in- trude during the protracted service. Terrible instruments were these long whips to the little boys, and the least wriggle of their utmost tip, although caused by the breathing of some kind-natured zephyr, was more potent to them than the most pointed demmciations winged with fire and sulphur, and im- pelled by the breath of " brazen lungs." Above the deacons' 1Y75.] THE CHom. 213 Beats, on a couple of nails, rested a pole, at the end of which was attached a silken pouch. This was the collection-box, which, like the spear of Ithuriel, brought forth from those whom it touched, solid, though not always willing confessions, to the cause of truth. If there were any exercises of the sanctuary, which more than others received attention, it was those which were under the care of the village choir. Tliere sat the young men clad in homespun and the young women gay in ribbons, occupying the whole front of the long gallery, and at the announcement of the hymn, the confusion into which they would be thrown, might have appeared to a stranger to be almost inextricable. The loud voice of the choragus proclaiming the page on which the tune was to be found in the selection " adapted to Congre- gational Worship by Andrew Law, A.B.," the preparatory scraping of the fiddle with a " heavenly squeak," or the premo- nitory key-note of the flute as it went 1 " cantering through the minor keys," always afforded infinite amusement to the young children, and were regarded by the old men as necessary evils, to be endured patiently and without complaint. Tlien would succeed a mo- ment of silence, to be broken by the discordant harmony of ear-piercing falsettos, belching bassos, and airs, by no means as gentle as those which float " from Araby the blest." But the music was inspiriting, if not to the listeners, yet to the performers; and when the excited fiddler, who was also the leader, became wholly penetrated with the melodies which his vocal followers were exhaling, regardless of the injunction of the minister to "omit the last stanza in singing," he would, with an extra shake of his bow and a resonant. Young America " put her through," conclude the hymn as the poet intended it should end, winding up with a grand flourish, the intensity of which was sure to excite, even in the breasts of the " oldest fogies," the most ecstatic fervor. For years, every old lady used regularly to bring her foot- stove to meeting, and the warmth of her feet was of great ser- vice, no doubt, in increasing the warmth of her heart. But 214 HISTOKY OF EASTERN VEEMONT. [1TV5. when a new-fashioned, square-box, iron stove was introduced within those sacred precincts, with a labyrinth of pipe, bending and crooking in every direction, the effect was fearful. Two or three fainted from the heat it occasioned, and shutters sufficient would not have been found to convey the expectant swooners to more airy places, had not an old deacon gravely informed the congregation, that the stove was destitute of both fire and fuel. Just beyond the meeting-house lies the old burying-ground, crowded with the silent dwellers of the last hundred years. These tenants pay no rent for their lodgings, and shall never know any reckoning day but the last. Tlie paradises of the dead which are found to-day in the suburbs of almost every American city, speak well for the taste and refinement of the age ; but beautiful as they may be, there is a coldness around them of which the marble piles that adorn them are fitly em- blematic. More acceptable to a chastened taste, is the village graveyard with its truthfulness and simplicity. The humble stone, with its simple story simply told, conveys to the contem- plative mind a pleasanter impression than the monumeiit with its weary length of undeserved panegjT-ic. There is a quaint- ness, too, in the old inscriptions, which is more heart-touching than the formality and stiffness of the epitaphs of a modern diction. Sometimes, too, there is noticed an original or pho- netic way of spelling ; and again, when poetry is attempted, the noble disdain of metre which is often seen, is sure evidence that Pegasus was either lame or was driven without bit or bridle. Enter now this old burial-place. At the right of the path, but a short distance from the gate, stands an unpretending stone, not half as attractive by its appearance as many of its fellows. Some there are, who, like Old Mortality, take a certain innocent pleasure in endeavoring to preserve these milestones to eternity from the decay of*wliich they are commemorative. Such may be the incHna- tion of the rea- der. Stop then for a moment in this conse- crated spot. Brush off the moss which has covered with verdure The Grave of William French. the letters of this simple slate stone. Put aside the long gi'ass which is waving in rank luxuriance at its foot, and now read its pa* triotic record : 1T75.] CONDITION OF THE COLONIES BEFORE THE KEVOLUTION. 215 In Memory of WILLIAM FRENCH. Son to Mr, Nathaniel French. Who Was Shot at Weftminfter March y« 13th, 1775. by the hands of Cruel Miniftereal tools, of Georg y« 3d, in the Corthoufe at a 1 1 a Clock at Night in the 22d, year of his Age. H ERE WILLIAM FRENCH his Body lies. For Murder his Blood for Vengance cries. King Georg the third his Tory crew tha with a bawl his head Shot threw. For Liberty and his Countrys Good. he Loft his Life his Deareft blood." Starting with the indignant language of this epitaph as a text, it will not be amiss to explain its meaning, and coUate some of the circumstances connected with the tragedy to which it refers. A correct estimate of the feelings of many of the inhabitants of Cumberland county, may be formed from the conduct of the peo- ple of Dummerston in the rescue of Lieut. Spaulding, as related in the preceding chapter. The fuel which success on that occasion added to the flame which before was not dimly burning, did not fail to increase a desire to attempt other and more important deeds. By the old French "War, and by the depreciation of bills of credit consequent thereupon, many, in all the colonies, had become reduced in their circumstances. The sufferers were mostly those who had been officers or soldiers in the colonial service, and who now returning from their toils and struggles, found themselves weakened by suffering, their families starving around them, parliamentary acts of unusual severity enforced in the cities, creditors clamoring for their dues, and their own hands filled with paper-money worthless as rags, to pay them with. " In Boston," remarks an historian of those times, " the presence of the royal forces kept the people from acts of vio- lence, but in the country they were under no such restraint. The courts of justice expired one after another, or were unable to proceed on business. The Inhabitants were exasperated against the Soldiers, and they against the Lihabitants ; the former looked on the latter as the instruments of tyranny, and the latter on the former as seditious rioters."* In Cumberland * MS. History of the American Revelation, among the papei-s of Governor William Livingston, of New Jersey, chap. iv. p. 75, in N. Y. Hist. Soc. Lib. 216 HISTORY OF EASTERN VERMONT. [1775. county, the higher civil officers had received their appoiDtments directly from the Legislature of !New York, and still remained, as they had ever been, loyal to the Eang. For these reasons, and because the Colonial Assembly had refused to adopt the " non-importation, non-consumption, and non-exportation" asso- ciation, there were many in the county who mingled with their enmity to Great Britain a dislike to the jurisdiction of New York and to the officers of her choice. The unfriendliness of these feelings was in no wise diminished by the disputes in regard to land titles, which since the year 1764 had at times disturbed the equanimity of the people. As may have been already inferred from the reforms which had been proposed, the maladministration of the courts of justice in the county had become almost insufferable. So un- happy was the feeling between the people on the one hand, and the judges, sheriff, and other officers of the court, and their adherents, on the other, that the former were generally stigma- tized as " the Mob," while the latter assumed the title of " the Court Party." But the time had now come when the Whigs, as the mob preferred to be called, must assert their rights as free- men, or submit to the oppressive sway of the Tories, as they chose to call their opponents. Already had the Tories begun to plan in secret measures by which " to bring the lower sort of the people into a state of bondage and slavery." "They saw," says a narrator of the events of this period, " that there was no cash stirring, and they took that opportunity to collect debts, knowing that men had no other way to pay them than by having their estates taken by execution and sold at vendue." By an abuse of law whose object was to afford just protection, they were endeavoring to obtain an unlicensed sway in the management of the affairs of the county. Vexatious suits ensued, and many were imprisoned, contrary to the laws of the province and the statutes of the crown. Of the acts and resolves of Congress the office-holders in the county would on some occasions express approbation, and ad- vise obedience to them until the General Assembly should otherwise order. Anon, they would declare that it was well enough for " the Bay Province " to pursue such measures, but " childish" for the people of Cumberland county " to pay any regard to them." A few going a step further, would assert that the King "had a just right to make the revenue acts, for he had a supreme power ;" and would denounce those who said 1775.] THE FEELING IN CUIVIBERLAND COUNIT. 217 differently, as " guilty of high treason." The " good people " were of opinion that men who held such sentiments " were not suitable to rule over them." As has been previously said, the General Assembly of the province had rejected the Association of the Continental Con- gress. On the other hand, the inhabitants of the county had, in open convention, adopted it. By its fourteenth article, they had resolved to have " no trade, commerce, dealings, or inter- course whatsoever, with any colony or province in North Ame- rica " which should not accept of, or which should in the future violate the association, and had promised to hold such as should act thus, " as unworthy of the rights of freemen, and as inimical to the liberties of their country." For these reasons they j udged it " dangerous to trust their hves and fortunes in the hands of such enemies to American liberty," or to allow men who would betray them to rule in their courts of justice. Thus was their deter- mination taken. In duty to God, to themselves, and to their pos- terity, they resolved " to resist and to oppose all authority that would not accede to the resolves of the Continental Congress."^ Such was the state of feeling in Cumberland county immedi- ately previous to the commencement of the Revolution. De- termined to evince by action the principles which they had openly avowed, the Whigs resolved that the administration of justice should no longer remain in the hands of the Tories, and the 14th of March, 1775, the day on which the county court was to convene at Westminster, was fixed upon as the time for cariying into execution their plans. Anxious to free them- selves from the charges of haste and rashness, and to proceed as peaceably as possible, they deemed it prudent to request the judges to stay at home. For this purpose, on the 10th of March, " about forty good, true men" from Rockingham, visit- ed Col. Thomas Chandler, the chief judge, at his residence in Chester. To their expostulations he re- plied that " he be- lieved it would be for the good of the county ^C^ t^Z^ ^ not to have any court, / as things were," but added, that there was one case of murder to be tried, which should be the only business transacted, if • Slade's Vt State Papers, 56. Journals Am. Cong, i 25. {^A^p^yu^ 218 HISTORY OF EASTERN VERMONT. [1775. such was the wish of the people. One of the company then remarked that the sheriff would oppose the people with an armed force, and that there would be bloodshed. The colonel declared, "he would give his word and honor," tliat no arms shoidd be brought against the people, and said that he should be at "Westminster on the day previous to the opening of the court. His visitors informed him that they would wait on him at that time, " if it was his will." He assured them that their presence would be " very agreeable," retui-ned them " hearty thanks" for their civility, and parted with them in a friendly manner. JSToah Sabin, one of the associate judges, firm in the performance of what he deemed his duty, was very desirous that the court should sit as usual. Many of the petty officers of the court were of the same opinion. Samuel Wells, the other associate, was, as representative, in attendance on the General Assembly at New York. Among the leaders of the Whigs there was much debate as to the course they should pursue in carrying their plans into execution. Depending on the statements of Judge Chandler, they at first decided to let the court assemble, and then to lay before it their reasons for not wishing it to sit. But having heard that the Tories were resolved to take possession of the court-house with armed guards, they changed their plans, and determined to precede them in occupation, in order that they might make known their griev- ances before the session should be regularly opened. The intentions of the Whigs soon became known, especially in the southern towns of the county. On Sunday, March ] 2th, the day previous to the night of the " massacre," William Paterson, the High Sheriff, in conformity with the views of Judge Sabin and others, went to Brat- /yY ryr? /^ "7"* — " ^t-vf tleborough, and desired C4/ . ^ ^i^^^-t^^^^^ the people to accompany him on the following day to Westminster, that he might have their assistance in preserv- mg the peace, and in suppressing any tumult that might arise. To his proposal a number assented, and on the 13th, about twenty-five of the inhabitants unarmed, except with clubs, attended him to Westminster. On the' road they were joined by such as were friendly to them, and the destructive power of the company was increased by the addition of fourteen muskets. On the afternoon of the same day, a party of Whigs from Rockingham arrived at Westminster. On theu' way down to 1775.] THE COUKT-HOTJSE OCCUPIED BY THE WHIGS. 219 the Court-house they halted at the house of Capt. Azariah Wright. But the log dwelling in which the captain resided was too small to accommodate them. They therefore repaired to the log school-house, which was situated on the opposite side of the " street," and there entered into a consultation as to the best manner in which they could prevent the court from sitting. Having finished their conference, they armed themselves with sticks, obtained from Capt. Wright's wood-pile, and continued "their march. On their way they were joined by a number of the inhabitants of Westminster, armed like themselves with cudgels, and having gained the point of destination, the whole party numbering nearly a hundred entered the Court-house between the hours of four and five, with a determination to stay there until the next morning, that they might present their grievances to the judges at an early hour, and endeavor to dissuade them from holding the court. Soon after this, and a little before sunset. Sheriff Paterson marched up to the Court- house at the head of a body of sixty or seventy men, some of whom carried "guns, swords, or pistols," and others clubs or sticks. When the sheriff had approached within about five yards of the door, he commanded the "rioters" to disf)erse. To this order the Whigs made no reply. Finding that he should not be able to gain admittance to the building by ordinary means, as the Whigs had placed a strong guard at all the entrances, he caused the " Bang's proclamation" to be read, and ordered the " mob" to depart within fifteen minutes, threatening, in case of refusal, to " blow a lane" through them, wide enough to afford an easy exit for all whom the bullets might spare. Tlie Whigs, in reply, made known their firm determination to remain where they were, but at the same time informed the sheriff' that he and his men might enter without their arms, but on no other condition. At this juncture, one of the Whigs advancing a little from the doorway, turned to the sheriff 's party and asked them " if they were come for war ? " adding, that he and his friends had " come for peace," and should be glad to hold a parley with them. Upon this, Samuel Gale, the Clerk of the Court, drew a pistol, and holding it up, exclaimed, " damn the parley with such damned rascals as you are. I wiU hold n(» parley with such damned rascals but by this," referring to the pistol. Both parties being by this time much exasperated, a wordy rencounter ensued, in whicli the clerk and the sheriff 220 HISTORY OF EASTERN VERMONT. [17Y5. found their equal in tlie tongue of Charles Davenport, a skilful carpenter from the patriotic little village of Dummerston ; for when the Tories informed the " rioters" that they " should be in hell hefore mm^ning^''^ the ready cai-penter repHed, that if the sheriff should ofier to take possession of the Court-house, the Whigs " would send him and aU his men" to the same place ^'' in fifteen minutes.''^ The Tories now drew off a short dis- tance, and seemed to be engaged in consultation. Regarding this as a favorable sign, the Whigs deputized three of their men to treat with them. But they soon returned, wiser only in being assured that they were " damned rascals." About seven o'clock in the evening. Judge Chandler came into the Court-house, and was immediately asked whether he and his associate, Sabin, would consult with a committee of the Whigs as to the expediency of convening the court on the morrow. To this inquiry Chandler replied, that the judges could not enter into a discussion as to " whether his Majesty's business should be done or not, but that if they thouglit them- selves aggrieved, and would apply to them in a proper way, they would give them redress if it was in their power." A conversation then ensued between Chandler and Azariah Wright of Westminster, who for several years had been the captain of the militia of that town, and was now the leader of the Whigs. To the statement that arms had been brought to the Court-house by the Tories, when he had given his word that such an act should not be tolerated. Chandler answered, by acknowledging the truth of what was said, but declared that this proceeding had been without his consent. To prevent an outbreak, he gave his pledge that the Tories should be deprived of their weapons, that the Whigs should " enjoy the house" without molestation until morning, and that the court would then assemble and hear what those who were aggrieved might wish to offer. Having made these promises, he departed. The Whigs thereupon left the house, and chose a committee who di-ew up a schedule of the subjects in regard to which they should demand redress from the court. Tlie report was then read to the company, and was adopted without any dissent. After this Capt. Wright and his associates went, some to their homes, some to the neighboring houses, leaving, however, a guard in the Court-house to give notice in case an attack should be made in the night. The sheriff, that he might increase liis own forces as much as possible, sent word to all 1775.] NORTON S TAVERN. 221 having as- the Tories in the neighborhood to join him without delay, and that he might lessen the power of his opponents, arrested such of the "Whigs as he could take without endangering himself. Meantime the majority of the sheriff's posse sembled at Norton's tavern* — the Royal inn of the village — were holding a con- sultation as to the - ^^"^ course they should pur- sue, and over their punch-bowls, filled in honor of George III., were deciding the fate of the " rebels." Loud- ly they talked of the spirit of anarchy which, originating in the dis- turbances ofthe stamp- ed paper act of 1765, was now culminating in general dissatisfaction. Heated by their angry discussions, and inflamed by their deep potations, they were more than ready to perform the deeds of which the following hours were witness. Nor was their leader dissatisfied to find men so willing to second his murderous intentions. Ceasing from their revelry, they, at the command of the sheriff, left the tavern in small parties, and proceeded stealthily up the hill on whose brow stood the Court-house. Unobserved as they supposed in their approach, they reached the building, and at the hour before midnight presented themselves at its doors, armed, and prepared for action. But the waning moon, tipping their bayonets with her light as they marched, had John Norton's Tavern. * This tavern, which is still standing, was probably built as early as the year 1770, and was kept for many years by its owner, John Norton, who for that period was a man of wealth and influence. He belonged to an Irish-Scotch family, wlio in Ireland were accustomed to write the name MacNaughton. When John removed to Westminster, he omitted the prefix, and changed the orthogra- phy of the surname. After this alteration, nothing would more offend him than to be addressed by his former name. He secretly favored the cause of Great Britain during the Revolution, and was generally regarded as a Tory. Being in conversation with Ethan Allen concerning Universalism at the time of the intro- duction of that doctrine into Vermont, Norton remarked concerning it, "that religion will suit you, will it not, General Allen ? " " No, no," replied Allen, in hifl most contemptuous tone, " for there must be a hell in the other world for the punishment of Tories." 222 HISTOEY OF EASTEKN VERMONT. [iTTo. warned the sentry of their coming, and they now found guards stationed at the doors, ready to dispute with them the passages which they had hoped to find imdefended. Advancing towards the door, the sherifi" demanded entrance in his Majesty's name. His words were without etfect. He then informed the " rioters" that he should enter, quietly if he could, or if necessary, by force, and commanding the posse to follow him, proceeded to do as he had said he would. Having gained the uppermost of the three steps, which from the outside afforded approach to the main door, he was pushed back by the guards stationed to defend it. Recovering, he renewed the attempt, but with no better success than before. To the second repulse were added blows from the clubs of the " rioters," which, though compara- tively harmless, served to exasperate him on whom they fell. The sheriff now ordered his men to fire, and three guns were discharged, yet with so high an aim that the balls passed above the heads of those in the house, and lodged in the upper parts of the rooms. At the second fire the aim was lower, and the sentries were driven from their posts. The assailants having in this manner effected an entrance, pushed forward with " guns, swords, and clubs," and in the quaint words of an eye-witness, " did most cruelly mammoc" such as opposed them. Crowded in the narrow passages of the lower story of the building, on the stairs, and among the benches of the court-room, the hostile parties amid total darkness sustained for a time a hand-to-hand conflict. But the strife was of short duration. The shouts of the sheriff' and his men soon announced that their deadly weapons and superior numbers had given them the victory. Some of the Whigs escaped by a side passage, ten were wounded, two of them mortally, and seven were made prisoners. Of the sheriff' 's posse, two received slight flesh wounds. In the south-west corner of the Court-house, on the lower floor, was a bar-room, arranged most conveniently for those among the "judges, jury-men, and pleaders," who were inclined to be bibacious. Tlie Tories, who immediately before the assault had aroused their courage by copious draughts, not only at the Royal tavern but at this place also, now renewed their drink- ing-bout, being served by the jailor. Pollard Whipple, who also acted in the capacity of bar-tender, and a brawling frolic was kept up until morning. Meanwhile the wounded and suffering prisoners, crowded in two narrow, dungeon-like rooms, destitute of the necessities which their situation demanded, 17T5.] THE STATEifENT OF FACTS. 223 and deprived of light and heat, were compelled during the long and dark watches of the night, to bear the insane taunts of the victors, and listen to their vile abuse. On the morning of the 14th, all was tumult and confusion. The judges, however, opened the court at the appointed hour, but instead of proceeding with business, spent the little time they were together in preparing " a true state of the Facts Exactly as they happened," in the " very melancholy and un- happy affair" of the evening previous. This account, which was in the main fair and impartial, was dated " in open court," and was signed by Tliomas Chandler and Noah Sabin, judges ; Stephen Greenleaf and Benjamin Butterfield, assistant justices; Bildad Andross, justice of the peace ; and Samuel Gale, clerk of the court. It closed with this appeal : — " We humbly sub- mit to every Reasonable Lihabitant, whether his Majesty's courts of justice, the Grand and only security For the life, liberty, and property of the publick, should Be trampled on and Destroyed, whereby said Persons and properties of individuals must at all times be exposed to the Rage of a Riotous and Tumultuous assembly, or whether it Does not Behove Every of his Majesty's Liege subjects Li the said county, to assemble themselves forthwith for the Protection of the Laws, and maintenance of Justice." Public feeling being much excited, the judges did not deem it prudent to call the docket, and adjourned the court until three o'clock in the afternoon. This adjournment was on the same day continued until the June term. But the court had seen its last meeting. Tlie second Tuesday in June came, the judges have never held the session appointed for that occasion. Meanwhile, the Whigs who had been driven from the Court- house by the sheriff's party had not been idle. Messengers were despatched in eveiy direction to carry the news and pro- cure assistance. Dr. Jones, zealous in the cause of liberty, rode hatless to Dummerston, and others performed longer journeys with as little preparation. As in olden times, when the Cross of Fire — the emblem of impending war — was borne from village to village, so now, at the approach of the courier — " In arms the huts and hamlets rise ; From winding glen, from upland brown They poured each hardy tenant down. The fisherman forsook the strand, 224 HISTORY OF EASTERN VERMONT. [1775. The swarthy smith took dirk and brand ; With changed cheer, the mower blithe Left in the half-cut swathe his scythe ; The herds without a keeper strayed. The plough was in mid-furrow stayed ; Prompt at the signal of alarms. Each son of freedom rushed to arms." By noon, more than four hundred persons had assembled iii Westminster, of whom about one-half were from New Hamp- shire. One company from Walpole was commanded by Capt., afterwards Col. Benjamin Bellows, of revolutionary distinction. Capt. Stephen Sargeant brought his company from Kockingham. Guilford furnished an organized band, and the Westminster militia were in full force under their old leader, Azariah Wright. Such a body as this, the adherents of the court were not prepared to encounter. Those of the Whigs who had been imprisoned the night previous, were soon liberated, and before evening the judges with their assistants, and such of their retainers as could be taken, were placed in arrest. Tlie court-room in which they were confined, and which had been the scene of a part of the struggle, presented a spectacle which told but too plainly of the rage which had characterized the actions of the combatants. The benches were broken, and the braces, timbers, and studs of the un- finished room, were cut and battered by the bullets which had been fired by the Tories, after they had obtained entrance into the building. Blood was to be seen in the passages, and the stairs were stained with stifiened gore. Visitors curious to see how judges and justices appeared in prison, were admitted, four or five at a time. As night set in, the darkness seemed to render the Whigs furious. Many who had come from Dummerston and Putney " were instant with loud voices," requiring that the judges should be brought out before them, and compelled to " make acknowledgements to their satisfaction ;" that the Court- house should be pulled down or burned, and that all who had been engaged in " perpetrating the horrid massacre" should be put in irons. Tliey even went so far in their exasperation, as to vow they would fire upon every person they should find in the Court-house, who had participated in the scenes of the pre- ceding night. Tliese inhuman suggestions, although seconded by the leader of the Guilford militia, and winked at by Dr. Jones, met with a strong opposition from Capt. Bellows. Firm in the cause of the people, he did not forget what was 1776.] EXCITEMENT OF THE YEOMANRY. 225 due to justice. Inflexible in his purpose, lie appeared as the guardian of rights, and while he desired the punishment of the prisoners in a legal manner, he took especial care that they should suffer no violence at the hands of infuriated men. The mornino; of the 15th brouo-lit with it a renewal of the scenes and feelings of the day before. In one part of the town, Leonard Spaulding, the Dummerston farmer, who a few months previous had been committed " to the Common goal for high treason against the British tyrant^ George the Third," was busily engaged in examining all persons who he suspected had come to reinforce the sheriff's party. In another quarter, the beating of a drum heralded the approach of Solomon Harvey, " Practi- tioner of Physic," at the head of a body of three hundred men. In the centre walked four of the sheriff 's posse, who had been intercepted on their way home. The whole party halted in front of the Court-house. An investigation was had, which ended more favorably than the poor prisoners had expected. The stern old doctor disarmed them, and dismissed them with a pass signed with his own name, to which was prefixed the title of Colonel. Loud and deep were the curses which the yeomen, as they gathered from hill and valley, poured forth, when they had been correctly informed of what had occurred. Some were anxious to riddle the Court-house with ball, others begged that the sheriff might be placed in their power, so that they might punish him as it should please them. One man, with a de- moniacal grin, declared that " his flesh crawled to be toma- hawking" the prisoners, and frequent was the wish that mur- derers might be treated as such. To the presence of Capt. Bellows the oflicers of the court owed the security which they enjoyed, amid this maelstrom of human passion. A legal inquest having been held on the body of William French, and the guilt of his death having been charged upon the sheriff and some of his party, he and those who were already im- prisoned with him were put in close confinement. On the evening of the same day, Robert Cockran, who had rendered himself conspicuous in being engaged with Ethan Allen in persecuting his Bennington neighbors who had settled under charters from New York, reached Westminster, having left his residence on the other side of the mountains, as soon as he had received information of the movements of the hostile parties. Armed with sword and pistols, he entered the village at the 226 mSTOET OF eastern VERMONT. [1775. head of forty or more of the G-reen Mountain Boys. A year before, Governor Tryon had offered a reward of fifty pounds for his arrest. As he advanced, he tauntingly asked of those who he supposed were favorere of the court party, why they did not take him, and obtain the compensation. In loud tones he declared his intentions of seizing certain men who had aided the sheriff, provided " they continued upon earth," and in an incorrect citation from Scripture, expressed a determination of ascertaining "who was for the Lord, and who was for Balaam." Mrs. Gale having obtained an opportunity of speaking with her husband, was recpiested by him to inform her mother of his imprisonment, and transmit the same information to her father, Col. Wells, and to Crean Brush, who, as representa- tives, were tlien in attendance on the General Assembly in the city of l!^ew York. This message having been delivered to Mrs. "Wells at Brattleborough, she immediately made arrange- ments with Oliver Church of that town, and Joseph Hancock, of Hopkinton, Massachusetts, to act as couriers, and a little after midnight they started on their j ourney.* By the morning of Thursday, the 16th, " five hundred good martial soldiers, well equipped for war," had assembled in Westminster, besides others who had come as private citizens. After consultation, it was decided that some permanent dis- position ought to be made of the prisoners then in jail. In order to satisfy the people who had collected, a large committee was chosen to represent them, which committee was composed both of residents and non-residents of the county. The accused were then examined, and a decree w^as passed that those who had been the leaders in the " massacre" should be confined in the jail at Northampton, Massachusetts, until "they could have a fair trial." Those who were less guilty, were required to give bonds with security to John Hazeltine, to appear at the next court of Oyer and Terminer to be holden in the county, and on these conditions were released. Meantime the town became so much crowded with visitors, that there were not houses or barns sufficient to shelter them, and food enough to support them was with difficulty obtained. It was not until the follow- * They arrived at New York on the following Monday, having been one hun- dred and ten hours in travelling a distance which is now accomplished in an eleventh part of that time. John Griffin, Arad Hunt, and Malachi Chui-ch, were afterwards sent express to the same place with confirmatory information. 1T75.] SKETCHES OF THE LIBERTT-MEN". 227 ing Sunday that preparations could be completed for convey- ing the prisoners down the river. In this interval they were visited by hundreds of those whom they had formerly oppressed, and who, now that their persecutors were bound, were ready to return uj)on them the bitterness which they had so lavishly expended Avhen in power. Regarding the Whigs or Liberty-men w^ho were killed and wounded in the affray, the following facts have been collected. William French,* son of ISTathaniel French, resided in Brattle- borough, but so near the southern line of Dummerston, that he was sometimes claimed as an inhabitant of that town.f In the * Many of the facts in this biographical notice were obtained from the Honor- able Theophilus Crawford, of Putney, who was born at Union, Connecticut, April 25th, 1*764. In the year 1769, his father, James Crawford, moved with his family to Westminster. At that time no large boats ran above Hadley Falls, and the journey thence up the river, was performed in a log boat or canoe. ' On the evening of May 25th, the adventurers made Fort Dummer, in the midst of a heavy rain-storm. This old defence was then inhabited by the French family. As soon as the arrival of the strangers had been made known, William French hurried down to the boat, took the little Theophilus in his arms, and carried him to the fort. Here the young traveller spent the first night of his Vermont life. On reaching Westminster, James Crawford took up his abode in a log building which formerly stood on the site of the residence of John May, Esq., lately deceased. At the time of the " massacre," he lived in the west part of the town. He was present at the burial of French, having previously assisted in laying out the corpse. On the morning after the affray, Luke Kuowlton of New Fane, who was then a favorer of the court faction, set out with eleven others on his return home. Passing along a cross-road leading fromWestminster to New Fane, the party stopped at the house of James Crawford, and asked for something to drink. Mrs. Crawford, whose sentiments were the same as her husband's, replied, " we have no drink for murderers," and refused compliance with the request. Knowlton, who was a polite man, bowed as this answer was given, and went his way, as did his companions theirs, thirsting. Theophilus Crawford was a member of the Council from 1816-1819 ; held the office of sheriff of Windham county in the year 1819 ; received the appointment of delegate to the State Constitutional Convention in 1822; and represented the town of Putney in the Assembly at the session of 1823. His death occurred in January, 1856. f "When, in the year 1*784, Theo.philu8 Crawford was on his way to Guilford to assist in quelling the disturbances which had arisen from the insubordination of the " Yorkers," he stopped at the French house, then " the most north-eastern dwelling in Brattleborough." Mrs. French, who was still living, and in whose mind the remembrance of the loss of her son was still fresh, entreated him not to expose himself to the rage of the enemy, and warned him to shun the dangers which threatened him from the infuriated " Guilfordites." Her fears, though more imaginary in this instance than real, afford a proof of the terror with which she must at all times have regarded the scenes of that March night — a night so fatal to her highest and best expectations. The site of the French house forms a portion of the farm which is now familiarly known as" the Old Wellington Place," and is on the right hand side of what was, a few years ago, the stage road. 228 msTOET OF eastern veemont. [1TT5. census of 1771, liis father's name appears in the lists of botli towns. The people of Brattleborough who lived in his imme- diate neighborhood, Avere mainly favorere of the com*t party, and "some of them were in the sherifi^'sband, that officer being himself an inhabitant of that town." As for young French, his principles were those w^hich he had received from his father.* Finding sympath}^ in the opinions of the liberty- loving people of Dummerston, he generally acted with them on questions relating to the public weal. He held no official station, but appears to have been much esteemed for his bravery and patriotism, " and the treatment he afterwards received from his opponents, sufficiently attests how much they feared his influence." At the time of his death he was not twenty- two years of age. In person, he was of a medium size and stature, and in the words of one who knew him, was esteemed as " a clever, steady, honest, working farmer." He had come to Westminster with a number of others, his companions, in order to obtain and secure w^hat he had before supposed he had a right to demand, namely, the privilege of being governed by sound laws and sound principles, and of restraining the advance of oppression. Being, undoubtedly, more ardent than others in expressing and enforcing his sentiments, he was among the first to attract attention, and in the issue was most mercilessly butchered. He was shot with five bullets in as many different places. One of the balls lodged in the calf of the leg, and another in the thigh. A third striking him in the mouth, broke out several of his teeth. He received the fourth in his forehead, and that which caused his death, entered the brain just behind the ear. In this horrible condition, still alive, he was dragged like a dog- to the jail-room, and thrust in among the well and wounded. So closely was the prison crowded, that those who would have gladly bound up his wounds and spoken peace and consolation to the soul that still lingered in that bleeding and mangled body, were unable to act their wishes. Through the prison doors, his enemies vented their curses upon him, telling him that they wished " there were forty more" in his condition, and shouting to his companions " that they should all be in hell before the next night." "When execration failed, they mocked him as he gasped for the failing breath, and made " sport for * At the Westminster Convention, held February Yth, 1775, Nathaniel French \ras chosen to represent Brattleborough in the Standing Committee of Cor- respondence. 1775.] SKETCHES OF THE LIBERTY-MEN. 229 themselves at liis dying motions." Between the hours of three and four on the next morning, Dr. William Hill, of Westmin- ster, was allowed to visit him ; but assistance had come too late. Death had released the martyr from his sufferings.* On the day after the affray the name of French was on every \ip, and hundreds visited his corpse, anxious to " dip their napkins in his sacred blood ; Yea, beg a hair of him for memory, * Calvin Webb, of Rockingham, whose retentive memory supplied several facts ■which have been, and others Avhich will be recorded, and who was nearly eight- een years old when the events above narrated occurred, has said: " At the time of the Court-house affray, I lived in Westminster, but was not present at the scene. Heard of it the next day from a little man, familiarly known as Hussian Walker, a mighty flax-dresser, who was in the engagement. Soon after this I started off in company with several other youngsters, whose names I have forgotten. Many people were going in the same direction. It was about the middle of the day when I reached the Court-house, and soon after my arrival, I saw the body of French, who had been shot the night before. A sentry was stationed to guard the corpse, as it lay on the jail-room floor. The clothes were still upon it, as in life. The wounds seemed to be mostly about the head ; the mouth was bloody, and the lips were swollen and blubbered." Joshua Webb, the father of Calvin, was for several years a merchant or trader, at Union, Connecticut, but failing in business removed to Ashford, an adjoining town, where he continued a few years, being engaged in paying his debts and settling his affairs. In October, 1765, he came to Westminster, and was employed by the town to teach school the succeeding winter. The house which he occupied was " a large, open building," and the school was probably the first kept in West- minster. In the spring of 1766, having sent for his wife and children, yoimg Calvin among the number, he with them took up his abode in Rockingham, where he resided a year. Displeased with the locality he went back to West- minster, and hired of Col. Benjamin Bellows a tract of land in the north part of the town, which had been previously improved by one Farwell, and is now known as " the Church farm." There he lived ten years. At the expiration of this period, he bought a farm and built him a house at Rockingham, where he lived until his death, which occurred in 1808. He was very active in the forma- tion of the new state of Vermont, and was a member of the Dorset Conventions of September 25th, 1776, and January 15th, 1777. On the latter of these occa- sions, the district, of Vermont was declared free and independent. lie afterwards represented the people of Rockingham in the state Assembly, during the years 1778 and 1783, and was the first clerk of that town. His son Calvin was born at Union, July 31st, 1757, and having removed with his father to the " New Hampshire Grants," became a citizen of Rockingham at the time of his father's removal to that town. Here, he passed the remainder of his life, respected by all who knew him. His death occurred in the year 1854. The assistance obtained from him and acknowledged in this note, was communi- cated in the winter of 1852. Although the narrator was then in his ninety-fifth year, yet his mental faculties appeared unimpaired, and the vividness with which he would describe the scenes of his youth, bore evidence to the strength of the impressions which the mind receives in its early freshness. 230 HISTORY OF EASTERN VERMONT. [1775. And, dying, mention it within their wills, Bequeathing it, as a rich legacy," Unto their issue." Although the courts had been stopped, yet the spmt of law had not fled from the county. A coroner's jury was assembled to inquire into the cause of the death of French, and the pro- ceedings on that occasion were conducted in the most solemn and deliberate manner. The original report of the investiga- tion is still preserved, and is in these words : — " JSTew York Cumberland County. An Inquision* In- dented & Taken at "Westminster the fifteenth Day of March one Thousand Seven Hundred and Seventy five before me Tim° Olcott Gent one of the Corroners of the County afore Said upon the Veiw of the Body of William French then and there Lying Dead upon the oaths of Tho* Amsden John Avorll Joseph Pierce Natha^' Robertson Edward lioton Michal Law George Earll Daniel Jewet Zachriah Gilson Ezra Robenson Nathaniel Davis Kathaniel DoubleDee John Wise Silas Burk Eliliue Newel Alex^ Pammerly Joseph Fuller Good and Lawfull men of the County afore Said who being Sworn to En- quire on the part of our Said Lord the King when where how and after what manner the Said W™ French Came to his Death Do Sa,y upon their oaths that on the thirteenth Day of March Instant William Paterson Esqr Mark Langdon Cristo- plier Orsgood Benjamin Gorton Samuel Night and others un- known to them assisting with force and arms made an assalt on the Body of the Said W™ French and Shot him Tlirough the Head with a Bullet of which wound he Died and Not Otherways in witness where of the Coroner as well as the Juryors have to this Liquision put their hands and Seals att the place afore Said." On the same day, he was buried with militaiy honors, his funeral being attended by all the militia of the sm-rounding country, who paid their final adieu to the ennobled dead in the salute which they fired above his grave. The smoke rolled oif from the freshly turned earth, and, as the thunder of the mus- ketry echoed over the beautiful plains of Westminster and reverberating among the distant hills, finally died away into silence ; those determined men who had gathered at the sepul- * Inquisition was intended, same as inquest. 1YT5.] SKETCHES OF TEE LIBERTY-MEN. 231 ture of the first victim to American Liberty and the principles of freedom, vowed to avenge the wrongs of their oppressed comitry, and kindled in imagination the torch of war, Avhich so soon after blazed like a beacon-light at Lexington and Bunker mil. Daniel Honghton, who was mortally wounded during the " massacre," came originally from Petersham, Massachusetts, and previous to his death was a resident of Dummerston. The idea was general, for a time, that he would recover from his injuries, and it is for this reason that his name is not oftener found in connection with that of French, But in the records of Dummerston, the " murthering of WilUam French and Daniel Houghton " is spoken of as an article of history, which was then received without doubt or disagreement, and in the account of a meeting held in that town on the 6th of April, less than a month after the event, is a memorandum of a committee who were appointed to "go to Westminster there to meet other committees, to consult on the best methods for dealing with the inhuman and unprovoked murtherers of William French and Daniel Houghton." Houghton, who was wounded in the body, survived only nine days.* He was buried in the old grave- yard at Westminster, not far from the last resting-place of French. For many years there was a stone, shai^eless and unhewn, which marked the spot where he lay ; but even this slight memorial has at length disappeared from its place, and no one can now mark with accuracy the locality of his grave. Jonathan Knight, of Dummerston, received a charge in the right shoulder, and for more than thirty years carried one of the buck-shot in his body. One White, of Rockingham, was severely wounded in the knee by a ball, and was in consequence for a long time incapacitated for labor.f Philip SafFord, a lieutenant of the Kockingham militia, was in the Court-house at the time the attack was made. Most of the Whigs who were in his situa- tion fled by a side entrance after a short conflict with their * Houghton died at Westminster in a house situated a little northwest of the Court-house, and but a short distance from it. It was then occupied by Eleazer Harlow. Most of those who were wounded were taken to the house of Azariah Wright, and were treated witli the most careful consideration by the patriotic captain. f After remaining three months at Capt. Wright's house, he was taken to the river on a litter, and was conveyed by water to some place where he could obtain the services of a more skilful physician than was to be had at Westmin- Bte' 232 HISTORY OF EASTERN VERMONT. [1775. Opponents. But lie, determined to depart by a more honorable passage, sallied out at the main door, bludgeon in hand, knocked down eight or ten who endeavored to arrest him, and received in return several severe cuts on the head from a sabre wielded by Sheriff Patterson. From a deposition made before the Conncil of New York, by Oliver Church and Joseph Hancock, the messengers who bore the news of the " massacre" southward, it would appear that, after the first volley from the sheriff's party, for the purpose of intimidating the "rioters," the' latter returned the tire from the Court-house ; that " one of their Balls entered the Cuff of the Coat of Benjamin Butterfield, Esquire, one of his Majesty's Justices of the Peace for the said County of Cumberland, which went out of the elbow without hurting him, and another went through his Coat Sleeve and just grazed the skin. That a pistol was discharged by one of the Rioters at Benjamin Butterfield, the Son of the above named Justice Butterfield, so near that the Powder burnt a lai'ge hole in the breast of his Coat, and one William Williams received a large wound in the head by one of the Balls discharged by the said Pioters." Another deposition made by John Grilfin, contains a declaration that " the Rioters returned a Discharge of Guns or Pistols on their part," and in the statement of the judges, it is asserted that the " rioters fought Violently with their clubs, and fired some few fire-arms at tlie Posse, by which Mr. Justice Butterfield received a slight shot in the arm, and another of the Posse received a slight shot in the head with Pistol Bullets." The account of one of the newspapers* of the time, is, that the first fire of the sheriff's posse " was immediately retm-ned from the Court-house, by wdiich one of the Magistrates was slightly wounded, and another person shot through his clothes." In another,f it is recorded that " the rioters fired once or twice on the sheriff's party, but did no damage." As opposed to a part of these assertions, the Whigs declared that they had no fire-arms at the time of the attack, and this statement is substantiated by eye-witnesses, some of whom were, until within a few years, alive, and by a sufficient amount of unbiased evidence. That some of the Court party were wounded in the aftray, there is no doubt; but the injuries they received, except those " inflicted by bludgeons," were from * New York Journal, or Oeneral Advertiser: Thursday, March 23d, 1775, f Essex Gazette, Salem, Massachusetts; vol. vii., March 14th-2l8t, 1776. 1775.] TORY DEPOSITIONS. 233 tlieir own friends. The figlit, it will be remembered, was car- ried on in darkness. To explain tliis contradiction in regard to the use of fire-arms by the Whigs, and to furnish a clue to all the other discrepancies which appear in the naiTations of the opposing parties, a knowledge of accompanying circumstances is alone requisite. The newspaper press, controlled by those favor- able to royal government, and opposed to revolutionary action, sided with the supporters of established law, regardless of its corrupt administration, and concealed or misrepresented the true causes which were forcing the lovers of liberty throughout the colonies to throw off the burdens which were oppressing them. The depositions, although given under oath, had been previously supervised by the Tory representatives in the Legislature of New York from Cumberland county, and were, no doubt, colored by them in such a manner as to make the cause of the Whigs appear in its worst light. Men, most violent in the measures which they were ready to adopt to suppress the first outbreathings of Hberty and right, were not those who would scruple to exaggerate and falsify in order to achieve the ends tliey had proposed.* * As testimony corroborative of the position assumed in the text, the following extracts from printed and MS. documents and verbal relations, are presented. In the report of the committee who were chosen by the people of Cumberland county and others, to prepare an account of the affray, occur these words : " We, in the house, had not any weapons of war among us, and were determined that they [the sheriff and his posse] should not come in with their weapons of war, except by the force of them." The testimony of Theophilus Crawford was, that " the Whigs had not so much as a pistol among them," and in proof of the state of feeling previous to the fight, he declared that " a man named Gates, of Dum- merstou, started for Westminster, armed with a sword," and that " the people would not let him proceed until he had laid aside the offensive weapon." To the same effect Calvin W^ebb. " The liberty men had no guns when they first came, but after French was killed, they went home and got them." Azariah Wright, a grandson of the sturdy captain of the same name, who was so active in the cause of the sons of freedom, has written to the author, by the dictation of his father, Salmon Wright, who, a lad of twelve or thirteen, was present at the burial of French, in these words : " There were no arms carried by the liberty party, except clubs which were obtained by the Rockingham Company at my grand- father's wood-pile. There were no Tories wounded, save those knocked down by the club of Philip SafFord." When questioned with reference to the asser- tions of Hancock and Church, his language, dictated as before, was this: "In regard to the statements in the Tory depositions, father says they are all fudge ! that there were no weapons carried or used by the liberty men, except the afore-mentioned clubs. This is a fixed fact." Additional proof might be accu- mulated ; but it is probable that enough has been said to satisfy the reader that the only weapons, offensive or defensive, carried by the Whigs, were clubs and staves. 234: HISTOEY OF EASTERN YEEMONT. [1775. As furnishing tlie less important incidents connected with the affray, tradition affirms, that a certain Joseph Temple of Dum- merston, carried his food in a quart pewter basin, which, placed in a kind of a knapsack, was strapped over his shoulders. During the firing the basin was struck twice by the bullets, which left their marks upon it but did not perforate it, and its owner escaped unhurt. This novel life-preserver was kept in the family of his descendants for many years, but finally found its way to that place of deposit of articles valuable for their antiquity, the cart of a tin pedlar. Another brave man of the same town, hight John Hooker, escaped with the loss of the soles of his boots, which were raked off by a chance shot from the enemy. But the discomfiture was only temporary ; the art of the shoemaker was potent to restore the wanting portions, and the boots were afterwards worn by their owner with feelings of pride and satisfaction. Many a man more distinguished but less valiant than John Hooker, has in the time of battle found safety in trusting to his soles, and that, too, in a manner not one half as honorable ! To dignify the events of the 13th of March, the Muses were not ashamed to lend their assistance. The following lines, ex- humed from the brain of an old man, where they had slept undisturbed for more than three quarters of a century, aftbrd not only a rare specimen of Hipponactic composition, but, as far as they go, contain a spirited and concise accoimt of the affray.* " March y« thirteentli, in Westminster there "was a dismal clamor, A mob containing five hundred men, they came in a riotous manner, Swearing the courts they should not set, not even to adjournment, But for fear of the Sheriff and his valiant men, they for their fire-arms sent * These lines are supposed to have been the production of John Arms, a young man "who resided in Brattleborough, and who was a favorer of the Court party. They were communicated orally by Calvin Webb, of whom mention has been already made. Regarding them as expressing the sentiments of an opposer of the " mob," the eleventh verse furnishes another proof that stout cudgels were the only weapons wliich the mob carried. Arms is said to have possessed mental qualities of no mean order. Physically, he was not strong, and died young. By a vote of the Council of Vermont passed June 15th, 1782, it appears that John Arms of Brattleborough, who, at the age of fifteen, in the year 1775, joined the " enemies of this and other American States," and afterwards returned and asked pardon, was forgiven " and restored to the privileges of the State " on taking the oath of allegiance. The person referred to in this vote, and the poet of the "Westminster Massacre," are supposed to be identical 1TT5.] THOMAS CHAiSTDLER, JE. 235 The Protestants that stood by the law, they aJl came here -well armed ; They demanded the house which was their own, of which they were debarred. The Sheriff then drew off his men to consult upon the matter, How he might best enter the house and not to make a slaughter. The Sheriff then di'ew up his men in order for a battle, And told them for to leave the house or they should feel his bullets rattle. But tliey resisted with their clubs until the Sheriff fired, Tlien with surprise and doleful cries they all with haste retired. Our valiant men entered the house, not in the least confounded. And cleared the rooms of every one, exce^it of those who were wounded." irt of the ■ -^ Thomas /W _j^ /* ->/^ • Junior //l^^-ryp^^ ~\P-^Ui>^^^^teyp- "With one exception the officers of the Court were opposed to any interference on the part of the people. Chandler Junior, one of the assis- tant justices and a son of the chief judge, held views repugnant to those of his colleagues and superiors. On the day of the outbreak, a large body of the inhabitants of Chester having started to go to Westminster. Chandler was questioned as to the object of their journey. In reply, he stated that they had gone " to petition the Inferior Court of Common Pleas not to sit or proceed on business." Being asked whether it would not have been better had a com- mittee been delegated to proHer the request of the people, he answered, that if those who had gone committed no violence, they could not be indicted for riot, and further remarked, that the court ought not to sit because " the attorneys vexed the People with a multiplicity of suits," the " sheriff of the County was undeserving to hold his office," and " had bad men for his deputies." He also gave it as his opinion, that if the court should attempt to proceed on "business of a civil nature," the people would put a period to the session. So thoroughly was he convinced of the injustice and petty tyranny that had attended the administration of law, that he was " very zealous " that the people should apply the remedies which they subse- quently used with so much effect.* Of the court party who had been imprisoned, Thomas Chan- dler, the chief judge, Bildad Easton, a deputy sheriff, Capt. Benjamin Burt, Thomas Sergeant, Oliver Wells, Joseph Willard, * MS. deposition of Elijah Grout, relative to Thomas Chandler, Jr. 236 HISTORY OF EASTERN VEEMONT. [1775. and Jolin Morse, were released on the 17th, having given bonds with security to John Hazeltine, to appear and take their trial at such time as should be appointed. Thomas Ellis, against whom no charge was found, was set at liberty, unconditioned ; Noah Sabin, one of the side judges, Benjamin Butterfield, an assistant justice, William Willard, a justice of the peace, "William Pater- son, the high sheriff, Samuel Gale, the clerk, Benjamin Gorton, a deputy sheriff, Kichard Hill, William Williams, and one Cun- ningham, were, by a vote of the committee of the people, reserved for confinement in the jaol at Northampton, Massachu- setts. On Sunday the 19th, these nine prisoners set out on their march, being attended by a guard of twenty-five men under the command of Robert Cockran, and by an equal number of men from New Hampshire, led by a certain Capt. Butterfield, an inhabitant of that province. Having reached Northampton on the 23d, they were there imprisoned, and re- mained in durance nearly two weeks. A paragraph in a New York paper of this period, declared that " the gentlemen who had fallen into the hands of the insur- gents " were to be removed by virtue of a writ of habeas corpus from Northampton to that city, where they woidd be " regularly tried in order to their enlargement." On the 3d of May, they had reached New York, but it is not probable that the offences with which they were charged were ever subjected to a legal investigation. The war of the He volution had now become a reality, and the causes which produced it began to be merged in the results to which those causes had given birth.* The news of the affray reached New York on the 21st of March, through the medium of the expresses, Chm-ch and Han- cock. Tlie Council were immediately summoned, and were in- formed by Lieutenant-Governor Coldeu, that " violent Outrages and Disorders" had lately happened in Cumberland county. At his desire, Samuel Wells and Crean Brush were called in, who repeated the statements they had received. By the advice of the Council, the messengers were directed to embody their ac- count in the form of depositions, and the Lieutenant-Governor was requested to send the depositions to the General Assembl}' then in session, together with a message " warmly m-ging them to proceed immediately to the consideration" of such measures * New York Gazette, Monday, April 10th, 1775. 1775.] MESSAGE FROM THE LIEUTENAJSTT-GOVEKNOK. 237 as would prevent the recurrence of " Evils of so Alarming a ISTature," and bring "tlie principal Aiders and Abettors of such V^iolent Outrages to Condign Punishment." The depositions were prepared on the 22d, and having been witnessed by Daniel Horsmanden, the secretary of the pro- vince, were sent on the 23d to the General Assembly, accompa- nied by a message from the Lieutenant-Governor, of which the following is a copy : — " Gentle:me:jt : You wiU see, with just indignation, from the papei's I have ordered tx) be laid before you, the dangerous state of anarchy and confusion which has lately arisen in Cumber- land county, as well as the httle respect which has been paid to the provisions of the Legislature, at their last sessions, for sup- pressing the disorders which have for some time greatly dis- turbed the north-eastern districts of the county of Albany and part of the county of Charlotte,* " You are called upon, gentlemen, by every motive of duty, prudence, policy, and humanity, to assist me in applying the remedy proper for a case so dangerous and alarming. " The neghgenoe of government will ever produce a contempt of authority, and by fostering a spirit of disobedience, compel, in the sequel, to greater severity. It wiU therefore be found to be not only true benevolence, but also real frugality, to resist these enormities at their commencement ; and I am pei-suaded, from your known regard to the dignity of government, and your humanity to the distressed, that you will readily strengthen the hands of civil authority, and enable me to extend the suc- cour and support which are necessary for the relief and protec- tion of his Majesty's suffering and obedient subjects, the vindi- cation of the honour, and the promotion of the peace and felicity of the colony." Tlie message, and the papers connected with it, were referred to the consideration of a committee of the whole house. On the 30th, the house resolved itself into a committee of that nature. The message and depositions were again read, and the witnesses were re-examined. By a vote of fourteen to nine, the committee advised that a provision should be made " to enable the inhabit- * Reference is had to a series of outrages -which had been committed on the New york settlers residing west of the Green Mountains, by Ethan Allen, Seth Warner, and the " Bennington Mob," as they and their adherents were termed. See Doc. Hist. N. Y., iv. 891-903. 238 HISTORY OF EASTEEN ^^EKMONT. [17Y5. ants of the county of Cuni'l>erland to reinstate and maintain the due administration of justice in that county, and for the sup- pression of riots." The Speaker having resumed the chair, the chairman of the committee presented his report, whereupon Crean Brush moved, " that the sum of one thousand pounds be granted to his majesty, to be appHedfor the purposes enume- rated in the rejDort." A stirring debate ensued, but the mo- tion was finally carried, twelve voting for and ten against it Every Whig member present, and several of the ministerial party, voted against the measure, and in the majority of two the vote of the Speaker was included. On the 3d of April, the last day of the last session of the Ge- neral Assembly of the province of New York, the Treasurer of the Colony, on a warrant from the Lieutenant-Governor or the Commander-in-Chief, and by the advice of the Council, was directed to pay the sum which had been voted for the benefit of the people of the county. Soon after this appropriation had been made, some of the officers of the court presented an account of the expenses which had been incurred by them and persons in their employ, in suppressing the disturbances in the month of March previous. By an order of the Council, the sum of one hundred and ninety-twp pounds nineteen shillings and one farthing, the amount claimed, was paid to Samuel "Wells, Wil- liam Paterson, and Samuel Gale. This was the first draft made upon the funds which had been set apart for such purposes. Although a few of the sufterers were reimbursed by the appro- priation, yet the general effect upon the county, as far as the control of the conduct of the inhabitants was concerned, was scarcely perceptible. Li presenting to Lord Dartmouth an account of his official conduct, contained in a report dated April 5th, Lieutenant- Governor Colden referred to the course he had pursued in endeavoring to protect the rights of the crown in Cumberland county, in these words : " It was necessary for me, my Lord, to call upon the Assembly for aid, to reinstate the authority of government in that county, and to bring the atrocious offend- ers to punishment. They have given but one thousand pounds for this purpose, which is much too small a sum ; but the party in the Assembly who have opposed every measure that has a tendency to strengthen or support government, by working on the parsimonious disposition of some of the country members, had too much influence on this occasion. I am now 1775.] LiEUT.-Gov. colden's dispatches. 239 waiting for an answer from General Gage, to whom I have wrote on this affair in Cumberland. By his assistance I hope I shall soon be able' to hold a court of Oyer and Terminer in that county, where I am assured there are some hundreds of the inhabitants well affected to government ; and that if the debts of the people who have been concerned in this outrage, were all paid, there would not be a sixpence of property left among them." In answer to the request of Golden, it was commonly reported at the time, that Gage, who was then at Boston, sent a number of arms to ]!^ew York by a vessel named " the King's Fisher." "Whatever may have been the fact, " the affair at Lexington" diverted the attention of government from the proposed method of re-establishing the authority of the crown in the interior of the province, and led to a different disposition of the bayonets, at whose point obedience and submission were to have been secured.* Liasmuch as the inhabitants of Bemiington and the vicinity who held under New Hampshire, had for some years previous been engaged in quarrels with the New York settlers, there are those who have supposed that the doings at "Westminster must have originated in disputes regarding the titles of land. This opinion is very erroneous. Less than a month from the time of the affray. Golden, in his official dispatches to Lord Dartmouth, commenced an account of the " dangerous insurrec- tion," by declaring that a number of people in Cumberland county had been worked up by the example and influence of Massachusetts Bay, " to such a degree, that they had embraced the dangerous resolution of shutting up the courts of justice." After a concise description of attending circumstances, he con- cluded in these words : " It is proper your Lordship should be informed, that the inhabitants of Cumberland comity have not been made uneasy by any dispute about the Title of their Lands. Tliose who have not obtained Grants under this govermn*, live in quiet possession under the gi*ants formerly made by Kew Hampshire. The Rioters have not pretended any such pretext for their conduct. The example of Massachusetts Bay is the only reason they have assigned. Yet I make no doubt they will be joined by the Bennington Rioters, who wiU endeavor to * London Documents, in office Sec. State K Y., vol xlv. Doc. Hist. N. Y. iv. 915. 240 HISTOET OF EASTERN VEKMOKT. [1Y75. make one common cause of it, tliougli the j have no connection but in their violence to Government." An opinion like this, and from such a source, is sufficient to show that the causes which incited the " Benning-ion MoL" to deeds of violence, were in no respect identical with those which determined the people of Cumber- land county to prevent the sittings of the court. The events of the 13 th of March have been styled in these pages a mob, a riot, and an aiFray, names chosen by the crown adherents to express their idea of the nature of the transactions of that day. The term " massacre" was the more dignified title employed by the Whigs to convey their own notions of the same proceedings. A more correct conception is conveyed in the wor^ insurrection. The people rose against civil and political authority, and in so doing were justified on principles which do not admit of dispute. An examination of facts will show that in the history of Cumberland county — a type of the history of the colonies — there were present the three conditions wliich alone can justify an insurrection. First, there was oppression on the part of the government against which resist- ance was finally made ; secondly, every peaceable means, by petitions and remonstrances, for removmg this oppression, had been tried, but in vain ; thirdly, forcible measures were not resorted to until the probability of success had become so strong as to amount, for the time being, almost to a certainty. Trusting thus to the justice of their cause, and to the favor of Him who is ever ready to succor the opj)ressed, these deter- mined men resolved to acliieve for themselves the bless- ings of independence, and laid the foundations of those in- stitutions which are the characteristics of a republican govern- ment. In claiming for William French the title of the proto-martyr to the cause of American Hberty and of the Revolution, it may chance that but few will be found wihing to allow him such an honor. Lexington and Concord point with pride to their battle- grounds, and Charlestown boasts of her Bunker HiU, on whose top towers the symbol of our national strength, the j)ersonifica- tion of the genius of America. But amid these noble memories it should never be forgotten, that on the plains of Westminster the cause of freedom received its firet victim, and that in his grave were buried all hopes of reconciliation with the mother country. When the Grecian warrior consulted the oracle at Delphi, 1775.] THE PROTO-MAKTTB OF THE KEVOLUTION. 241 wishing to know whether the Athenians or Spartans would con- quer in battle, the priestess gave answer that the army would be victorious in which a soldier was first slain ; for she well knew that his comrades would not tire in the struggle until the death of the first martyr had been avenged by the defeat of his and his country's foes. And thus, when on the side of Liberty and the American Colonies the proto-martyr fell, every wound in his body became a mouth which called for vengeance, and from every drop of blood there sprang forth a hero, not in embryo, but armed, to battle bravely for his country.* • 8ee Appendix I. CHAPTEE X. THE FIRST TEARS OF THE BEVOLUTION. The " Friends of Liberty" — Patriotism of the " Guilfordites" — ^The 'Westminster Resolutions — The New York Provincial Congress — " County Congress " at Westminster — Deputies from Cumberland County — Proceedings in Gloucester County — Town Associations in Behalf of Freedom — Etforts to Increase the Military Force of New York — Convention at Westminster — The Militia of Cumberland and Gloucester Counties — Troubles Incident to the Choice of Officers — Eiforts to allay Discontent — Dorset Convention — Loan from the Pro- vincial Congress — Jacob Bayley chosen Bi'igadier-General — Methods of Govern- ment adopted in the absence of Fixed Laws — Powers of the Committee of Safety of Cumberland County — Instructions to Delegates — Letter to the New York Provincial Congress — July Meeting of Cumberland County Committee of Safety — Name of New York Provincial Congress changed — Supplies of Gun- powder, Lead, and Flints — Value of Lead — Rangers — Joab Hoisiiigton's Com- mission as Major of the Rangers — Under-Officers Nominated — Proposition to make the " Grants" a Separate District — Views of the Inhabitants of Cumber- land County on the Subject — Stevens and Sessions'? Declarations in the New York Convention — Report upon the Condition of Cumberland County — Pre- parations to meet Gen. Carleton — Divisions in the Cimiberland County Com- mittee of Safety — ^Separation from New York inevitable. The events of the 13th of March were an expression of the dishke of the majority of the inhabitants of Cumberland county to the pohcy of Great Britain, The determination mani- fested on that occasion they were not prepared to alter in the least, unless sufficient reason for a change should be given. The governmental representatives of the mother country on their part evinced no conciliatory disposition, and, thenceforth, oppo- sition to oppression was the guiding principle of the " Friends of Liberty." Meetings were held in many of the larger towns, at which the conduct of those who had been prominent in stopping the courts at Westminster was highly applauded. A spirit of hearty cooperation, the earnest of success, was eveiy- where apparent. Though the path of revolution was often- 1775.] PATRIOTISM OF THE " GUILFOEDITES." 243 times shrouded iu darkness, yet, from that period, each step iu it was a step forward. On the 28th of March, the people of Guilford assembled in town meeting and manifested their willingness to remain under the jurisdiction of New York, by voting that they would " be subject to the laws of that government" to which they had been annexed by the Crown. At the same time they directed the town committee of safety to decide whether those who had received commissions from Governor Try on should retain or resign them. On the 7th of April the subject was taken from the hands of the committee, and the holders of the obnoxious commissions were desired to return them, or declare their prin- ciples in such a manner as would leave no doubt of their posi- tion.* Concert and expeditiousness in action were then, as now, regarded as the secrets of success. It was the acknowledgment of this truth that led the " Guilfordites" to guard against internal division and petty strife. " We recommend to the inhabitants of this town," said they, " that they take all proper measures for unity one with another, and that no man cast any reflections one upon another, which will surely create discord and disagreement ; and, by dividing, we shall surely come to destruction." " We recommend to the people as aforesaid, that every person hold himself in an habitual and actual readiness on any emergency whatsoever ; and every man to appear at a minute's warning, and then and there choose oflicers to lead us, according to the instruction of our elders and committee."! Tlie influence of Ethan Allen and his followers, which in Bennington and the vicinity had led the settlers under New Hampshire titles to maltreat those who held grants from New York, began now to exert its effect on the other side of the Green mountains. At a meeting of committees from Cumber- land and Gloucester counties, held at Westminster on the 11th of April, resolutions were passed which bore evidences of disaf- fection towards the colonial government of New York. It is * " Voted, that we recommend to all those Persons in this Town who have re- ceived Commissions under Governor Tryon, that they Resign said Commissions, or Erase their names out of a Certain Covenant, Signed by the body of the People, to mitigate or Soften the minds of the People." — ^Votes and Proceedings of the Town of Guilford, 17Y5, in Brattleborough Semi- Weekly Eagle, Thursday, June 20th, 1850. f These recommendations were passed on the 20th of April. On the 3d of May following, the people assembled again in town meeting, and completed the organization of the town militia, by the appointment of officers. 244 HISTORY OF EASTERN VERMONT. [1775. " our opinion," these committees declared, " that our inhabit- ants arc in great danger of having their property unjustly, cruelly, and unconstitutionally taken from them by the arbitrary and designing administration of the government of New York, sundry instances having already taken place ; that the lives of those inhabitants are in the utmost hazard and imminent dano-er under the present administration, witness the malicious and horrid massacre of the 13 th ultimo ; that it is the duty of said inliabitants, as predicated on the eternal and immutable law of self-preservation, to wholly renounce and resist the administra- tion of the government of New York, till such time as the lives and property of those inhabitants may be secured by it, or till such time as they can have opportunity to lay their grievances before his most gracious Majesty in Council, together with a proper remonstrance against the unjustifiable conduct of that government, with an humble petition to be taken out of so op- pressive a jurisdiction, and either annexed to some other govern- ment or erected and incoi-porated into a new one, as may appear best to the said inhabitants, to the royal wisdom and clemency, and till such time as his Majesty shall settle this controversy." In connection with these proceedings Col. John Hazeltine, Charles Phelps, and Cob Ethan Allen were appointed to pre- pare a remonstrance and petition embodying the sentiments entertained by the committees. Such was the action of the con- vention on this occasion- But when, in the course of the fol- lowing months, it was ascertained that all the provinces were in a similar situation on account of the tyranny of Great Britain, the inhabitants of the two counties willingly jomed with the rest of the inhabitants of New York in aggressive and repulsive endeavor ; and it was not until the idea of forming the New Hampshire Grants into an independent state, had seized upon the mass of the community, that they ceased to cooperate with the province to which they rightly belonged. Even then there were some who considered themselves as subjects of New York, and these, through many years of confiscation and statutory inhibition, maintained with sacredness their allegiance to that state.* In conformity with the course adopted in most of the colonies, a Provincial Convention was held in the city of New York, on the 20th of April, at which delegates from nine counties were * Slade's Vt. State Papers, p. 60, American Archives, Fourth Series, 1115, ToL ii coL 315. 1775.] THE NEW TOKK PKOVIN'CIAL C0NGEES8. 245 in attendance. Cumberland and Gloucester were not repre- sented. Tlie session lasted tkree days. Soon after its close circular letters were dispatched to all the counties in the pro- vince, notifying the project of establishiog a Provincial Congress. Pursuant to this call, deputies from different parts of the pro- \dnce assembled at the Exchange in the city of E'ew York, on tlie 22d of May, and on the following day a Provincial Congress was formed, and Peter Yan Brugh Livingston was elected presi- dent. Owing, in a measure, to the sparseness of population, the inhabitants of Cumberland had been delayed in sending dele- gates to the Convention. For the purpose of obviating any trouble which might ensne from this neglect, a " County Con- gress" was convoked at "Westminster, on the 6th of June.'* Col. Hazeltine, who was chairman on this occasion, stated that it was the desire of the committee of correspondence in the city of New York to know fully the sentiments of the inhabit- ants of the county " with regard to the hostile measures that are using by the British Parliament to enforce the late cruel, unjust, and oppressive acts of the said British Parliament through the British Colonies in America." In answer to this inquiry, the convention, expressing " the voice of the people," declared by their resolutions the illegality of the acts of parliament which had been lately passed in order to raise a revenue in America, and denounced them as opposed to the Bill of Rights and to a fundamental principle of the British Constitution, which did not allow any person to be deprived of his property without his consent, unless he had previously for- feited it by liis misdeeds. They also resolved, in conjunction with their brethren in America, to " resist and oppose" these obnoxious acts at the expense of their " lives and fortunes" and " to the last extremity," provided duty to God and their coun- try should require it. Tliey expressed their acquiescence in the conduct of their friends in the city of New York, and agreed * At a previous session of the " Congress," held at Westminster, James Clay, John Barrett, Solomon Phelps, and Elkanah Day had been appointed a coniinittee to examine into the monetary affairs of the county. In their report, rendered on the 4th of June, they stated that it would be necessary for those towns which were yet in arrears to pay up their tax«s " in order to do justice to the treasurer, Ben- jamin Burt, and committee for building the court-house and jail." " The good people of the county," observe the committee, " may rely upon it, that said money to be collected, will not go to satisfie the demands of Samuel Wells and Crean Brush, Esquires, but it will be put to the real interest of the county, in paying its juflt debts." 24:6 HISTORY OF EASTERN VERMONT. [1775. to abide by the principles wliicli they had taken as a basis of action. In view of the " very broken situation" of the county, as regarded civil authority, they asked for advice from the Pro- vincial Congress, touching the measures which would be potent in restoring " order and regularity." Owing to their defence- less condition, and the inefficiency consequent thereupon, they desired that arms and ammunition might be given them. " We have," said they, " many brave soldiers, but, unhappily for us, we have nothing to fight with." As a full endorsement of the efibrts which were then being made to establish concerted action. Col. John Hazeltine of Townshend, Dr. Paul Spooner of Hertford, and Maj. William Wilhams of Westminster, were chosen delegates to represent the county in the New York Pro- vincial Congress.* Soon after their appointment they proceeded to New York to engage in the idnties incident to their position. Tliey were the bearers of a letter from Col. Hazeltine containing an account of the late " Congress." This communication, fraught with jDatri- otic sentiments, was written in behalf of the committees who had assembled at Westminster, and was directed to Peter Yan Brugh Livingston, the president of the Provincial Congress. One of its paragraphs was in these words: — "We detest and abhor these arbitrary, tyi'annick, and sanguinaiy measures, which the British Parliament are most industriously pursuing against the American Colonies, in order to dragoon them into compli- ance with certain late detestable acts of Parliament replete with horrour, and repugnant to every idea of British freedom, and which have a direct tendency to reduce the free and brave Americans into a state of the most abject slavery and vassal- age." " You may rely upon it," observed the patriotic writer, in closing, "that our people in general are S2:>irited, resolute, and active in the defence of our dear-bought rights and liber- ties, and will not flinch, if called, generously to spill our blood to oppose and resist ministerial tyranny and oppression." Another letter entrusted to the delegates contained an offer from Maj. William Williams, Ma,]. Benjamin Wait, and Capt. Joab Iloisington, the last two of Windsor, to serve respectively as Colonel, Lieutenant-Colonel, and Major of a regiment of militia. " Glowing with true martial ardour, and willing, with * Journal K Y. Prov. Cong., i. 1, 5, '7. Am. Arch., Fourth Series, 1775, voL ii. cols. 351, 918, 919, 12-11, 1242. Credentials of Delegates, in office Sec. State, N. Y., 1775, p. 103. 1775.] THE IsTJW YORK PKOYINCIAL CONGRESS. 247 the utmost clieerfnlness and alacrity, to iinslieath the sword in defence of the lives and properties of the good people" of the " ancient and truly respectable patriotick colony of New York ;" seeing also that hostilities had already commenced, and that the sword had been actually drawn, they advised the formation of a regiment " of good, active, enterj)rising soldiers," in order " to keep under proper subjection regulars, Roman Catholicks, and the savages at the northward," and to defend their own rights and privileges "against ministerial tyranny and oppression." In case they should receive the appointments for which they sought in the proposed regiment, they promised to be "entirely under the command and order of the Provincial Congress," and flattered themselves that in such a position they would prove useful instruments in serving the " ancient and honourable colony of New York."* Soon after the circular letter of the Provincial Convention of New York was received in Gloucester county, the people assembled and chose Jacob Bayley of Newbury to represent them in the Provincial Congress. On the 29th of June Bayley informed the Congress by letter that, on account of the great distance between Newbury and New York, and the exposed situation of the northern settlements, his friends did not deem it proper for him to attend the session until they should be " prepared to meet with an enemy at home." A county com- mittee was also formed, and sub-committees were chosen in each to^vn and precinct. " The county seems to be very well united and firm in the cause of liberty," wrote John Taplin, on the 15th of July, " and I make no doubt but they will cheerfully join in whatever measures and directions the honourable Con- gress may point out from time to time."t On the 21st of June, the delegates from Cumberland county took their seats in the Provincial Congress. Hazeltine remained only three days, but "Williams and Spooner were present until the close of the session. The latter gentlemen, having gi\;en previous notice of their intention, laid before the Congress on the 7th of July, an account of the condition of the county which they represented. The nature or purport of their remarks is not known, but from a minute in the records of the Congress, it appears that when they had concluded their observations, a com- * Journal N. Y. Prov, Cong., i. 95; il 53. f Journal N. Y. Prov. Cong., il 50, 60. Am, Arch., Fourth Series, HYS, vol ii. cols. 934, 935, 938, 939. 24S HISTOKY OF EASTERN VERMONT. [1775. mittee was chosen " to receive information of the members of that comity and of any other persons, of the state of that county, and report thereon to this Congress." The Congress adjourned on the 8th of July, but a committee of safety was chosen to act during the recess, and John Morin Scott was appointed to repre- sent Cumberland county in the absence of the regular delegates. He was present but twice during the recess. Fortunately no business was transacted which demanded his especial atten- t-: va.^ Meanwhile the dwellers on both sides of the Green moun- tains were endeavoring to enlist soldiers and establish an effi- cient militia. Means were also taken to improve every oppor- tunity which could be made use of, to advance the safety of tha community. The committee of coiTespondence in the town of ISTorthfield, Massachusetts, informed the Council at Boston, on the 26th of June, that there were " two small cannon be- longing to the Massachusetts Bay" at Fort Dumraer, which were left there when that garrison was dismantled, and one at Fort Hinsdale. These they offered to convey to the army on the western frontier, provided ordnance should be wanted in tliat section. In Townshend, through the activity of Col. John Hazeltine, fifty-one persons signed an agreement on the 12th of July, binding themselves to maintain and disseminate the principles of American liberty, and adopting as theu' rules of action the resolutions passed and promulged by the Contmental Congi-ess during the months of September and October, 1774. A similar association, with the same number of members, was foi-med at Springfield on the 26th of July, and on the 31st of tlie same month twent)^-one of the twenty-four freeholders of Weathersfield united in completing a similar organization.! About the same period, Capt. Elisha Benedict of Albany, by the direction of tlie New York Provincial Congress, was en- gaged in forming military companies in Cumberland county, * Journal N. Y. Prov. Cong., L 49, 61, 69-71, 82, 86. Am. Arch., Fourth Series, niS, vol. ii., cols. 1309, 1314, 1345, 1348, 1777, 1793, 1798. f In Towneliend the association was signed by all the citizens then in the place. Those out of town were Samuel Fletcher, Benjamin Moredock, Oliver Moredock, Aaron Johnson, Samuel Parkis, Thomas Barns, and Ebenezer Burt, who were "in the service at Roxbury, under Gen. Washington," The names of those who refused to sign the association subscribed in Weathersfield, were John Marsh, Joseph Marsh, and John Marsh, Jr. — Associations and Miscellaneous Pa- pers, in office Sec. State N. Y., 1775, xxx. 56, 78, 140. Journal N. Y. Prov Cong., L 228. 1775.] A MILITIA BILL. 2-1-9 which were to be comprised in Uxo regiments, called the npper and lower, and were to serve in the provincial, or, as it was afterwards designated, the state line.* After an interval of nearly three weeks, the Provincial Con- gress of New York assembled on the 26th of July. On the same day a convention was held at Westminster, and the dele- gates from Cumberland, who had been previously appointed to represent that county in the Provincial Congress, were impow- ered to act singly, " in as ample and full a manner," as if all were present. With a certiiicate to this eftect, signed by James Clay, the temporary chairman of the convention, William Wil- liams appeared in ISTew York, and on the 12th of August took his seat in the Provincial Congress as the representative from Cumberland. In order to make the military force of the pro- vince more effective, a militia bill, reported by Anthony Hotf- man of Dutchess county, was adopted by the Congress on the 22d of August. By its provisions, the whole province was to be divided into districts, and each district was to furnish one company, " ordinarily to consist of about eighty-three able- bodied and effective men, officers included, between sixteen and sixty years of age." The companies were to be formed into regiments, the regiments into six brigades. One of these brigades, the sixth, was to comj)rise " the militia of the counties of Charlotte, Cumberland, and Grloucester."f On the 2d of September, last day of the session, the gunpowder which had been imported and was then in store for the use of the pro- vince, was divided among the different counties. The portion assigned to Cumberland was one hundred pounds. During the recess which followed Williams remained in New York, and was a member of the committee of safety. He was also * Revolution, Military, in office Sec. State Mass., 1115-llSZ, p. 270. Am, Arch., Fourth Series, 1776, vol. ii., col. 1796; vol. iii., col. 620. Journal N. Y. Prov. Cong., i. 84, 95 ; ii. 53, 54, 68. See Appendix, containing a List of the OlVn. AND MlUT.4RY OFFICERS OF CUMBERLAND AND GLOUCESTER CoUNTIES. f An imperfect military organization had been effected in the province of New York before the passage of this bill, and the office of brigadier-general for the brigade, which it was then in contemplation to establish in the north-eastern part of the province, had been offered on the 31st of May previous, to Col. James Roger? of Kent (now Londonderry). He refused the trust " upon political principles." He afterwards became a Tory and left the country. ■ His possessions in Kent were, in the year 1778, confiscated; but in the years 1795 and 1797, James Ro- gers Jr. obtained from the Legislature of Vermont possession of all the lands in that town which had been owned by his father and were then unsold. — Journal N. Y. Prov. Cong., ii. 32. Thompson's Vt., Part IIL, p. 103. 250 HISTOKY OF EASTERN VERMONT. [1775. preseufc at tlie re-assembling of tlie Provincial Congress on the 4tli of October, but it does not appear that he remained through the session.* By a resolution of the Provincial Congress, passed on the ISth of October, it was determined that that body should an- nounce itself dissolved at such time as should be deemed expe- dient, and that a new election should then be called for the choice of delegates to represent the province. The dissolution took place on the -ith of November, and the 7th of the same month was set apart as the day for the new election. In Cum- berland county, the town representatives did not assemble until the 21st. The convention was held, as on former occasions, in the county hall at "Westminster, and William "Williams and Paul Spooner were again returned as delegates for the county. On the 14th of November, the day on which the newly-elected delegates were to convene in the city of New York, it was found that a majority of the counties in the province were nol represented. For the purpose of maintaining the show of authority, informal meetings were held day after day. Such letters as demanded immediate re23lies were answered, and de- spatches Avere sent to different parts of the province, entreating the delegates to hasten their appearance, in order that " the measures necessary to be carried into execution" might not be longer delayed or neglected. The Congress, after waiting three weeks for a quorum, was organized on the 6th of December, eight counties being represented. Dr. Spooner, having appeared and presented his credentials, was, on the 20th, admitted as the dej)uty from Cumberland, and was allowed to act singly, with as full power as though his colleague were also in attendance. As the bearer of informa- tion concerning the military aifairs of his district, he announced the appointment, by the committee of safety for Cumberland county, of Col. James Rogers as brigadier-general for the bri- gade of Cumberland, Gloucester, and Charlotte counties, and recommended certain men as field and staif-oificers for the militia of the county which he represented. Owing to the readiness manifested in different parts of the 23rovince to second the views of the Congress in the organiza- tion of the militia, -the plan which had been adopted a few * Journal N. Y. Prov. Cong, i., 87, 89, 105, 114, 135, 137, 139, 146, 163, 165, 195, 197. Am. Arch., Fourth Series, 1775, vol. ii., cols. 1799, 1800; vol. iii. passi7n. 1775.] SPIRIT OF DISAFFECTIO^r. 251 months previous "U'as enlarged. A certain numerical rank was assigned to the militia officers of each of the fourteen counties in the province. The rank of the militia officers of Cumberland was the twelfth, and of Gloucester the fourteenth. The number of brigades was increased to seven. The brigadier-general of the militia of the counties of Cumberland, Gloucester, and Charlotte was announced as the seventh in rank, and the eighth in command. The new Congress having, on the 22d of De- cember, decided to adjourn, appointed a committee of safety, consisting of thirteen members, to act during the recess. Of this number, Dr. Spooner was one.* But a spirit of disaffection had already begun to appear in the county. On the 6th of December, a number of the inha- bitants of Putney sent to New York a protest against the pro- ceedings of the Westminster convention, at which field-officers were nominated for the proposed regiments. " The acts of this convention," said they, " have discovered such a spirit of ignorance or tyranny, that we are apprehensive that our liber- ties, which we are contending for, are in danger, and like to be wrung out of our hands, by nine or ten arbitrary men." They further declared that the convention had nominated field-offi- cers who had ever shown " an inimical spirit to the liberties of America," and who were " disagreeable to the body of the peo- ple." Tills paper, signed by thirty-one persons, was followed by another from Westminster, bearing date the 7th of Decem- ber, and containing expressions of a similar import. The latter document set forth with definiteness the situation of affiiirs in the county, and stated that John Norton, who had been recom- mended as first major of the lower regiment, had often disap- proved " of the proceedings of the colonies," and was held in such disfavor that neither in his own town, that of Westminster, nor in any other where he was known, could he obtain a major- ity of votes from the people for any office in the American service. Eedress of grievances of this nature was sought for. The petitioners based their plea on the ground of necessity. " Tyranny," said they, " appears so evident in the late county convention that unless a stop is put to it the county is ruined." Of a like nature was the manifesto dated the 13th of December, and signed by fifty-six of the inliabitants of Dummerston. In * Journal N. Y. Prov. Cong., i. 180, 195, 197, 199, 205, 226, 228-231 ; iL 99. Ara. Arch., Fourth Series, 1775, voL iii. col. 1330. 252 HISTORY OF EASTERN VERMONT. [1T75, 1776. this, they denounced the proceedings of the convention, and declared the choice of lield-officers, which had been made by the town delegates on that occasion, " an infringement on the rights of the people." This position was supported by the fact that out of the twenty-one delegates, who were entitled to seats in the convention, only nine were present, and of this number seven were in nomination for military offices. John Norton was referred to as one who was " universally known to be in opposition to the plan of liberty," and it was stated that other candidates had been presented for election, who were " much suspected of being unfriendly to the liberties of America."* A letter from Samuel Stevens of Charlestown, i^ew Hamp- shire, to the secretary of the New York Congress, written on the 18th of December, at the suggestion of some of the inhabit- ants of Cumberland county, verified the accounts which had been sent from the towns of Putney, Westminster, and Dum- mei*ston. In this communication he requested that no commis- sions should be given to any persons in either of the proposed regiments, until a candid expression " of the minds of the people, with respect to the several nominations and appointments made by their county congress and committee of safety," should be presented. An exception, however, w^as made in favor of those persons who had been chosen in the month of June previous, when the views of the people were seconded by the action of ^he delegates at the county " Congress." On the 4th of January, 1776, during the recess of the Pro- vincial Congress, the subject of the militia was taken up in the provincial committee of safety, of which Dr. Sj)ooner, of Cum- berland county, was a member. As no objection had been offered to the oflicers who had been nominated for the upper regiment and fot the regiment of minute men, they were pre- sented with commissions, signed by Pierre Van Cortlandt, the chairman, and John McKesson, the secretary of the committee. A recommendation was at the same time given to the commit- tees of Cuml>erland, Charlotte, and Gloucester counties, to the effect that they should join in the nomination of a brigadier- general, and report their choice " with all convenient speed." The committee of Cumberland county were ordered to retm-n to the Provincial Congress a list of the officers of the county militia, under the rank of field-officers, who had been or might * Am. Arch., Fourth Series, 1775, vol. iii. cols. 429-431. 17Y6.] LETTER TO THE COMMITTEE. 253 be elected pursuant to the resolves of the Congress, and " with intent to remove all ground of disquiet in the minds" of the persons who belonged to the lower regiment, the committee of the county were requested to meet and nominate such field- officers for that regiment as should be deemed " best qualified for the service of their country." Tlie people of the county were also informed, that, in case no nomination should be made by their immediate representatives in county convention, the officers of the lower regiment would be appointed by the Pro- vincial Congress or committee of safety. To accompany this manifestation of the views entertained by the chief men of the province, a letter exhortatory in tone and earnest in phraseology was, on the 19th of January, addressed to the committee of Cumberland county. Sorrow on account of the "jealousies and divisions" which disturbed the county was plainly expressed in this communication, and surprise was shown that greater readiness had not been evinced to engage in behah" of the cause of American liberty. " We entreat, we pray, and we obtest you," wrote the provincial committee, " as you tender not only 3'our own welfare and happiness, but also the success of the American colonies in their present struggle for liberty, that you exert yourselves to put an amicable period to all dissensions in your county, and bring about a perfect union among the inha- bitants ; and for this purpose that you cause a large, resj^ect- able county committee to be elected in your county, if that has not already been done. Let every son of freedom employ his utmost effijrts that our attachment to the rules of Congress, our military subordination and skill, according to their plan and directions, and our attachment to good order and government may distinguish us from our enemies, as much as the glorious cause we are engaged in." Dr. Spooner, having obtained leave of absence, was directed to carry this letter to his constituents, and was also desired to deliver the commissions to those per- Bons to whom they had been assigned. Supplied with money from the treasury of the Provincial Congress, he departed, on the 10th of Januaiy, in the hope of being able to " restore una- nimity and harmony" among those whom he represented.* Tlie spirit which had actuated the conduct of the people west of the Green mountains, previous to the year 17Y5, and which for more than a year had lain dormant, began now to manifest * Journal N. T. Prov. Cong., I 237, 238, 242, 243 ; iL US. 254 HISTOET OF EASTERN VEEMONT. [1776. its presence in a less violent but more determined manner. A convention was called at Dorset, on the 16tli of January, for tlie purpose of proposing and adopting measures to advance the interests of those dwelling between Lake Champlain and Con- necticut river. But few, if any, from either Cumberland or Gloucester county were present. A petition addressed to John Hancock, the President of the Continental Congress, was pre- pared, and persons were appointed to carry it to Philadelphia. The boon sought for by the petitioners, was that they might be ordered to " do duty in the Continental service if required," as inhabitants of the New Hampshire Grants, and not as inhabit- ants of the Province of New York, or as " subj ect to the limi- tations, restrictions, or regulations," of the militia of that pro- vince."^ Soon after the views of the Provincial Congress had been made known in Cumberland county, a convention of the town committees of safety was called at Westminster, on the 1st of February, and Benjamin Carpenter, of Guilford, was placed in the chair. The meeting was conducted in such a manner as was deemed most suitable for establishing "peace, harmony, and unanimity," in the county. The field-officers for the lower regiment were selected, and in making the choice, regard was had to the conduct which the candidates had displayed when the disposition to be freed from the encroachments of Great Britain became first apparent. A few days later, returns were made to Benjamin Carpenter from several of the towns in the southern part of the county, of the election of militia officers, and this information was, on the 6th of February, communicated to the Provincial Congress. f The delegates from Cumberland county to the Provincial Congress, which assembled in February, 1776, were, Col. Joseph Marsh, of Hartford, and "William "Williams. The former was absent during the whole of the session, and the latter did not present himself at New York until the 24:th of February. The * This petition was read in Congress, on the 8th of May, and was referred to a committee for examination. Their report, read on the 30th, recommended sub- mission to the government of New York for the present, and at the close of the war, a reference of the whole subject to proper judges, whose determination should be final and conclusive. Permission was granted to Heman Allen, on the 4th of Jime, to withdraw the petition. — Journals Am. Cong., i. 337, 360, 364. Slade's Vt. State Papers, pp. 61-65. f See Appendix, containing a List of the Civil and Miutabt Officers op CUMBEELAND AND GLOUCESTER CoUNTIES. 17Y6.] A LOAN. 255 nominations of field and militia officers wliicli had been made botli by the representatives of the people of Cumberland, and bv the people themselves, having been presented by him, on the 26tli of February, were received and approved of, and, on the 1st of March, commissions were ordered to be issued for those persons whose names had been returned. He was also the bearer of a letter from the county committee of safety, in which they avowed their inability to fui'msh their delegate with the money " neces- sary to supply his present necessities." In this emergency, Peter Van Brugh Livingston, the treasurer of the Provincial Congress, was ordered to " advance on loan to Major "William "Williams, on the credit of the Cumberland county committee, in general, and of Benjamin Carpenter, the chairman of the said committee, in particular, and Major "Williams therein named, the sum of £40, to be repaid in such manner as this or some future Provincial Congress or committee of safety shall direct." The sum of £4,800 was, on the 13th of March, distributed among the diflferent counties, as a loan, to enable them to defray the expenses contingent upon war and government. The share of Cumberland county was but £100, and from this sum the £40 which had been advanced to Major "Williams, and the £20 which Dr. Spooner had borrowed on a former occasion, were deducted.* Although several attempts had been made to choose officei^s for the brigade which comprised the counties of Cumberland, Gloucester, and Charlotte, yet these attempts had thus far proved futile. As a last resort, a circular letter was sent to the committees of safety in each of the three counties, notifying the time and place of a meeting for the purpose of completing the general military organization of that section of the province. Three representatives from each of the committees of safety of the two first-mentioned counties were in attendance at "Windsor on the 22d of May, the day specified in the notifica- tion; but no delegates from Charlotte county were present. The nominations were made, therefore, by six men, and Col. Jacob Bayley, of Kewbury, and Simon Stevens, of Springfield, were recommended to the Provincial Congress as worthy and acceptable candidates for the respective offices of Brigadier- General and Brigade-Major.f It was not deemed proper, * Journal N. Y. Prov. Cong., i. 293, 321, 324, 331, 356; ii. 122. \ An aeccnnt of this meeting was forwarJed to the Ne\7 York Provincial Con- gress, by Col. Joseph Marsh, one of the deputies from Cumberland county. 256 HISTORY OF EASTERN VERMONT. [1776. however, to sanction appointments of so liigli importance -witlioiit first obtaining tlie sentiments of all the parties interested. For this reason, the Provincial Congress, on the 17th of June, ordered a copy of the proceedings of the committees who had made the nominations to be forwarded to the committee of Charlotte county, with a request that they would return an answer decla- rative of their wishes in the premises. Further action was post- poned until a reply should be received. The necessity of per- fecting the military arrangements of the county was, however, apparent. By the late resolves of the Continental Congress, New York had been ordered to raise three thousand men to reinforce the American army in her own province, and seven hundred and fifty to reinforce the army in Canada. Of this latter number, the Cjuota assigned to Cumberland county, on the 7th of June, was one hundred and twenty-five, and to Glou- cester, seventy-five. To hasten the work of enlistment, a bounty of $4: each was, on the 9th, offered to the non-commissioned officers and privates of the battahons which were to be sent to Canada. The money intended for this purpose was placed by the treasurer of the Provincial Congress, in the hands of a committee of payment,* In perusing the history of the counties, towns, and villages of the American colonies, during the earlier period of the revolutionary war, one is often inclined to inquire as to the manner in which civil government was conducted, and the means which were taken to enforce the execution of laws in the absence of executive power. The object of the American people in opposing Great Britain, it may be answered, was to free themselves from an unjust government, not to shake off" or disown the obligations of law, morality, or religion. "When the majority of the inhabitants of a village, town, or county had declared their unwillingness to obey rulers appointed by the King or subject to his dictation, village inspectors were elected, and town and county committees of safety were chosen. To them questions were referred, which in a better regulated state of society would have been presented in a court of law. By their decisions there was generally a readiness to abide. If any one wished to appeal to the bar of public opinion, his fel- low-townsmen were sure to decide the appellant's case by the principles of equity rather than of law. « Journal N. Y. Prov. Cong., i. 483, 488, 496 ; ii 201. 1776.] MEETING OF THE COMMITTEE OF SAFETY. 257 In Ciimberlcand county the people of each town chose their own committee of safety, and each town committee sent dele- gates to sit in the committee of safety for the county. In this manner had the affairs of the county been conducted for more than a year. At the meeting of the county committee held at Westminster in the court-house, which continued from the 11th to the 21st of June, 1776, thirty-four delegates from twenty towns were in attendance.* Capt. James Clay was placed in the chair, and Dr. Elkanah Day was chosen clerk. Business which had been laid on the table at previous meetings was on this occasion taken up and received final action. One man, who had been abusing his neighbor's wife, was by the decree of the committee committed to prison. Another, who like a second Naboth was suffering from the covetousness of some townsman Ahab, was quieted in the enjoyment of his possessions. Persons of doubtful political principles were examined, and disputes between contending parties were settled. Ignoring the princi- ples of democratic equality, the committee resolved that every person who bore the suffix of " Gentleman," by civil or mili- tary commission, should be exempted from " general training." The public accounts of the county were examined by a sjjecial committee. An attempt was made to improve the condition of the treasury by urging upon the collectors of taxes the im- portance of attending to their duties. The real estate of every male between sixteen and sixty was estimated at ten pounds. * Brattleborough, Chester, Draper, Dummerston, Guilford, Halifax, Hertford, Hinedale, Kent, . Marlborough, Newfane, Pomfret, Putney, Rockingham, Springfield, Townshend, Weathersfield, Westnainster, Windsor, Woodstock, . Isi'ael Smith, John Sergeants. John Chandler, George Earl. Elijah Alvord, John Gibbs. Joseph Hildreth, Ebenezer Haven. Israel Gurley, Samuel Nichols William Williams. Jonathan Burk. John Bridgman, Arad Hunt. Edward Aiken, 2d. Jonathan Warren. Luke Knowlton. John Winchester Dana. James Clay, Lucas Wilson. William Simons, Ebenezer Fuller. Simon Stevens, Jerathmiel Powers. Joseph Tyler, Samuel Fletcher. Israel Burlingame, William Upham. John Norton, Elkanah Day. Ebenezer Hoisington, Ebenezer Curtis. John Strong, Benjamin Emmons. 17 258 HISTORY OF EASTERN VERMONT. [1776. Persons were aj)pointed to ascertain the valuation of the sale- able estate of each town, and make return thereof. Commit- tees were chosen to draft replies to letters which had been re- ceived from the Provincial Congress, and to carry into execu- tion the resolves which had passed that body relative to the militia of the province. An unsuccessful attempt was made to re-imprison some of the persons who had been engaged in the " Westminster Massacre," and had been released under bonds ; and other matters, some trivial and many important, occupied the attention of the county committee of safety. Measm-es were also taken to perfect the organization of the minute-men of the county, and to raise soldiers for the Canada service. To effect the latter object the colonel of the lower regiment, and one sub-committee man from each town compre- hended in that regiment district, were desired to assemble and appoint one captain and two lieutenants, as officers of such men as might enlist for the northern expedition. A similar request was also proffered to the colonel of the upi^er regiment, and times and places for meeting were agreed upon. In compHance with the requisition contained in a handbill directed to the committee, an election for delegates to the New York Provincial Congress was held at the same time, and Joseph Marsh, John Sessions, and Simon Stevens were chosen to represent the county from the second Monday in July following. Ebenezer Hoisington, John Sergeants, and John Chandler, who had been previously appointed to prepare instructions for the guidance of the dele- gates, then presented their report, which was read by para- graphs, and deliberately adopted as expressive of the sentiments of the committee and of the people whom they represented. The instructions were in these words : — " Gentlemen, — Having received a handbill from the Honour- able Provincial Congress, recommending to the inhabitants of the county to choose delegates and invest them [with] power to establish a form of government, &c.. We, the committee for this county, being warmly attached to the noble cause of liberty, and ardently desirous to have the foundation of govern- ment so laid, that the liberties of the people, both civil and religious, may forever remain sacred and inviolate — we tlimk it our indispensable duty to give you the following instruc- tions ; and reposing the highest confidence in your honour and integrity, do rely upon it, that you will, to the utmost of your power, endeavom' to carry the same into execution. We trust 1776.] msTKucTioNS to the delegates. 259 the Honourable Congress will be very far from passing ceusm-e on us for being thus jealous of our liberties, especially when they consider that in times past this county has been much imposed upon, in having certain foreigners put into high places of emolument and honour, to the great grief of virtuous and honest men. " First ; we instruct you to use your influence to establish a government in this colony agreeable to the maxim, viz. that all civil power (under God) is originally in the people, and that you in no instance, in your publick capacity, will do anything to abridge the people of this fundamental right. "VVe further- more beg leave to say that, in om* opinion, the representatives duly chosen in the several counties in this colony, when con- vened at Kew York, to all intents and purposes have full power of legislation, and that it would greatly abridge the peo- ple of their right should the representatives presume to make choice of a Governor [and] Lieut.-Governor to act and transact business independent of the people. " Second ; that you use your best influence in Congress to adopt such a code of laws, whereby the liberty, property, and everything dear to the inhabitants of this colony and America in general, shall be founded on a permanent basis — a few of which laws, we humbly beg leave to suggest, might be made or enacted, viz. laws for establishing religion and Hterature so that ministers of the gospel may be supported, and schools set uj), which must have a tendency to promote virtue and good manners. " Third ; we think it would much conduce to the happiness of this county, to have a court of justice, as soon as may be, pro- perly organized, to take cognizance of all criminal actions. At tlie same time, we desire that men of character, integrity, know- ledge, and virtue, who belong to our own county, may sustain the oflices in such an important department. The ancient trial by jury we have a great veneration for. It is a noble barrier against tyranny. In order that our future courts may be sup- plied with grand jurors, we humbly request that the Honoura- ble Congress would adopt the following method for this county, viz. that each town through the county at their annual meetings shall elect their proportion of men who shall serve as grand jurors the ensuing year, and that their names shall be proj)erly returned in the clerk's ofiice, in order that the jury when so chosen may inform the advocates who shall prosecute criminal 260 HISTORY OF EASTERN VERMONT. [1Y76. actions, of all misdemeanors in the county, passing witliin their knowledge. The petit jurors, in like manner, we would be glad might be chosen annually, and that their names being em-olled may be returned in the clerk's office, and when so returned may be drawn by lot for the service of the ensuing year. The gen- tlemen of the law (if they should be thought necessary) we hope may be men of integrity, learning, and ability. In a par- ticular manner we desire, and insist on it, that no freeholders or men of interest in a civil action on the first process shall be apprehended by capias.^ but that they may be summoned ac- cording to ancient usage ; excepting under certain circum- stances, when there is not a sufficiency of estate to answer debt and cost ; that constables as well as sheriffs may have power to serve all processes ; that all deeds may be recorded by the town clerk in each town ; that attorneys' fees and all other exorbi- tant fees maybe lowered and reduced to the standard of justice. " Lastly ; we beg leave to suggest that, in our opinion, a fre- quent change of magistrates tends to prevent corruption, and keep up that equality of mankind in which by nature we are all formed. Tlierefore, we humbly request we may be indulged in this particular. AVe desire that each town in this county may nominate their own justices, and that they may not be appointed without such nomination. Tliat justice, religion, and vii'tue may prevail in this colony, and that peace and tran- quility may be restored through America, is the sincere d^ire of the committee of safety for Cumberland county."* Such were the terms in which were conveyed ideas, honor- able both to those who suggested and to those who adopted them — ideas, which, in their execution, contemplated the es- tablishment of those principles which regulate communities and exalt nations. Another important topic discussed on this occasion, was that relative to the right of the New Hamp- shire Grants to secede from New York. Several of the mem- bers, representing a large constituency, favored a union with Massachusetts. Owing to this cause, a letter addressed to the members of the Provincial Congress was prepared on the 21st of June, and the representatives of the county were desired to deliver it at New York. The views advanced in this communication were expressed in these words : * MS. records Cumberland Co. Com. Safety. la connection with the propo- sitions suggested by the committee of safety and narrated in the text, they also expressed a desire that a court of Probate might be established in the county. 1776.J LETTER TO THE PKOTINCIAL CONGRESS. 261 " Upon the receipt of handbills from you, sent to us, purport- ing the expediency of instituting civil government according to the exigencies of the county, the major part of the people have agreed thereto, and have elected their delegates, and empow- ered them with their authority, to agree with you in forming a mode of government independent of the Crown, in the most mild, just, and equitable manner possible, for regulating their in- ternal police, and for the preservation of the rights, liberties, and property of the people. Tliis power is subjected, nevertheless, to those regulations, conditions, and restraints herewith trans- mitted you by the hands of the delegates of this county ; to all which they are, by their constituents in the premises, limited and restrained in such manner, that if they break over and vio- late those sacred instructious herewith sent you in behalf of us and our constituents, in matters of such infinite importance and delicacy, the county committee declare, in behalf of the free, patriotic people thereof, that they mean to, and hereby do resolve, to reserve to themselves the full liberty of an absolute disavowance thereof, and of every clause, article, and para- graph of such an institution. " Also, it is hereby Receded to, and fully meant and intended by the good people of the county, that they, notwithstanding this compliance with the requisition of the said handbills above mentioned, so directed to us for the purposes aforesaid, have fully and absolutely resei'\'ed to themselves and their heirs, &c., the full Hberty of pursuing their former petition in behalf of the people, prepared some years ago, and referred to the great and General Assembly of the ancient, ever respectable, and most patriotic government of the Massachusetts Bay province, that the whole district described in the said petition, may be hereafter reunited to that province ; and reserving to themselves also the right of oflfering their pleas, arguments, and proofs, in full, to eifect a reunion thereof, to that ancient jurisdiction, for those important reasons to be adduced when, where, and before whom the parties concerned shall be admitted to ofter the same." This letter was signed by James Clay, chairman of the com- mittee, and was attested by the clerk. As soon as the majority of the members had assented to it, Elkanah Day, John Bridg- man, and John Norton, entered their protest against the decla- rations and assertions which it embodied ; and when, shortly after, it was carried to New York, their names appeared among 262 HISTORY OF EASTERN VERMONT. [1TT6. the opposition. Both of these productions, neither of them especially remarkable for beauty of expression or grammatical accuracy, were of great weight in regulating the future conduct of the Provincial Congress, with respect to Cumberland and Gloucester counties.* At another meeting of the committee, which commenced on the 23d of July and ended on the 26th, the attendance was not as great as on former occasions. Eighteen delegates were pre- sent from fifteen towns. Several questions respecting the well- being of the county were entertained. Some of them received final action. The further consideration of others was postponed. In a case of bastardy which was reported to the committee, the defendant gave bonds in the sum of £50 to answer the com- plaint which would be made against him at the expiration of a certain specified time. One man who had been arrested, charged with counterfeiting the colonial bills, was released. Another, who had been imprisoned for the same crime, was tried, and, although not declared guilty, the circumstances con- nected with the case were ordered to be published in " the gazette," and the prisoner was required to discharge the costs of the suit as the condition of his release. The words, "paid up," which appear at the foot of the record, are evidence that the prisoner was glad to escape on the terms prescribed. To a widow who sought to be avenged of her adversary, the com- mittee lent a willing ear and a helping hand. The doughty old soldier of Dummei-ston, Lieut. Spaulding, was cited to answer " for his conduct in taking Col. Wells by military force, that mode of proceeding being contrary to the minds" of the com- mittee. Polite and valiant, his apologies were ample, and the complaint was dismissed. To ensure safety, a quantity of powder which had been lately received, was deposited in one of the jail rooms of the court house, and a sergeant and four privates were detailed to guard it by night, and a sergeant and two privates by day. That they might not want, " Necessary vittling and half a pint of rum to Each man once in twenty- four hours" were supplied. When a proportionate division of the powder was ordered, it was ascertained that the share of the lower regiment was eleven hundred and ninety pounds, and of the upper regiment, six hundred and ten pounds.f Tlie detec- * Journal K Y. Prov. Cong., i. 587 ; ii. 272. f From this statement, it would seem that the committee of safety were in possession of eighteen hundred pounds of gunpowder. The quantity appropriated 1776.] THE NEW YOEK PROVINCIAL CONGEESS. 263 tion of spies and informers being regarded as especially desir- able, " the "Utmost protection" of the committee was promised to the person who should give information of " any criminal correspondence" carried on between any of the inhabitants of the county " and the King's officers in the army at Canada." From the abstract of the records of the county committee of safety which has been . given in the preceding pages, an idea may be formed of the powers which were lodged in that body ; powers civil, military, legislative, executive, and judicial.* At the commencement of the session of the New Tork Pro- vincial Congress, on the 9th of July, Simon Stevens and John Sessions were in attendance. They were afterwards joined by Joseph Marsh, and Cumberland county was for several months well represented in the Congress. During the remainder of the year, the meetings of the Congress were rotatory. Yielding to the necessity of the times, the members assembled either at White Plains, " in the church at Harlem," at Kingsbridge, " at the house of Mr. Odell" on Philipse's Manor, or in the Episcopal or Dutch church at Fishkill, these being places which afforded the greatest facilities for the transaction of business, and at the same time permitted communication with the American army. On the second day of the session, the title of the body was changed by a resolution, from that of " The Provincial Congi'ess of the Colony of ISTew York," to that of " The Convention of the Representatives of the State of New York." Tliis alteration was adopted to prevent the recurrence of mistakes which had already been made by confounding the Congress of New York with the Congress of the United States. It was also significant of the times, for the idea of subjection conveyed by the word colony was not to be found in the word state, and the dropping of the word provincial, removed whatever else there was in the former name suggestive of the supremacy of Great Britain. Supplies of gunpowder had abeady been voted to Cumber- land and Gloucester counties. For the purpose of rendering their situation more secure, the Convention directed the com- missary, Peter T. Curtenius, to deliver to John Sessions, three to Cumberland county by the New York Provincial Congress, on the 30th of June, 1776, was ten barrels, of one hundred and fifty pounds each, and to Glouces- ter county, on the same occasion, ten barrels of one hundred pounds each. Under date of July 10th, 177G, it was stated that Col. Marsh would convey the powder to its destination, " via Connecticut river." — Journal N. Y. Prov. Cong., L 611, 519. * MS. records Cumb. Co. Com. Safety. 264 msTOET OF eastern veemont. [1776. thousand pounds of lead for the use of the county of Gloucester, and four thousand five hundred pounds of the same metal for the use of the county of Cumberland. Mr. Sessions was desired to forward the lead to the general committees of the two coun- ties " in the most safe and expeditious manner," and the com- mittees were required " to attend carefully to the disposition" of this supply among the militia for whose use it was intended.* Attention was then directed to the adoption of means for de- fending the northern and western portions of the state. Exposed to the inroads of the Indians, some of the inhabitants of the more distant sections of Albany county, and many of the inhabitants of Tryon, Charlotte, Gloucester, Cvnnberland, Ulster, and Orange counties, had already removed into the interior, and others were preparing to change their place of residence as soon as they could select more secure localities. To prevent these removals, and to afibrd protection against the savages, the Convention re- solved, on the 23d of July, to raise ranging parties in the above * Of the value of lead during the revolution, and of the means ■which were sometimes resorted to, to procure it, some opinion may be formed fi'om the annexed extracts, from the Journal of the New York Provincial Congress : "March 25th, 1776. Ordered, That Mr. Samuel Prince be and he is hereby authorized to employ proper mechanics for that purpose, and to take the leads out of the ■window-cases of the City Hall of this city, and also out of the Exchange in this city of New York ; to keep an account of the weight of lead taken out of each building separately, that the weight of lead taken out of each may be known, and that Mr. Prince cause the said lead to be delivered to Mr. CurteniuB, or his order." i. 384. " June 29th, 17*76. "Whereas, it has been represented to this Congress that lead will speedily be wanted for the use of the army in the defence of this city and Colony : Therefore, " Resolved, That Messrs. Daniel Dunscombe and Samuel Prince be requested and authorized, and they are and each of them respectively is hereby authorized, and empowered, and requested to take to their assistance such persons as they may think proper, and forthwith to cause all the lead of the windows in this city, and also all the leaden weights, (except such small weights as are in use in the course of trade,) to be collected and delivered to Peter T. Curtenius, Esqr., for the use of this Colony, taking his receipt for the same ; that a particular account be kept of the lead taken out of each house, in order that the respective proprietors may receive compensation for the same." i. 511. "July 11th, 1776. Resolved, That the generalcommitteeof the county of Tryon, be and they hereby are authorized and requested to employ proper persons to take the leaden weights out of all the windows in the said county, and apply so much thereof as may be immediately necessary, to the use of the militia of the said county ; that an exact account be kept of the quantity taken from each house, to the end that payment may be hereafter made for the same ; and that the said committee do transmit an account thereof to this Convention ■with all convenient speed." i. 521. 1776.] ORGANIZATION OF HANGING COMPANIES. 265 named counties, to scour the woods and expel the Indians who infested them. Cumberland and Gloucester were ordered to raise, together, two hundred and fifty-two men, "for the joint defence of both counties." This force was to be divided into four companies, and each company was to consist of one captain, two lieutenants, three sergeants, three corporals, and fifty-four privates. The commissioned officers were to be nominated by the mutual consent of the committees of both counties, and it was recommended that they should be " persons of sober and active dispositions." The command of the companies was vested in a major, to be appointed by the Convention. This oflicer was required to " march to the relief of any of the neighboring conn- ties or states, upon a mutual application from the county commit- tees of such respective counties or states, or upon an application from the continental ofiicer commanding in the northern depart- ment." A provision was, however, inserted, by which " the con- tinental ofiicer" was not permitted to order the companies beyond the limits of the counties of Cumberland, Gloucester, and Char- lotte. Tlie pay of the ofiicers and privates was the same as that of the continental troops. A bounty of $25 was allowed to each non-commissioned ofiicer and private " upon his passing muster."* In lieu of rations, a certain sum was paid, weekly, in the follow- ing ratio. To each captain, 16s. ; to each lieutenant, 14s. ; and to each non-commissioned officer and private, 10s. Tlie officers and privates were required to furnish themselves each, " with a good musket or firelock, powder-horn, bullet-pouch and toma- hawk, blanket and knapsack." Such were the more striking features in the organization of the ranging companies, as after- wards established in the counties of Cumberland and Gloucester. Tlie plan adopted for the other counties in the state, did not dififer from that above detailed, except in a few unimportant particulars. On the day following the passage of these mea- sures, Joab Hoisington, of Windsor, on the recommendation of the members from Cumberland county, was unanimously ap- pointed by the Convention to the office of " major of the rangers," and the secretary was ordered to prepare his commission.f * By a subsequent resolution, one half of this sum was to be paid " to every able bodied man" who should pass muster ; the other half as soon as " the first muster roll of every company " should be received by the Convention. For the payment of the first half of the bounty, the sum of £1200 was advanced to the deputies of Cumberland county. — Journal N .Y. Prov. Cong., i. 639, 640. f As the style of this commission is somewhat novel, a copy of it is here inserted. 266 HI6T0ET OF EASTERN VERMONT. [1776. In consequence of this organization, the Convention ordered Mr. Ciirtenius to dehver to Messrs. Marsh, Stevens, and Ses- sions, " for the use of the rangers and inhabitants" of Cumber- land and Gloucester counties, the supply of lead which had been previously allotted to these counties. Tlie deputies were also supplied with two thousand flints, and the treasurer of the state M'as directed to advance the sum of seventy pounds to enable those gentlemen to transport the lead and flints to the counties for which they were intended. By the provisions of the mihtia bill, passed on the 22d of August, 1775,* the sixth brigade of the militia of the province comprised the counties of Charlotte, Cumberland, and Gloucester. For the conve- nience of all concerned, this brigade was divided and another arrangement was effected. The militia of Charlotte county were formed into one brigade, and the militia of Cumberland and Gloucester into another. Of the latter Jacob Bayley, of Xewbury, was appointed brigadier-general, and Simon Stevens, " In Convention of the Representatives of the State of New York. " To Joab Hoisington, Esqr., Greeting : " Whereas, this Convention did on the 23d day of July inst. direct and order the raising and embodying two hundred and fifty-two men, officers included, in the counties of Gloucester and Cumberland, for the joint defence of both coun- ties, and of the neighbouring counties and States, to be divided into four compa. nics, to be under the command of a major : " Now, therefore, we, the representatives of the State of New York, reposing especial trust and confidence in your patriotism, martial valour, vigilance, conduct, and fidelity, do by these presents constitute and appoint you to be major of the said four companies of rangers, so to be raised as aforesaid, for the defence of Ame- rican liberty, and for repelling every hostile invasion thereof You are, therefore, carefully and diligently to discharge tlie duty of major by doing and performing all manner of things thereunto belonging ; and we do strictly charge and require all officers and soldiers under your command to be obedient to your orders as major; and you are to observe and follow such orders and directions from time to time as you shall receive from this or a future Convention of the State of New York, or the Congress of the United States of America, or Commander-in-Chief for the tune being of the army of the United States of America, or any other, your superior officers, according to the rules and discipline of war, in pursuance of the trust reposed in you. " This commission to continue in force until the end of tlie present war, unless sooner revoked by the Congress of the United States of America, or the Conven- tion or Legislature of the State of New York. " Dated at White Plains, in Westchester county, the twenty-fourth day of July, one thousand seven hundred and seventy -sis. " By order of the Convention." — Journal N. Y. Prov. Cong., i. 540, 541. * See ante, p. 249. 1776.] JOINT MEETING OF COMillTTEES. 267 of Springfield, major.* Altlioiigli, on account of their poverty, the inhabitants of Cumberland county were unable to give but little pecuniary assistance towards cariying on the war, yet the state of New York did not on this account withhold from them her aid. Tlie return which they made by levies of men was, it is true, a partial recompense for the means of defence witli which they were furnished. But there was wanting on their part the sj)irit of hearty co-operation, a spirit without which division is made certain and defeat invited.f As soon as the resolutions of the Convention in regard to the ranging companies had been officially published, a joint meet- ing of the committees of Cumberland and Gloucester counties was notified for the purpose of nominating the commissioned officers. Pursuant to the notification, thirteen members of the two committees assembled at the town-house in Windsor on the 6th of August. In settling preliminaries, it was agreed that three of the captains and four of the lieutenants should be inhabitants of Cumberland county, and the remainder, one captain and four lieutenants, from Gloucester county. The ap- pointments from the former county having been made, it was thought best, on account of the small attendance from Glou- cester county, to call another meeting before completing the list of officers. This sentiment was favorably received, and a com- mittee of four from Cumberland county were instructed to co-operate with the general committee of Gloucester county in making the remaining nominations. In the course of the fol- lowing week the business was completed, and return was made to Major Iloisington that he might obtain the necessary com- missions from the New York Convention.;}: * The original MS. commission of Major Simon Stevens, is now in the possession of the Hon. William M. Pingry. \ Journal K Y. Prov. Cong., i. 515, 519, 521, 538-540, 543, 551, 552. ^ Much dissatisfaction seems to have prevailed at the time as to the manner in ■which the meeting at Windsor vras conducted. By the records of the committee it appears that thirteen members were present. Another account states that ten only were present, of which number nine were from Cumberland, and one from Gloucester county. James Clay, who was chairman on the occasion, was iinwill ing to proceed with business, not only on account of the smallness of the attend- ance, but also on account of the shortness of the time, six days, which had inter- verned between the time of notification and the time of meeting. These objec- tions were, however, overruled by Major Hoisington, who declared that a quo rum was not necessary to transact the business for which they had assembled. The title of Major, it is evident, was peculiarly flattering to the vanity of Hoi- eington. The power with which it invested him, namely, the direction of two 268 HISTORY OF EASTERN VERMONT. [1776. Tlie dissatisfaction with the jurisdiction of ISTew York, which on the western side of the Green mountains had again become prevalent, was now beginning to show itself in another quarter. At a meeting which had been held at Dorset, on the 24:th. of July, on which occasion fifty-one delegates from thirty-five towns were present, a resolution had been passed, one member only dissenting therefrom, that "suitable applications" should be made to obtain the formation of the New Hampshire Grants " into a separate district." By another resolution, a committee had been appointed " to treat with the inhabitants on the east side the range," for the purpose of obtaining their consent to this project. An association had been formed, expressive of the views of the mountaineers on the subject of the war, and an adjourned meeting had been agreed on.* When the committees of Cumberland and Gloucester counties assembled at Windsor, on the 6tli of August, as previously men- tioned, to nominate oflicers for the ranging companies, Heman Allen, Jonas Fay, and William Marsh, the Dorset committee, were also present. Various papers were read by them bearing upon the subject of a separate jurisdiction ; the boundaries of a new state were described ; and the approbation of the commit- tees was sought to the projects of the Dorset convention. In hundred and fifty-two men, led him to utter many indiscreet words, and to per- form not a few injudicious actions. When, on one occasion, he received orders from General Gates, to the effect that Capt. Wait's company, belonging to the ranging service, should .guard the Crown Point road, which extended from Con- necticut river to Lake Champlain, he replied, falsely, that the rangers were not raised for such service, and, disregarding the order, wrote for his men to march immediately to Newbury, where he was then stationed. The names of the officers nominated to take the command in the ranging ser- Tice were read in the New York Convention on the 26th of September, 1776, and were before the house several days. On the 10th of October commissions were granted, and on the 23d the ofiicers were "sworn to the faithful discharge" of their respective duties. — MS. Records Cumb. Co. Com. Safety. Miscellaneous Pa- pers in office See. State N. Y., xxxiv. 587 ; xxxv. 315 ; xxxvi. 191, 205, 206, 212, 213, 218, 239. Journal N. Y. Prov. Cong., i. 646, 647, 659, 669; ii. 214, See Appendix, containing a List of the Civil and Military Officers of Cumbeeland AND Gloucester Counties. * The agreement entered into on this occasion was in these words : — " We, the subscribers, inhabitants of that district of land commonly called and known by the name of the New Hampshire Grants, do voluntarily and solemnly engage under all the ties held sacred among mankind, at the risk of our lives and fortunes, to defend by arms the United American Colonies against the hostile attempts of the British fleets and armies, until the present unhappy controversy between the two countries shall be settled." — Journal N. Y. Proy, Cong., iL 311 MS. Records of Chester. 1776.] VAEIOUS TOWN-MEETINGS. 269 support of the proposed measures Mr, Allen told Mr. Clay that he had consulted with several members of the Continental Con- gress who had recommended to him and his coadjutors to ascer- tain the feelings of the people concerning the formation of a new state. He also reminded him, that if the inhabitants of the " Grants" should accede to the form of government which would soon be adopted for the state of New York, they would have no opportunity to withdraw their support therefrom at a future day. For the purpose of ascertaining the views of those residing east of the Green mountains, upon the measures suggested by the committee from the Dorset convention, the people in each town were invited to assemble in town-meeting and express their opinion as to the course which they should deem it best to pursue. In Rockingham, on the 26tli of August, the inha- bitants voted " to associate with the inhabitants of that district of land commonly called and known by the name of the New Hampshire Grants." They also chose two delegates to attend the convention to be held at Dorset in the fall, and instructed them "to use their best influence" to obtain the passage of such resolves as would tend to establish the "Grants" as a separate and independent state. At " the fullest meeting ever known in Chester," held on the 2d of September, similar mea- sures were adopted, and the association which had been formed at the Dorset convention, was signed by forty-two of the inha- bitants. A like spirit pervaded many of the other towns in the two counties. In some, however, there were two parties, and in a few, as in Halifax, where the inhabitants voted not to. send a delegate " to meet the Green Momitain Boys," no dis- position was shown to throw off the jurisdiction of New York. At the adjourned convention, which was held at Dorset on the 25th of September, representatives were present from both sides of the mountains. Loyalty to American principles, as embodied in the Eevolution, animated the discussions which took place, and gave character to the measures which were proposed. Yet, while declaring their determination to support the general government of the United States, the members resolved that "no law or laws, direction or directions" from the state of New York would be accepted by them, or be regarded by them, as of the least weight or authority. The lit- tle leaven of dissatisfaction had worked its effect in silence, and the whole lump was fast becoming assimilated.* * Miscellaneous Papers, iu office Sec. State N. Y.. xsxvi. 193, 197, 233. Jour- 270 mSTOKY OF EASTERN VERMONT. [1776. "Wliile the iuliabitants of Cumberland county were thus wa- vering between' duty and inclination, debates relative to the course which it was proper to pursue towards them, occupied the time of the Xew York Convention. Major Hoisingtou having completed his enlistments for the rangers, sent the mus- ter-rolls to the Convention, with a request that the remainder of the bounty money then due, together with an allowance for rations, and the wages for the first month, might be immedi- ately sent forward. Discussions ensued, which were finally cut short by a motion, ofiered on the 26th of September, to comply with the Major's request. To such a course it was objected that the Cumberland county committee of safety had, by their letter of the 21st of June previous,* " reserved or pretended to reserve to the people of that county a right of seceding from the government" of New York ; that the state had " already been at great expense " for the county, and that further expenditures on its account ought not to be made until the jurisdiction of New York should be fully acknowledged by its inhabitants. Messrs. Stevens and Sessions were then asked whether, as representatives, they acknowledged the jurisdiction of the state over the county. Their answer was in the afiirmative. The subject was resumed on the 27th, and the examination of the deputies was continued. In reply to the interrogatories of the Convention, they declared that they were elected by the people of the county at large, that the county committee was formed by two members sent from each of the town committees, which town committees had been chosen long before the late election for deputies to represent the county in the state Convention had taken place ; that they were " very confident" the county committee had no directions or instructions from the people of the county to advance such sentiments as were contained in the letter of June 21st, or to make such declarations or reserva- tions as were therein mentioned, and that that document was prepared in order " to prevent auy division in the county, as some few towns in the county were opposed to sending deputies to the Convention unless with such instructions." For his own part, Mr. Stevens stated that he had no particular instructions from the people of his town ; that he believed the people of the other towns gave none ; that he conceived the credentials from nal N. Y. Prov. Cong., ii. 311. Slade's Vt State Papers, pp. 66, 67. Doe. Hist N. Y., iv. 923, 924. * See ante, pp. 260, 261. 177G.] REPOKT OF THE COMJSIITTEE. 2Tl the county gave liim " full and unrestrained power in forming a government," and that he did not consider himself bound to abide by the imposed instructions except in cases where they agreed with his own judgment, Mr. Sessions also declared that he should deem it his duty " to pay regard to his instruc- tions so far as to lay them before the House, and obtain a com- pliance with them," in so far as they should "appear to be right and beneficial." In answer to another question, both gentlemen informed the Convention that they did not deem themselves required to follow the instructions, when, by pursu- ing such a course, injury might accrue to the state, or when a majority of the members might declare against the sentiments inculcated by them. At this stage of the proceedings the Convention were inlbrmed that the committee, who had been chosen on the 24th of August to report on the letter of June 21st, had made no return, and that the greater part of the members of that committee were absent. "William Duer, James Duane, Zephaniah Piatt, John Sessions, and Simon Stevens were thereupon constituted a new committee, and the whole subject was referred to them, with a request that they would examine it thoi'oughly, and recommend " with all convenient speed" mea- sures consistent with the character of the state and the situa- tion of the county. To this committee John Jay was subse- quently added. A detailed history of the course which had been pursued towards Cumberland county, in connection -u-itli the establish- ment of the ranging companies, occupied the first part of the report, which on the 4th of October was submitted to the Con- vention. The meaning of the letter of June 21st was also con- sidered, and objections were raised against paying the money demanded by Major Hoisington. In support of these objec- tions it w^as stated that there was no evidence from the muster- rolls, which had been returned, that the ofiicers and privates tlierein mentioned, had furnished themselves with the accoutre- ments required, or that other preliminary matters had been legally arranged. The benefits which the state had bestowed upon the sparsely-settled county were then recited, and in con- tinuation of and enlargement upon this toj)ic, the report pro- ceeded in these words : — " From this state of facts it appears to your committee that the former Congress, and present Convention, have manifested the most ready and cheerful disposition to protect the inhabit- 272 HISTORY OF EASTERN VERMONT. [1776. ants of Cumberland, at tlie public expense, in common with their other constituents, and without the least partiality or dis- tinction. That liberal supplies of men and money, and ammu- nition and warlike stores, according to the abilities of the state, have been granted them, as soon as their wants have been dis- closed. That this committee neither know, nor have heard, of the least cause of complaint or uneasiness, that has been given to any of those inhabitants by this state, or any under its au- thority, during the present contest for our rights and liberties. " If under the former government individuals may have been injured, it ought to be remembered, that to rescue ourselves from the oppressions of that government, the United States of America, submitting to all the miseries of war, have asserted their independence. It is unquestionable that the jurisdiction of this state over the territory which now comprehends the county of Cumberland, is coeval with its first formation as a colony, under the Crown of Great Britain, and accordingly that county was erected, and hath been represented. Laws have been passed for its internal regulation, courts established, civil and military officers appointed, and many charters for lands and privileges confirmed, by the sole authority of New York. Your committee, therefore, conceive it to be the indispensable duty of this Convention to preserve and maintain their jurisdic- tion over the said county, by every wise, steady, and prudent measure in their power, at a time when this state is invaded and pressed by powerful armies, when our utmost exertions are necessary, and we are straining every nerve for the common cause of America, for the general defence of this state, and for the more immediate defence of the county of Cumberland. " At a time when every virtuous member of the community is loudly called upon to assist his bleeding country, and har- mony and mutual confidence are so essential to our preserva- tion, and to the success of the greatest and best of causes — at Buch an important and decisive conjuncture, your committee cannot but lament that any of the inhabitants of the county of Cumberland should sufi:er themselves to be so far misguided as to assert a claim and principles subversive to all government, derogatory to the dignity, rights, and jurisdiction of this state, manifesting an unbecoming return for the assistance and pro- tection they have received out of the public treasury of their fellow-subjects at large, and implying a latent design, by a future separation from the state, to leave the whole burthen of 17T6.] REPORT OF THE COMMITTEE. 273 the present cruel and expensive war to be sustained by the rest of the community. If the extraordinary injunctions in the letter from their committee should be vindicated, it must follow that the form of government dictated by a party, from the best information, by no means the majority of the county, is to be adopted, however injurious to the general interest of this state, or disagreeable to other counties, and however unreasonable it might, on public debate, appear even to their own immediate representatives ; and thus a single county is to control the whole state, prescribe its constitution and government, and establish its laws on pain of separation. From a parity of reason every other county, and even district and town within this state, might arrogate the same power, and instead of producing order, security, and a wise and permanent government — the great and salutary purposes for which this free Convention was elected and assembled — anarchy and confusion must be the fatal result. Your committee are satisfied, however, that the letter does not convey the sentiments of the majority of the good people of the county of Cumberland, and that the general committee will, upon cool reflection, be at no loss to perceive its want of respect to this Convention, and its dangerous tendency not only to the state, but to the common cause of America ; and that after a deliberate revision they will cordially correct it, and give this Convention reasonable assurances of their attachment to its jurisdiction, and of their intention to share its blessings and misfortunes, its protection and its burthens, Hke faithful and affectionate fellow-citizens. Such a course your committee earnestly recommends as the best and surest means of removing the uneasiness which a measure so unexampled has excited, and of promoting the most perfect harmony and good under- standing throughout every part of this state. In confidence, therefore, that a thinking and reasonable people must see that their own interest and preservation, as well as the safety of the state to which they belong, and the success of the great cause in which the whole continent is engaged, cannot but be weak- ened by dissension, and by countenancing the factious and self- interested, your committee are of opinion that the requisition of the commanding ofiicer of the ranging companies of Cum- berland and Gloucester counties should be complied with, lest the good people of those counties, being disappointed of the aid and protection provided by this state, may suffer from the incursions of their enemies, before an explanation of the said 18 274: HISTORY OF EASTERN VERMONT. [1TT6. letter can be obtained from the committee of Cumberland, and have, therefore, agreed to the following resolutions : — " First : Resolved, That it is the opinion of this committee that the sum of $6,41 2|, being the remaining part of the bounty- money, and month's Avages, and rations due to the officers and men of the four companies of rangers, raised and established for the immediate protection and defence of the counties of Cumberland and Gloucester, under the command of Major Joab Hoisino-ton, be forthwith transmitted for their use. But inas- much as it does not appear, by the returns of the commanding officer or otherwise, that the men are equipped and furnished with arms or accoutrements, or that the officers have been qualified to make up their muster-rolls and returns agreeable to the directions of Convention ; " Second : Resolved, Tliat it is the opinion of this committee, that a committee from this Convention be appointed to see that the said money is faithfully applied, agreeable to the esta- blisliment of the said rangers ; for that purpose consulting with the general committee of the said counties. That they be fur- ther authorized to call upon the commanding officer and other officers of the said rangers, and, if they shall find it necessary, to review the respective companies. Tliat they be instructed to inquire into the temper of the inhabitants of the said county, and the grounds of any discontent which may prevail among tlie uninformed, or which may be encouraged by designing men, and use their endeavours to remove the same, and to frus- trate any attempt to sow the seeds of jealousy and disaffection. And, lastly, that they represent to the committee of the said county of Cumberland, the wisdom and propriety of a revision of the said letter, and of an unreserved submission of the said county to the jurisdiction of this state, so that all cases of dis- trust may subside, and the harmony, which is so essential at this important conjuncture, may be fixed on the surest founda- tion."* By a subsequent resolution this report was accepted, and was declared to be the act of the Convention. Mr, Sessions, one of the deputies, and John Taylor, of Albany county, were requested " to proceed to the county of Cumberland," and with Col. Marsh, to form a committee to secure compliance w^ith the resolutions which had been passed. The treasurer of tlie state * Miscellaneous Papers, in office Sec. State N. Y., 17Y6, xxxv. 478-4S4 1776.] MEASURES FOK PKOTECTION. 275 was ordered to pay the sum demanded by Major Hoisington, and $200 additional, to defray the expenses of the committee appointed to visit the connty. At the same time the commis- sary of tlie Convention was instructed to deliver three thousand flints to the deputies from Cumberland, two-thirds of the quan- tity being intended for the use of that county, and the remain- der for the use of Gloucester. On the 5th of October, Mr. Ste- vens, having obtained leave of absence for three weeks to visit his family, was added to the committee who had been chosen to carry into effect the late resolutions of the Convention. Five hundred copies of the resolutions were ordered to be printed, and distributed in the counties to which they particularly re- ferred, and in other parts of the state. To avoid mistakes, and to afford time for deliberation, the committee, who had reported upon the course which it was necessary to adopt towards Cum- berland county were, at the request of their chairman, James Duane, allowed to sit again. Other applications made by Ma- jor Hoisington, in the course of the month, were received with favor, and satisfactorily answered. In conformity with his duties, the Major had taken post at Newbury, that he might be able to watch the movements of the Indians and Tories, and guard the northern frontier from their incursions. From his position he was enabled to send to Generals Gates and Schuyler information of a valuable character, obtained from spies and deserters. During the en- gagement on Lake Champlain between the British and American forces, in the month of October, when it was feared that an attack would in the end be made upon Ticonderoga, messengers were sent to the New York Convention with a request for immediate assistance. Tlie committee of safety, who were in session during the recess of the Convention, appointed a large committee on the 19th, to co-operate with Gen. Schuyler in devising such measures as would ensure protection, and to this end, invested them with power to call out the whole or any part of the militia of the counties of Tryon, Charlotte, Cumber- land, Gloucester, and Albany. The summons to arms was answered with spirit. Tlie assistance of the troops was not, however, required on this occasion, for Gen, Carleton did not advance north of Crown Point. Having reached this place, he remained there until the cold weather rendered a longer stay impracticable. He then re-embarked for Canada, leaving the reduction of Ticonderoga unattempted. 276 HISTOKY OF EASTERN VERMONT. [17 76. Owing to the excitement prevailing in Cumberland county consequent upon the disturbances on the Lake, the committee who had been chosen to publish the resolutions of the Conven- tion, found it difficult to accomplish that task in a satisfactory manner. By the information of John Taylor, communicated on the 3d of November, it appeared that some of the people were in favor of the establishment of a new state, " some for joining New Hampshire, others Massachusetts, many for re- maining under New York." Referring to this state of feeling, he remarked : " I endeavoured to dissuade them from persist- ing in such idle and delusive schemes, which would meet with the approbation of such only as were fond of changes." But as his arguments did not avail, he proceeded to evince his zeal by his acts. From the side of a tavern in Marlborough he took down a notification of a town meeting, which had been called for the purpose of ascertaining the sentiments of the inliabitants respecting a revolt from New York. In giving an account of this alfair on a subsequent occasion, he remarked with pleasant naivete, or consummate impudence, " the inhabitants accused me of being guilty of a desperate mean act. They could not proceed to business for want of the notification, as the town clerk had no other minutes." His report, though neither accu- rate nor particular, presented a condition of affairs unfavorable to the continuation of the jurisdiction of New York over the New Hampshire Grants.* Before the resolutions of the Convention concerning Cum- berland county had passed, James Clay, by the advice of Col. Williams, one of the former deputies, had issued circular letters containing a request that the peojDle of each town would assem- ble and make known their intentions relative to the course they should pursue on the question of state jurisdiction, in order that their proceedings might be laid before the county com- mittee of safety at the next meeting. Written returns were received from a few towns ; verbal messages from others ; but the majority did not deem it practicable to offer a reply. The greater part of the inhabitants of Hartford favored a separation from New York, but desired that an application to that effect should be made in the state Convention before the subject was brought before the Continental Congress. The particular sen- * Journal X. Y. Prov. Cong., i 587, 646-648, 657, 650-662, 676, 684: iL 317. "Williams's Hist. Vt., ii. 82-88. Miscellaneous Papei-s, in office Sec. State N. Y., XXXV. 148, 149. 1776.] LEITEE OF MR. CIIAKLES PHELPS. 277 timent prevailing at this time was favorable to a peaceable revolt, if a revolt should be declared necessary to the well- being of the people. On the 5th of JSTovember, the county committee of safety assembled at "Westminster. When the meeting was declared organized on the 6th, there were present nineteen representatives from sixteen towns. The session was, in many respects, a stormy one. A few questions arising from the disagreement of individuals were equitably decided, and others were referred to a future occasion. A certain man who had deprived his neighbor of the use of a " run of water," was commanded to restore the privilege, and was reminded that no person had a right to deprive another " of that which God and Kature " intended for the benefit of all. Complaint was made, and the fact was proved, that Solomon Phelps of Marlborough, had made himself obnoxious to those engaged in administering the aifairs of the county. In consequence of this, the county committee ordered the committee of safety for the town of "Westminster, at which place Phelps was then visiting, " to take and convey him to y® committee of the next town, and so on till he is conveyed, as was the practise in times past, to his own home." Such was the summary mode adopted by the early inhabitants of the "Grants," in deahng with those who, by misfortune or accident, manifested an unbecoming acerbity of disposition, or showed too little regard for the sentiments of the people or community with which they were connected. But the most important topic which occupied the attention of the committee was the letter of June 21st, which had been written by Charles Phelps, and which had proved especially obnoxious to the New York Convention. Tliose who were will- ing to remain under the jurisdiction of New York wished to withdraw it from the Convention ; those who were not dis- posed to acknowledge allegiance to that state regarded its senti- ments M'ith favor, and were not disposed to recall it. "When the question was taken, the motion to withdraw prevailed. As soon as the result was made known the minority deter- mined to resent this declared opposition to their wishes. They accordingly denounced the acts of the majority as repugnant to the resolves of the Continental Congress, and entered their pro- test against any further proceedings on the part of the county committee of safety as then constituted. Explanations followed close upon their declaration, and the bolters were at length induced to withdraw their protest, and sit again as members of 278 HISTORY OF EASTERN VERMONT. [1776. the committee of safety. A committee were tlien chosen to take into consideration a proposition to recall the letter then before the Convention, and substitute another in its stead. Their report was in these words : — " The committee aj)pointed by this body, to take under consi- deration the expediency of the letter sent from this body to the Convention of the state of New York, dated June 21st, touching being laid to some other state, &c., &c., report : — ^that, whereas, the committee of the county of Cumberland have received a handbill from the Convention of the state of New York, direct- ing this committee to withdraw a letter sent to them from this body, bearing date the 21st of June last — ^We, the committee as aforesaid, having taken the same under consideration, report : That said letter ought to be withdrawn, and that we, notwith- standing, ought to enjoy all the privileges that any county in this state enjoys, and that we hold it our right to present to the Honourable the Provincial Convention of this state, a petition and remonstrance, setting forth those grievances that are the cause of the uneasiness that subsists among us, for their wise consideration and redress. And if, on proper deliberation, it may be thought proper a separation should be most conducive to the peace and happiness of this county, we do not preclude ourselves from the privilege of presenting our petition to the pjQj^bie i\^Q Continental Congress for their wise determination. "We still mean to pay all due deference to the state of New York, and pay our proportion of the necessary charges of the state." This report was accepted, and having been embodied in the form of a letter, was sent to the New York Convention. An amicable arrangement having been thus eifected, the commit- tee of safety was adjourned to reassemble on the first Tuesday of June, 1777, " and not sooner except on emergent call." So discordant were the elements of which the county w'as com- posed, that it was found necessary to issue an " emergent call" early in the following month. In compliance with this call, the committee of safety convened at Brattleborough on the 2d of December, An attempt was then made to prej)are a repre- sentation of the " broken situation" of the county. To such a course some of the members objected, and as the others were not disposed to yield, the objectors withdrew and broke up the meeting. The few who remained addressed a letter to the county representatives in the New York Convention, and de- 1YY6.] DISCORD AMONG THE RANGING COMPANIES. 279 sired them to lay before tlieir colleagues such a description of the state of the county as the circumstances would warrant. Tliis was the only business ti'ansacted, and the members retired without naming any time or place for another meeting. On the same day, the freeholders of Chester assembled in town meeting, and appointed Thomas Chandler to prepare a memorial to be sent to the New York Convention, setting forth the sentiments of the majority of the inhabitants of that town respecting the manner in which the affairs of the county had been conducted ; and remonstrating against the propriety of allowing the representatives from Cumberland county to sit in Convention, when they had been chosen to that position by less than one-quarter of the votes of the people. The memorial was presented to the people a week later, and having been ap- proved of, the author of it was chosen to proffer it whenever a fitting opportunity should occur. In addition to the disaffection arising from troubles of a civil nature, discord began to prevail in the ranging companies of the two counties. Major Hoisington had demanded of the New York Convention certain wages which he declared were due his men. The payment of this claim was delayed, because it had been neither satisfactorily stated nor proved. Failing to receive their wages, the men were not easily prevailed upon to do duty, even when their aid was most needed. In this emer- gency Gen. Jacob Bayley, of Newbury, wrote, on the 20th of No- vember, to the committee who had been appointed to settle the difficulty with the rangers, in these terms : " If our rangers have not what was engaged them, viz. bounty, one month's pay, and billeting, we have no right to command them ; and if that payment is not made, we must not expect them on any duty ; and if General Gates, who doubtless stands in need of them, should call for them, he must be disappointed. "Where the blame lies I cannot say. However, it is my opinion that the Major be paid according to his rolls, if authentic; after- wards he may be called to account, if he has been faulty. Otherwise, the whole had better now be dropped ; better now than when one or two months' more time is spent to no purpose." The prospect that the county would much longer remain, of its own accord, a part of the state of New York, was every day becoming more and more uncertain. At the close of the year 17T6, the disaffection had become so general that many of the principal men were ready to announce their secession, and join 280 HI8T0KT OF EASTERN VERMONT. [1776. in forming a free and independent state, to include the whole of the New Hampshire Grants lying between Connecticut river and Lake Champlain.* * Miscellaneous Papers, in office Sec. State K T., xxxvi 191-196, 199-235 MS. Records Cumb. Co. Com. Safety. Journal N. Y. Prov. Cong., iL 210, 214, 315. MS. Records of town of Chester. Doc. Hist. N. Y., iv. 922, 923. CHAPTEK XI. THE FOEMATION OF THE STATE OF VERMONT. Disafifection of the Inhabitants of the " Grants" towards New York — The Rangers — The "Westminster Convention — " Is ew Connecticut, alias Vermont" — Report on the condition of Cumberland and Gloucester counties — Appeal to Congress — Efforts to obtain the Services of the Rangers in behalf of the State of New York — Col. William "Williams's opinion — Attempts of John Sessions to establish peaceful Relations — Letter of Bayley, Clay, and Sessions — Commissioners ap- pointed by New York to take charge of the Property of those who had left the State — New York adopts a State Constitution — Powers of the Committees of Safety enlarged — ^The first State Election ordered in New York — Meeting of the Friends of New York in Brattleborough — Their Report — Resolutions of the New York Convention thereon — Meetings of the Cumberland county Committee of Safety — Their " True Representation" — Sanitary Measures — Adoption of the Constitution of Vermont — Congress refuses to countenance the Proceedings of the New State — The Rangers ordered to Kingston — ^They Refuse to Obey — Charles Phelps attempts to procure Arms from Massachusetts — His Petition and the Reply — Alarm at the expected Approaeb of Burgoyne — Burgoyne's Instruc- tions to Baum — The Victory at Bennington — The increasing power of Vermont — George Clinton elected Governor of New York — Action of the Cumberland county Committee of Safety — Charles Phelps's statement of the right of Massa- chusetts to a Portion of the Territory of the State of Vermont. Many there were, in the state of New York, who would have gladly denied the existence of any alienation between that go- vernment and the inhabitants of the New Hampshire Grants had not the fact of such an alienation been too clear to admit of a doubt. An occasional forced admission, by the former government, of the real condition of affairs, was also significant of the pains which were generally used by one of the parties to conceal it. Near the close of the year 1T76, Washington ordered Gen. Heath " to march to the grand army on the banks of the Delaware, with the troops under his command." In the recess of the New York Convention, the state committee of safety informed his Excellency, that it would be unsafe to comply with his requi- sition, and advised some other course. In their letter to him, 282 HISTORY OF EASTERN VERMONT. [1777. dated January 1st, 1777, containing these suggestions, tliey said : " On this occasion, we beg leave to lay before your Excellency the true situation of this state. It formerly consisted of four- teen counties, of which five, and a part of the sixth, are in pos- session of the enemy, and a considerable part of the inhabitants of the counties of Gloucester, Cumberland, and Charlotte, ap- pear determined to shake off their dependence upon us, so that above one half is lost ; of the remainder, a considerable propor- tion is disaffected, and ready upon a favorable opportunity to join the enemy." Such was the light in which even the most sanguine were compelled to view the situation of the " Grants." Notwithstanding these disheartening prospects, the wants of the counties of Cumberland and Gloucester were still supplied, to a certain extent, by the state of New York. The four rang- ing companies, whose aid had not proved as effectual as many had supposed it would prove, clamored loudly for their wages, although they were almost forced to confess that they had not earned them. Tlieir major, Joab Hoisington, had journeyed to Fishkill, where the state committee of safety were in session, to obtain a settlement for them. This he partially effected, but being detained beyond the time fixed for his absence, he was forced, on the 11th of January, to apply to the committee for funds to enable him to return. His request was granted, and wages were paid him on account of services rendered, and to be rendered by him in his official station, A resolution was also passed on the 1-lth, by which the Convention agreed to lend to the county of Cumberland " a sum not exceeding £300," on certain just and easy terms. Owing to the neglect of the com- mittee of Cumberland county to furnish their representatives with money. Sessions and Stevens applied to the Convention for the wages due them for their services rendered as members of that body. In answer to this request, £70 were advanced to them, and they were requested to account for that amount to the county committee, who were directed to consider it as a part of the £300 loaned by the Convention to the county.* While New York was endeavoring to bind the wavering counties to herself by acts of kindness, they were striving openly and in secret to effect a separation. On the 15tli of January, an adjourned meeting of the convention of the " Grants" which had assembled at Dorset in September of the previous year, * Joorna N. T. Prov. Cong, I 753, 770, 771: ii 379. 1777.] DISAFFECTION TO NEW YOKE. 283 was lield at "Westminster. By a report made on that occasion, it appeared that more than three-fourths of the people of Cum- berland and Gloucester counties, who had acted upon the sub- ject, were in favor of a new state. The rest were \dewed as neutrals. On the west side of the mountains where the pn^'ect had made most head, separation from New York was not only regarded as necessary, but inevitable. A committee appointed to prepare a report expressive of the views of the convention, presented the result of their deliberations, in the form of a decla- ration of rights and independence. The statements and avowals which it comprised, were adopted unanimously, and the district of territory, known as the Kew Hampshire Grants, was pro- claimed a separate and independent state, and was called " New Connecticut alias "Vermont." An accc^mit of these proceedings was transmitted to the Continental Congress, accompanied by a prayer that the declaration of the people might be received, and New Connecticut ranked " among the free and independent American states, and delegates therefrom admitted to seats in the grand Continental Congress."* While measures like these were engaging the attention of the inhabitants of the new state, the New York state committee of safety were engaged in devising means to stop the revolt, and bring back the disaifected to their allegiance. The gentle- men appointed to visit the two river counties and inquire into their condition having returned, had announced their readiness to submit the result of their investigations. A hearing was granted them on Saturday, the 18th of January, and while their chairman was reading the report they had prepared, the Cumberland deputies listened in silence and with sorrow to the accounts which they too well knew were true in each particu- iur. The arguments which had been made use of by the Green Mountain Boys to swerve their ultra-montane brethren from tlie path of duty were detailed at length, and although some of them were baseless, many were so specious as to call for a good share of discrimination to detect their fallaciousness, while * The convention, after sitting from the 15th to the 22d of January, adjourned to meet at Windsor on the first Wednesday in June following. Tliere appears however, to have been a meeting intermediate. A call was issued on the SOth of January by Nathan Clark, for a convention at Dorset, and by the records of the town of Chester, it seems that Lieut. Jabez Sargeant was chosen ou the 13th of February, to attend the special convention, and act " for the good of the state of New Connecticut, and for the town of Chester, according to tlie best of his un- derstanding." — MS. Records of Chester, Slade's Vt. State Papers, pp. 68-73. 284 HISTORY OF EASTERN VERMONT. [1777. others were sound and conclusive. When the reading was finished, every member then present, and " every member in the neighbourhood " to whom notice could be sent, were directed to attend on the Monday following for the purpose of passing upoji the report. At the appointed time the subject were dis- cussed at length, and an appeal to Congress was decided upon as the inceptive step in whatever proceedings might follow. That the matter might be placed in its proper light. Congress were informed that, at the commencement of the struggle for American liberty then in progress, the inhabitants of Cumber- land and Gloucester counties had " in general " submitted to the jm-isdiction of New York, obtained grants and confirmation charters from that state, and been ruled by magistrates of her appointment ; that " a spirit of defection and revolt " had lately been extended to those counties, " through the arts and misre- presentations of certain people inhabiting the county of Char- lotte, distinguishing themselves by the name of Green Mountain Boys, and their emissaries ;" that the Congress and Convention of Kew York had hitherto viewed " the eflects of this danger- ous insurrection with silent concern, being restrained from giv- ing it a suitable opposition, by the apprehension that it might, at so critical a juncture," weaken their exertions in the com- mon cause ; that the insurgents from Charlotte county had incited many of the inhabitants of Cumberland and Gloucester to unite with them in asserting a separate independence, in holding a separate convention, and in " framing a petition to the Honourable Congress for its sanction and approbation of this unprovoked revolt ;" that the loss of so valuable a terri- tory, whose people during the present war had received " libe- ral allowances out of the public treasury " of the state, would not only burden those remaining with enormous debts, but would, at every future period, afford an excuse for others who might wish to deny the jurisdiction of the state, and set her authority at defiance; and finally, that it had become abso- lutely necessary that " proper and vigorous means should be forthwith exerted " for vindicating the rights of the Convention of the state of New York. In view of these considerations and others as potent, the committee resolved that a proper applica- tion should be immediately made to the Congress of the United States, to whose justice the " insurgents" had appealed, request- ing them to interpose tlieir authority, and recommend to the " in- surgents" a peaceful submission to the jurisdiction of New York. 177T.] APPEAL TO CONGRESS. 285 In accordance with these views, a letter was dispatched to the president of Congress, embodying an epitomized account of the sentiments of the committee, and inclosing the resolve which had been passed and the preambulatory remarks con- nected with it. Notwithstanding this appeal, confidence in the revolting counties had not entirely disappeared. On the 21st of January a resolution was passed ordering an application to be made to some of the counties in the state, for blankets and stockings for the army ; and Cumberland, Gloucester, and Char- lotte were included among the counties from which relief was to be sought. A few weeks later, when the position of Ticon- deroga was considered perilous on accoimt of the smallness of the force to whose care it was intrusted, Gen. Schuyler was empowered, on the 9th of February, to dispatch one-fifth part of the militia of several of the counties of the state, among which counties were the three mentioned above — to reinforce the garrison at that post. Owing to reasons of policy, the resolutions and letter of the 20th of January were not immediately transmitted to Congress. All hopes that a decided change would take place in the senti- ments of the majority of the inhabitants of the " Grants" hav- ing failed, the state committee resolved, on the 1st of March, to present their appeal to Congress without further delay. With the letter which had been already prepared another was sent, in which were detailed several facts which had lately trans- pired. One paragraph in this communication was in these words : " The Congress may be assured that the spirit of defec- tion, notwithstanding all the arts and violence of the seducers, is by no means general. The county of Gloucester, and a very great part both of Cumberland and Charlotte counties, continue steadfast in their allegiance to this government." In support of this declaration as regarded the first named county, reference was made to a letter, inclosed, from Brigadier-General Bayley, and in proof of the rest of the statement, it was affirmed that Cumberland and Charlotte were still represented in the IsTew York Convention, and that " out of eighty members who were expected to have attended the mock convention of the deluded subjects" of New York, twenty only were present.* Intrusted * The number of delegates in nttendance at the convention held at Westmin- ster on the 15th of January, 1777, and referred to in the text, was twenty-four. Three towns expressed their approbation of its measures by letter. — Slade's Vt. State Papers, p. 68. 286 HISTORY OF EASTERN "STERMONT. [1T77. with these documents, a messenger was dispatched to Con- gress.* The death of Joab Hoisington, which took place early in the year, left the rangers without a commander. Tlie conduct of these soldiers, from the first, seems to have given but little satis- faction. In a letter to Gen. Schuyler of the 24th of Februaiy, Col. Bedel declared that they had not done three days' duty since they were enlisted, and other accounts, though not so dis- paraging, were in no instance complimentary. Being now wholly unemployed, although they had been engaged to serve during the war. Gen. Schuyler proposed to the Convention that they should be located where they could render some assistance. " I apprehend," wrote he on the 4th of March, " there will be occasion of their service as scouts to be employed on the head of the river St. Francis, and although I have no immediate power from Congress to engage any troops for that purpose, I shall nevertheless venture on the measure if Convention should think proper to direct that they should be put under my com- mand as Continental troops; in which case the Continental bounty will be allowed to Convention to replace what it may have advanced them." This communication, and another dated the 6th of March, on the same subject from Gen. Bayley, were read in Convention and committed to Charles De Witt, Simon Stevens, and Leonard Gansevoort. A report was prepared by these gentlemen, advising the adoption of certain measures. Their propositions were read on the 11th of March, but were not received with favor, and the whole matter was recommit- ted, James Duane and John Taylor having been added to the committee. A second report was submitted on the 15th, which declared, that, owing to the present state of Gloucester and Cumberland counties, the rangers raised under the command of the late Major Joab Hoisington, ought to be continued in service, pro- vided they would agree to be employed "for the support of the common cause of America," in such manner as the Convention or a future Legislature of the state should think proper. If an understanding of this nature could be effected, the committee recommended that the companies should be mustered by com- missioners appointed for that purpose, and such soldiers as might be willing to serve as before, should subscribe an enlisting roll * Journal K T. Prov. Cong., i. 115-180, 800, 820, 821. Slade's Vt. State Pa- pers, pp. lo-l5. Doc. Hist. N. Y., iv. 925-930. 177 T.] DEFECTION AMONG THE IVIILrnA. 287 to that effect. They further advised that the commissioners should thereupon appoint one lieutenant for every thirty men, and one captain for every two lieutenants; and that such of the soldiers as should refuse to serve, should be discharged, having first received one-half of the bounty which had been voted by the Convention to such as should engage to serve during the war, together with "pay and subsistence" for the time they had been employed. They recommended the appointment of Gen. Jacob Bayley, John Sessions, and James Clay as commissioners, not only for the purpose aforesaid, but also to examine into and state the sums due to the officers and privates of the ranging companies according to their actual services. For their trouble and expenses while actually employed in this business, they were to be paid two dollars each, per diem. The consideration of this report, in consequence of its connection with some other topics which had not been fully discussed, was postponed. When it again came before the Convention on the 17th, it was, on the motion of Gouverneur Morris, a second time recommitted. When, on the 18th, final action was had, no alterations were made in the propositions above stated. In accordance with the resolve of the 9th of February, Col. William Williams of Wilmington had received orders both from Gen. Schuyler and the Convention to enlist every fifth man in the lower regiment of the militia of Cumberland county for the purpose of assisting in the reinforcement of Ticonderoga. He immediately undertook the task which had been assigned him, but the spirit of defection had spread so far, that he met with but little success. "I find," he wrote on the 13th of April, " that in general the men are averse to go out under the state of Xew York, neither do I think it possible for me to raise any men. Tliey are ready to go out under the notion of New Hamp- shire Grants, or a new state ; but for my own part I am willing to serve under York until the matter can be decided by the Continental Congress." Similar orders were transmitted to Col. Joseph Marsh, the commandant of the upper regiment in the county. His exertions were followed by more favorable results, for he had the good fortune to succeed in collecting his men and in marching them to the place to which they had been ordered. The commissioners who had been chosen to settle with the rangers, dispatched the business with commendable diligence. In communicating an account of their transactions to the Convention, on tlie 21st of April, John Sessions, the chair- 288 HISTORY OF EASTERN VERMONT. [1777. man, signified his regret that all the negotiations which had been had, concerning the rangers, had been attended with "such perplexity and cost," and expressed a hope that more care would be taken in the future to avoid mistakes and pre- vent misunderstandings. He recommended the appointment of a paymaster and commissary, for the companies which should be continued in the service, and proposed Gen. Bayley for those offices. He also advised, in case the General should re- ceive the appointments, that he should be further empowered to correspond with the commanding officer in the northern depart- ment, and in that way act as director of the rangers of Cumber- land and Gloucester counties. He further declared that the situation of his own and the country's affairs, rendered it almost impracticable for him to attend as a deputy in the Convention. At the same time he asserted his loyalty to the state of New York, and his displeasure at the course which many of his friends were pursuing. Referring to the attempt to estabhsh the state of New Connecticut or Vermont, he said, " I hope if prudent measures are taken this new-fangled scheme will, like the house of Saul, wax weaker and weaker. I ardently wish that some decisive measures might be taken that the sword of justice and sceptre of mercy may be properly exercised." In the same reasonable temper, he remarked that he had no dis- position to extenuate the faults of those who manifested such contempt for the authority of New York. He desired that every obstacle with respect to the title of lands might be re- moved, and expressed the wishes of the naore moderate inhabit- ants of the county, when he indirectly recommended the abo- lishment of quit rents, and advised the substitution- of a land tax in their place. A joint letter was prepared on the 2d of May, by Bayley, Clay, and Sessions, the commissioners for settling with the ran- gers. In this communication, the Convention were informed of the course which had been pursued in investigating and wiping out the old accounts. The formation of a company mustering one hundred and fifty-two men, to be divided according to the plan previously suggested, was announced as the result of the efforts which had been made to secure re-enlistments. A pro- position was made that these soldiers should be employed as scouts and messengers between Connecticut river, Ticonderoga, and Canada, and that they should be paid according to the rules of the Continental service. This communication having been 1777.] FURTHER PROCEEDINGS OF THE CONTENTION. 289 read in Convention, was referred to a committee, who, after due deliberation, reported the accounts therein stated correct. Con- formable to this report, the treasurer of the state was directed to pay to the commissioners, the sum of $13,430, and take a receipt for that amount from the messenger who had been deputized by the commissioners to receive the money. Upon the suggestions regarding the method of employing the new troops, no action was taken.'^ While endeavoring to regulate the militia, the Convention had not neglected to attend to the general welfare of Cumberland county. In every part of New York, as in the other states, many who had joined the enemy, had left their possessions in such a condition as to render them liable to waste, or to be employed for purposes unfriendly to the cause of liberty. To prevent these results, commissioners were appointed, on the 6th of March, in every county, to take into their custody " all the personal property" of persons answering to the above description, and sell it at public vendue after ten or more days' notice. An account of each sale was to be left with the treasurer of the state, as were also the net proceeds and such moneys as might be found. The whole was to be paid to the respective ownei's, at some future time, or disposed of, at the discretion of the Le- gislatm'e of the state. Strict directions, however, were given that the families of persons who had joined the enemy, should be allowed to retain their apparel, necessary household furni- ture, and as much provisions as would be sufficient to maintain them for three months. James Clay, Amos Robertson, and Israel Smith, were chosen commissioners for Cumberland coun- ty ; but the appointment of commissioners for Gloucester county was deferred, until the names of persons fitted for the trust could be obtamed.f By a resolution passed on the 21 st of March, the commissioners were authorized, in case of a refusal to deliver up property over which their office gave them jurisdiction, to apply to the committee of the county or district in which they might meet with opposition, for such aid as should be judged necessary to enable them to perform their duty. * Journal N. Y. Prov. Cong., i. 825, 831, 837, 839, 841, 907, 916 : ii. 404, 421, 481, 476, 477. MS. Letter CoL J. Bedel to Gen. Philip Schuyler, dated Feb. 24tli, 1777. f By the advice of Col. Jacob Bayley, the Convention on the 2d of May, 1777 appointed Col. Peter Olcott, Col. Jacob Kent, and Maj. Israel Smith, conunission- ers for Gloucester county. — Journal N. Y. Prov. Cong., i 907 : ii. 498. 499. 19 290 HISTORY OF EASTERN VERMONT. [1777. One of tlie most important measures of the Convention, during the year, was the adoption of a state constitution. This event took place on the 20th of April. It would, of course, be out of place in this connection, to present a detailed account, or even an epitome, of this most " venerable monument of the wisdom ' >f our high-minded ancestors." Let it be sufficient to say, that such men as John Jay and Gouverneur Morris were its found- ers, and that it continued to guide and govern the people of Xew York until the year 1821, when a new system was adopt- ed. By its provisions, the supreme legislative power was vested in an Assembly and a Senate. In the former body, Cumber- land county was allowed a rei^resentation of three members and Gloucester two. The state was divided into four senatorial dis- tricts ; and of these the eastern district comprised the counties of Charlotte, Cumberland, and Gloucester, and was permitted to elect three of the twenty-four state senators. Until the new constitution should take effect, the Convention were willing to increase the powers and dignify the character of the committees of safety, who had acted so important a jiart in regulating the affairs of the districts, counties, or towns over which they bore rule. To this end, they passed a recommenda- tion, on the 21st of April, counselling all the committees in the state " to use their utmost endeavors to apprehend, secure, and otherwise, according to their discretion, dispose of all such per- sons" as they might deem inimical or dangerous to the state. As the time for which the committees were appointed to serve would soon expire, the Convention adopted a resolution, on the Sth of May, calling on the inhabitants of the state to choose '• active, spirited, and discreet" persons to act as committee men, and to continue in that service until the 1st of the follow- ing October. " Although," said they in the handbill which was circulated throughout the state, " although the office of a mem- ber of any of the said committees is extremely painful and labo- rious, yet, as the service will probably expire before the said day, it is most earnestly recommended to the good subjects of this state, cheerfully to undertake, and vigilantly to execute, the said office ; more especially, as the last hope of our dispirited foes is now grounded upon those intestine divisions which they so assiduously labor to promote, by the assistance of which they expect to accumulate greater evils upon a country which they cannot subdue, and without which all their diabolical designs must prove utterly abortive." Special powers were given tc 1TT7.] MONETARY APFAIR6. 291 some of the committees. Tliose of Albany, Tiyon, Charlotte, Cumberland, Gloucester, Ulster, and Orange counties, were re- quested and authorised " to take the most effectual measures to prevent, suppress, and quell all insurrections, revolts, and disaf- fection within their respective counties," and were also empow- ered to call out the militia to aid them in destroying or securing any who might be found in arms against the state. At the same time measures were taken by the state to main- tain the monetaiy affairs of Cumberland and Gloucester comi- ties, and an attempt was made to exert a more direct influence upon the people by appointing to such offices as the state government was empowered to fill men who were friendly to its interests and designs. At the request of Simon Stevens, one of the deputies from Cumberland county, the Convention, on the 3d of May, ordered the state treasurer to accommodate him with the sum of £60, and render the charge to his constituents. Tliis circumstance showed that confidence was still reposed in the honor of the county, although its loyalty was, to all aj^pear- ances, irrevocably lost. On the 5th of May, Paul Spooner was chosen by the Convention, sherifl" of Cumberland county, and in conjunction with other sheriffs in the state, was ordered to qua- lify himself without delay, and give public notice in his baili- wick of the time, place, and manner of the first state election, and of the offices which were to be filled.* Tlie places desig- nated for holding the election in Cumberland county, were the house of Seth Smith in Brattleborough, the house of Luke Knowlton in New Fane, the Court-house in Westminster, the house of Jonathan Tarbell in Chester, the Town-house in Wind- sor, and the house of Col. Joseph Marsh in Hertford. Writs of dedimus potestatem were issued to John Sessions and John Stevens, to enable them to qualify the county officers of Cum- berland county ; and the same authority was given to Brig.-Gen. Bayley, to be exercised in the county of Gloucester.f Meantime,those who continued favorable to the government of I^ew York were striving to stem the opposition which surround- ed them on every side. In Brattleborough, they were more * Spooner declined the appointment soon after it had been given him, and the Convention were informed of his refusal in a letter which he wrote them, and which was presented on the 15th of July, ITV*?, by Col. Eleazer Patterson of Hins- dale, now Vernon. — Journal N". Y. Prov. Cong., i. 995. f Journal K Y. Prov. Cong., L 826, 845, 892, 898, 910, 912, 917, 918, 935, 937. Dunlap's Hist. N. Y., ii. 130. Handbill issued " In Convention of the Representa- tives of the state of New York, at Kingston, May 5, 1777." Pingry MSS. 292 HISTOKT OF EASTERN VERMONT. [IT 77. numerous than the Vermont adherents, and were not afraid to act as their convictions dictated. At one of their meet- ings held in that town, on the 22d of April, they declared that, as they had always owed allegiance to the state of Xew York, so they would continue to pay that allegiance, and would strictly adhere to such directions as might be sent from the Convention of that state. To express these views to the New York Convention, Israel Smith was chosen agent for the town, and his instructions, dated the 25th of April, pointed out to liim the manner in which he should fulfil his commission. He was especially directed to inform the Convention, that, at the meet- ing held at Westminster on the 15th of January previous, not one half the towns in Cumberland county were represented ; that all the people in Brattleborough were loyal to the state of New York, and considered themselves in duty bound to execute all orders of the state and Continental Congress ; and that, in the opinion of many, these were the sentiments of the majority of the property holders in the county. He was also instructed to say, that the spirit of faction was so rife that it was dangerous to speak against a new state, and that the difficulties prevalent in the county, were neither few nor unimportant. These instruc- tions were signed by Obadiah Wells, Seth Smith, Samuel War- riner, James Blakeslee, and John Grilfin. On his appearance in Convention, on the 6th of May, the .papers with which he had been intrusted were read and com- mitted to Gouverneur Morris and Simon Stevens. In his con- ferences with these gentlemen, he informed them more particu- larly of the condition of the town which he represented, and, in a general way, of the affairs of the county. The report of the committee was divided into two parts; the first part having reference to those inconveniences which obtained equally in the counties of Cumberland, Gloucester, and Charlotte, arising from the uncertainty or defect of land titles, distance from the seat of government, and the exaction of heavy quit rents ; and the second part relating to the disadvantages suffered by the people of Brattleborough on account of their steady attachment to New York. Ill the latter portion of the report, the committee, in conformity with the information given them by Mr. Smith, and obtained from other rehable sources, declared that the inhabit- ants of Brattleborough had, on account of their " unwearied op- position" to the independence of Yermont as a separate state, and their allegiance to New York, become odious to some of 177T.] RESOLUTIONS OF THE COinilTTEE. 293 their neighbors ; that, owing to the indolence or disaffection of their mihtia officers, they were not in a position to exert them- selves against the common enemy, although willing to aid, should their services be required ; that thej w^ere in want of arms to reduce the tories to subjection ; and that, although they were ready to join in new and spirited measures against the Tories, yet it was feared that it would be impossible to collect a county committee to carry such measures into execution. In view of this representation, and of the general condition of tlie state, the committee reported on the 10th, that it would be utterly impracticable to furnish the inhabitants of Brattlebo- rough with arms ; and that the odium they had incurred from their attachment to l^ew York, could not be removed except by a change in the opinions of those who favored the new state — a change which the committee imagined would take place as soon as those who had revolted became convinced of their true interests. Upon the remainder of the representation, the committee submitted these resolutions : — " First. Whereas it hath been represented to this Conven- tion, that divers of the inhabitants of the county of Cumberland, Avho are desirous of continuing the subjects of this state, are, from divers reasons, incapable of exerting themselves in the general defence, particularly from the want of proper officers — therefore. Resolved, that it be recommended to such inhabit- ants to associate as follows, to wit : ' "We, the subscribers, sub- jects of the state of ISTew York, do associate together for the defence of the United States against the King of Great Britain, as follows : First. We will choose our officers by vote of the majority in each respective company or regiment. Secondly. We will obey our officers so chosen in the same manner as the militia of the said state, render obedience. Thirdly. Tlie names of the said officers shall be transmitted to the government of the said state, and to the general in the northern department. Lastly. This association shall continue in force until revoked by proper authority.' " Second. Whereas it hath been suggested to this Convention, that the county committee of the county of Cumberland cannot be collected together but with great difficulty. Resolved, that any committee chosen by the inhabitants of three or more adjoin- ing townships, within the said county, may exercise the powers [of a county committee of safety.]" That part of the report which related to the condition of the 294: HISTORY OF EASTERN VERilONT. [1777. "Grants," together with the portion ah-eady cited, was tabled, the two resohitions excepted. The latter of these was, how- ever, changed so as to read thus : " Eesolved, that such of the members of the said county committee as, on due and regular notice for the convening of the said committee, shall meet, be authorized to proceed to- business." Such was the result of Smith's mission to the Kew York Convention.* Encouraged by the evidences of good will on the part of N"ew York, the county committee of safety still continued to exercise their functions, though unable to secure such obedience to their orders as they desired. At a general meeting held in the Court- house at Westminster, on the ■ith of June, it was resolved that an attempt should be made to give greater vitality to their ope- rations. Twelve members from eight towns only were in attend- ance on the first day. A chairman and clerk were ajipointed, a few complaints were heard, but it was deemed inexpedient to proceed with the business of the meeting. A postponement was therefore agreed on. TVhen the committee reassembled on the following morning, and it became known that no addition had been made to their number, an adjournment was voted, and the members separated, witli a fuller persuasion than they had ever before felt, of the weakness of the minority which they represented. At the adjourned meeting, held on the 17th of June, six members from five towns were present. After waiting for two days in the vain hope of collecting a quorum, a readjournment was resolved on, and the house of Capt. John Sergeant in Brattleborongh was selected as the place for the next meeting. Nine members from six towns assembled in Brattleborongh, on the 26th, at the second adjourned meeting. It had now become evident that it would be impossible to command the attendance of a majority of the members. The committee accordingly re- solved that they would act in accordance with the dispensation which had been granted them by the iJsTew York Convention, and proceed to business without a quorum. James Clay, Elea- zer Patterson, and Hilkiah Grout were thereupon chosen a com- mittee to draft a "True Eepresentation of the Broken State, of the Inhabitants of the County," and assign some reasons for the conduct of the county committee in neglecting to observe the * Journal N. Y. Prov. Cong., i. 913, 921. Miscellaneous Papers, in office Sec. State, N. Y. xxxvii. 57, 397 : xxxix. 23. Doc. Hist. IS'. Y., iv. 930-940. 1777.] REPORT OF THE COMillTTEE. 295 resolves of the Convention respecting the election of n Governor and representative ofiicers. Their report was in these words : — " Pursuant to the resolves of the Honorable Convention of the state of New York, appointing the committee of the county of Cumberland to assist the sheriif in holding the election for Gri- vernor, Lieutenant Governor, Senators, &c., the county commit- tee from eight towns met on the ■ith day of June, instant, and proceeded to make choice of Capt. James Clay, chairman, and Mr. Simon Stevens, clerk, and after deliberating on the import- ant affairs and broken, state of the county, adjourned until the 17th day of June, instant, at which time they met according to adjourmnent from five towns. But the sheriff having resigned his commission, and entirely refusing to act thereon, and the committee being terrified with threats from the people who are setting up a new state here, thought it imprudent to proceed to any business, and adjourned to meet at Brattleborough on this 26tli day of June, where they are met according to adjourn- ment from six towns, and where also a number of men who are appointed by several towns to make their disapprobation to the proceedings of the late convention at Windsor publickly known, in some proper manner, meet the committee and joyne with them in representing the broken and disordered state of the county, and making their disapprobation of the proceedings of tbe late convention at "Windsor, known to the Honorable Con- vention or Assembly of the state of New York. " "We therefore, the committee of the county of Cumberland, and others specially appointed by the towns of Weathersfield, "Westminster, Putney, Brattleborough, Hinsdale, and part of Guilford, for said purposes, do represent as follows, viz., that the convention held at Windsor on the 4th day of June, instant, for the purpose of establishing their new state of Yermont,'"^ have taken into their possession the prison of this county, and have strictly forbid all committees acting under the authority of the state of New York, so that it is become impracticable for the county committee, or any other committee to proceed to any publick business in this county. As the result of these measures, several prisoners now in prison in this county who * The Vermont convention, held at Windsor on the 4th of June, recommended to the people of the new state to assemble in their i-espective towns on the 23d of the same month, and choose representatives to meet at Windsor on the 2d of July following, for the purpose of forming a constitution, and tleotir.g delegates to the Congress of the United Slates. — Various IISS. 296 HISTORY OF EASTEEN VEEMONT. [1777. might have "been set at liberty, agreeable to the resolves of the Convention of the state of New York, are still kept in prison in the most pitiful circumstances, and are so like to continue. The publick peace is so interrupted by the proceedings of this convention at Windsor, and by those disorderly persons who are so warmly engaged in supporting the illegal authority of their new state, that it hath already considerably hindered the raising of men for the common defence ; and we think we have reason to believe that if a stop is not speedily put to this spirit of disorder which rages so vehemently here, a final period will soon be jjut to any further provision being made in this county for the common defence of America. "We further represent that a considerable number of the people in this county who are so warmly engaged in setting up their new state, have not any or but httle j)roperty which they can claim nnder any grant whatever ; and we really believe that the leaders of the people Avho are for the new state in this county, are pursuing that which they esteem their private interest, and prefer that to the publick weal of America, and that they are determined to support the authority of their new state at all events ; and we really believe that without the interposition of the Honourable Continental Congress they will never submit to the authority of the state of New York until obliged so to do by the sword. " And we do hereby solemnly declare, that we entirely disap- prove of the proceedings of the late convention at Windsor, and of all persons whatever acting under authority of said con- vention, and that we will, at all times, do our best endeavour to support the legal authority of the state of New York in the county." This report having been accepted by the committee, was signed by James Claj, the chairman. Eleazer Patterson and Hilkiah Grout were deputed to present it to the Convention of New York. In the credentials which were given them, it was stated that the expense of their journey was to be paid by private subscription, inasmuch as the state of the county rendered it impossible to raise money in any public way.* * Col. Patterson presented his commission, and the various papers entrusted to him, to the New York Council of Safety, on the loth of July, 1777. They were committed to Robert R. Livingston, Gen. John Morin Scott, and Major Christopher Tappen, but the records do not show that any action was had upon them. — Journal N. Y. Prov. Conff., i. 995. 1Y77.] MEETIKG OF THE NEW STATE COISTVENTION. 297 One other act of the committee is worthy of notice. By a resohition of the New York committee of safety, passed some months previous, autliority had been given to the comity com- mittees to select phices suitable for the residence of persons who should be inocidated with the small-pox. In conformity with this resolve, permission was now granted by the county committee to erect a house in Brattleborough to be used for that purpose. Obadiah "Wells, Capt. John Sergeant, and Lieut. Israel Smith, were empowered to select a proper site for the building, which when completed was to be in their charge. Special instructions were at the same time given them as to the manner in which they should act, and they were enjoined to be watchful, lest through any neglect the dreaded disease shoidd extend its ravages among those who could not receive the treat- ment necessary to their health and safety. The committee then adjom-ned, to meet on the first Tuesday in September, at the court-house in Westminster.* On the 2d of July, the convention of the new state of Ver- mont assembled at Windsor. The draft of a constitution was presented and read, and the convention entered upon an exami- nation of its articles, determined to accept of nothing which would not support the principles of republicanism and demo- cracy combined. In the midst of their deliberations, news came that Ticonderoga had been evacuated, and that the frontiers of the state were exposed to the ravages of the enemy. Many wished to break up the convention and return to their homes, in order to defend their families and firesides. But Providence had ordered otherwise. "While fear seemed to paralyze efibrt, and doubt to render the little action which was exerted inefiect- ual, a violent storm arose. So fierce was the conflict of the elements, that the members were compelled to remain. A new life seemed to inspire the convention. The constitution was read, paragraph by paragraph, amid the roaring and flashing of batteries fiercer, louder, and brighter than those with which the British were at that moment endeavoring to environ the Americans in their flight from Ticonderoga. Evening saw the work completed. The constitution had been adopted, a council of safety had been appointed to act during the recess, and the convention had adj ourned. Besides the adoption of the constitu- * MSS. in the possession of the Hon. William M. Pingry, containing a record of the acts of the Cumberland county committee of safety. Journal N. Y. Prov. Cong., i, TVS. 298 HISTOET OF EASTERN VERMONT. [1777. tion, little else was done by the convention. A right to the county jail at "Westminster was, however, reiterated, and orders were issued to a sergeant and six men to guard it both by night and day, and to permit no one to advance within six feet of the gratings, or to approach the j ail door.* While the New York and Vermont adherents were struggling for the supremacy on the soil which they both claimed, the supporters of the former in the New York council of safety, were endeavoring to wring from the Congress of the United States an expression of opinion as to the vahdity of the con- flicting claims. In a letter to Congress of the 28th of May, wherein reference was made to those who had been instrumental in declaring the independence of Yermont, they said : " Al- though we apprehend no great difficulties in reducing these factious spirits to obedience and good order by the justice and vigor of the government of this state without the aid of Con- gressj yet as a report prevails, and is daily gaining credit, that they are privately countenanced in their designs by certain members of your honourable house, we esteem it om* duty to give you this information, that by a proper resolution on that subject, the reputation of Congress may cease to be injured by imputations so disgraceful and dishonourable." Although some members of Congress had expressed opinions favorable to the establishment of Yermont, yet their number was small, and did not at present seem likely to receive accessions. When the petitions from Yermont and the letters from New York had been thoroughly examined, the subject of the controversy was referred to a committee of the whole house. When their report had been submitted. Congress resumed the discussion, and determined after long debate, to agitate no further a topic which appeared to be pregnant with difficulties. To this end they resolved on the 30th of June, that the independent government whose establishment had been attempted by the people of the new state, " could derive no countenance or justification from any act or resolution" which they had passed. Other resolutions explaining more fully their sentiments were at the same time adopted, and Yermont was left to pursue her own course, with tlie sure warrant, however, of the disapprobation of Congress.f * Slade's Vt. State Papers, p. 79. MS. letter from William Williams to Capt. John Sessions, dated July 7th, 1777. f By a resolution of the New York council of safety, passed at Kingston, July 17th, 1777, printed copies of the resolves of Congress referred to in the text 17T7.] LETTER OF GEN. BAYLET. 299 lu order to concentrate the troops not at that time in actual service, the New York council of safety had, on the 28th of May, requested Gen. Bayley to march the ranging company formerly commanded by Joab Hoisington, but now in charge of Capt. Benjamin Wait, to Kingston, there to receive further instruc- tions. Orders were accordingly issued, but it was found im- possible to procure money to support the men on their jour- ney, and for this reason they refused to advance. In a letter from Gen. Bayley, of the 14th of June, containing the reason of their refusal to obey orders, he adverted to the situation of the people inhabiting the north-eastern, counties. He stated that he had received an ordinance from the state council of safety directing the election of state officers ; that the sheriff had given the proper orders to the diflerent towns, but that it was not probable the people w^ould choose any members to sit in tlie Legislatm-e of ISTew York. In this supposition he was cor- rect. A few days later, when a committee from Charlotte county visited Cumberland county, to obtain information as to the temper of the people east of the Green mountains, word was returned that " the New Hampshire Grants had declared themselves independent, and would not let the county commit- tees sit, nor permit anything to be transacted under the juris- diction of New York." While matters were in this condition, the New York council of safety resolved, on the 27th of June, that the company of rangers commanded by Capt. Wait should be " peremptorily ordered" to repair immediately to Kingston, and that all arrear- were sent to James Clay, the chairman of the general committe > of the county of Cumberland, to be given by him to Col. Eleazer Patterson, and IMajor John "Wheelock, with a request that they should distribute them through the eastern district of the state. By his own exertions, Clay notified the resolves to the towns in Cumberland county, and at the same time requested that a meeting might be called in each town for the purpose of affording the people an opportu- nity to hear the resolves read publicly, and to ascertain whether they were will- ing to choose county committee men to meet at Westminster court-house on the first Tuesday in the following September. The Vermont council of safety hear- ing that Clay was thus engaged, issued a warrant, dated August 10th, 1777, for his arrest. He was accordingly taken before them as a prisoner, and was informed by CoL Thomas Chittenden that he had done wrong in obeying the directions of the state of New York ; in notifying a meeting of the county committee ; in dis- tributing the resolves of the Continental Congress ; and in inciting people against the new state. On tliese chai-ges Clay was detained in custody six days. At the end of that period, he was allowed to return to his home in Putney. — Miscel- laneous Papers in office Sec. State, N. Y., vol. xxxvii ; also Papers relating to the Vermont Controversy, pp. 2-4. Doc. Hist. N. Y., iv. 94i-948. 300 HISTORY OF EASTERN VERMONT. [1777. ages should be paid tliem on their arrival at that place. By another resolution, the}^ directed $200 to be advanced to Capt. Wait to defray the travelling expenses of his men. On reaching their place of destination, permission was to be given them to receive rations insiead of subsistence-money, if such should be their wish. A coj^y of these resolutions was sent to Capt. Wait, and notice was at the same time given him that compliance was expected. Li obedience to orders. Wait proceeded to Kewbury, in Gloucester county, and, on arriving there, was informed that his under-officers and men had marched for Ticonderoga, to ward off, if possible, the attack anticipated at that post. On their return, on the l-ith of July, he called them together and ordered them to set out for Kingston. This com- mand they refused to obey, and in support of their refusal, de- clared that at the time of their enlistment they did not expect to be removed from the counties of Cumberland, Gloucester and Charlotte ; that on account of the abandonment of Ticon- deroga, the frontiers were exposed to the attacks of the enemy ; and that they could not, under such circumstances, think of leaving their wives and children unprotected and alone. This answer was presented on the 26th to the New York council of safety, who declared themselves satisfied with Wait's conduct, but refused to pass any resolutions respecting the conduct of the rangers, choosing to leave that subject for the consideration of the Legislature, who were soon to assemble.* Owing to the defenceless condition of Cumberland county, many attempts were made by the inhabitants to procure arms and ammunition, that they might be enabled to defend their families from the attacks of the enemy's ranging parties, and in the meantime prepare to escape to more secure abodes, should the British approach in force. Among those most active in for- warding these measures, was Charles Phelps. Though far from single-minded in many of his operations, yet in this instance he mingled with secondary motives enough of disinterestedness to render his conduct praiseworthy, and, to some extent, merito- rious. From a period anterior to the erection of Fort Dummer, the General Court of Massachusetts had professed a claim to a portion of what was now the southern part of Cumberland county. This claim had for a long time been allowed to rest in abeyance. Within a few years, a disposition to renew it liad * Journal N. Y. Prov. Cong., i. 947, 976, 977, 979, 980, 1016 ; iL 502. Journals Am. Cong., ii. 163. Slade's Vt. State Papers, pp. 77-79. ITTY.] PETETION OF CHARLES PHELPS. 301 been evinced. Taking advantage of tliis circumstance, Phelps, on the ITth of July, addressed a petition " to the Honourable Council of the most Patriotic State of the ancient Colony of the Massachusetts Bay," in behalf of the inhabitants of fifty town- ships mostly in Cumberland county, which, three years ago, had been " claimed by the legislative authority of the two houses of Assembly" of Massachusetts. In a lengthy address, he referred to " the shameful and detestable" evacuation of the "all important fortress of Ticonderoga, and the adjacent garri- sons ;" to the pitiable situation of the " infant settlements and defenceless plantations ;" to the destruction of men, women, and children, which would surely follow, unless strenuous endeavor was made to prevent it ; to the oppressive sway of New York and her "new-fangled schemes;" to the attempts which had been made by the adherents of the new state of Vermont to put a period to the jurisdiction of New York, by "wrenching" prisons and prisoners from the hands of New York prison- keepers ; to the settlers scattered among " woody, mountainous wilds ;" to their extreme poverty ; to theii* incessant toil, which scarcely rewarded them with the food necessary to support life ; and to the inability of the people generally to procure the means of defence. Pursuing this style of remark, he declared tliat the government of New York had wholly refused to ajfford any protection to the distressed inhabitants of the new state, on account of the revolt in which many of them had lately engaged ; i.nd that on this account, the only alternative left them was to apply for assistance elsewhere. The petition ended with a re- quest for arms and ammunition. No definite number or amount was named, since it was thought best that the Council should assist according to their ability rather than be guided in their actions by the necessities of others. In answer to this petition, Phelps was referred to General Heath. Heath immediately wrote to the Council, that he had no power "to issue arms to any other than the Continental troops," but at the same time asked the question whether a number of arms put into the hands of the Vermonters, would not answer a valuable j)nrpose. In reply to this question, which comprised the substance of Phelps's petition, the Council order- ed the Board of War to deliver to Abel Marsh, and Charles Phelps, three hundred fire arms, on condition that they should pay or give security for them, and engage to distribute them among the inliabitants of the New Hampshire Grants. On the 302 HISTOKT OF EASTEEN YERMOXT. [1777. same conditions, the Board of "War were further directed to furnish Phelps with one hundred and fifty pounds of powder, three hundred pounds of lead, and four hundred and fifty flints, to be distributed among those persons who should receive arms.* Nor were the people of Cumberland county, themselves inactive. All who were not incapacitated by extreme youth, old age or infirmity, were formed into guard companies and scouting parties, and were stationed at the points and along the roads by which it was supposed the enemy would advance. But as preparations went on, fear increased. Joel Matthews of Hertford, having heard, on the 19th of July, that the forces of Burgoyne were at Rutland, and that they intended to advance on ^Number Four, and send forward a detachment to the Coos countr}^ lying north of Newbury, ordered out the militia under his command, and sent word to Col. Joseph Marsh, that although he should await his orders, he should yet march whatever men he might be able to raise, to oppose the enemy. Tliis information having reached Bezaleel Woodward at Hanover in New Hampshire, on a Saturday near midnight, he immediately endeavored to disseminate it among the officers and soldiers of the state by expresses. One aj^peal for aid, written by him at this critical moment, concluded with these words : " As you regard the safety of this frontier, for God's sake, pray come forward without delay." As the impression became more prevalent, that the enemy were advancing to scour the banks of the Connecticut, the teiTor of the inhabitants increased. In one day, from the thinly settled towns of Stratford and Tlietford, thirty men deserted and went over to the enemy. By this cowardly act, twenty families, and over four hundred cattle and sheep, were deprived of protection. By the kindness of the people of Lyme, they were, however, conveyed across the river, and made com- fortable by shelter and security. On the 21st, Gen. Bayley advised, that the militia of the county should march to Otter creek. If they shall do so, said he, "we will operate with them — otherwise five himdred men will not be able to guard Connecticut river." By the time the enemy's forces had arrived within thirty- four miles of the Connecticut, the consternation had become * Revolution Council Papers, in office Sec. State, Mass., 1777, iv. 90-92: 2d series, 1775-1777, p. 291; also Revolution Letters, v. 307. 1777.] BURGOTNe's IXSTKUCTIONS to LIErT.-COL. EAOL 303 general. Many refused to take up arms in defence of their families and firesides, and some declared oj)enlj, their inten- tion of joining the British as soon as they should make their appearance. Nor were these fears without cause. Although Burgojne had not at that time made known his intention of ravaging the country bordering the Connecticut, still that such was his design, there was no room to doubt. In the instructions, which, on the 9tli of August, he issued to Lieut.-Col, Baum, tliis intention was fully proved. That he might " try the affec- tions of the country, disconcert the councils of the enemy, and obtain large supplies of cattle, horses, and carriages," he charg- ed the aUied Hessian in these terms. " You are to 2:)roceed from Battenkill to Arlington, and to take post there till the detachment of Provincials under the command of Capt. Sher- wood shall join you from the southward. You are then to pro- ceed to Manchester, where you will again take post, so as to secure the pass of the mountains on the road from Manchester to Rockingham. From thence [i.e. Manchester], you will detach the Indians and light troops to the northward, towards Otter creek. On their return, and also receiving intelligence tliat no enemy is in force upon the Connecticut river, you will proceed by the road over the mountains to Rockingham, where you will take post. Tliis will be the most difficult part of the expedition, and must be proceeded upon Avith caution, as you will have the defile of the mountains behind you, which might make a retreat difiicult. You must therefore endeavor to be well informed of the force of the enemy's militia in the neigh- boring country. Should you find it may be effected, you are to remain there, while the Indians and light troops are detach- ed up the river, and you are afterwards to descend the river to Brattleborough, and from that place by the quickest march, you are to return by the great road to Albany." Such was the course which the British General had marked out for the Hessian Colonel. By pursuing it, Burgoyne hoped to replenish his diminishing stores, and to render the condition of his forces so formidable as to enable him to obtain possession of Albany, and establish there the headquarters of his army. But the result of the battle at Bennington, not only changed the entire progi*amme of his proceedings, but aroused in the breasts of the Americans feeluigs of hope — feelings to which they had been strangers during months of despondency and gloom. The victory at Bennington, like that achieved at Trenton, was re- 304 niSTOEY OF EASTERN VERMONT. [1777. ceived with exultation tlirongliout tlie whole northern country. Men who had long time been wavering between the smiles of royalty and the beggary of republicanism snatched eagerly at tlie honest rags of the latter, and spurned the glittering robes of the former with unqualified determination.* Although events connected with the struggle in which the wliole United States was interested, now and then concentrated the feehngs and actions of the people of Vermont, and led them to forget, for a season, the differences occasioned by the conflict of jurisdictions, still the cessation from internal discord was only temporary, and the partizans of New Tork and Vermont usually returned to their former positions, strengthened in the support of their diiferent principles by the respite they had en- joyed. The favorere of the new state, supported only, it is true, by an infant government, felt that they could call on that government for assistance and be sure of receiving such aid as it could afibrd. The supporters of the jurisdiction of ITew York, on the contrary, were uncertain whether an active opposi- tion to Vermont would be sustained by those to whom they owed allegiance. In Cumberland county, committees of safety had been formed under the superintendence of the leading men of the new state. The committees of a similar name who had been responsible to Xew York for their proceedings, were now almost wdiolly disregarded. The power of the Vermont com- mittees was far in the ascendant. They it was who decided the diflfereuces which were continually arising between man and man, and settled disputes which,, if courts of law had been then established, would have been there determined. By them the citizens were detailed as guards, or excused from military duty. In their estimation, the favorers of l!N^ew York, who resided in Vermont, were but little better than enemies to American liberty. From men of this class they would frequently extort no inconsiderable sums of money for the support of government, threatening them, in case of refusal, with bonds, or imprison- ment in the jail at Northampton. Levies were often made by them for the maintenance of the militia, and those who refused to serve as soldiers were compelled, whether acknowledging the authority of New York or Vermont, to pay for the support of a certain number of men and horses for a specified time. In this manner the Vermont committees of safety were enabled to • MS. letters and documents in office Sec. State Vt. 1777.] GEOKGE CLINTON ELECTED GOV. OF NEW YOKE. 305 maintain the authoritj of the young state, and in manj of the towns in Cumberland county to hold in check the discontented and rebellious Yorkers. As the result of the first state election held in New York, George Clinton was, on the 30th of July, elected Governor. Soon after this event, the question arose whether the militia of Cumberland, Gloucester, and Charlotte counties should be called on to render aid to that state. The Governor was in doubt as to the couree he should pursue. He was not acquainted with the names of the ofiicers in command, nor did he exj^ect, if orders were issued, that they would be obeyed. On the other hand, he knew that if he should neglect to notice these counties on this occasion, when he was calling on every other county in the state for a proportion of their militia, the oversight would not only be marked, but would tend to strengthen the Yer- monters in carrying forward their project of a new state. For these reasons, on the 13th of August, he ordered all the coun- ties in the state, those on the New Hampshire Grants included, not only to make returns of the present state of their militia, but also to furnish their quota of men to join the northern army. Although no attention was paid to this requisition by the three counties, yet this disobedience did not prevent the exercise of humane feelings on the part of New York. When a few weeks later it became known that the inhabitants of the northern coun- ties were suflering from a want of salt, the subject was referred to the Legislature, and means were taken to supply them with a sufficient quantity of this article so necessary to health and subsistence. Notwithstanding the opposition they encountered, the com- mittee of safety in Cumberland county who derived their powers from New York, met occasionally, and strove to exert the little influence left them, for the good of the state whose interests they represented. On assembling on the 2d of Sep- tember, there were present delegates from six towns only. In the absence of Capt. James Clay, the chairman, the meeting was called to order by Simon Stevens, the clerk. After long debate an adjournment until the following day was ordered. But this measure did not avail to increase the attendance. Soon after assembling on the morning of the 3d, a motion was made to send some " suitable .person" to the New York Legislature to give information of the conduct of the " pretended council" and the " pretended committees" of Yermont. The motion 20 306 HISTORY OF EASTERN VERMONT. [1777. being lost, the committee voted to adjourn until the second Tuesday in November. In less than an hour after the adjourn- ment, Capt. Clay ajjpeared, attended by Obadiah Wells of Brattleborough. The members of the committee who had not as yet left town, together with those who had just arrived, again assembled, and voted to send Clay to New York for the purpose of representing the difficulties of the county, and seek- ing some method of relief. The credentials which he received with his appointment were signed by Simon Stevens, Hilkiah Gruut, Michael Gilson, Obadiah Wells, and Eleazer Patterson. At the same time Deacon John Sessions of Westminster, a supporter of the jurisdiction of New York, wrote to the con- vention of that state, of which he had until of late been a member, in truly scriptural phrase, an account of the incon- veniences to which he was subjected because of his opinions. " My opposition," said he, " has rendered my situation some- what unhappy at present, but I trust I shall find the old maxim true in the end, that honesty is the best policy. I have been a sort of Micaiah in the affair, and I believe many would be glad I were in the house of Jonathan,* and I have reason to expect this will be my fate if something is not done very soon."f Having been successful in obtaining arms and ammunition from Massachusetts, to be distributed among the people residing on that portion of the " Grants" which border the western banks of the Connecticut, Charles Phelps now turned his attention towards the accomplishment of a project which, had it resulted according to his wishes, would have rendered the condition of the inhabitants of Cumberland county far more precarious than ever before it had been. On the 27th of October he presented a memorial to the Council of Massachu- setts, " in behalf of the sacred rights" of that state, and for the purpose of securing to her the control and disposal of fifty townships situated in the south-eastern part of Vermont. In defence of his position, he asserted that Massachusetts had purchased of the Indians the territory in question, which had been afterwards laid out into townships, and had taken of them the necessary deeds and conveyances signed and sealed by their chiefs and sachems ; that these transactions had taken place * 1 Kings, chap. xxii. vs. 7-28. 1 Samuel, chap., xiv. ^ Miscellaneous Papers in office Sec. State N. Y., xxxvii. 461 ; also Papers relating to the Vermont Controversy, pp. 4, 5. Pingry JVISS. Journal N. Y. Prov. Cong., i. 1021, 1030, 1059. Doc. Hist. N. Y., iv. 948-951. 17 1 7.] MEMORIAL OF PHELPS TO THE COUNCIL. 307 while Belcher was Governor of Massachusetts ; that the neces- sary agreements had been entered into at Fort Dummer ; that the papers drawn on the occasion had been placed in the pro- vincial Court-house at Boston, and had been destroyed when that building with its contents was burned on the 9th of December, 1747. He denounced as unjust the conduct of Great Britain in assigning to New York lands which belonged to Massachusetts, and did not scruple to blame New York, the state from which he had received so many favors, and to which he owed allegiance, for endeavoring to retain possession of ter- ritory which had been claimed for Massachusetts by the "rightful, just, and most solemn resolves" of her General Court. Inasmuch as manuscript testimony was out of the question, Phelps proposed that Col. Israel "Williams of Hatfield, the only surviving witness to the transactions referred to, should be requested to make affidavit to such facts as he might remem- ber bearing upon the case under consideration, and that Mas- sachusetts should purchase of John Moffatt of Boston, the journals and records of that colony then in his possession. In answer to this memorial, the Council, on the 29th of October, voted to take the deposition of Col. "Williams, to be used as evidence of the treaty consummated at Fort Dummer between the years 1725 and 1730, the proofs of which had been after- wards destroyed. Two years later the General Court declared that the state of Massachusetts had a " clear and indisputable right" to the southern part of Yermont, but when, in the year 1780, the subject was brought before Congress, the General Com-t decided that the claim was an " infringement on the rights of YeiTnont," and refused to prosecute it further.* * Revolution Council Papers, in office Sec. State Mass., ITTT, iv. Sit. CHAPTEE Xn. OPPOSITION TO THE G0V:EENMENT OF VEKMONT. The first General Assembly of Vermont — Meeting of the friends of New York at Brattleborough — Gov. Clinton's Proclamation — Its reception — A Protest against the Government of Vermont — Circular Letter from the Protesting Convention at Brattleborough — First Meeting of the Legislature of Vermont — Col. Thomas Chittenden elected Governor — Opposition of the New York Adherents to the Government of Vermont — Disturbance at Halifax — Robbery of Powder and Lead at Hinsdale — Simon Stevens's friendship to Vermont — Letter from Micah Townsend and Israel Smith to Gov. Clinton — Clinton's reply — Peletiah Fitch's Letter to Clinton — Clinton to Fitch — Clinton to Gouverneur Morris — Clinton to Henry Laurens — " Yorkers," " Vermonters," " Neutrals" — Officers chosen both by Vermont and New York — Union with New Hampshire dissolved — An attempt to connect Vennont with New Hampshire — Arrest of Hilkiah Groiit, a New York Justice of Peace, by the authority of Vermont — His Trials before various Courts — A Conviction for Defamation. When the delegates from the different towns in Yermont who had assembled at Windsor in convention, on the 2d of July, 1YY7, separated on account of the evacuation of Ticonderoga, and the progress of the enemy under Burgoyne, they had intended to publish without delay, the constitution they had adopted, and thus enable the people to hold, in the month of December following, an election of representatives to compose the General Assembly. Owing to the unsettled condition of the times, the constitution was not printed in season to allow of the accomplishment of this object. Another general con- vention was therefore called by the council of safety. The meeting was held at Windsor on the 24:th of December, the constitution was revised, and effectual means were taken to set the machinery of government in full operation. On the 6th of February, 1778, the council of safety distributed among the inhabitants of the different towns in the state, copies of the new constitution. The election of representatives took place on .the 3d of March following, and on the 12th of the same month, the 17TS.] PECULIAR POSITION OF VERMONT. 309 i first session of the General Assembly of the state of Vermont was held at "Windsor. The necessary state oflicers were soon- after elected, and Vermont presented the novel spectacle of a free government, wholly independent of Congress, and yet engaged in the same struggle against the power of Great Britain, which interested the men, and employed the money of the thirteen United States.* While the leaders of the new state were thns engaged in perfecting their plans, a number of the inhabitants of Cumber- land county who owed allegiance to New York, assembled at Brattleborough on the 28th of January, and prepared a petition addressed to the Legislature of the latter state. In this paper they stated that they had been informed on " credible authority," that the convention of the " pretended state of Vermont" had prohibited the exercise of all authority derived from New York ; had made laws to bind the inhabitants of Cumberland county ; and had lately adopted a constitution under which state and other officers were soon to be elected. From the evils which threatened them in this quarter, they prayed to be defended. More fully to express their views, they appointed James Clay their agent at the New York Legislature. In answer to their petition and others similar, the subject of the controversy between New York and Vermont was taken np in the Senate and Assembly of the former state, and resolu- tions were passed, on the 21st of February, containing such overtures to the disaffected inhabitants of the northern counties, as were deemed compatible with the dignity of New York as a state, and with the welfare of those with whom a reconciliation was desired. These resolutions were embodied in a proclama- tion, which was issued on the 23d, under the signature of Go- vernor Clinton. Its closing paragraph was in these words. "The several branches of the Legislature of the state of New York will concur in the necessary measures for protecting the loyal inhabitants of this state, residing in the counties of Albany, Charlotte, Cumberland, and Gloucester, in their persons and estates, and for compelling all persons, residing within this state, and refusing obedience to the government and Legislature thereof, to yield that obedience and allegiance, which, by law and of right, they owe to this state." Prompt and energetic action, it was supposed, was to follow a declaration like this, * Slade's Vt. State Papers, pp. 80, 8L 310 HISTORY OF EASTERN VERMONT. [l778. but subsequent events showed that tlie government of New •York, although skilled in the use of firm language, was not prepared to support its words by its acts.* To the New York adherents resident in Yermont, this pro- clamation was most welcome. On its reception at Halifax on the 10th of March, forty-six of the principal inhabitants of that town joined in an address of thanks to Governor Clinton, and to the Senate and Assembly, " for the salutary measures taken for settling the peace and unity" of the northern counties. " Not- withstanding the uneasiness of many disaflected persons," said they, " we do freely comply with the terms of said j^roclama- tion, and rejoice to find such pacific sentiments therein con- tained ; not in the least doubting but on suitable application, we may have redress of all grievances." In the few towns in the county where the sympathies of the inhabitants were consonant with the sympathies of the people of Halifax, the proclamation was regarded with similar feelings. It was for this reason that Governor Clinton was informed that his address had been " productive of some good," in spite of " the many unmanly artifices made use of by the New State's men to prevent it." In order to exert a favorable influence upon the gubernatorial election which was soon to be held in the state of New York, and also in such towns upon the " Grants" in winch there was a prospect of obtaining New York votes, care had been taken to distribute this proclamation as widely as possible before that event. The effect on the election was far otherwise than had been anticipated. In some towns a very small vote was polled, and in others there was no voting. The proclamation was generally regarded as an unfortunate production, whose pro- visions would by no means suit the temper of the mass of the people. In some towns it was publicly burned.f The dispute between New York and Yermont having now assumed a definite shape, the people of Brattleborough at once evinced a decided preference towards the jurisdiction of the former state. At the annual meeting of the town, held on the 3d of March, they resolved unanimously to send a protest to the Assembly of the " pretended state," denouncing the con- duct of that body in disavowing allegiance to New York, as an act tending to " disunite the friends of America in the present * Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 7. Slade's Vt. State Papers, pp. 82-84. Doc. Hist. N. Y., iv. 951-955. f George Clinton Papers in N. Y. State Lib., voL iv. docs. 1161, 1181. 1778.] A PROTEST. 311 imijortant contest with Great Britain." Desiring to add weight to this intended protest, they appointed Benjamin Butterfield, Samuel Knight, Israel Smith, James Blakslee, and Micah Townsend, a committee to confer with the ditferent town com- mittees in the county, and ascertain who among them were inclined to bear testimony against the " unjustifiable proceed- ings" of Yermont. Letters were accordingly sent by the cen- tral committee, on the 4th of March, both to those who were known, and to those who were supposed to entertain friendly feelings towards New York. " We call upon you in the most earnest manner," said the committee in their circulars, " as you value the blessings of good order and just government, to unite with us in concerting and executing such measures as will be most efficacious for procuring those blessings, and frustrating the designs of those who are opposed to them." A request was at the same time made, that the towns would send com- mittees to confer with the central committee, and a meeting, to be held on the 18th, was called at the house of Capt. Sergeants in Brattleborough. Delegates from several towns assembled at the appointed time, but of their proceedings no record has been preserved. It is known, however, that the initiatory steps in the proposed movement were then taken, and that proper persons were chosen to draft such papers as were required. At an adjourned meeting held at the same place, on the 15th of April, represent- atives from Guilford, Brattleborough, Putney, Newfane, Hins- dale, and Rockingham, were in attendance. The proposed pro- test which had been previously prepared, in accordance with the sentiments of the committees of the above towns, and of Westminster and Weathersfield also, was on this occasion pre- sented for adoption. It was in the form of an address, and was directed "To the gentlemen convened at Windsor, under the style of the General Assembly of the state of Yermont." In it the objections to the formation of a new state were strongly put, and old arguments in a regenerated form, and new ones also, were urged in opposition to the plans of the patrons and citizens of Yermont. In view of the principles adduced, the protesters announced their determination in these words : — " We conceive that endeavoring at present to establish a separate state here, is not only a violation of the Continental Union, but is imprudent, and to the last degree impolitic and dangerous, tending in the present important crisis to weaken 312 HISTORY OF EASTERN VERMONT. [1778. the authority of the Continental Congress, disunite the friends of America, and stimulate a spirit of separation and sedition which may end in the ruin of the United States ; and we esteem it not only our duty, but the duty of all who are friends to the liberty of America, to bear open testimony against it. Tlierefore, on behalf of ourselves and those who delegated us for that ])ur- pose, we publicly declare that as we have not in any way assisted in, or consented to, the forming of a separate and independent government, we shall not consider ourselves bound by any acts of the Legislature thereof, but shall, as in duty bound, continue to yield our allegiance to the state of New York, until other- wise directed by the Honorable the Continental Congress. And we do hereby solemnly protest against the right of any persons to govern us and the other inhabitants of the New Hampshire Grants, except that of the Continental Congress and the Legis- lature of New York, and against all measures which shall be used to enforce the pretended rights o^ any other person or body of men, and against all the bad consequences which may arise from attempting at present to establish an independent government in the ' Grants' before mentioned." Before separating, a letter was prepared and presented to the convention, expressive cf the ideas of those who had joined in the protest. As an epitome of their sentiments, and of the course which they wished to pursue, this document is "now of especial value. At the time it was written, its composers were careful to make use of such language as would dignity the measures which they wished to publish and pursue. " As we are warmly interested in favour of American liberty," said they, in the paper referred to, " we cannot view with un- conceni, or remain silent spectators of, the present disorderly attempt to separate the New Hampshire Grants from the thir- teen United States — a m*easure directly tending, in our opinion, to weaken the opposition made by the continent to its European oppressors, and introduce the utmost confusion, at a time when good order and unanimity are essentially necessary. "The final adjudication of the King of Great Britain in privy Council (the only proper court which could then determine matters of this nature), that this territory was within the juris- diction of New York ; our peaceable acquiescence in that judgment ; and representation in Continental Congress and the Convention of New York, both before and since the Declaration of Independence, are undoubted proofs that our allegiance is 17TS.] LETTER TO THE CONVENTION. 313 justly due to the state of New York, until Congress shall other- wise determine. The resolutions of Congress of the 30th June last, and the articles of confederation, are convincing to us that that honourable body disapproves of a measure so extraordinary. The present government of New York engaging to remove such grievances as we really laboured under, from the iniquity and bad policy of our former governors, we hope will quiet the complaints arising from those grievances. The confusion that erecting a new state, without the consent of Congress, has al- ready, and will more abundantly, introduce ; the present in- ability of the people to suj^port a separate government, however frugally the public moneys are managed ; and the great, very great scarcity of men properly qualihed to make and put in execution a wise system of laws, plainly demonstrate to us the wretched policy of so extraordinary an attempt at this time. " "We have therefore agreed upon, and shall forward to the Assembly of the pretended state of Vermont, a protest against erecting the ' Grants' into an independent government in the present time, and also one copy thereof to his Excellency Governor Clinton, and another to the press for publication, that the w^orld may know our disapprobation of the present irregu- lar proceedings. " We think it the duty of every friend to the independence of America, more especially in the ' Grants,' to use their most strenuous efforts to suppress or check this offspring of anarchy in its infancy. And as preserving unanimity amongst the number who choose not to assist in dividing the continent, in this momentous crisis, may have a tendency to answer that end, and is essentially necessary as well for the public good as for the security of their persons and property, we beg leave to re- commend to you, to elect a committee, in such time that they may meet at Capt. Sergent's in Brattleborough, on the 30th day of June next, at eleven o'clock in the forenoon, to exist for six months ; to authorize them to consent to such measures as they shall think most likely to restore to this divided county internal tranquillity, and submission to the just and necessary authority of those who, by order of Congress, are regularly ap- pointed to rule over us ; from time to time to transmit to the government pf New York, accounts of all such matters as may be material for them to be acquainted with ; and to take such Bteps as they think best for relieving those who may suffer in 31-i HISTORY OF EASTERN VERMONT. [1778. their j)ersons or properties by any autliority pretended to be derived from the state of Yermont."* By a special resolution, copies of this letter were signed b}'^ Thomas Cutler, the chairman of the convention, and were sent to those towns in the county whose representatives had already' signed, or had expressed a willingness to sign, the protest which had that day been adopted. Copies were also sent to those towns in which there were a respectable minority who were opposed to the new state, and aU who favored the protest were invited to send delegates to the convention to be held on the 30th of June following. Whether this convention ever met, or, if they did meet, whether their previous efforts resulted in such an organization as they desired, does not appear. Succeeding events show, however, that the principle of opposition to the new state was of sufficient weight to carry out in action, to a cer- tain extent, what had been proposed in council. The adherents of New York did not fail to support their views, even when the sword and the bayonet were employed to compel them to yield obedience to the laws which had been enacted by Yermont.f The representatives who had been elected by the General Assembly of Yermont met at Windsor on the 12th of March, and formed themselves into a House. Their names were not entered on the journals of that session, but it is certain that of the fifty or more who were present, twenty-three were represent- atives from nineteen towns in Cumberland county. Agreeable to the constitution of the state, a committee were chosen to count the votes of the people, and as the result Col. Thomas Chittenden was declared Governor. At the same time Joseph Marsh was elected Deputy Governor, and Col. Ira Allen State Treasurer. Twelve Councillors were also chosen, and were formed into a body known as the Council. The relation which * When, on the 2'7th of May following, a copy of the protest -was forwarded to Governor Clinton by Micah Townsend and Israel Smith, a copy of this circular letter was also sent, accompanied by the following notice : " We also enclose a copy of a circular letter sent by the convention to several towns in this county, recommending the choice of committees ; the principal design of which we appre- hend is to preserve union amongst the friends of New York state, and enable them to act with unanimity as occasions offer, for increasing the number of the friends of New York government, and with expedition to carry into execu- tion such directions as they may receive from your Excellency." — George Clinton Papers, in N. Y. State Lib, vol. v. doc. 1437. •j- Protest of towns in Cumberland county. MS. Letter from Brattleborough convention. MS. Letter from select committee. Pingry MSS. George Clinton Papers, in N. Y. State Lib., vol. iv. doc. 1282, * 1T78.] APrOINTMENT OF STATE OFFICERS. 315 the Council bore to the General Assembly was the same as that which the npper house bears to the lower house in deliberative bodies as they are now constituted in the United States. The less important offices were filled as the performance of minor duties became necessary. During the session many general laws were passed for the regulation of the afiaii*s of the state. All the land lying between the Green mountains and Connecticut river, including the whole of Cumberland and Gloucester counties, was, on the ITth of March, erected into a county, and was called Unity. Unity county was divided, for the sake of facili- tating militia arrangements, into three regimental districts, and, for the sake of facilitating judicial and legal proceedings, into four probate districts. The vote by which the name Unity had been given to the consolidated counties was reconsidered on the 21st, and the name Cumberland was substituted. The enlarged county of Cumberland was, on the 21th, divided into two shires, the old division lines of the former counties being adopted as the bounds of separation. The upper shire was called Newbury, aiid the lower Westminster. At the close of the session a committee were chosen to transcribe such of the proceedings as were deemed of interest to the inhabitants, and furnish each town in the state with a copy. In order to increase the revenue of the state, and to punish those who were opposed to the new jurisdiction, a court of confiscation was, on the 26th, established by the Council. Col. Joseph Marsh, Gen. Jacob Bay ley, Maj. Thomas Murdock, Col. Peter Olcott, Benjamin Emmons, Esq., Dr. Paul Spooner, and Col. Benjamin Carpenter, were the members of this court, and to them power was given to confiscate and sell all " lands and estates" within Cumberland county which, upon sufficient evidence, should be adjudged for- feited. The Council during the same session appointed John Hatch, Joshua Bayley, Ezra Sargent, and Darius Sessions, sm-- veyors, and John Benjamin sheriff of the same county. During the spring troops were raised in Cumberland county for the use of the new state. Orders for making levies were issued by Governor Chittenden, and were obeyed by the officers acting in the Yermont service. But there were many on the "Grants" who, although friends to American liberty, were unwilling to advance that liberty by fighting with, or giving aid to the state of Vermont. The most ardent of these were enabled to act in accordance with their principles by taking commissions from New York, while others, equally as j^atriotic 316 HISTORY OF EASTERN VERMONT. [1778. but less impetuous, were content to contribute of tlieir substance to the support of the militia of that state. It was in this man- ner that the enmity of the New York adherents became systema- tized. Their opposition was a source of continual alarm to the. originators of the new state. Ethan Allen stigmatized them as "New York malcontents," and when referring to them, declared as he would of vermin, that they " infested" the country, and made earnest inquiry as to the method of treatment which should be adopted towards them.* Nor did their opposition confine itself to words. They not only denied the jurisdiction of the Yermont courts, but resisted the precepts, and refused to submit to the decisions, which emanated therefrom. In the town of Halifax, Hubbell Wells, a justice of the peace by commission from Yermont, issued a warrant directing William Hill, a constable, to arrest John Kirkley and his wife, Hannah, charged with the perpetration of an assault and battery in the highway, on the person of David AYilliams. In obedience to this order Hill arrested the accused, returned the warrant, and, the parties in the case having been summoned, the court was opened. Hardly had the trial commenced, when Thomas Clark, Tliomas Baker, Isaac Orr, Henry Henderson, Alexander Stuart, Jonathan Safford, Elijah Edwards, Pelatiah Fitch, and about sixteen others, inhal)itants of Halifax, and subjects of New York, rushed into the court-room, armed with bludgeons, and attempted to rescue the prisoners. Failing in this, they brandished their weapons over the head of the justice, called him a scoundrel, bade defiance to the authority of Yermont, and finally succeeded in breaking up the court. Acts of resistance like this were the arguments that proved to the rulers of Yermont the necessity of adopting the most strenuous measures to support the power and dignity of the state. f Notwithstanding their enmity to the government of the new state, tlie supporters of the jurisdiction of New York who re- sided in Cumberland county, were pure-minded, patriotic Ame- ricans. Their unwillingness to unite with the people of Yermont against the British, did not prevent them from opposing their country's foes in eveiy practicable manner. In detecting the machinations of the Tories, none displayed greater activity than * Slade's Vt. State Papers, pp. 2i1, 260, 264, 266, 267. MS. Counca Records of Vt. Various MSS. ■]• MS. complaint of William HilL 1778.] PATRIOTISM OF THE YOKKEES. 317 they. The vigilance which they manifested in the following instance, may serve as a slight illustration of their zeal. " On the 3d of May, the granary of Lieut. Samuel Stratton, of Hins- dale now Vernon, was broken open during the night, and the powder and lead belonging to the town, and which had been stored there, was stolen. This event gave " great uneasiness" to the inhabitants of Hinsdale and the neighboring towns. Mea- sures were immediately taken, by placing guards in different parts of the village, to obtain information concerning the theft. As a scouting party were passing near the granary on the even- ing of the 5th, they discovered a man asleep at the foot of a haystack, and secured him. On examination, he proved to be one Jonathan Wright, " a person inimical to the American cause." Elijah Elmer, an accomplice of Wright, was at the same time taken prisoner, but managed to escape from the hands of his captors. The fact of the arrest having been made known. Col. Eleazer Patterson, Capt. Joseph Stebbms, Capt. Orlando Bridgeman, Moses Howe, and Gad Wait, from the safety committee of Hinsdale, and Capt. Hezekiali Stowell, Jo- seph Elliott, and Henry Sherburne, from the safety committee of Guillbrd, all of them supporters of the jurisdiction of Xew York, assembled at Hinsdale on the 7th. Patterson having been chosen chairman and Sherburne clerk, the associated commit- tees commenced an investigation of the circumstances connected with the robbery. On the examination which followed, Wright refused to answer the interrogatories of the committee. Eiith Stratton, at first, intimated her suspicions that the prisoner had been lurking about her father's house from the fact of the disap- pearance of some articles of furniture, but finally declared that he had not been there since the preceding winter. Lieut. Strat- ton, in whose charge the powder and lead had been deposited, testified to the fact of the robbery, but could give no further information. Several witnesses were then examined with a view to implicate the Lieutenant, but nothing satisfactory was elicited. AVlien the committee came together on the morning of the 8th, Wright asked permission to give evidence in behalf of the state. This privilege was granted him on condition that he should prove in a satisfactory manner the statements he should make. He then informed the committee, that in company with Elijah Elmer, he had broken open the granary, taken thence the powder and lead, carried them across Connecticut river and concealed them among the bushes. He also informed the com- 318 HISTORY OF EASTERN VERMONT. [1778. mittee that John Stratton, a son of the Lieutenant, was privy to the robbeiy, and had deposited the powder and lead in the granary in such a manner as to render them easy of access and removah John Stratton, who had ah'eady been before the coniniittee, and had then denied all knowledge of the affair, being re-called, pleaded ignorance as to the natnre of an oath, acknowledged the truth of the statements of Wright, begged " mercy of God," and implored the forbearance of the committee. As "Wiight had escaped the liability of punishment by his confession, Stratton was alone obnoxious to the awards of justice. In view of his participation in the robbery as an accessory before the fact, the committee resolved that he should pay all the charges which had been incurred by reason of the theft ; restore fourfold to the town of Hinsdale ; pay a fine of £100 to the state of JSTewYork ; be disarmed, and confined to the limits of his father's farm for the space of a year, provided his father should give a bond of £1000 to be forfeited in case he should go beyond the prescrib- ed bounds. Permission, however, was granted him to attend public worship on Sunday, to be present at funerals, and to be absent from the farm whenever, on "extraordinary occasions," he should procure a pass from the committee of the town. An account of these proceedings was sent to Governor Clin- ton, and at the same time inquiries were made as to the manner in which similar offences should be punished in future. One paragraph, however, in the letter of the comuiittee, showed that their conduct had not met with the approbation of the whole community. " As we are under difficulty in these upper coun- ties," wrote they, "concerning the jurisdiction of government, and are under the censure of a set of factious and officious peo- ple, who are trying to carry the committee to Albany to be tried by the Supreme Court, and the above-mentiond Stratton to be tried by a Court Martial, which would prove fatal for him and very troublesome for the committee, if your Excellency should think what the committee has done to be sufficient, and according to true policy, then we pray for your concurrence." Whatever may have been the reply of Governor Clinton, no one can deny that the course pursued by the committee, though dic- tated by humanity, was yet subservient to the ends of justice.* While the favorers of the jurisdiction of ISTew York, residing in Cumberland county, were thus strenuous in punishing the * George Cliatou Papers, in N. Y. State Lib., vol. ii. docs. 490, 494. 1778.J SIMON STEVENS. 319 enemies of the United States, they were no less active in their endeavors to resist every infringement of their rights, whether attempted by open foes or false friends. Simon Stevens of Springfield, who had formerly held office under New York, had of late been appointed a Lieutenant-Colonel in the Yermont militia. Before he received his commission, or decided to ac- cept it when it should come, he wrote letters to several captains desiring them to raise their quota of men for the American ser- vice, and on being questioned as to the state from which he derived poM-er, replied that he " did not think it best to be too critical in examining by what authority" soldiers were raised. He also declined signing the protest " against the pretended state of Yermont," which had been adopted by the inhabitants of several towns, but gave as a reason, a promise he had made not to act in favor of New York until the return of the agents whom " the Council of the new state were about sending to Congress." As to the shrievalty of Cumberland county, an office to which the government of New York were inclined to appoint him, he stated that he had concluded to write to the Assembly of that state, and provided they would engage to in- demnify him against any damage he might suffer, to accept it, but on no other terms. At the request of a number of the in- habitants of Brattleborough, these facts, which were known to Micah Townsend, of that place, were certified by him and sent to Governor Chnton, on the 27th of May. Accompanying this statement was another addressed to the Governor and Council of Appointment, and signed in pursuance of a unanimous order of the people of Brattleborough in town meeting assembled, by Samuel Warriner, the moderator. In this the declarations of Townsend were uj^held, and the appointment of Stevens as sheriff was represented as an act which, if consummated, would deprive the people of their privilege of electing representatives to the Assembly for the ensuing year. Major Hilkiah Grout was recommended as a proper person for this ofiice, and acqui- escence in the recommendation was expressed by the committee of Hinsdale.* * In a letter written to Governor Clinton by Pelatiah Fitch, chairman of the committee of Cumberland county, dated July Ist, 1778, occurs this paragraph, which marks the sentiments of the Vermont adherents towards Grout, and shows on what ground his nomination was not recommended by the committee of Cum- berland county. " The reason of Jkliijor Grout's not being recommended to your Excellency for the shrievalty is, that as tlie election was not likely to be held as soon as was expected when he was recommended by the town of Brattleborough, 320 HISTORY OF EASTERN VERMONT. [1778. Bj a vote of the convention of Committees which was held at Brattleboi'ongh in the previous month, Micah Townsend and Israel Smith had been directed to send one copy of the protest which was then drafted " to the press at Hartford in Connecti- cut," one " to the Assembly of the pretended state of Yermont," and another to Governor Clinton. In making the last transmis- sion on the 27th of May, they informed his Excellency that sub- mission to the new state had not been as cheerfully accorded as had been desired by its advocates ; that in that section of the county no soldiers had been enhsted for the completion of Col. Warner's regiment, not even in those towns in which were to be found " the warmest advocates for a new state ;" that this conduct was explainable by the fact that the people did not deem it proper to obey their rulers, when obedience was inconvenient ; that the nmnber of those who had taken the oath required by the constitution of Yermont previous to voting at election, was in Cumberland county small, and througliout the " Grants" inconsiderable when compared with the popula- tion. Referring to the opinions entertained of the continuance and stability of Yermont as a separate and independent govern- ment, they remarked : " It is with real concern we are able to acquaint your Excellency that it is too general a topic of con- vei'sation among the enemies of New York state, that they will maintain their new state, even if Congress should be opposed to it, because they had as good a right to declare themselves inde- pendent of New York, as the Congress had of Great Britain. To what lengths this doctrine will lead them may easily be seen. It appears absolutely necessary to the friends of New York state in this part of the country, that Congress should, in an explicit manner, recommend to these people to yield their alle- giance to the state of New York, before they have time to reason themselves out of their senses. K it is not done soon, it will perhaps be omitted till none of them will pay any regard to the recommendations of Congress. Besides, as we are not likely to be troubled this summer with any considerable body of British troops, it seems to be the most favourable season for settling internal tranquillity, and enabling this extensive part of the country to act in the common cause with vigour and and as he by his situation is much exposed to ill-treatment from the New State's Men, he has chosen to decline serving in that oflBce at present, seeing it cannot be of disservice to the state of New York." — George Clinton Papers, in N. Y. State Lib. vol. V. doc. 1555. 1778.] LETTER OF GOVEEXOR CLINTON. 321 unanimity, when the circumstances of this continent may re- quire it. - To the gentlemen who had addressed him this communica- tion, Governor Clinton replied on the 3d of June, in a man- ner which proved his hearty acquiescence in. their determi- nation to uphold the authority of New York. " It is with plea- sure," he wrote, " I find that a considerable number of the inhabitants on the ' Grants' are so attentive to the dictates of reason and justice, and possessed of so much spirit as publicly to oppose the ridiculous and destructive schemes of erecting those lands into an independent state. I was in hopes that in consequence of the generous and equitable terms held out in my late proclamation, the whole country, whatever injuries they might have received from the former, would be convinced that the present government was disposed to do them amj^tle justice, and consequently that they would again have acknow- ledged its jurisdiction. " "What will be the event of this affair, it will be impossible for me to presage ; yet as the Legislature appear to me equally determined ' to decide every case respecting the controverted lands according to justice and equity without adhering to the strict rules of law,' and to assert and maintain their authority over them at all events, I may venture to declare, that should these imprudent people still persist in their ill-judged and un- justifiable measures, that the consequences will be serious and melancholy, and to them particularly ruinous and destinictive." To increase the power of the jurisdiction of New York, and facilitate the administration of justice, he recommended the preparation of a list of the names of those capable of filling civil and military stations in the county. He urged them to use the " utmost candour and impartiality" in their selec/tion, and to propose no persons except " in consequence of their merit and abilities." Tlie list which they should send he promised to pre- sent to the Council of Appointment for their approval. While he assured them that he should bring before the Legislature at their next session, the papers which he had received relative to the immediate results of the controversy, he also informed them that the shortness of the session would scarcely allow the dis- cussion of that subject. "When the new Legislature should convene in the fall, he expressed a hope that they would be * George Clinton Papers in N. Y. State Lib., vol. v. docs. 1435, 1436, 1437. 21 22 HISTORY OF EASTERN VERMONT. [1778. able to attend to the settlement of the affairs of the state, "with- «.»ut prejudice to the cause of America, and adopt measures which should compel obedience to the laws of New York. "In the mean time," said he, " let me recommend it to you, and every other person attached to this state, to persist in your op- position, and upon every occasion to bear your testimony against those unwarrantable proceedings."* Copies of this letter were forthwith sent to every town of note in Cumberland county, and in consequence of the recom- mendations Avhich it contained, the committees of Brattle- borough and Guilford were authorized to prepare a list of nominations, civil and military, for the assistance of the Council of Appointment. In his letter to Governor Clinton enclosing the result of their deliberations, Pelatiah Fitch, the chairman of the committees, remarked upon the difficulties which had attended the selection of proper persons, owing not only to the existence of three parties in the county — " Yorkers," " Yer- monters," and " Neutrals" — ^but also to the fact that a number of the prominent friends of New York had been drafted, by Yermont authority, to serve in Col. Warner's regiment. He also informed the Governor, that the officers of Yermont were then engaged in many towns in settling the valuation of per- sonal estates for the purpose of levying a tax, and that they were in general strenuous in maintaining the government of Yermont. He signified his intention of obtaining a retm'n of the inhabitants of the towns represented by the committees 'of which he was chairman, together with such information as he could gather touching their views respecting the new state ; returned " sincere thanks" for the proclamation of February 23d, " and for the salutary measures taken for restoring peace and internal tranquility ;" and expressed his fears, should an attempt be made to hold a court under the authority of the state of New York before an express resolution on the subject was obtained from Congress, that force would be used to pre- vent the session. " In this critical situation," wrote he, " when their persons and properties are exposed to the lawless invasion of a rude rabble, or the exasperated leaders of an imperfect, unsettled government, except violence should be opposed to violence, the friends of New York state cannot but most ar- denly w^ish that Congress would immediately interfere in the * George Clinton Papers, in N. Y. State Lib., vol. v. doc. 1464. 177S.] Clinton's reply to pelatiah rncH. 323 most direct manner and settle this internal contest, Tlie inte- rest of the state of New York also calls loudly for a speedy end's being put to the present dispute, as the authorities of Vermont have very lately confiscated and sold several valuable estates, and doubtless will continue the practice as long as their neces- sities require i-t, and they can find any, the least pretence for so doing. We therefore most earnestly entreat your Excellency to press Congress for a speedy determination of the matter, and in the mean time, to direct us in what manner to conduct our- selves."* In reply to Mr. Fitch, Governor Clinton informed him, on the Tth of July, that the list of civil and military nominations had arrived subsequent to the adjournment of the Council of Appointment ; that as the members of that body resided in difierent parts of the state, he could not immediately convene them; that 'he would d^ so, however, "with all possible dis- patch," and, as soon as the commissions should be issued (the names in which, he did not doubt, would accord with the re- commendations), would transmit them by express. Other topics to which reference had been made in Mr. Fitch's letter were disposed of in these words : ""We are still waiting with anxious expectation the result of our application to Congress to interpose in this affair, and can impute our not receiving an answer only to their being engaged in those very important matters which you may easily suppose at present to engross their attention. I have, notwithstanding, by a special conveyance, this day inlbrmed them that di-afts were making under the authority of the pretended state of Vermont to complete Col. Warner's regiment ; that though we were willing that the main business of advising means for set- tling the controversy should be deferred till the more important and urgent business of the continent is so far completed as to admit of leisure, yet that for the present we must insist upon an immediate and positive disavowal of this extraordinary exercise of authority, and express orders to Col. Warner (their ofiicer) not to receive any of the drafts into his regiment, or in any wise countenance the measure. " I would still, as upon a former occasion, earnestly recom- mend a firm and prudent resistance to the drafting of men, raising taxes, and the exercise of every other act of government, * George Clinton Papers, in K. Y. State Lib., vol. v. doc. 1555. 324 mSTORT OF eastern VERMONT. [1778. under the ideal Yermont state, and in such towns where our friends are sufficiently powerful for the piu'pose, I would ad- vise the entering into associations for the mutual defence of their persons and property against this usurpation. " You will readily perceive that until we have received the an- swer of Congress, and the Legislature have declared their sense, it is impossible for one to advise except only in general terms. Your own prudence and discretion must determine the true line of conduct, whicli I trust will be consistent with the sacred obligations of allegiance and the characters of men who dare oppose lawless domination and power, whether attempted to be exercised by a single tyrant or a misguided multitude."* On the same day he wrote to Gouverneur Morris, a member of the New York delegation in Congress, expressing his surprise that so little attention had been given the Yermont business — a subject in which one of the states was "so deeply interested, and in which the honor and perhaps the future peace of the whole were so intimately concerned." This letter was followed, on the 8th, by another addressed to Henry Laurens, the president of Congress, in which Clinton described, with an earnestness which bespoke the sincerity of his sentiments, the peculiarity of the situation of the "well-affected" inhabitants of Cumber- land county, and the persevering attempts which some of the ■" deluded inhabitants" were making to effect a separation from Xew York. Referring to the draft of every fourth man in the state, which had been ordered by the Yermont Legislature, for the purpose of completing Col. Warner's regiment, he prayed for the passage of a resolution in Congress whicli should con- demn the measure, and restrain Col. Warner, by " a positive order," from receiving any of the men who might be sent him. " This," said he, " appears to be necessary to prevent the im- mediate shedding of blood ; and without it, I fear all those calamities and misfortunes which are the natural attendants of a civil M-ar." ISTotwithstanding this appeal. Congress neglected to comply witli the request of Governor Clinton. Meantime, the adherents of Yermont were busily engaged in strengthening ^:heir government and in increasing the number of their sup- porters, not only in their own state, but in the other states of the Union.f * George Cliuton Papers, in N. Y. State Lib., toI. v. docs. 1567, 1568. Wil- liams's Hist. Vt., 1st e'ho were to pass judgment upon their conduct. In answer to the charges prefer- red against them, they pleaded in bar that although by common law they might be held to answer a portion of the information, yet they could not be held to answer that part of it founded on the statute, since it was not in their power to know the statute at the time when the crimes were said to have been committed, as it had not then been promulgated.* This statement they de- clared themselves ready to verify. The court decided the plea in bar to be sufficient, and ordered that part of the information brought on the statute to be dismissed. The dehnquents then pleaded, to general issue, not guilty, and gave in evidence that they were subjects of the state of New York, and that the acts charged against them in the information as offences, were done by virtue of authority granted them by that state. Here the defence rested. Witnesses were then examined on the part of Yermont, and the cause was returned to the judges, who after due consideration pronounced the defendants guilty. As a punishment, they were all mulcted, the state being the recipient of the proceeds. Eleazer Patterson, John Sargeants, Elkanah Day, and James Clay, were fined, each, £40 lawful money. Michael Gilson, Lucas Nelson, and Timothy Church, each, £25. Micah Townsend, James Blakeslee, James Clay Jr., Benjamin Whitney, Samuel Root, John Norton, and John Sessions, each, £20. Ephraim Clay, Medad Wright, Bela Willard, Joseph Willard, and Bildad Easton, each, £10. Daniel Sabin, Noah Sabin, Wilham Pierce, Noah Cushing, Samuel Wheat, Francis Cummings, James Cummings, Joseph Jay, Thomas Pierce, and Thomas Willson, each, £3. Benjamin Butterfield, £2. In addition to this the costs of prosecution, * The law referred to, and which is given in full in a previous note, was />assed at Bennington in the month of February preceding with many others, but was not published until several months had elapsed. In a letter from Ira Allen, dated at Norwich, April 19th, 1779, and addressed "To the inhabitants of the state of Vermont," occur these words : — " As the laws of this state were com- mitted to my care to see to the printing of [them], I have to inform, that the printers have been some time engaged in that business, and will not attend to any other until that is accomplished. But to print them, really will take a consider- able time, and cannot be done as soon as w.as expected, but depend, that they will be ready to deliver to the Assembly at their next session at Windsor." The session referred to, commenced on the 2d of June. The offences for which the Yorkers were tried were committed on the 28th of April, more than a month before the promulgation of the statute. 17Y9.] SENTIMENTS OF IRA ALLEN. 345 amounting to £1,477 18s., were divided equally among the delinquents.* Li commenting upon tliese events, Ira Allen in a letter to Benjamin Bellows of Walpole, written from Westminster, expressed what may be regarded as the sentiments of the more moderate portion of the partizans of Yermont, " It is not our design," said he, " 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 commissions from two different states can no longer subsist together. We mean not to boast of our victory over those gentlemen that were in favour of New York in this county, but hope to make them our friends, and have the pleasure of treating them as such. We mean tliis movement as a defiance to the old government of New York, mth whom we have long contended for our properties." The effect of these disturbances was visible not only in the conduct of the members of the two parties towards one another, but also in the measures adopted by the Legislature of Yermont. When on the 2d of June, the General Assembly held a special session at Windsor, this effect was made especially apparent. The act which was then passed, entitled, " An act to prevent persons from exercising authority, unless lawfully authorized by this state," was one of the direct results of the attempt which had been made by Col. Patterson to obey the directions of the state of New York. No one could mistake the intention of the government of Yermont, when it uttered its edicts in terms as plain and decided as these : — '• Whereas there are divers persons within this state, who have oj)posed, and do continue to oppose the government there- of ; and who do, by every way and means in their power, endea- vor to obstruct the free exercise of the powers of government within the same : " Which mischief to prevent, " Be it enacted, and it is hereby enacted, by the representatives of the freemen of the state of Yermont, in General Assembly met, and by the authority of the same, that if any persons with- in this state, except continental officers, shall, after the first day of September next, accept, hold, or exercise any office, either * MS. Court Records. George Clinton Papers in K Y. State Lib., vol. vii. docs. 2231, 2249. Doc. Hist. N. Y., iv. 957-966. Slade's Yt. State Papers, SOS- SI 2. Narratives of Old Men. 346 HISTORY OF EASTERN VERMONT. [l779. civil or military, from or under any autlioritj, other than is or shall be derived from this state, and be thereof duly convicted, they shall, for the first oifence, pay a fine not exceeding £100 larwful money, according to the discretion of the comt which may have cognizance thereof; and for the second offence of the like kind, shall be whipped on the naked body not exceeding forty stripes, according to the discretion of the court before whom they are prosecuted ; and for the third offence shall have their right ear nailed to a post, and cut off, and be branded in the forehead with the capital letter C on a hot iron. This act to continue in force until the rising of 'the Assembly in October, 1780, and no longer." In order to express their approbation of the manner in which the late opposition of the Yorkers had been resisted, the As- sembly appointed Edward Harris of Halifax, Silas "Webb of Tlietford, and Col. John Strong of Dorset, a committee to wait on his Excellency the Governor, and the members of the Coun- cil, and convey to them the thanks of the Assembly for their promptness in raising and sending the posse comitattis into Cumberland county in the month of May previous, "for the purpose of apprehending the rioters who were tried at West- minster." As a reward for his invaluable services, Ethan Allen was, on the 3d of June, created a Brigadier General, and the sum of 48s. lawful money per diem, was voted to each of those who had accompanied him or the other colonels, for the purpose of assisting the sheriff. At the same time means were taken to organize militia companies. As the initiative in this undertaking, the males in the town of "Whiting, between the ages of sixteen and sixty, were ordered to choose a captain, a lieutenant, and an ensign, and the same directions were given to the inhabitants of Newfane. Owing to a representation made to the Assembly charging the enemies of the state resid- ing in Cumberland county with being in possession of " con- siderable stocks of ammunition," the selectmen of the different towns were ordered to make application for, and receive every- thing of this description that might be held in their respective districts. In case of resistance, they were authorized to seize the contraband articles. ISTo one was excused from affording aid in carrying this law into execution. In the Council, measures more conciliator}'- in their nature were adopted. Maj. Stephen Kow Bradley was appointed to prepare a proclamation " to be issued by his Excellency," 17V9.] GOV. Chittenden's pkoclajviation. 347 relative to the disaffected inhabitants of Cumberland county. Tlie instrument was drawn in conformity with the sentiments of the Council. On the 3d of June it received the official sanction in the following form : — " By His Excellency Tliomas Chittenden, Esquire, Governor, Captain General, and Commander in chief in and over the State of Yermont. " A Proclamation. " Whereas, sundry persons inhabitants of this state, forget- ting that great tie of allegiance that ought to bind every sub- ject in a faithful obedience to that power which protects life, liberty, and fortune ; being instigated, partly through their own mistaken notions of government ; not considering that all power originates from the people ;* and building on a false reason, that a public acknowledgment of the powers of the earth is essential to the existence of a distinct, separate state ; but more especially being deceived and influenced by certain persons,t who have crept in privately to spy out and overturn the liberties of this state, purchased at the dearest rate, who acting under pretence of power assumed by a neighboring sister state, never derived from God or nature,:}: have imposed their tenets on the credulous, whereby some have been led to follow their pernicious ways, in consequence of which, some of my faithful subjects have been traduced to oppose the authority of this state, and obstruct the course of civil law to the disturb- ance of the peace, thereby incurring the penalties of that great rule of right, which requires obedience to the powers that are. " And whereas the supreme authority of this state, are ever willing to alleviate the miseries of those unhappy subjects, who transgress laws through mistaken notions, in remitting the penalties thereof; and inasmuch as equal punishments, in this case, cannot be distributed§ without punishing the righteous with the wicked. " I have therefore thought fit, by and with the advice of Council, and at the desire of the representatives of the freemen * The form of the proclamation given in the text, is taken from the published copy. In the original draft the words, " whose voice is the voice of God," was inserted after the word " people." ■j- In the original, this passage ran, " deceived and led on by certain persons ordained of old to condemnation."' ■\. In the original, these words were inserted at this point, " being mostly enemies to the prosperity of America.." § In the original, the words " inasmuch as the tares in this world cannot be separated from the wheat," are used in place of the sentence commencing "inas- much as," in the text. 348 HISTORY OF EASTEKN "VTiRMONT. [1779. of tliis state, in General Assembly met, to make known and declare this my gracious design of mercy to every oifender, and do hereby publish and declare to all persons, residing within this state, a full and free pardon of all public oflences, crimes and misdemeanors heretofore committed within the limits of the same, against the honor and dignity of the free- men thereof; remitting to all and singular, the persons afore- said, all penalties incurred for breaches of the peace, such as riots, mobs, tumultuous assemblies, contempt of and opposition to authority, excepting only the crimes of high treason, mis- prision of treason, and other capital offences, committed since the fifteenth day of January, 1777;* and all persons indicted, informed against, or complained of for any of the offences afore- said, committed before this date, may plead this proclamation in discharge thereof, provided nothing herein contained be con- strued to extend to any j)erson to whom judgment has already been rendered, nor to bar any jjerson from recovering private damages, anything contained herein to the contrary notwithstanding. " And I do further assure the subjects of this state, that it is not the design of government to take from any one the peace- able enjoyment of his own possessions, acquired by the sweat of his brow, whatever falsehoods, wicked and designing men may have invented to disquiet the minds of the faithful subjects of the state of Yermont.f " Given under my hand and seal at arms, in the Council Chamber at Windsor, on the third day of June, 1779, in the third year of the independence of this and the United States of America. " Thomas Chittenden. " By His Excellency's command. " Jonas Fay, Secretary, jyro term. " God save the People.":}: * The words " and other capital offences, committed since the fifteenth day of January, 177*7 " are wanting in the original. The words following " misjjrision of treason" in the original are, " against this, or the United States." \ In the original draft, this paragraph was introduced by the following sen- tence: "And I do further recommend and enjoin upon every denomination of men, strict obedience to the laws; as the executive authority are determined to carry into execution every good and wholesome law made by the freemen of this State." Other verbal differences not here noted, may be observed by comparing the proclamation in the text with the original di-aft published in Slade's Vt. State Papers, pp. 556, 557. \ MS. letter of Ira Allen to Benjamin Bellows. Slade's Vt. State Papers, pp. 389, 390. Records General Assembly Vt. Records Council Vt 1779.J VAKIOUS PUBLICATIONS BY THE COUNCIL. 349 By a resolution of the Council passed on tlie Yth of June, this proclamation, the orders of the Governor to Col. Ethan Allen dated the 6th of May, 1779, and an extract from the records of the adjoui-ned session of the superior court, held at Westminster on the 26th of the same month, were pub- lished together, in order that the people might not be unin- formed concerning the measure which had been taken to uphold the authority of the state. On being apprised of the disturbances which had occurred in Cumberland county, Governor Clinton, on the 29th of May, transmitted by express, the papers containing the information to John Jay the president of Congress, with a request that he would lay them before Congress without delay. By the same conveyance he wrote to the New York delegation, telling them that the " Vermont business " had reached a crisis, and assuring them of his confidence in their exertions to obtain the opinion of Congress on that subject at the earliest moment possible. He informed them that the state Legislature would meet on the 1st of June, and would probably adopt decisive measures. At the same time he assured them that he should issue his orders to the militia, and make the necessary arrangements for supporting the injured dignity of the state; and further, that he should conceive it his duty to order a force of a thousand men who had been destined for the defence of the frontiers, to march to Brattleborough for the protection of that and the adjacent towns, unless the interposition of Congress should render such a measure unnecessary.* On the 22d of May, before several of the events above referred to were known in Philadelphia, resolutions had been proposed in Congress by the New York delegation, the object of which was to obtain from Congress an acknowledgment of the right of each of the thirteen states to retain in its possession all the lands it had held while a colony of and subject to Great Britain, and to declare in what manner disputes regarding territorial juris- diction should be settled. On the 29th, the day on which these resolutions were to have been taken up in committee of the whole, information anticipatory of trouble in Cumberland county was received, which led Congress to postpone their consideration. Tlie committee met, however, on the 1st of June, and were engaged in a discussion of the resolutions, when letters * Papers relating to Vt. Controversy, in office Sec. State K Y., p. 14. 350 HISTORY OF EASTERN VERMONT. [1779. arrived from Clinton containing an account of the trouble whicli had been foreshadowed. Although these letters were not laid before Congress, yet the legislation which foUowed was probably based in part upon them. A resolution was passed, authorizing the appointment of a committee who should be instructed to repair to the " Grants," and learn the reasons why the inhabitauts refused to continue citizens of the respective states wliich had previously exercised jurisdiction over that district ; and further, to take every prudent measure to promote an amicable settlement of all differences, and to prevent the recurrence of animosities and divisions which had already been so prejudicial to the interests of the United States. Informa- tion of this proceeding was conveyed to Governor Clinton in letters dated the 1st of June, from John Jay, the president of Congress, and from the 'New York delegation. Li the com- munication of the latter, moderation was especially recom- mended. " In our opinion," said they, " it will be wise to abstain from hostilities for the present, and rather suffer a little than shed blood." They also expressed a hope that every cause of jealousy would be removed, and that "mutual confidence, hannony, and good understanding," would arise between New York " and her sister states to the eastward."* On the 2d of June, Oliver Ellsworth and Jesse Hoot of Con- necticut, Timothy Edwards of Massachusetts, Dr. John Wither- spoon of New Jersey, and Col. Samuel J. Atlee of Pennsylvania, were deputed to visit the " Grants" in accordance with the resolve of Congress. Notice of their aj)pointment was imme- diately communicated to them, accompanied with an urgent request from the president of the Congress, that they would enter immediately on the business which had been intrusted to them. "Wliile affairs were in this condition. Governor Chnton wrote from his camp in the Highlands, on the 7th of June, to those who were especially interested in the amicable settlement of the disputes which had been the cause of so much ill feeling and violence. He informed Samuel Minott, the chairman of the committee of Cumberland county, that the advance of the British up the Hudson had delayed the meeting of the Legisla- ture, and had compelled him to take the field. At the same time he assured Minott that he should convene the members as soon * Papers relating to Vt. Controversy, in office Sec. State N. T., pp. 15, 16. 1TT9.] GOVERNOR CLESTTON. 351 as the safety of the country would admit of his return, and should endeavor to induce them to concert such measures as would insure the peace and safety of the inliabitants of Cumber- land county. "In the mean time," said he, "I must earnestly recommend to you to continue firm in the cause in which you are engaged, and to conduct yourselves with prudence towards the revolters, and you may rest assured that I shall make every exertion for your protection of which the executive authority of government is capable."* To General Washington he communicated his regret that the late resolutions of Congress were insufficient to remedy the difiiculties wliich they were designed to meet, and announced his intention of quitting the field in order to convene the Legisla- ture, and make the necessary arrangements for vindicating the authority of the state. " I had flattered myself," wrote he, " that in consequence of my representation that Ethan Allen having the rank of a colonel under Congress, had with his associates seized and imprisoned the principal civil and military oflicers of this state in the county of Cumberland, the justice and wisdom of Congress w^ould have adopted such measures as might have prevented this state from the cruel necessity they will too probably be reduced to in a short time, of opposing force to force. Your Excellency, who knows my inclinations and conduct, the zeal and exerh'ons of this state in the common cause, and their long and patient forbearance under the usur- pation of their revolted citizens, will judge with what anxiety we look forward to the cruel dilemma to which by the gi*eat principle of self-preservation we may shortly be reduced ; and this anxiety is rendered doubly painful by the reflection, that the general interest of America must necessarily be affected by applying the resources for maintaining the authority of this state, which have been so amply and liberally afforded by them since the commencement of the war in support of the common cause." He also informed him that in order to carry into execution the measures upon Mdiich he had determined, it would be necessary for the state to be furnished with appropriate means. He therefore desired Washington to return " the six brass six-pounders, together with their apparatus," which New York had loaned to the United States in the year 1776, or to replace them in case they were not to be obtained. As to pro- * Papers relating to Vt. Controversy, in office See. State N. Y., p. 17. 352 HISTORY OF EASTERN VERMONT. [1Y79. visions, he stated that he liad been ordered by the Legislature to collect a " magazine of flour," but that it would, perhaps, be wanted by those who might be ordered to support the authority of the state. The whole tone of the letter was in keeping with the course which the Governor had determined to pursue as a faithful guardian of the interests of the state.* In writing to Jay, Clinton declared his ojDinion concerning the late action of Congress in language even more decided than that which he had used in his letter to Washington. He expressed his astonishment and concern that Congress had " passed over in profound silence" the remonstrances which had been sent them against the conduct of the revolters from ISTew York. He appealed to their candor to decide whether their inaction accorded with their repeated resolutions in which they had declared their determination to " discoimtenance every species of disrespect shown by any officers in their service to the legisla- tive or executive authority of the respective states ;" or whether it was a proper result of their decision of the 1st of June, whereby they had resolved to " pay an equal attention to the rights of the state of l^ew York with those of the other states in the Union." l*^ot doubting the purity of the intention of Congress in appointing a committee to confer with the revolters, he at the same time made known his disapprobation of the measure in terms which could not be misunderstood. " I am apprehensive," said he, " it will by no means produce the salu- tary effects for which I suppose it was calculated ; for, notwith- standing the just and generous terms offered by my different proclamations f(junded on the resolutions of the Legislature of this state, the refractory disposition of the principal actors in this revolt has still increased. By them it will be considered as an implied acknowledgment of their authority, and thereby tend to strengthen the usurpation ; and in the minds of the well-affected citizens who know the repeated and uncontradicted declarations which the principal revolters have made that they have received encouragement from several members of Con- gress, some of whose names are mentioned, and who have observed that the most flagrant insults against the civil authori- ty of this state, even by officers of Congress, have been totally disregarded, it will, I have too much cause to fear, excite fresh jealousies." For these reasons he recommended that the con- * Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 20. 1779.] JOHN SESSIONS, 353 ferenco committee should postpone their jonrnej until the state Legislature should have time to convene, and consider the late resolves of Congress. His letter to the New York delegation, though not as comprehensive, contained sentiments similar to those announced in the lettei's to Minott, Washington, and Jay.* By the committees of six towns in Cumberland county, M^hich acknowledged the jurisdiction of New York, John Sessions of "Westminster was commissioned to bear to Governor Clinton an official account of the late transactions, and of the difficulties to which the subjects of New York had been exposed in conse- quence of their obedience to the laws of that state. In the letter of the committees which he carried, dated the 8th of June, an earnest wish was expressed that the state should bear his expenses to Philadelphia, whither they desired he should pro- ceed for the purpose of expediting, if possible, the determination of Congress with respect to the controversy. A report spread by Ethan Allen, to the eifect that two-thirds of the members of Congress were favorers of the new state of Yermont, served to render the committees especially anxious to know how much of tliis story was to be placed to the account of truth, and how much to the workings of fancy. As to the effect which the legal prosecutions they had suffered had produced, they used this language : — " We would beg leave to inform your Excel- lency, that we cannot long endure our present distressing situa- tion, and if Congress does not immediately interfere, or the state protect us effectually and without delay, we shall be under the disagreeable necessity of submitting, though reluctantly, to be governed by the enemies of the state."! Similar to this was the account sent by Micah Townsend to Governor Clinton on the 9th. From his declarations it appeared that the greater part of the Green Mountain Boys, with whom he had conversed during the time of the disturbance, were either unwilling or unable to make known the number of their " fighting men," or even of their regiments. He stated, how- ever, on the authority of Boswell Hopkins, the clerk of the General Assembly of Yermont, that their militia force numbered three thousand, of which two thirds, it was supposed, would take arms against New York; that they also dejDended upon the * Doc. Hist. N. Y., iv. 9&6-916. Journals Am. Cong , iii. 286, 286, 295-208. Papers relating to Vt» Controvei-sy, in office Sec. State, F. Y., pp. 18, 19. f George Clinton Papers in K Y. State Lib. vol. viii. doc. 239'1. 23 354 HISTORY OF EASTEEX VERMONT. [1779. assistance of a tlioiisancl men from Berkshire county, Massa- chusetts, in an emergency, and upon the co-operation of the immigrants who were flocking from other states. He assured tlie Governor that Ethan Allen had remarked that the trials of tlie Yorkers had not been held for the purpose of distressing individuals, but that they were intended as a challenge to the government of New York " to turn out and protect their sub- jects." He also stated that Allen liad publicly declared that the supporters of the new state had, for a long time, been engaged in making preparations for a contest with the Yorkers, that they were now prepared to receive their opponents, and were desi- rous that Governor Clinton should be informed of their readiness to fight. " After so open a challenge," wrote Mr. Townsend, in view of these circumstances, " if Congress does not immediately determine this controversy in favor of ]^ew York, or the state efi:ectually protect their subjects here, it cannot be thought strange if they should in a body join the only government under which they can be secure. Who will dare resist the execution of the laws of Vermont, unless upon tolerably sure ground, when whipping, branding, &c., will infalKbly be the consequence if superior force does not prevent it ? And if submission must be our lot, will not the state hereafter, and with reason, have those who are now their friends for enemies ? If Congress do not take up the matter presently, or if they make only a temporary set- tlement, it is clear to me that Yermont is favored, and will infal- libly maintain their independence unless the force of New York prevents it immediately. For New York to delay taking arms, however specious the reasons, is the same as to yield the point." In discussing the subject at greater length, Mr. Townsend recommended to Governor Clinton, in case the Legislature should deem it best to defend their constituents, to send from New York a force strong enough " to bear down all opposition" in the county, and then, if it should be thought practicable to make use of the Yorkers resident in Yermont, to supply them with arms, ammimition, and " some experienced officers." He further suggested, as a plan which had been communicated to him by one who was " acquainted with military matters," and who had ever been a staunch supporter of the jurisdiction of New York, that fortifications should be erected to enclose the Court-house at Westminster, and that two hundred or tliree hundred men should be sent to build them and to act as a gar- rison when they should be completed. The accomplishment of 1770.] ACTION OF CONGRESS. 355 this design lie described as easy, owing to tlie bluff a few rods north of the building, which would serve as a natural rampart, and to the level character of the ground in every other direction. Under the protection of the garrison he recommended the esta- bhshment of courts of justice, a measure which, he supposed, would tend gradually to restore order and end opposition. " In this event," said he, " Charlotte county will be between tM^o fires, the British and the Yorkers." To support the troops he doubted not that private contributions would be made. In behalf of Col. Samuel Wells of Brattleborough, he promised a thousand pounds of beef and a barrel of pork. He also expressed his belief that when it should appear that New York was " in earnest" in her efforts, a company could be easily raised in the countv to assist in garrisoning the fort.* Tliese various communications, containing expressions beto- kening an intention of prompt and decisive action in certain quarters, were not without their effect. To atone for a supine- ness, which was probably the result of ignorance rather than of design, Congress resolved unanimously, on the 16th of June, that the officers acting under the state of New York, who had been lately deprived of their hberty " by certain persons of a district called the New Hampshire Grants," ought to be immediately liberated; directed the committee of conference, that had ah-eady been appointed, to inquire into the subjects discussed in Governor Clinton's letters, and report specially to Congress ; declared that Congress did not intend, by their resolution of the 1st of June, to uphold principles subversive of, or unfavorable to, the internal pohcy of any of the United States ; and decided that, inasmuch as " very salutary effects" were expected to follow the appointment of the committee of conference, further proceed- ings on Governor Clinton's communications should be postponed until that committee should report. Of the views of Congress at this time, upon the controversy between New York and Yer- mont. Jay, in a letter to Clinton, observed; — " The majority of the house have proper ideas on the subject, and we flatter our- selves that it will terminate right." Clinton received the reso- lutions of the 16th on the 23d, and immediately informed the New York delegation, that in consequence of the measures adopted by Congress, he should defer convening the Legislature until the beginning of August. He further remarked that this * George Clinton Papers, in K Y. State Lib., vol, viii. doc. 2897. 356 HISTORY OF EASTERN VERMONT. [ITTO. delay would give the committee an opportunity to report, and at tlie same time would not prevent him, in his official capacity, from making such arrangements for supporting the authority of the state as circumstances might require.* JS^otwithstanding the excitement which had followed the attempt to seize the property of those who had refused to act in the service of "Vermont, Chittenden proceeded on the 11th of June again to draft men, and did not fail to include the southern part of Cumberland county in the district from which levies were to be raised. In obedience to his orders, one of the officers of Vermont informed Benjamin Jones Jr., and John Kathan of Fulham, on the 17th, that they were required to do mihtary duty. On their refusal to comply, being subjects of New York, the officer took a cow from each, and sold one of them by auction, and retained the other for the use of the state.f On the 21st, a party of Yermonters, acting under the same authority, seized a heifer belonging to Ezra Robinson of Fulham, and without notifying to the owner the time and place of the sale, disposed of the property at vendue. On the same day an officer who had been directed to demand the services of Ephraim Rice of Fulliam as a soldier, called at his house accompanied by five men. Rice refused either to serve, or to pay one half the amount requii'ed to engage a substitute. Thereupon the officer took possession of a cow and a heifer, the value of which was nearly twice the amount necessary to dis- charge the obligation, and sold them under the hammer with- out public notice of the time or place of the sale. While matters were in this condition. Dr. "VVitherspoon and Col. Atlee, two of the members of the committee of conference, arrived at Bennington, and held an interview with Chittenden and others concerned in the government of the state. On the 23d, the two members wrote to Samuel Minott, informing him of the object of their visit, and of the results which they hoped to achieve. They exjjressed a hope that by the interposition of Congress, there would be in a short time a happy accommo- dation of all differences, and stated that they had for the pre- * Doc. Hist. N. T. iv. 976-9*78. Papers relating to Vt. Controversy, in office Sec. State K Y., pp. 21, 22. •j- On the 23d of July following, the " inclosed wood" of John Kathan was entered, and " about three loads of hay" were removed, and appropriated to the use of the state of Vermont. George Clinton Papers, in N. Y. State Lib., voL viii. doc. 2462. 1779.] SENTEtfENTS OF GOV. CHITTENDEN. 357 sent obtained a promise from Governor Chittenden, that the subjects of New York resident in Cumberland county, should not be molested until a final settlement of existing differences should be effected. In view of these considerations, the com- mittee recommended to Mr. Minott to counsel those whom he represented, to raise their full proportion of men, whenever the services of the people of Vermont were required either by the rulers of that state, or by continental ofiicers. By following this advice, the Yorkers would neither acknowledge the authority of Yermont, nor disavow allegiance to New York. Such a couree would also remove all imputations of disaffection to the cause of the United States, and would aid effectually in advancing the measures of pacification which were then on foot.* In a letter of the same date to a friend in Cumberland county. Governor Chittenden advanced similar sentiments. Referring to the late refusal of some of the inhabitants of that county to serve in the Yermont militia, he expressed his regret that " a second insurrection and open violation of the authority" of Yermont, and of the United States had occurred, and that " private difliculties should in the least impede" a general union in defence of the liberties of America. Owing to the urgent necessity of securing the frontiers from depredation, he entertained no doubt that the inhabitants of Cumberland county would readily assist in that service. So long as they should con- tinue to do their proportion in the present war, and the ques- tion of jurisdiction should remain undetermined, he recom- mended the suspension of all prosecutions against those who acknowledged themselves subjects of the state of New York.f To obtain the information concerning Yermont desired by Congress, the committee of conference propounded a number of written queries to Governor Chittenden on the 24th. To these he returned written replies. The sentiments entertained by the government of Yermont towards that of New York and of the United States, became in this manner more fully known, and enabled Congress to ascertain with greater accuracy the strength of the position which Yermont had taken. Tlie reasons assigned by Chittenden for the seizure of cattle in the preceding month, were the same that had been alleged at the time of the transaction. In answer to the main question of the * Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 2S. \ Papers relating to Vt. Controversy in office Sec. State N. Y., p. 24. 358 HISTORY OF EASTERN YERMONT. [1779. committee, whether the people of the new state would be willing to refer the final decision of the question of jurisdiction to the Congress of the United States, Chittenden answered that he believed he had the warrant of his constituents in saying, that " they would think themselves happy" in submitting to the arbitration proposed, provided the privileges granted to Vermont in supporting her cause were equal to those granted to New York, and on the further condition that the people of the former state should be permitted to reserve to themselves in the trial all the " rights, privileges, immunities, and advan- tages," which they might possess by any former power, grants, or- jurisdiction.* Witherspoon and Atlee, having accomplished their mission to their own satisfaction, set out for Albany without waiting for the arrival of their colleagues. Meantime, Governor Chitten- den having been informed that the cattle which had been taken from the Yorkers, had been sold in consequence of his orders of the 11th inst., transmitted the intelligence, on the 2Ttli, to the Congressmen with whom he had so lately held conference. In his letter he assured them that the seizure and sale were wholly the result of the refusal of some of the citizens of Cumberland county to contribute their proportion in support of the war, and could not, therefore, prejudice his attempts to effect a reconciliation. He also informed them that Mr. Root, and Mr. Ellsworth, two of the other three members of the con- ference committee, were then within a few miles of Bennington. So anxious was he to insure the safe delivery of his communi- cation, that he sent it by the hands of a special messenger. In their reply, the committee manifested great concern lest this last disturbance should be the means of defeating the measures for a reconciliation which had been agreed on. Although unwilling to regard it as " a breach of the agreement," yet they did not hesitate to inform Mr. Chittenden that all hopes of a peaceful settlement would be frustrated, unless proceedings of this nature were discountenanced and forbidden, and restitu- tion made to those whose property had been taken. On their return to Philadelphia, "Witherspoon and Atlee pre- sented a report to Congress on the 13th of July, embracing an account of the manner in which they had been received by t^^e new state men, and of the written repHes which they had * Papers relating to Vt. Controversy, in oflBce Sec. State K Y., p. 25. 1779.] CO^P^'ENTION OF COMMITTEES. 359 received iu their conference with Governor Chittenden. It does not appear that this report was ever accepted, nor could it have been with propriety, since it was presented by two mem- bers of the committee only, while three was the smallest num- ber authorized to act officially. As far as this mission was intended to answer the purposes of those who proposed it, it was a failure.* It served, how^ever, to sustain the hopes of the new state party and to give them fresh zeal in their efforts to obtain from Congress an acknowledgment of Yermont as a free and independent state.f On the 23d of July, the committees of Hinsdale, Guilford, Halifax, Brattleborough, Fulham, Putney, "Westminster, Itock- ingham, Springfield, and "Weathersfield, assembled in conven- tion at the house of Col. Serjeants in Brattleborough for the pur- pose of concerting measures to protect themselves and their constituents from the indignities to which they were sub- jected by the authorities of Vermont. Samuel Minott being chairman and Micah Townsend clerk, a petition was prepared, addressed " to the honorable the Congress of the United States of America," in which the disputes concerning the jurisdiction of the Kew Hampshire Grants were reviewed, and the conduct of those concerned in them, noticed. In opposition to the attempts of those who desired to establish Yermont as a sepa- rate and independent state, the petitioners stated that a majority in several, and a respectable minority in other towns in Cum- berland county, including men of the best character and estates, were of the oj)inion that the settlement made by the king of Great Britain in the year 176-i«was still binding and would so remain until Congress should determine otherwise. Announ- cing this as their own belief they declared that they had refused to join in the "unprovoked and unreasonable" revolt from Kew York, choosing rather to suffer the inconveniences which would attend their loyalty than to join in an internal revolu- tion whose consequences would tell so fatally upon the common * During three or four months succeeding the visit of the congressional committee of conference, it is probable that the laws of Vermont were not strenuously enforced against the Yorkers. In the orders of Col. Samuel Fletcher to Capt. Jesse Burk of Westminster, dated at Townshend on the 2d of August, 17*79, Burk is directed '' to call upon those called Yorkers " to contribute their proportion in hiring a man to do military duty, "biit not to proceed in law against them in case of refusal at this time." George Clinton Papers, in N. Y. State Lib., vol. viii, doc. 2466. f Various MSS. Doc. Hist. N. Y., vi. 978, 979. Journals Am. Cong. iii. 322. SCO HISTORY OF EASTERN VERMONT. [1779. cause of America. Referriug to the cruel activity whicli had been evinced towards them by the " usurped government," and to the proscriptive and bloody enactments which the Legisla- tm*e of Vermont had seen proper to pass, in order to hold them in subjection, they besought Congress — ^by the " complete anarchy " under which they had long suffered, by the imputa- tions to which they were continually exposed of being branded as Tories on account of their refusal to obey the laws of Yer- mont, and by the respect due the articles of confederation, whose words were intended as emblems of the protection which would be afforded to each of the United States — to adopt such measures as should restore rights to those who had been depris'ed of them by violence, and ensure peace to a distracted people.* At the same convention, a letter was prepared for Governor CHnton, more particular in its details of the situation of affairs, and more desponding in its tone, than any which had preceded it. In this communication Samuel Minott, in behalf of his asso- ciates, recounted the services which they had rendered, and referred with regret to the little good which had been thereby accomplished. He stated that a number of the inhabitants of Cumberland county, influenced by principles of duty and affec- tion towards the state of New York, and opposed to the exer- cise of an authority which they deemed usurped, had, since the beginning of the year 1778, chosen committees to conduct their opposition ; that they had held frequent meetings for the pur- pose of preserving and increasing the interest on this subject, and had often addressed his Excellency in relation to its import- ance ; that this attachment had subjected some of them to fines, imprisonment, and the partial loss of their estates ; and that the state of anarchy which they had been compelled to endure had been to them a constant source of trouble and disquiet. " We suffered all with patience and cheerfulness," continued the writer, " hoping that Congress would at length interfere and do justice to the state of New York, by recommending to the re- volted to return to their allegiance and use their influence to quiet the disorders. And when the violent measures of Ver- mont had attracted the notice of Congress, and threatened to disturb the peace of the continent, we rejoiced at what had * Doc. Hist. N. T., iv. 981-987. Papers relating to Vt Controversy, in office Sec. State N. Y., p. 26. 1770.] TETITION SUBMITTED TO NEW YORK LEGISLATURE. 361 occasioned Congi-ess to attend to our difficulties, thongli other- wise distressing. But when we are convinced that those from whom we expected relief, bj public recommendations and pri- vate advice, countenance what we before thought was rebellion ; and instead of supporting the jurisdiction of N^ew York, advise its subjects to a temporary submission to Yermont, and, as we are informed, the officers of Yermont how to conduct the opposition to ISTew York, we are discouraged, and think it needless for us to spend our time and money, and perhaps subject ourselves to trials for treason, on account of our duty to the state. As to their future conduct, he assured the Governor that the county committee were to convene on the return of their representa- tives from the Assembly of New York, and would then dissolve and submit " to the powers that are," unless it should appear that the state had determined to assert and support its jurisdic- tion. Amid all these discouragements, he did not fail to declare his belief that the rights of New York could be maintained on the " Grants.'' In closing, he acknowledged with great courtesy the attentions which his Excellency had paid to the distresses of his constituents, and expressed gratitude for the efforts which he had made to restore peace to an unhappy country."* Before presenting the petition to Congress, the convention determined to submit it to the New York Legislature, and ob- tain their views concerning its sentiments and propositions. It was accordingly placed in the charge of Charles Phelps, who was instructed to carry it to Kingston. Tlience he was to take it to Philadelphia, provided the Legislature should agree to bear his expenses. The representatives in the New York Assembly from Cumberland county at this time, were Micah Townsend, Elkanah Day, and John Sessions. The petition was brought in by Mr. Townsend on the 25tli of August ; and, its object having been fully explained, the House signified their approbation of the course which it recommended by the following preamble and resolutions : — "Whereas, the inhabitants of the towns of Hinsdale, Guil- ford, Halifax, Brattleborough, Fulham, Putney, "Westminster, Rockingham, Springfield, and Weathersfield, in the county of Cumberland, are immediately and greatly affected by the dis- orders prevailing in the north-eastern parts of the state ; have suffered exceedingly by their attachment to this state, and oppo- * George Clinton Papers, in N. Y. State Lib., voL viii. doc. 2448. 362 HISTOKT OF EASTERN VERMONT. [1T79. sition to the autliority of the pretended state of Yermout ; may be presumed to be peculiarly anxious for the restoration of order and good government ; and under these circumstances, are enti- tled to great indulgence and attention. And, whereas, the Le- gislature are disposed to attempt every measure, which may have even the most remote tendency to peace and accommoda- tion : " Resolved, therefore, that for the above reasons, this House do consent that the petition of the inhabitants of the said towns, signed by Samuel Minott, and bearing date the 23d of July last, be presented to Congress. " Resolved, that the Legislature will provide for the expense of the journey of Charles Phelps, Esq., appointed by the inha- bitants of said towns, to present the said petition. " Ordered, that Mr. Jay and Mr. F. Bancker, carry the said petition, together with a copy of the above resolutions, to the Honorable the Senate, and request their concurrence in the said resolutions." The petition was read in the Senate on the 26tli. Tlie action of the Assembly was approved of, and the same preamble and resolutions were adopted as an expression of the views of the upper house. "While these measures were in progress. Governor Clinton had addressed a message to the Legislature on the 25th, in which he had referred to the " disturbances in the north- eastern counties" of the state, and to the necessity of subduing to submission, those who had excited them. Tlie theme sug- gested was taken into consideration on the 26tliby a joint com- mittee from the two houses, who reported a draft of instructions for the benefit of the ITew York delegation in Congress. The report was agreed to by the Senate on the same day, and on the 27th was concurred in by the Assembly. Tliese instructions, together with the documents emanating from Cumberland coim- ty previously mentioned, were intrusted to Phelps, who soon after left Kingston for Philadelphia.* While the Legislature of New York and the citizens of that state in Cumberland county, were engaged in endeavoring to induce Congress to adopt measures which should put a period to the dangers by which they were threatened. Governor Chit- tenden was not idle. Li a letter addressed by him to President * N. Y. Assembly Journols. N. Y. Senate Journals. Doc. Hist. K Y., iii. 987- 992. Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 27. 1779.] SENTEVTENTS OF GOV. CHITTENDEN. 363 Jay on the Sth of August, he maintained the right of the new state to a separate and independent jurisdiction, and stated in plain but forcible terms, the reasons which had induced the late seemingly severe conduct on the part of Vermont towards the New York adherents. He denounced the action that Con- gress had taken in their resolves of the 16th of June previous, and declared that the authority of Vermont had been "im- peached and censured" by them, before the " facts and circum- stances in the case could have been particularly known." The punishment which those acting under New York authority had received, was owing, he remarked, to a " high-handed breach of the peace," of which they had been guilty, and he further stated that their liberation had been effected previous to the passage of the resolves referred to. Tlie full meed of praise was given to the valor and patriotism of the Green Mountain Boys. Their readiness to engage in the scenes of war, and to bear their proportion not only of the labor but of the expense also, received special comment. Notwithstanding the declaration of the inhabitants of the southern part of Cumberland county, tliat they were the warm friends and firm supporters of the cause of the United States, the Governor asserted that many of them who were able-bodied and efi'ective, had taken advantage of the disputes between New York and Vermont, " to screen themselves from service," and had refused to comply with the appeals which had been frequently made to them for their quota of men and money to furnish defence for their own fron- tiers. The whole tenor of this letter bore evidence to the inten- tion of the writer and his friends, to maintain, at all hazards, the independence of Vermont as a separate state. On his arrival in Philadelphia, Phelps, not satisfied with delivering the documents of which he was the bearer, used his exertions to interest such members of Congress as he could approach, in behalf of the measures advocated by the New York delegation. "While engaged in these attempts, he kept the Legislature, at whose expense he was then supported, well informed of the temper of Congress, and of the opinions which were entertained by the members on the subject of the con- troversy. Some of them, he stated in his letter of the 21st of September, were satisfied with the manner in which New York had borne with those who had maltreated her subjects, and were of opinion that it was " high time" to put an end to the juris- diction of Vermont. At the same time he did not conceal 364 HISTORY OF EASTERN VERMONT. [17Y9. the fact, that there were others who would be glad to see Yer- mont established as a separate state. After numerous delays the subject of the controversy was taken up by Congress on the 24th of September, and several resolutions were adopted pre- paratory to the final disposal of the matter. The committee of conference, who had been appointed in the month of June previous, a majority of whom, as it was declared, had never met in the district to which they were sent, and, therefore, had never executed the business committed to them, or made a regular report thereon to Congress — this committee were dis- charged from further service.* To the states of l^ew Hampshire, Massachusetts, and Kew York, the passage of laws expressly authorizing Congress " to hear and determine all differences between them, relative to their respective boundaries, in the mode prescribed by the articles of confederation," was earnestly recommended. To the same sta'tes the passage of similar laws was also recommended, concerning the settlement of disputes between them and the inhabitants of the " Grants." Congress also asked for authority to adjudge all differences subsisting between the grantees of the states named with one another, or between either of the states, respecting title to lands lying witliin the " Grants." In case this power was granted by the states concerned, Congress pledged their faith to carry into execution the decision they should make, whatever it might be, in order that permanent concord and harmony might be established, and all cause of uneasiness removed. The first day of February, 1780, was fixed upon as the time when Congress would hear the argu- ments of the different parties. As to the manner of voting, it was expressly stated that neither of the states interested in the controversy should vote on any question relative to its decision. Until this reference was had. Congress declared it the duty of the people on the " Grants," who denied the jurisdiction of the states before mentioned, to abstain from exercising any power over any of their neighbors who professed allegiance to any or either of the interested states. Tliey further declared it to be incumbent on New York, New Hampshire, and Massachusetts respectively, to suspend the execution of their Laws over the inhabitants of the " Grants," except in the case of those who acknowledged the jurisdiction of any one of these states. In * Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 29. 17T9.] RESOLVES OF CONGKESS. 365 defining the limits of that district for which a separate and independent jurisdiction was claimed, they resolved that none of the towns either on the east or west side of Connecticut river should be considered as included within it, those being excepted which had heretofore actually joined in denying the jurisdic- tion of the states before named, and had assumed a separate jurisdiction under the name of the state of Yermont, Tliey also gave it as their opinion that no unappropriated lands or estates lying in this newly named district, which had been or might be adjudged, forfeited, or confiscated, ought to be granted or sold, until the final decision of Congress should be made known. The inhabitants of Yermont were especially desired to abstain from all hostile action, and to this end it was recom- mended to them to cultivate harmony and concord among themselves, to forbear "vexing each other at law," and to "give as little occasion as possible for the interposition of magistrates." By these resolutions it was proposed, that the power of deciding the controversy should rest with Congress. On the 2d of October, it was proposed that this power should be vested in " commissioners or judges," to be appointed in the mode prescribed by the ninth article of the confedera- tion. This programme of the course which Congress intended to pursue, was immediately transmitted to all the parties interest- ed, with a request that they would conform to its provisions. In compliance with this application, resolutions were passed and agents were appointed by New York, on the 21st of October. On the same day, the General Assembly of Yermont elected delegates to appear at Congress to vindicate the right of that state to independence, and to agree upon articles of union and confederation. Massachusetts, although she did not choose agents to represent her in the approaching conference, avowed her right to a portion of the controverted territory, notwith- standing the agreements which had been previously made, by which she had been excluded from participation. Tlie resolves of Congress were approved of in New Hampshire, and delegates were chosen on the 17th of November, to present and defend the claims of that state at the time appointed, Tlie power of deciding the unhappy disputes which had caused so much per- sonal and political animosity, was now in the hands of a tribu- nal which commanded the respect of the appealing states. To its decision, not only the parties concerned, but all the states in 366 niSTOEY OF EASTEEN VERMONT. [1779. tlie confederacy looked forward with an interest commensurate with the importance of the results which were to follow.* * Doc. Hist. N. Y., iv. 992-1000. Journals Am. Cong., iii. 350, 363, 365-36T, 3*71. Slade's Vt. State Papers, pp. 110-116. Papers relating to Vt. Controver- sy, in office Sec. State N. Y., p. 30. Laws of N. Y., in office Sec. State N. Y., 1111-1189. CHAPTEE XIY. CONXmUATION OF THE DISPUTE. THE BTJENING OF EOTALTON. Representatives from Cumberland county in the New York Assembly — Guilford- ite Yorkers — Elections held by order of New York — Micah Townsend's Letter to Gov. Clinton — Convention of Committees at Brattleborough — Samuel Minott to Clinton — Charles Phelps refuses to serve in the Vermont Militia — He and his son Timothy are fined — Second Convention of the Committees — Major Jonathan Hunt sent to Philadelphia — Action of Congress — attempts of Vermont to effect a Settlement with the Yorkers — Petition of Inhabitants of Cmnberland county to the New York Legislature — Gov. Clinton's Letter to Samuel Minott — Joeiah Bigelow and Peter Briggs, the contumacious Yorkers — Col. Patterson's attempts to enlist Soldiers — Suspicions concerning the loyalty of Vermont to the Ameri- can cause — Gov. Clinton's opinion — Hearing before Congress of the Claims to the " Grants" — Incursion of the Indians at Barnard and Bethel — ^Fort Defiance built — The British and Indians plan an attack on Newbury — Are diverted from their object — They attack Royalton — Sufferings of the Havens family — Adven- tures of Gen. Elias Stevens and Capt. John Parkhurst — Escape of the Rix family — Heroic conduct of Gen. Stevens — Various incidents connected with the cap- ture of the Inhabitants — Col. John House and his men pursue the Enemy — The Fight— The Threat of the Indians— Their Flight- Fate of the Captives— Opi- nions concerning the conduct of Col. House — Review of the Losses — Incidents connected with the Inroad — The Exploits of Mrs. Hendee — The Alarm at Brook- line — The Flight of the People — The Burning Brush-heaps at Newfane — Prepa- rations for Defence — The gathering of the Soldiery — The Calmness of Noah Sa- bin Sen. misinterpreted — Explanation of the Alarm. DtJEiNG the winter of 17Y9, 1Y80, and the spring of the latter year, various attempts were made to obtain from Congress a decision of the controverted question of jurisdiction which continued to harass the people of New York and cramp the energies of the in- habitants of Vermont. Tlie attention of Congress was so much occupied in furthering the general welfare of the Union, that the points of difference between the contending parties, were allow- ed to remain imdecided. Meantime, Cumberland county was re- presented in the Legislature of New York by Micah To wnsend of Brattleborough and Elkanah Day of Westminster. The former occupied his seat from the middle of August, 1779, to the middle 368 HISTORY OF EASTEEN VERMONT. [1780. of March, 1780, and was indefatigable in his endeavors to assist the inhabitants of Cumberland county. The latter was present for a few days only, at the beginning of the session ; and, whether governed by choice or necessity, did but little to advance the interests of his constituents. In a few of the towns in the county, the Yorkers continued to assert their rights, and did not scruple to punish those whom they deemed guilty of crime. Some time in tlie month of Fe- bruary, 1780, Henry Sherburn and Timothy Eoot, inhabitants of Guilibrd, and supporters of New York authority, " arrogated to themselves" the power of acting as judges in a case between Ephraim Nichols and Henry Hix. Sherburn administered oaths, took the evidence in due form, and, in conclusion, he and Koot decreed Hix guilty, and awarded to him, as a suitable punishment, fifteen stripes on his naked back. It is stated that " Job Whitney laid them on." But the Guilfordite Yorkers were not content with partially establishing the jurisdiction of the state to which they owed allegiance. Tliey aimed to be the sole rulers within their own town. They were jealous of rivals, and of those who seemed to be aiming at that condition. It was this sentiment which, on the 6th of May, brought Hezekiah Stowell, Asa Eice, Phineas Kice, and Micah Kice, headed by the before-named Sherburn, to the house of Levi Goodenough Jr., who, by the authority of the people of " the independent state of Vermont" was holding a court, and at the time of the visit, was busied in the trial of a criminal. On this occasion, Sherburn evinced higher powers of magistracy, for, by his or- ders, Goodenough was forbidden to proceed with the trial, the couvt was broken up, the criminal was ordered home, and the authority of Vermont was defied. Circumstances like these served to awaken in the minds of the Yorkers the hope that they might be successful in establish- ing what they regarded as the rightful jurisdiction. In several towns they attempted to exercise the right of suffrage, at the spring elections which had been ordered by New York. Simeon Edwards, a valiant citizen of Guilford, " signed and posted up a warrant in the name of the sheriff," requiring the people of the town to assemble and elect a Governor and other civil offi- cers for the state of New York. In obedience to this call, those of the inhabitants who regarded the warrant as legal assembled, and an election was held. In other places the supporters of the new state, tore down the notifications and threatened all 1Y80.] OPINIONS OF THE PEOPLE. 369 who slionld concern themselves in New York elections with prosecutions. When the people met at Putney to vote, the Yermonters appeared in force, and, by their authoritative and menacing manner, put an end to the voting. Conduct similar to this in other towns deten'ed many of the more timorous friends of New York from declaring their sentiments, Tlie election was regarded by all as a failure. It did not express even the little strength which was to be found in the ranks of the minority. On the 10th of April, after his return home from the session of the New York Legislature, Micah Townsend wrote to Go- vernor Clinton informing him of the sentiments which were entertained concerning the controversy, by the various classes of people with whom he was brought in contact. For three years had the loyal subjects of New York awaited the decision of Congress respecting the recognition of Yermont as a sepa- rate state. To the February just passed they had looked for- ward with th'C hope that this important question would then be settled. Their agents had, however, returned from Phila- delphia, and the most encouraging report they could give, was that Congress would not at present determine the dispute. Uneasiness, "general and great," followed. A few openly espoused the cause of, and subscribed the oath of allegiance to Yermont. Many, wavering between hope and fear, began to think of safety in " an agreement ^ith the ruling powers," as they designated the government of Yermont. Others, resolving to remain true to the jurisdiction which they believed just, continued to exhort the desponding to stand firm in the interest of New York, imtil Congress should have leisure to view the important question in its varied bearings, and publish a decision which should prove equitable as well as legal. Meantime the Yermont Legislature were straining every nerve to increase their power. At their March session held at Westminster in the present year, they had granted large quantities of land to persons residing in the New England states, and had appointed a committee of three to confer with the Yorkers in Cumber land county. The men chosen to manage this conference, hav- ing lobbied at Congress, had become skilled in the arts of insinuation, and fears were entertained that they would succeed in misleading those who had not much to gain should the authority of New York be estabhshed, but who had every- 24 370 HISTORY OF EASTERN VERMONT. [1780. thing to lose iu case lier claim should be pronounced in- valid.* For the purpose of ascertaining the political condition of Cumberland county, a convention of those owing allegiance to Xew York was held at Brattleborough on the 11th of April. Xine towns were represented. However satisfactory the delibe- rations on this occasion might have been, yet the letter to Go- vernor Clinton, written by the chairman Samuel Minott, in behalf of the convention, was not of a character to inspire hope, either by its references to the present, or by its estimates of the future. After mentioning the opinion prevalent among the people, that Congress would pay no attention to the settlement of tlie dispute during the continuance of the present war, Mr. Minott reverted to the transactions in which he and his asso- ciates had been engaged in support of the jurisdiction of ISTew York. He reminded the Governor, that many of the inhabit- ants of Cumberland county, from the time the independence of Yermont was asserted, had continued subjects of New York; that the Legislature of New York, to encourage them to remain in allegiance, had, " in the most solemn manner," pledged the faith of the state to protect their persons and property ; and (although no blame could be charged upon his Excellency) that this pledge had been broken, many of the subjects of New York having from time to time been "notoriously injured," and prevented from obtaining the least satisfaction for their maltreat- ment, or the least assurance of exemption from such usage in future. He then referred to the ineffectual attempt which had been made in Congress to settle the dispute, by sending com- missioners to the " Grants," and alluded to the resolutions which had been passed by the same body on the S-lth of September, 1779, " generously designed" to protect the grantees, and "pre- vent the alienation of public propert}^" Nor did he omit to inform his Excellency, that the Legislature of Vermont, in spite of all these endeavors, had made large grants of land to certain persons who had applied for favors of this kind ; had impri- soned and harassed several of the subjects of New York for offences against the laws of Yermont ; had punished several who had sold liquors without a Yermont license; and had chosen a committee to attempt to persuade the subjects of New * MS. Information against Yorkers. George Clinton Papers, in N. Y. State Lib. vol. ix. doc. 2791. ITSO.] minott's letter to clinton. 371 York to submit to the jurisdiction of the new state before the 1st of June following. Alluding to the precariousness of the situation of the Yorkers, lie continued : " Hitherto, sir, we have at the risque of our ears, and of receiving the infamous punishment of whipping, sup- ported the jurisdiction of the state in this county. But as we begin to believe that Congress — with whom the matter now solely rests — will not do anything effectual for our relief, we do not think it our duty any longer to put our all at stake. We would wnsh, sir — we are earnestly desirous, to live under the government of Kew York, but cannot longer risque so much for a government which is either unable or unwilling to protect us ; and must candidly assure your Excellency, that unless Congress shall have settled this controversy by the 1st of June next, the subjects of New York in this county must, for their own safety, connect themselves with some power able to afford them secu- rity." "While thus stating the grievances to which the adherents of New York in Cumberland county had been subjected, Mr, ]\Iinott, in behalf of his associates, assured the Governor that these unfortunate results had not been occasioned by any neglect on his part. "We beg leave," wrote he, "to express the warmest sentiments of gratitude to your Excellency, for your conduct through the whole of our most distressed situation. We are truly sensible, sir, that you have done all in your power to relieve us, and that if Congress had the same tenderness for the calamities of their constituents which you have repeatedly shown to those under your care, we should before this have been in a capacity of doing something to assist the continent in car- rying on the war." Such were the accounts transmitted to Governor Clinton from Cumberland county. They were intended both for his instruction and the edification of the congressional delegation from New York. Accompanying this communication was a letter from Micah Townsend, of the 12th and 14th of April, confirmatory in part of the statements which had been previously reported. His own situation he represented as " truly disagreeable," and his reasons for this declaration were not trifling. He was well aware that the New York Legislature regarded every act done by them for the maintenance of their jurisdiction on the " Grants," as a ftivor conferred upon their constituency who resided there. He also knew that the Yorkers in Cumberland county supposed that they had merited from the Legislature protection at least, since 372 HISTORY OF EASTERN VERMONT. [1Y80. without anj prospect of private advantage, they had spiritedly maintained the authority of New York against the \aolent mea- sures of the Yermonters. An accurate knowledge of the situa- tion of the Yorkers, both in and out of Yermont, enabled him to mark the instances in which a want of union in their counsels had been detrimental to their cause, and had given strength to their antagonists.* Having dispatched these letters, the subjects of New York flattered themselves that there would be no necessity of troubling the government with their complaints for some time to come. As the Yermont Legislature had appointed a committee to confer with the Yorkers for the purpose of establishing a basis for a union, it was not supposed that hostilities would be continued between the two parties, or that Yermont laws would be enforced against those who denied the authority of the state. But the facts were otherwise. Pursuant to orders from Governor Chit- tenden, drafts of men were made in Cumberland county in the latter part of April. In some towns no distinction was observed between those who acknowledged and those who denied the jurisdiction of Yermont, and in the few towns in which a dift'er- ence was made it was wholly favorable to the citizens of that state. In Marlborough, Charles Phelps and two other persons, who had long been bitter opponents of the new state, were drafted as soldiers until the 1st of January, 1T81. Phelps refused to serve, and declined to pay the fine which was imposed iipon him in consequence of his refusal. On the 2d of May, 1780, Abel Stockwell, in conformity with the statute in that case pro- vided, attempted to distrain for the fine. While thus engaged he was attacked by Charles Phelps and his son Timothy, who did " beat, bruise, cut, wound, and evil entreat" him to such an extent that his " life was greatly despaired of." Dissatisfied with this result, Stockwell visited Phelps's house a second time, and on this occasion seized his cattle and levied a fine of " twenty silver dollars" on his son. At the same time he threatened the younger Phelps with whipping if the fine was not paid. A few days after this occurrence, as was then reported, a post was erected in Marlborough for the pm'pose of facilitating the exe- cution of the punishment. Determined to prosecute the matter further, Stockwell enter- ed a complaint against the Phelpses, and, on the 23d of May, the * George Clinton Papers, in N. Y. State Lib., vol. ix. docs. 279S, 2806. 1780.] PEOCEEDINGS AGAINST THE PHELPSES. 373 sheriff was ordered to attacli their goods to the vahie of £6000 hxwful money, or their bodies in case property to this amount could not be found. On the 8th of June, Joseph Church, the constable of Marlborough, endorsed the following return on the writ: "I have attached sixty acres of land belonging to the within named defendants — thirty acres belonging to the within named Charles Phelps, Esq., beginning at the dividing Hne be- tween him the said Charles and Timothy Phelps, ten rods west of his dwelling-house, ^vest as far as his land goes, and so far south as to contain thirty acres ; and thirty acres belonging to Timo- thy Phelps, beginning at the above-mentioned dividing line, extending north as far as to contain thirty acres, bounding west on Newton's land — and have left an attested copy at each of their houses of this writ, with my doings thereon." The cause was tried on the 3d Tuesday in Jmie, but the decision of the court was withheld. At the August term, Charles Phelps came before the court, and, in defence of his conduct, stated that he made the assault only to maintain possession of his property, which was being " wrenched from him by force and arms ;" that he was a subject of New York, but could obtain no redress of grievances by the laws of that state ; and that he was forced " by the laws of nature and nations" to protect his rights by the means which were in his power. It is hardly necessary to say, that these statements produced but little impression on the court. The defendants were sentenced to pay a fine of £500 lawful money, and an execution was immediately granted against the property which had been already attached. Marlborough was not the only town whose inhabitants were called upon to serve in the Vermont militia. In HaKfax, five Yorkers were drafted but no Yermonters. In Guilford, Capt. Price and four other persons, subjects of New York, were enrolled, and two of the new state's men. In Dummerston, one Yorker and one Yer- monter were drafted. In Putney, thirteen Yorkers and two Yermonters were required to furnish five men. On the 2d of May, the committees from eleven towns in Cum- berland county, assembled at Brattleborough, for the purpose of devising such measures as should seem best fitted to protect their own interests and those of New York. In a letter address- ed to Governor Clinton, they explained their situation, and de- fined the position in which they were placed. To fight with or submit to the government of Vermont appeared to them their only alternative. " On the one hand," said they, " we have 374: HISTOET OF EASTERN VERMONT. [1780. notliing to expect but an unequal and bloody conflict with a ferocious set of men, exasperated by our opposition to their ille- gal measm*es. On the other, submission to a government which we know to be usurped, and whose cruelties have already taught us to dread and abhor it. From this dilemma Congress, and Congress alone, can relieve us ; and if our situation could be rightly explained to them, and that honorable body could be induced for a moment seriously to attend to it ; if they have not wholly lost that glorious spirit which has heretofore, in so eminent a manner, distinguished them — and regard their faith unanimously and solemnly pledged, we are persuaded they must put an end to our miseries by speedily determining to which of the thirteen states we belong. But, if they will not, God knows what will become of us, even while we are waiting their leisure." Other points bearing upon the subject of the controversy were also discussed. In view of the little support which was expected from Kew York, the committees expressed an earnest desire that the Governor would not blame them for taking such measures as they should think most conducive to their safety ; but, on the contrary, would admire the fortitude and loyalty which had induced them, " so long and unassisted^ to stem the impetuous torrent of disloyalty and oppression." This communication, cogent in its reasons, direct in its conclu- sions, and accurate in its facts and details, was signed by Sa- muel Minott, the chairman of the town committees, and was entrusted to Major Jonathan Hunt, who was chosen an espe- cial messenger to deliver it to Governor Clinton. Having fulfilled his commission, Major Hunt proceeded to Philadelphia, and on the 23d of May subscribed an affidavit which was read in Congress, in which he declared his belief, founded on credible information, " that the assumed govern- ment of the New Hampshire Grants, called Yermont " was intending after the 1st of June following, " to put their laws into execution over the persons and estates of the inhabitants of the said ' Grants ' and to exact from them an oath of allegiance to their pretended state." He also stated that "William Williams of Wilmington, who had formerly received a colonel's commis- sion from the Convention of the state of ISTew York, who had been a member of said Convention and was now a member of the Assembly of Yermont, had informed him that the govern- ment of Yermont had re-granted lands which had been pre- viously granted by New York, without consulting the rights or 1780.J CONGRESSIONAL JSIEASUEES. 3T5 interest of the first grantees, and had also disposed of large tracts to persons residing in Connecticut, and to certain continental officers whose petitions for land had been presented by Col. Roger Enos, a continental officer of that state.* In view of this representation, and of other representations of a similar character. Congress on the 2d of Jnne declared the conduct of the people of the " Grants," " in contravening the good intentions " of the resolutions of the 24th of September, and of the 2d of October, 1779, to be " highly unwarrantable, and subversive of the peace and welfare of the United States." At the same time the inhabitants of the controverted district were, by a special order, " strictly required to forbear and abstain from all acts of authority, civil or military, over the inhabitants of any town or district who hold themselves to be subjects of, and to owe allegiance to any of the states claiming the jurisdiction of the said territory in whole or in part," until the controversy, should bo determined. Desirous no doubt of terminating internal dissensions of every character, Congress resolved to " proceed to hear and examine into, and finally determine the disputes and differences relative to jurisdiction," as soon as nine states, exclusive of those who were parties to the controversy should be represented. By a subsequent order, passed on the 9th, the second Tuesday of September following was fixed upon as the day upon which Congress would declare their final determination.f At their spring session, the General Assembly of Vermont had, on the 15th of March, appointed Stephen R. Bradley, Moses Robinson and Jonas Fay, a committee "to enquire as soon as may be into the cause, and officially take the reasons why certain of the inhabitants of the county of Cumberland are opposed to the authority of this state, and wherein their griev- ances consist." Pursuant to this appointment, the committee, accompanied by Governor Chittenden, assembled at West- minster, and afterwards at Putney, " to attend on the Yorkers," and to " bring about a union with the Brattleborougli commit- tee," of which Samuel Minott was chairman. However well- intentioned this measure might have been, it does not seem to have been followed either by a compromise or by any kind of * George Clinton Papers, in N". Y. State Lib., vol. ix. docs. 2856, 2865. MS. Affidavit of Jonathan Hunt. \ Journals Am. Cong., iii. 462-465. Broadside, in Papers relating to Vt. Con- troversy, in office Sec. State K Y., p. 34. 376 HISTORY OF EASTERN VERMONT. [l780. a permanent or temporary settlement. A similar result appears to have attended the negotiations of a like committee, who were directed to convene during the month of August at Westminster, at Putney, and at Brattleborough, "to settle with the Yorkers."* The 1st of June, the time at which it was supposed the governmeiLt of the new state would manifest its power by some decisive act, had come and gone, and no change in the adminis- tration of Yermont affairs had taken place sufficiently important to attract especial attention. To the New York adherents the hopes which they had so long cherished, not only that a decision would be made, but that it would be favorable to them, began to assume an appearance more fantastic than real. Knowing that they could not afford to lose all they had expended in this contest, and deeming it just that the state for which they had hazarded so much should reimburse them for expenditures made in her behalf, they presented to the New York Legis- lature, on the 12th of June, through Micah Townsend, a petition designed to accomplish this end. In it they referred to the dis- affection which had led to the establishment of Yermont as an independent jurisdiction ; to the efforts which had been made by the Legislature of New York to prevent the disaffection from becoming general, which efforts had resulted in a resolve, passed in February, 1778, by which the faith of the state was then pledged " to concur in the necessary measures for protecting the loyal inhabitants of this state residing in the counties of Albany, Charlotte, Cumberland, and Gloucester, in their jDersons and estates ; " to the constancy which many of the residents on the " Grants " had exhibited in continuing allegiant to New York ; to the earnest endeavors which had been made by these "loyal subjects" to obtain the protection of government; to the ill success that had attended their efforts ; and to the perse- cutions they had endured in the shape of fines, imprisonments, and the confiscation of property. Resting their claim on these considerations, they declared that the Legislature were bound in equity to make compensation for the injuries they had received, and expressed a hope that their petition for such com- pensation would be answered. A request so reasonable as this could not, it would seem, have met with a refusal ; but con- siderations more pressing in their nature were continually demanding the attention of the Legislature, and it was not until * MSa of the Hon. Stephen R. Bradley. 1780.] ' Clinton's lettek. 377 several years had elapsed that this application, and other applications resembling it, were treated to a final and definitive answer.* On the 16th of June, Governor Clinton replied to the com- munications he had received from Samuel Minott in behalf of the town committees, and entrusted his letter and other import- ant papers to the care of Major Hunt, who, on his way home from Philadelphia, had stopped at Kingston, where CKnton then resided. "With reference to the resolves of Congress he pro- fessed his faith in the truth of the statements they contained, and made no doubt that the instant there should be a full repre- sentation in Congress, and the public affairs should with propriety permit attention to be paid to the subject of the controversy, it would " be put in a course of decision." Not- withstanding his own convictions, he did not endeavor to conceal from himself or his friends the probability existing that the Vermonters would not heed these resolves, " Should your neighbors," wrote he, " in contempt of the authority of Con- gress, and at the hazard of the welfare of the whole confedera- tion, by embroiling its members in a civil war at this crisis, still persevere in their usurpations, I must recommend it to you not to submit voluntarily, but at the same time, that in your resistance you will be guided by prudence, reflecting that the whole force of all the states will not only be shortly called forth, but will be necessary to ensure success to the great intended operations against the common enemy ; and con- sequently, that, however at another time it might be in our power, and at all times my sincerest desire, to relieve and protect you, yet that in the present conjuncture the power of the state must be directed to another, and I feel assured your own candour will induce you to admit, a more imj^ortant, object." In another part of his communication, he informed Mr. Minott, that complaint had been made to him, when at the northward, that the subjectsof KewTork, resident in Cum- berland county, were living "totally exempt from pubHc burthens." While declaring his disbelief in the charge, he stiH expressed a wish that " even the appearance of a cause might be removed," and therefore recommended the formation of a company of soldiers in the " well-affected towns," to serve for * Doc. Hist. N. Y., iv. 1003 1004. Papers relating to Vt. CJontroversy, in office Sec. State K Y., p. 35. 378 HISTORY OF EASTERN VERMONT. [1780. three months from the middle of the approaching July. He further proposed, that the men thus raised should be attached to the levies required of New York to serve with the continental army, " in the intended operations against the enemy in the southern parts of the state," and named Fishkill as the place to which they should repair as soon as embodied. At the same time he expressed his willingness that the soldiers — provided such was their wish — should be stationed at Skenesborough, now Whitehall, that they might be nearer to their families and homes. In a letter to Col. Eleazer Patterson, of the same date, he enclosed commissions for several officers who had been re- cently appointed, and expressed the hope, provided the project of raising men for the army in the " well-afiected" towns should appear practicable, that Patterson would lend his " best exer- tions" to carry it into prompt execution,'^ Although the subjects of IS^ew York in Cumberland county were at all times ready to serve that state in a civil or military capacity, they did not consider themselves bound to perform similar duties for Yermont. It chanced therefore, that when Comfort Star, captain of the first militia company in Guilford connected with the first Yennont regiment, in pursuance of an act of the General Assembly and in obedience to orders from his colonel, directed his company to convene at their usual place of parade on the 25th of April, and on their assembling, selected Josiah Bigelow and Peter Briggs to serve in the state guard until the 1st day of January, 17S1 — it chanced then, that both of the men drafted, refused to join the troops they were detach ed to serve with, and declined to pay the fine required of them by statute as the punishment for such neglect. Thereupon, by order of the Hon. Moses Pobinson, the Chief Judge of the superior court, process was ordered against the delinquents. Dr. Daniel Rood, of Putney, an "indifferent person," served the summons on Briggs, on the 7th of June, by leaving an attested copy of it at his dwelling. With Bigelow he did not succeed as well. Having first attempted to read the summons, he was ordered out of the house with hard words. On the second essay, he was not only treated in a similar manner, but was driven out of doors by Bigelow, who with one fist in the Doctor's face, and the other at his side, emphatically declared, he " should take it," if he attempted to read the summons. * George Clinton Papers, in K Y. State Lib., voL x. doc. 2981. 1780.] ENLfsTMENT OF SOLDIEES. 379 After several efiorts of this nature, " being impeded by the position and words" of Bigelow, Rood delivered the summons verbally and favored the contumacious Yorker with an attested copy of the same. At the trial before the superior court, judgment was rendered against the delinquents, and each was sentenced to pay a fine of £108, together with the costs of the ti-ial.* The proposition made by Governor Clinton, that a company should be formed in Cumberland county for the continental service, was favorably received, and measures were imme- diately taken for carrying it into execution. From every twelve or thirteen men, one man was selected to serve as a soldier, and his expenses were borne by those from whom he was chosen. Col. Samuel Wells, of Brattleborough, rendered valuable assistance in forwarding the j^roject, and even went so far as to hire a man at his own expense. In announcing to the Governor the success which had attended these efforts, Micah Townsend, in his letter of the 19th of July, did not fail to mention the little difficulties with which he and his friends had been obliged to contend. Li order to avoid any misunder- standing in the future, he recommended to the Governor that the state should advance a small amount of money for the benefit of the company, even though Congress should refuse to sanction the expenditure, rather than that the soldiers should be rendered " uneasy," by being fed on expectations alone. Col. Eleazer Patterson, in reference to the same subject, informed the Governor, on tlie 20th of July, that he and the officers of his regiment had spared no exertions to procure a company of fifty men, and that the reason why this number was not yet fully completed, was the " peculiar situation" of the friends of New York, and not a " want of sufiicient exertion" on the part of those to whom the business of enlisting had been entrusted,- or of " spirit in the people." In his reply of the 16 th of September, Governor Clinton exhorted the Colonel and those associated with him, to adhere to the course they had taken. Tliat their military organization miglit be in accordance with the laws of the state, he announced to them the necessity of being properly armed and accoutred, and of being provided with ammunition. He expressed fuU confidence in their loyalty to New York and the United States, * MS. Papers in the Office of Clerk of Rutland Co., Vt. 380 HISTOET OF EASTEKN VEEMOXT. [17S0. and declared his belief tliat they would make use of every means in their power to render their recruits military and effective men.* During the summer of this year, suspicions had been enter- tained that the principal men interested in the government of Vermont, were engaged in negotiations with the British in Canada, but as to the correctness of the suspicions or the nature of the negotiations nothing could be determined. By Sep- tember, these suspicions had increased to such an extent that they were regarded by many as facts. Fears were also pre- valent that the enemy were about to make an incursion into Vermont, for the purpose of reducing it to a British province. Depositions containing information to this effect, were attested by Benjamin Butterfield and Jonathan Church, inhabitants of Cumberland county. The statements made by these gentle- men, were based partly on hearsay and rumor, and partly on conversations which they had held with persons who had seen scouts who had removed from Cumberland county and joined the British in Canada. Tliese depositions, which were taken at the instance of the New York adherents, were trans- mitted to Governor Clinton for his perusal. Accompanying them was a communication of the lltli of September, signed by the deponents, also by Col. Eleazer Patterson, Lieut.-Col. John Sergeants, Capt. Timothy Church, and several private gentlemen, recommending the appointment of a committee " invested with some degree of authority," whose duty it should be to watch such of the inhabitants of the county as might be suspected of conspu-ing with the British against the Americans, and report their names to the proper authorities. Although this proposition was well received by the Governor, he was prevented by political reasons from acting on its sug- gestions. Under these circumstances he substituted counsel for action. " I can only advise," said he, in his letter of October 3d, " the present civil and miHtary officers to vigilance and a faithful exertion of the authority they are vested with, and I would fain hope they will, in this case, be able to defeat the designs of our secret enemies." He also reminded his friends, that any person who had joined the enemy, and who should be found lurking secretly in the county, was triable by a general * George Clinton Papers, in N. T. State Lib., vol. x. docs. 3081, 3085: xL 3224. 1780.] LUKE KNOWLTON. 881 court-martial as a spy, and subject to capital punishment ; and, further, that any person who should " knowingly harbor or comfort" a spy was guilty of a misdemeanor of the highest nature. That the suspicions which gave rise to these precau- tions were partly founded in truth, there is now no doubt. The vague reports which were then floating among the com- munity, springing from no very responsible source, and exag- gerated by transmission, were the precursors of that diplomatic correspondence which for more than two years was carried on between Frederick Haldimand on behalf of the British, and Tliomas Chittenden on the part of Vermont, and which gave foundation to innumerable stories subversive of the ideas which had hitherto been entertained of the loyalty of Vermont to the cause of America.* In conformity with the expressed determination of Congress to adjudicate fairly upon the conflicting claims to the "Grants," the new state's men had already appointed their agents to appear at Philadelphia, and other parties interested in the con- troversy were prepared to follow their example. Fearing lest the New York delegates should be remiss in their duties, the subjects of New York resident in Cumberland county met on the 30th of August and appointed Luke Knowlton their agent to attend at Philadelphia, at their own expense. By order of the county committee of which John Sergeants was then chair- man, he was furnished with a recommendatory letter to Governor Clinton, in which he was described as a gentleman of " penetra- tion and probity," who had resided in the county since the beginning of the disturbances, and was therefore prepared either to refresh the memories of the delegates, or to acquaint them with such circumstances, as had not yet come to their know- ledge. On the 12th of September, he was provided by Clinton with an introductory letter to the New York delegation, and thus equipped he arrived in Philadelphia. Hopes were now entertained that the long drawn controversy would be decided. The interview between the parties interested and Congress, was opened on the 19th of September, by the presentation of docu- ments detailing the different views which were entertained on the subject under consideration, and the circumstances upon which they were founded. In this manner the reference was conducted for two or three days, when, the agents from Vermont • George Clinton Papers, in N. Y. State Lib., vol sd. docs. 3214, 3250. 3S2 HISTORY OF EASTERN VERMONT. [1780. becoming satisfied that partial modes were pursued, and ex-parte evidence presented and received, wdtlidrew from the assembly, and, on the 22d, sent in to Congress a remonstrance against their proceedings. On the 26th, Knowlton notified to Congress that tlie expensiveness of living and the sickliness of the place, would render it " very disagreeable" for him to remain longer in Philadelj^hia, and returned home. These events, combined with the doubts which had been excited in the minds of many of the members of Congi*ess as to the validity or invalidity of the difiering claims, rendered a postponement of the hearing extremely desirable. This end was accomplished by a resolve to that efifect, and thus was a decision avoided, which could not have been announced in any form without exciting ill feelings, whose results would have been visible in compromising the strength of that union which bound the states together, and which gave them a power that would have been weakness itself had they been divided.* Considering the exposed situation of the northern frontier of Vermont, it had long been a matter of surprise and congratula- tion that the British and Indians had not more frequently im- proved the many opportunities which were open to them of attacking the settlers and pillaging their fields and dwellings. This apparent forbearance, so far from arising from any praise- worthy motive, was caused by the many difficulties which the enemy knew it would be necessary for them to encounter in reaching the settlements. But the intervention of steep moun- tains and pathless forests did not afford complete exemption from attack. On the 9th of August, a party of twenty-one Indians visited the town of Barnard, and made prisoners of Tliomas M. "Wright, John Kewton, and Prince Haskell. These men were subsequently carried to Canada, whence the two former escaped in the spring following. Tlie latter was exchanged after being for more than a year in captivity. While prisoners they sufi'er- ed many hardships, which differed only in kind from those they endured during their return journey. David Stone of Bethel was also captured at the same time, by the same party. "When the settlement of Betliel was begun in the fall of the year 1779, a small stockade fort had been built by the inhabitants of the town for their protection. It stood at the lower end of the west village, on the north side of White river, and its garrison, * George Clinton Papers, in N. Y. State Lib., vol. x. doc. 3181 : xi. 3215. Journals Am. Cong., iii. 518-521, 526, 534. 1Y80.] INCUKSIONS OF THE BRITISH. 383 wliich had been removed from Eoyalton, was commanded by Captain Safibrd. On the occasion of this incursion, it rendered no eifectnal service in behalf of the inhabitants. Immediately after the attack, the inhabitants of Barnard called a town-meet- ing, and resolved to build a fort. Benjamin Cox was chosen captain and a message was sent to the Governor for a commis- sion. As soon as the fact of the inroad was known, several com- panies of soldiers from different parts of the state set out for Barnard, but before they arrived there, the enemy had departed, and the work of defence was almost completed. The fort was known as Fort Defiance, and at times was occupied by a garrison.* But the sorest trial was yet to come. In July, 17T6, an Ame- rican officer, a certain Lieut. Whitcomb, while out with a scout- ing party on the river Sorel, had mortally wounded Gen. Gor- don, a British officer, as he was riding between Chambly and St. Johns, and had taken from him his sword and watch. The British had long desired to avenge this act, which they regard- ed as base and villanous, resulting wholly from a desire of plunder, and totally unworthy of an officer. To capture Whit- comb was, with them, a controlling motive. Expecting, it is supposed, that they should find him at ITewbury on Connecticut river, an expedition was planned against that town. Of the two hundred and ten menf who were engaged in it, all were Indians, with the exception of seven white men who were re- fugees and tories. In the beginning of October, the party, under the command of Horton, a British lieutenant, and one Le Mott, his assistant, started on their mission of plunder and revenge. Their guide, whose name was Hamilton, had been made prisoner by the Americans at the surrendry of Burgoyne, in 17Y7. He had been at Newbury and Royalton during the preceding sum- mer, on parole of honor ; and having left the latter place with several others, under pretence of going to surve}'' lands in the northern part of Yermont, had gone directly to the enemy, to whom, no doubt, he communicated such information as served to assist them in executing their barbarous intentions. "While proceeding up Onion or Winooski river, they fell in, near the spot where Montpeher now stands, with two white men en- gaged in hunting, who informed them that the people of New- * Vermont Gazetteer, ed. 1824, pp. 53, 64. MS. Letter. + "WiUiams says 210; Thompson, "about 800." 384 HISTOET OF EASTERN VEEMONT. [1780, buiy had been expecting an assault from tlieir enemies in Ca- nada, and were well prepared for defence. The information, whether true or false, had the effect to divert them from the primary object of the expedition, and to turn their attention towards Royalton. This town had formerly been defended by a small garrison, but unfortunately the soldiers had a little while before been re- moved seven or eight miles westward to Capt. Safford's fort in the town of Bethel, and the inhabitants were now entirely des- titute of the means of defence. On reaching the mouth of Ste- vens's branch, the enemy passed through the town of Barre to Jail branch, which empties into Stevens's branch ; and, after pro- ceeding up this stream for some distance, crossed the mountains in Washington and Orange counties, and sti-iking the first branch of "White river, followed it down through Chelsea, and encamped at Tunbridge, where they remained during Sunday, the 15th of October, engaged, no doubt, in maturing their plan of attack. Leaving a strong guard at this j)lace, they advanced the next morning before daybreak towards the more settled parts of Tunbridge, and commenced depredations at the house of John Hutchinson, which was situated in Tunbridge, but ad- joined the line of Royalton. Having made Mr. Hutchinson and his brother Abijah prisoners, they plundered the house, crossed the first branch of White river, and proceeded to the dwelling of Robert Havens in Royalton, which was not far dis- tant. Mr. Havens, who had gone into his pasture, becoming aware of danger from the barking of the dogs, and beholding at the same time, a party of Indians entering his house, lay down under a log and escaped their notice. His son, Daniel Havens, and another young man, Thomas Pember, who were in the house when the enemy approached, endeavored to escape by fiight. Havens succeeded in throwing himself over an adjacent hedge, and, being protected by the bushes, crept down the bank of the stream and concealed himself beneath a log, over which the Indians passed a few minutes afterwards, as they pursued with impetuous haste their escaped prey. Coming up with Pember, one of them aimed at him a spear, which, striking him, inflicted a severe wound. He still continued running, but, becoming faint with the loss of blood, was soon overtaken, killed, and scalped. Having selected Mr. Havens's house as a deposit for their bag- gage and a post of observation, a portion of the party were left 17S0.] ATTACK OIJ EOTALTON. 385' there as guards, while the main body again set forth to complete the work of destruction. On their way they overtook EHas But- ton, a young man, who endeavored to avoid them. But th-e Indians — fleet of foot, and savage by the scent of blood — rendered his attempts useless, and his body was left by the roadside, welter- ing in its gore. Advancing silently and with great caution, they next entered the dwelling of Joseph Kneeland, which was about a half mile distant from Havens's. Here they made prisoners of Kneeland and his aged father, also of Simeon Belknap, Giles Gibbs, and Jonathan Brown. Carrying devastation in their train, they finally reached the mouth of White river branch, where they made a stand, and dispatched small parties in differ- ent directions to plunder the dwellings and bring in prisoners. They had ah*eady stolen a number of horses, and, thinking to facilitate operations, they now mounted them, and endeavored to control them by yells and shouts. The horses, unused to such riders, were rendered more and more unmanageable by the frenzied cries of the Indians, and served essentially to impede the execution of their plans. Tlie alarm had now become general, and the frightened inhabitants, flying in every direction, sought such places as might afibrd a refuge from the barbarity of their pursuers. As a detachment of the enemy were passing down the west bank of White river, they were perceived by one of the inhabitants, who immediately gave notice of their ap- proach to Gen. Elias Stevens, who was working in a field about two miles distant from his house.. Unyoking his oxen, he turned them out, and mounting his horse started up the river. He had gone about a mile in the direction of his dwelling, when he was met by Capt. John Parkhurst, who informed him that the Indians were in full pursuit down the river, and counselled him to turn back. Fearing for the safety of his wife and children, yet aware of the imminent danger which threatened himself, Stevens changed his course, and retraced his steps, in company with Parkhurst. On reaching the hoiise of Deacon Daniel Rix, Stevens took Mrs. Eix and two or three children with him on his horse ; Parkhurst performed the same kind office for Mrs. Benton and a number of children, and, with all the care and attention of which the occasion allowed, the party rode off to the field where Stevens, had first received the alarm, being fol- lowed by Deacon Rix and several other persons on foot. On reaching this spot, the women and children were left in charge of a Mr. Burroughs, while Stevens, full of concern for 25 386 HISTORY OF EASTERN VERMONT. [1Y80. his family, again set out for his home. He had gone about half a mile when he discerned the Indians approaching. As they were but a few rods distant, he instantly turned about, and com- ing up with the company he had left, entreated them to take to the woods immediately. Following his advice they were soon concealed in the neighboring thicket, where they remained undiscovered by the foe. Passing down the road a half mile further, Stevens came in sight of the house of his father-in-law, Tilly Parkhurst. Here he found his sister engaged in milking, and entirely unconscious of the approach of the foe. Telling her to " leave her cow immediately or the Indians would have her," he left her to secure her own retreat. By the time he had gained the house, the Indians were not more than eighty or an hundred rods in the rear. Fear had so taken possession of the half-crazed inhabitants that it was impossible to persuade or compel them to take refuge in the woods. Choosing the road, they kept it as well as their terrible fright and exhaustion would allow until they reached the house of Capt. E. Parkhurst in Sharon. Here they halted for a few moments, but their pursu- ers appearing in sight, they were compelled again to push for- ward in order to escape impending destruction. The few horses which the terrified inhabitants had succeeded in securing, could not carry but a small portion of those who had now assembled, and there was but little time for consultation or suggestion. Placing his mother and sister upon his own horse, and Mrs. Rix and her three children on another, Stevens bade them ride on with aU possible speed, while he should follow with several others on foot. Mrs. E. Parkhurst and her children who were left at the house, expected nothing but instant death from the hands of the eneni}'. On their approach, however, having taken her eldest son prisoner, they ordered her and her five children to leave the house. Obeying these commands, she fled to the woods and there remained in safety until the foe had left the place. Soon after Stevens had started with those who were on foot, his dog coming in his way caused him to stumble, and so im- peded his progress that he was obliged to take to the woods to save his life. The Indians pursuing with frightful yells, the unprotected pedestrians who had been so unfortunately de- prived of their protector, soon overtook them. But the enemy were too intent on plunder to be impeded by a great number of captive women and children, and of this company Gardner ITSO.] SETTLERS MADE PRISONERS BY THE INDIANS. 3S7 Rix, a boy about fourteen years old, was alone made prisoner. Approaching the house of Mr. Benedict, and having noticed him on the opposite side of a small stream which flowed near by, the Indians beckoned to him to come over to them. Instead of seconding their wishes, he quietly stole away and secreting himself under a log, remained in safety till the danger had passed. While in this situation, the enemy in pursuit of him were at one time standing on the very log which gave him concealment, and he learned by their conversation that they were resolved to tomahawk him slioukl they find him. After going down the river about forty rods further, and capturing a young man named Avery, they concluded to return. Coming to the house of Tilly Parkhurst, situated about six miles from the place where they entered Royalton, they fired at his son, Phineas, who had just returned from the east side of the river, whither he had been to spread the alarm. The ball entered his back, and passing through his body lodged in the skin in front. Notwithstanding the wound, being able to ride, he pur- sued his course towards Lebanon, New Hampshire, distant sixteen miles, and reached that place in safety, having during the whole journey been obliged to support the ball between his fingers to prevent irritation. The Indians who went down on the east side of the river, having gone as far as the house of Captain Gilbert, in Sha- ron, made captive his nephew, Nathaniel Gilbert, and set out on their return. As they retraced their steps, they fired every building within sight, devastated fields, destroyed cattle, wasted the garnered crops, and spread desolation and destruc- tion with unsparing hand. Daniel Havens — whose escape has been already mentioned — as soon as the savages had gone, ventured from his hiding- place, and coming to the house of General Stevens, gave notice that the Indians were " as thick as the devil," and left the family to their fate. A boy named Daniel "Waller, who lived at the house, hearing that the Indians were coming, started immediately to bear the information to the General, but had proceeded a short distance only when he was met and captured by the foe. Mrs. Stevens, who had received the first intimation of their approach from the terrified Havens, had but just arisen from bed with her infant in her arms, when the third party who had gone up the river entered tlie house. Having searched the dwelling for men, but without success, they car- 888 HISTORY OF EASTERN VERMONT. [1780. ried the beds out of doors, and, cutting them open, threw the feathers in the air and amused themselves by watching their eddying convolutions. After plundering the house, they bade Mrs. Stevens " be gone or they would burn." Glad of an op- portunity to escape, she hastened with her child to the adjacent woods, where she remained until the enemy had left the town. After firing the dwelling and barn they passed up the river as far as Mr. Durkee's, where they took two of his sons, Adam and Andrew, prisoners. Attracted by a smoke, they directed their course towards it, and finding a young man, named Prince Haskell, busily engaged in clearing land for a settlement, added him to the number of their captives. At th« house of Elias Curtis they took him and Peter Mason prisonei's, and commenced the work of plunder. While thus engaged, John Kent rode up to the door, intending to get his horse shod, but had scarcely dismounted when he was seized by the hair of his head and pulled violently over, backwards. A man named Chaftee who was approaching, seeing that Kent had been taken, jumped from his horse, and by pursuing a course which enabled him to use a blacksmith's shop to cover his retreat, efiected his escape. He immediately set out for the house of Mr. Hendee, where he lived, and on reaching it gave notice of the on-coming danger. Hendee, having directed his wife to take her Httle boy about seven years old, and her daughter still younger, and hasten to the house of a neighbor, started to go to Bethel for the purpose of giving the alarm at the fort. Mrs. Hendee had not proceeded far when she was met by a party of Indians who deprived her of her son. Anxious for his fate she asked what they intended to do with him. They told her they should " make a soldier of him," and then hurried him away, while the weeping mother listened to his cries for help, as he vainly endeavored to free himself from ;the grasp of his savage masters. Having returned to the house of Mr. Havens with their prisoners and plunder, they divided the latter between the different members of the party, and, having set fire to the house and barn, started for Canada, between two and three o'clock in the afternoon. Crossing the hills in Tunbridge, lying west of the first branch of White river, they proceeded to Randolph, in which town they encamped on the banks of the second branch of White river, having gone the distance of ten miles. As the attack had been so sudden and unexpected, the 1780.] MEASUKES DEFENSIVE AND OFFENSIVE. 380 iiiliabitants had not only been unable to combine for resistance, but had in many cases, through terrible fear, failed to exert the ordinary means of self-preservation. So many hours had now passed since the first appearance of the Indians, that the alarm had s}>read far and near, and had caused the most intense agi- tation. As the news was borne through the villages that border the banks of the Connecticut, the bold father and the impetu- ous son, the hired laborer and the flourishing farmer, all who could be si:)ared with safety, left their firesides and homes with- out further warning, and marched directly to the scene of plunder and devastation. By evening several hundreds of resolute men had collected at the place where the attack was first commenced, ready to adopt such measures as the emergency demanded. Here a company was organized, and Col. John House, of Hanover, New Hampshire, who had served several campaigns in the continental army, was chosen commander. In the dark- ness of midnight, through a waste wilderness, " guided by a few marked trees amidst the logs, rocks, and hills, with which the country abounded," this undisciplined corps began their march in quest of the savage army. Continuing their pursuit with ardor, they reached the spot where the last houses had been destroyed, and, becoming aware that they were api:>roaching the enemy, proceeded with more caution. The Indians had placed their sentries nearly half a mile in the rear of their encamp- ment, at a spot situated a few rods from the river. Near this spot was a small hill, and by the side of the adjacent path stood a number of large trees behind which were posted the Indian guards. A large log was the only bridge provided for crossing the river, and this served for foot-passengers only. Some of House's men were mounted, others were on foot, and their pre- carious situation at the river rendered it necessary for them to observe the utmost circumspection. Tlie front guard passed the log and the Indian sentries in safety. About one third of the main body had crossed the stream, and the van had arrived within a few yards of the enemy's guards, when they were fired on from behind the trees and one man was wounded.* * The person wounded on this occaBion was Charles Tilden. He was a resi- dent of Dresden, a certain district in New Hampshire, belonging to Dartmouth \ College, which was then known by this name. Among the MSS. in the oflSce of the Secretary of the state of Vermont is a petition for a pension, signed by Charles Tilden, dated January 30th, 1782, in which it is stated, "that on the 390 HISTORY OF EASTERN VERMONT. [1T80. The fire was retui-ned bj the Americans. One of the Indians was killed and two were wounded. The sentries then left their ambush and ran off to the Indian camp, while House's men advanced a little further and then formed themselves within three hundi-ed yards of the enemy's rendezvous and awaited the approach of day. " Great consternation," observes WiUiams, " now prevailed among the savages. Much fatigued, and in a profound slumber after one of their ravenous suppers, the alarm filled them with fear and confusion." But they were not de- ficient in stratagem, nor destitute of policy. Taking one of their prisoners named Kneeland, an aged man, they sent him to the Americans, with the information that the Indians would instantly put all the captives to death, should an attack be made. To Giles Gibbs and Joseph Kneeland the rage of the savages had already proved fatal. The former, exj)ecting that his friends would relieve him and his companions, had refused to march. He was afterwards found with a tomahawk buried deep in his head. The latter was killed and scalped to avenge the death of the Indian who had been shot by the Americans. As soon as the old man, Kneeland, had been sent to the camp of the pursuers, the Indians renewed their flight with the utmost expedition, leaving at their encampment, a large quantity of the plunder, and nearly all the horses they had taken. Having placed their best warriors in the rear to cover their retreat, they crossed White river, early on the morning of the 17th, proceeded up the west bank, and having made prisoner of Zadock Steele, who resided in the north part of Randolph, passed through the west part of Brookfield, and on reaching Berlin encamj)ed on Dog river, not many miles from the place where the capital of the state is now located. To secure the captives more effectually at night, a rope was passed around their bodies as they lay upon the ground, and between each of them and upon the rope was placed an Indian. By this device no two of the prisoners were allowed to lie toge- ther, and attempt at escape was rendered useless. alarm when Royalton was destroyed in October, 1780, he served as a sergeant in the company of militia under the command of Capt. Sam. McClure, in pursuit of the enemy, and being detached with a reconnoitering party fell in with, and was fired on by the enemy's guard, by which he was wounded, by receiving a poisoned ball through his arm, by which he was rendered unable to do any kind of business for two months ; that he was the only person wounded in the party who pursued the enemy on this occasion," &c. 1780.] KETEEAT OF THE MAEAUDEES. 391 Continuing their course down Dog river, the party struck Onion river, along which they passed until they reached Lake Champlain on the 20th. Here the Indians found the batteaux in which they had come on their march to Royalton. Em- barking in these, they with their captives commenced their journey down the Lake, and after stopping at Grand Isle and the Isle aux Noix, reached St. John's on the 22d, having been nearly seven days on the route. On the following day the captives were taken to Caughnawaga, where many of them were temporarily adopted by the Indian families resident at that place. After remaining in this condition for a few weeks, they" were taken to Montreal in the latter part of November, and were there sold to the British as prisoners of war " for a half Joe" each. Of the twenty-five who were carried away, one, Adam Durkee, died while in captivity. Twenty-three were exchanged or redeemed, and returned to their friends dm'ing the ensuing summer. The remaining prisoner, Zadock Steele, after enduring a long confinement and being subjected to many hardships, finally effected his escape, and reached the home of his parents in Ellington, Connecticut, on the ITth of October, 1782, just two years from the day on which he was taken by the Indians at Randolph. After receiving the message from the Indians in which they declared that they would destroy their captives should an attack be attempted ; House and his men determined to abide where they were until morning. It was then discovered that the enemy had left their encampment. I^otwithstanding this discovery, the company marched about five miles further to Brookfield. Finding all things quiet at this place, and judging that pursuit would be useless, they retraced their steps and returned to their homes. In commenting upon the conduct of House and his men, TVilliams observes, they " lost the opportu- nity of attacking the enemy to advantage, by their caution and delay." In his account of the " Burning of Royalton," Steele remarks of House, " had he possessed courage and skill ade- quate to the duties of his station, he might have defeated the enemy, it is thought, without the least difficulty, and made them all prisoners." To one acquainted with the facts as they have been transmitted by those who have written on the subject, these conclusions appear to be far from just. Con- versant with the Indian character ; aware, that to a savage the name of foe is a warrant for any deed of cruelty ; satisfied that 392 HISTORY OF EASTEEN VEEMONT. [ITSO. in the present instance, nothing would be spared by tlie enemy to prevent a defeat in case an attack should be made ; and unwilling that the captives should be sacrificed through any vain desire of his own for a victory, which to say the least, he was not sure of gaining, House refused to lead his men in a contest, whose result would have been the certain murder of twenty-five persons, and, without doubt, the slaughter of many of his own men. We are told that " The better part of valor is— discretion." Judged by this maxim. Col. House at once assumes the character of the prudent soldier. Yiewed in the light of a noble humanity, his conduct appears in the highest degree praiseworthy and magnanimous. Upon a review of the losses of the day, it was found that the Indians had burned one house in Tunbridge, two houses in Sharon, twenty-one in Royalton, several in Randolph, and six- teen new barns variously located, which were filled with hay and grain ; that they had slaughtered about one himdi'ed and fifty head of neat cattle, and all the sheep and swine they could find ; and had destroyed all the household furniture which they could not take with them. As on other occasions, so now, their attachment to devastation and plunder was unabated. Tlie packs with which they laded their captives on their retreat from Eoyalton, were filled with plunder of every kind. Axes, hoes, pots, kettles, shovels, tongs, sickles, scythes, and chains were mingled in almost inextricable confusion ; and the backs of many of the party supported old side-saddles, bed-ticks, warming-pans, plates, looking-glasses, frying-pans, spiders, and many farming implements — as well as household utensils. In their conduct, the Indians in this inroad displayed less of the savage character than is usual on such occasions. As a general rule they were eager to take as captives the young men and those who were in middle life ; but they did not seem desirous either to carry off the women or female children, or to commit violence, except in extraordinary cases. After they had burned the house of John Hutchinson, they evinced a kind of savage satire, by giving his wife a hatchet and a flint, together with a quarter of mutton, and bidding her " go and cook for her men." On reaching the dwelling of Elias Curtis, they broke into his wife's apartment, and having discovered Mrs. 1780.] ad\t:ntures of captives. 393 Curtis wlio had just arisen, for it was yet early morning, one of the Lidians seized her by the throat, and brandishing a large knife was apparently intending to destroy her, when his atten- tion was arrested by a string of gold beads which she wore about her neck. More avaricious than cruel, his knife de- scended only to part the string on which they were collected, and Mi's. Curtis, although no Eomanist, was actually saved by her beads. During the destruction of Eoj^alton, two w^omen who had been aroused from sleep by the appearance of a number of the Lidians, who entered their dwelling in the grey of morning, were so much terrified at the sight, that losing for a time their self-com- mand, they went out of doors, clad only in their night garments, and stood motionless by the side of their dwellings until the In- dians brought them their clothing. Aroused from their stupor of fear by this act of kindness, they put on their apparel, and, taking two or three small children and a young woman wath them, fled to the woods. One woman residing in the western part of the same town, was sufiiciently courageous to reproach the savages for their conduct in distressing females and children, and in a taunting manner, told them, that " if they had the spirits and souls of men," they would cross White river, and attack the fort at Bethel. They bore her remarks with patience, their only reply being, " Squaw should not say too much." After plundering one of the houses, the Indians had carried the pillage and piled it in a heap before the door. As they stood around it, selecting such articles as they liked best, a woman chanced to espy her gown amid the mass, and forthwith took it. Upon this an Indian, who claimed her as his captive, club- bed his gun and knocked her down. Recovering from the effects of the blow, she waited till her master had carried the gown to another heap, and had become engaged in adding to the plunder already collected. She then approached the pile which was surrounded by the savage crowd, and seizing her gown the second time, succeeded in bearing it away, holding at the same time, one child in her arms, and leading another by the hand. Eut the exploits of Mrs. Hendee mark her as the heroine of the occasion. After the attack had been made upon her hus- band's house, she, by his advice, started for a neighboring dwelling with her little boy and girl. While on the road she was met by a party of Indians who took her son, but left her 394 HISTORY OF EASTERN VERMONT. [17S0. daughter with her. Possessing " uncommon resohition, and great presence of mind," she determined to rescue her son from the hands of his captors. Taking her little girl by the hand, she proceeded down the river on foot, until she discovered a large body of Indians stationed on the opposite shore. Wishing to find the officer in command, she set out to cross the river, and was preparing to ford the stream, when she was met by an Indian who by signs asked her whither she was going. Having made known to him her intentions, he in a fit of good humor or gallantry, or perhaps both, offered to take her over on his back. She refused his proposal, but allowed him to carry her child. The little girl protested against this proceeding, declar- ing that " she didn't want to ride the old Indian," but becoming reconciled to her steed, the three entered the water. They had gone nearly half across the stream, when the current be- coming more rapid, the polite Indian in order to reassure Mrs. Hendee, patted her on the shoulder, and signified to her his readiness to assist her to the other side when he had taken her child over, provided she would wait upon a rock near by, whose sui'face was above the water. This time she did not reject his offer. Clambering up on the rock, she there remain- ed until he returned. True to his word he then took her pick- back, and carrying her to the other side, landed her as he had her daughter, in safety. Hastening to Horton, she implored him to restore her child. She was informed that he would not be hurt, but with others would be trained as a soldier. El satisfied with this reply, she continued her pious importunity, until the British lieutenant assured her that he would release him. On the arrival of the company in w^hose charge the boy had been placed, Horton pre- vailed on the Indians to give him up to his mother. Having been successful in this undertaking, she endeavored to procure the release of some of her neighbors' children. At this juncture, she was compelled by the cruel threats and actions of one of the savage party, again to relinquish her son. A second time did she appeal to Horton for aid, and again succeeded in libe- rating her offspring. She now set out on her return, having in her charge her own little girl, and eight boys, whose freedom she had obtained. On reaching the stream, Mrs. Hendee car- ried two of the children across it on her back, one at a time, as she a little while before had been borne by the Indian. Tlie rest forded the river together, their arms being placed around 1Y80.] PRECAUTIONS. 395 each other's necks, that they might the better withstand the force of the current. She was welcomed with great joy on her return, and for many years after lived to receive the oft-repeated thanks of those whose children she had been the instrument of releasing from a captivity whose terrors were akin to the terrors of death. During the succeeding winter, the sufferers by this sad cala- mity, found, a shelter in the homes of their more fortunate neighbors and friends, and experienced a sympathy which was peculiarly grateful to them, when compared with the treatment they had received from the savage foe.* Warned by the destruction of Royalton, the inhabitants of Cumberland county assembled in their respective towns to take measures for the promotion of the common safety, and the more effectual protection of the settlements. The result of these meetings was an understanding that every able-bodied man should hold himself in readiness at a minute's warning, both for particular and general defence. In the midst of these proceedings the community were alarmed by reports of the presence of hostile bands of Indians within the state. An excellent opportunity was now afforded for the exercise of that activity which had been declared essential to the safety of life aud property. Not confined to the locality at which it began, the alarm pervaded the southern part of the county, and was the most extensive panic experienced in Vermont during the war. The last day of October was glorious in autumnal beauties, and the bright sun, as he pursued his way through the cloudless heavens, glanced at the dying leaves of the ended summer, and tinged theii* changing forms with the hues of the rainbow.f Favored by the weather, a party of gentlemen were engaged in * In a little work entitled " The Indian Captive ; or a Narrative of the Cap- tivity and Sufferings of Zadock Steele," printed at Montpelier, in 1818, the hard- ships of one of the prisoners taken at the burning of Royalton, during a con- finement of two years, are described by himself in a quaint and entertaining manner. From " An Account of the Burning ^f Royalton" prefixed to this "Narrative," many of the facts stated in the text, have been taken. Frequent reference has also been had to Williams's Hist. Vt., Ed. 2d, ii. 235-242. •j- Thompson says, in one account, that this alarm occurred " a few days after the burning of Royalton;" in another, "on the 25th of November," and in a third, " on the eve of the last day of October," and in a note calls attention to a discrepancy in the dates. The date in the text rests on the authority of the researches of the Rev. Ephraim H. Newton, embodied in his MS. " History of the Town of Marlborough." 396 UISTOEY OF EASTEKN YEEMONT. [1780. surveying the lands whicli border the margin of Grassy Brook, in the town of Brookline. While thus occupied, they were seen by some sportsmen who were hunting on Putney " West Hill." One of the latter, named Reed, who had often boasted of his ability to imitate the Indian war-whoop, took this occasion to display his peculiar vocal powers, and substantiated his vaunt by giving and repeating again and again the shi-iek of the savage, with an accuracy terrible as reality. Startled by the fearful sound, the surveyors collected their instruments, and made a precipitate retreat, announcing the approach of the Indians to all whom they met. Two men who were cutting wood in a remote part of the town of Athens, heard the shrill cries, and, imagining them to be the yeUs of Indians, quitted their work, and with true benevolence spread the alarm in all directions. The dread of the savage foe and the recollection of the fearful scenes which had been so lately witnessed gave rise to the most awful apprehensions. The idea of awaiting the appearance of the enemy was not for a moment entertained. To prepare for defence was deemed useless. Flight presented the only means of safety, and this means was instantly adopted by all who received the terrible tidings. The cattle were left in the stalls, dwellings were deserted, and the last look was taken at homes which, it was supposed, were never again to be recognised save in the ashes of their ruin. Women with their infant children mounted the few horses that were to be had, and rode off with desperate speed, leaving those who were more hardy to follow on foot. So frightful was the panic, that in some instances teams were left harnessed in the fields, ovens which were being heated were allowed to grow cool at leisure, and victuals which were being cooked were permitted to take their chances at the blazing hearthstones.* As the terrified inhabit- ants hastened their perilous fiight, dangers seemed to thicken around them, and " to their bewildered imaginations every noise became the yell of the savage, and every rock and every tree of the forest a lurking place for the cruel foe." During the pleasant day the " industrious inhabitants " of Newfane had been busily engaged in clearing land, and collecting in piles the brushwood and old logs, to be burned. As evening came on, lowering clouds began to gather, and soon the snow * " Jonathan Perham and family decamped in such haste that they left their oven heating and their oxen tied to a tree." Thompson's Vt., Part III. p. G. 1780.] A FALSE ALAHM. 397 commenced falling. The opportunity was favorable for com- pleting the day's work successfully. The huge heaps were fired, and the diligent farmers heard with satisfaction the crackling of the dry boughs, and watched with pleasure the brilliant masses of light which flamed upward amid the thick black smoke. The fugitives from the supposed enemy, as they turned for a mo- ment in their distressing flight, and gazed at the strange fires, which, seen through the falling snow, glared with unnatural and baleful splendor, were now convinced that the Indians had pillaged the deserted dwellings, and wrapped them in one common con- flagration. The report was spread through the neighboring towns that " every log house in the pleasant vales and upon the heights of Newfane" and Athens had been destroyed, and the fearful question followed as to where the next blow would fall. In the more distant towns watches were set, dwellings were guarded, firelocks were loaded, ammunition was prepared, and means of escape were provided in case defence should fail. Sleep was a stranger to every eye, and the whole night was spent in expectation of the approach of the merciless foe. The alarm having reached Dummerston, Captain Myrick sent a letter by express to Colonel Sargeants of Brattleborough, with the information that the enemy had reached Newfane. The energetic Colonel gave immediate notice to Mr. Stockwell, who resided in the eastern part of Marlborough, to call out the towli militia for the purpose of repulsing the Tories and Indians. On the 1st of November, general orders were issued for the soldiers to rendezvous, and for the families to avoid the enemy as best they could. Companies from Westminster, Brattleborough, and Marlborough, were soon en route for the place whence the alarm had proceeded. The snow which had fallen during the night now lay deep upon the ground, and the trees were so heavily laden as to bend in every direction. Having gone three miles on the road to Newfane, .the soldiers became satisfied that neither Tories nor Indians could so far surmount the obstruc- tions which nature was so bountifully providing, as to extend their ravages, and forthwith returned home. Meanwhile com- panies from Halifax and from Colrain in Massachusetts, had assembled at Brattleborough, but, owing to the disbelief which began now to prevail in regard to the presence of the enemy, they proceeded no further. Others who had set out from points nearer to the supposed scene of terror, marched into a deserted town, and entered forsaken but unharmed houses, having found 398 HISTORY OF EASTERN VERMONT. [1780. notliing to hinder their advance save the deepening snows of a Vermont winter. The alarm reached Marlborough in the afternoon of the day on which it began. ISTotwithstanding the severity of the storm, women and children left their houses, assembled near the centre of the town, and commenced their march south, headed by their pastor, the Rev. Gershom C. Lyman and his friend Col. Zadock Granger. Tlieir progress was slow, and after advancing a few miles they were obliged to stop and obtain shelter for the night. Tliose from Athens who had fled east had received accessions to their number in their journey, and on reaching Putney, their party amounted to between two hundred and three hundred. Some of the sick and infirm had been brought a short distance, but the desire of personal safety had mastered the virtue of self-sacrifice, and they had been left at places which afforded shelter, and where they might, it was hoped, escape the notice of the foe. Having reached Westmoreland on the east bank of the Connecticut, the wearied and terror-stricken fugitives halted. On their way thither, they had paused for a moment at the dwelling of Noah Sabin Sen., in Putney, and had found him quietly engaged in his accustomed avocations. To him they re- lated their tale of terror, but he discredited the story which they told and refused to be frightened by what he deemed improbable. E^er since the time when, as judge by the authority of the King, Mr. Sabin at the fatal occurrence of the " Westminster Mas- sacre," had refused to act any other part than that which became a loyal subject of Great Britain, he had been considered an avowed adherent to the New York jurisdiction, and had been regarded by many as a supporter of the royal cause. His digni- fied calmness on an occasion like this, when fear gave wings to flight, aroused the suspicions of the fugitives. He was forthwith denounced as a friend of the national enemy, and the belief prevailed that a secret understanding existed between him and the Indians. Many were the curses which were heaped upon him as the angiy multitude pressed onward to escape the dreaded foe and the man whom they now deemed no better than a Tory. When the intelligence of the following day had dissipated their terrors, preparations were made for a return, but the snow of the night previous had blocked up the roads, which at the best were but poor, and had rendered them almost impassable. Overcome with toil and exposure, many of the sufferers were invited to enter the hospitable mansion of him who a few 1780.] GENEROSITY OF NOAH SABIN SEN. 399 hours before had been the object of their bitterest invective and abuse. Here they were furnished with food and clothing, and in other ways received such assistance as their necessities re- quired. The effect of this kind treatment was to remove from the minds of all every idea of treachery on the part of Judge Sabin, and, though he might still favor the jurisdiction of New York upon the " Grants," he was never again accused of up- holding the cause of Great Britain. The " brave soldiery " of Marlborough, when the alarm was proved groundless, "with undaunted courage pursued their wives and children," as the reverend chronicler, Mr, Newton, quaintly observes, " and bringing them in triumph as the fairest achievements and no- blest trophies of victory, took possession of their dwellings, and exchanged the pursuits of war for the sweet enjoyments of do- mestic peace."* * Thompson's Vt. Part II. pp. 10,11: Part III. pp. 6, 111, M& Hist. Marlbo- rough. CHAPTEE XV. ENEMIES WITHIN AND WITHOUT. Attempts to unite in one District the territory in New Hampshire and Vermont bordering the Connecticut — Convention at Charlestown— Eastern and Western Unions — Cumberland and Bennington Counties divided — Boundaries of Wind- ham, Windsor and Orange Counties — The County of Washington — Gen. Jacob Bailey — Col. Thomas Johnson — Johnson taken at Peacham — Sufferings of Jonathan Elkins — ^Treatment of Johnson — Alarm at Newbury — Elections in Windham County — Dissatisfaction of the Patriots of Rockingham with the Offi- cei-s elected — Their Petition — Remonstrance from Dummerston — Law against Defamation — Alarm at Bethel — The "Hazen Road" — The Canada Negotiations — Popular Surmises — Opinions delivered in Conversations — Gov. Clinton writes for information — Seth Smith indicted for Treason — Citizens of Guilford address Gov. Clinton — The " Representation " of the New York Party — Proceedings in Congress, and in the New York Legislature — Smith discharged from his Indict- ment — Attempts to effect a settlement of Difficulties — Remonstrance from three of the southern Towns in Windham County to the New York Legislature — Convention of the same Towns — Vermont Militia Law — The Republic of Guil- ford — The Constancy of its Citizens to the interests of New York — William Shattuck — The Triumph of the Yorkers, FAiLmG in their efforts to obtain assistance either at home or on the floor of Congress in resisting the demands of Vermont, the inhabitants of Cumberland comity who owed allegiance to New York were now ready to adopt other measures for ensuring their personal and political safety. By a resolution of Congress passed on the 27th of September, 1780, the further consideration of the question respecting the jurisdiction of the New Hamp- shire Grants had been postponed ; and the prospect of a settle- ment seemed, after the discussions of many months, to be no nearer than at the outset. At this juncture a majority of the inhabitants of the towns in the western portion of New Hamp- shire, expressed a wish to be received into union with Vermont. A proposition for the establishment of a jurisdiction of another character, was at the same time promulged by the New York adherents residing in Cumberland and Gloucester counties, and 1780.] CONVENTION AT CHARLESTOWN. 401 a convention of town committees from the former county was called on the olst of October. On this occasion Lnke Knowlton, Hilkiah Grout, Oliver Lovell, Ool. John Sargeants, Micah Town- send, Maj. Jonathan Hunt, Simon Stevens, Charles Phelps, Ben- jamin Henry, James Clay, Maj. Elkanah Day, Thomas Cutler and Barzillai Rice, were appointed a committee to take into consi- deration the feasibility of a new government, and to meet such persons as should be authorized to consult upon the same question by a convention or conmiittee of the j)eople of Gloucester county on the west, and Grafton county on the east side of Connecticut river. The design of Cumberland county in these proceedings, was " to devise and cany into execution such measures " as should be deemed best calculated " to unite in one political body all the inhabitants from Mason's grant on the east to the height of land on the west side the said river." The idea thus brought forward of establishing the western line of a new district at the ridge of the Green Mountains, manifested clearly the unwilling- ness of the New York adherents to acknowledge the jurisdiction of Vermont, provided they could ensure their own safety in any other way.'^ Delegations from three counties having by previous agree- ment met on the 8tli of November, at Charlestown, New Hampshire, measures were taken to learn the sentiments of the inhabitants residing in the towns included in the district which it was proposed to establish. Until the result of this inquiry should be declared, ultimate action was postponed. Desirous of engaging in the union, the to-svns in the county of Cheshire, New Hampshire, sent delegates to a meeting which was held at "Walpole, on the 15tli of November. On this occasion a commit- tee of five were appointed to confer with gentlemen from any of the towns on the "Grants" on the subject of establishing the jurisdiction of that district. The result was a general meeting of representatives from the counties of Cumberland, Gloucester, Cheshire and Grafton. The project of a union of the towns bordering the Connecticut, in Yermont and New Hampshire, was freely discussed, and various arguments were alleged in support of the right to establish the territory designated, as a separate and independent state. Tliat time might be given for reflection, and that the people — the source of power — might be consulted before any decisive step should be taken, letters were * Slade'sVt. State Papers, pp. 122, 123, 124. Journals of Am. Congress, Sept. I2th-27th, 1780. Pingry MSS. 26 ■i02 HISTORY OF EASTERN VERMONT. [17S1. sent from tliis meeting of the counties, inviting the attendance of representatives from all the towns interested, at a convention to be held at Charlestown on the thirdTuesday of January, 1781.* On organizing the convention which assembled in pursuance (if this call, it was found that there were present, representatives from forty-three towns. The primary object of the assembly was declared to be, the formation of a union of the whole of the •'Grants," consolidated upon such principles as the majority should think best. A committee of twelve from the counties of Cumberland, Gloucester, Grafton and Cheshire were appointed to confer with the General Assembly of Yermont at their next ses- sion on the subject of this union, and a declaration of the views of the convention in regard to the propriety and legality of the proposed measures, was at the same time drawn up and publish- ed. The proceedings of the convention were not, however, unani- mous, the members from eight New Hampshire towns entering their protest against them. During the two following months, extraordinary efforts were made to effect the consolidation, and on the Gth of April, thirty-five representatives, from as many towns in the western part of New Hampshire, took their seats in the General Assembly of the state of Yermont. In addition to the terms agreed to by the New Hampshire towns and the state of Yermont in view of this union, it was settled in regard to the towns in Cumberland and Gloucester counties which should join in the consolidation, that a general and full act of oblivion should be passed by the Legislature of Yermont in behalf of those persons who, on the 1st of October, 1780, although residing in Yermont were avowed subjects of New York ; that all judg- ments against them for fines and forfeitures on account of their opposition to the authority of Yermont should be annulled ; that no j udgments should be hereafter rendered against them for any state offences committed before the time above specified ; and that no civil suits should be hereafter maintained against them for trespasses perpetrated previous to the time aforesaid. The representation from Cumberland and Gloucester counties in the Yermont Legislature was not increased in consequence of the consolidation. The only immediate effect of the proceeding, in Eastern Yermont, was to beget a more kindly feeling towards the self-created state, in the minds of those who were almost ready to refuse any longer to yield allegiance to New York. * Slade's Yt. State Papers, pp. 126, Ul. 1781.] THE "unions." 403 Soon after the completion of the Eastern Union, as it was called, some of the inhabi rants residing in that part of New York situated north of a line drawn west as far as Hudson river, in continuation of the northern boundary of Massachusetts, and between Hudson river and the western boundary of Vermont, who had asked to be admitted within the limits of Yermont, received an answer favorable to their petition. On the 16th of June representatives from ten towns took their places in the Assembly of Yermont, and the Western Union was declared a constituent portion of the state. During the few months that these Unions were considered as a part of Yermont, they were a source of continual trouble and expense. Happy was the hour, when on the 23d of February, 1YS2, the unfortunate connections were dissolved, and the revolted districts were left free to return to their right and naturaj jurisdictions.* Another important act of the February session, was the sub- division of the counties of Cumberland and Bennington. Since March, 17Y8, the former on the east and the latter on the west side of the Green Mountains, had comprised within their com- bined limits the whole state. On the 16th of February, Cumber- land was divided into three counties. To Windham county on tlie south were assigned limits which, with the exception of a few changes on the western line, are the same as at present. A similar qualification being made in respect to the western line of Windsor county, the same statement may be made with regard to its limits as then constituted, and as now preserved. Orange county comprised all the land lying betw^een the north line of Windsor county and the forty-fit\h parallel of north lati- tude, and extended from Connecticut river on the east to a line commencing at a point near Lake Memphramagog, fifty miles from the centre of the " deepest channel " of Lake Champlain ; and running thence south to the noi-th-east corner of the town of Worcester ; thence south on the east lines of the town of Worces- ter, Middlesex, and Berlin, to the south-east corner of the latter town ; thence on a straight line to the north-west corner of Tun- bridge ; thence on the west line of Tunbridge to the south-west cor- ner of that town, at which place it struck the north boundary of Windsor county. To attempt to describe accurately the alterations which were continually made in the county lines which stretched * Slade's Vt. State Papers, pp. 128-141, 169. Papers relating to Vt. Contro yersy, in office See. State N.Y., p. 36. 404 HISTOKT OF EA8TEKN VERMONT. [ITSI. through the length of the state, now on the western, anon on the eastern slope of the Green Mountains, and sometimes on its very ridge, would be to undertake a task as diiBcult as it would prove practically useless. As has been already remarked, the more mountainous portions of the state were for years unsettled, and for this reason a description of them would add no value to an historical narration. On account of the addition of the Eastern Union, Orange and Windsor counties were temporarily enlarged. By an act of the General Assembly, passed in April, 1781, all the lands within Yermonton the east side of Connecticut river, " lying and being opposite the county of Orange," were annexed to that county. With the county of Windsor was incorporated the new territory on the opposite side of the river, south of that which had been added to Orange county, and north of the north lines of the towns ot Claremont, Newport, Unity and Wendall. The remaining district, situated to the south of these towns, was erected into a county by the name of Washington. When in the beginning of the next year the Eastern Union was dissolved, the counties resumed the limits which had been assigned them previous to the consolidation.* During the whole of the war of the revolution, Vermont, especially the eastern section, was but rarely subjected to extended or disastrous incursions of the English or their Cana- dian allies. Very often, however, scouting parties would enter houses under cover of night, either for the purpose of plunder, or of taking some American whose strenuous opposition to the King of Great Britain had marked him as a dangerous per- son. Among those who had long been noted as zealous patriots. Gen. Jacob Bayley and Col. Thomas Johnson of Newbury were preeminent. The former not only possessed great influence with his own countrymen, but was regarded by the neighboring Indians as a father. Serving as quarter-master-general for the troops stationed at and about Newbury, he never failed to engage m any honorable enterprise which might serve to advance the interests of the common cause. A large reward was offered by the British for his person. Many were the plans * Journals General Assembly, Vt. Slade's Vt. State Papers, p. 42Y. On the 19th of February, 1 7 8 1 , by an act of the General Assembly, Windham county was divided into half-shires, called respectively Westminster and Marlborough, and the courts ■were held alternately in the shire-towns of the same name. Windsor county was constituted a shire by itself, and the town of Windsor was the shire-town. In Orange county, the shire-towns of Thetford and Norwich were situated within the half-shires of the same name. ITSl.] CAPTTKE OF COL. THOMAS JOHNSON. 405 arranged for his capture, and equally numerous were the fail- ures of the attempts made to take him. Col. Johnson was also a man whose influence upon the circle in which he moved, was such as to excite the fears of the enemy. By order of Gen. Lincoln, he, at the head of a volunteer company, had in Septem- ber, 1777, proceeded towards Ticonderoga for the purpose of diverting the attention of the enemy, while Colonel Brown was engaged in releasing the American prisoners at Lake George. ISTot only did he succeed in this undertaking, but in connection with others, assisted in recovering many important stations on Lake Champlain, in liberating more than one hundred Ameri- cans, and in capturing two hundred and ninety-three of the enemy. Of these prisoners, a hundred had been placed in his charge. Instead of securing them near the Lake, he had marched them back into the country M''here they would not be liable to be retaken, and where provisions could be more readily obtained. By this and other acts Col. Johnson had greatly troubled the British, who now eagerly sought for an opportunity to make him their prisoner. He succeeded, how- ever, in eluding their vigilance until the spring of 1781, when he was taken in the following manner. Having contracted to erect a grist-mill in the town of Pea- cham, situated fifteen miles northwest of Newbury, Col. Johnson set out from the latter place on the 5th of March, 1781, taking with him two mill-stones. Owing to the lameness of his oxen, and a temporary illness with which he was affected, he was occupied three days in performing the journey. On reaching Peacham he stopped at the house of Deacon Jonathan Elkins. Being awakened on the morning of the 8th, between twelve and one o'clock, he arose and found the house surrounded by a party of the British, consisting of eleven men including Capt. Pritchard the commander. His first impulse was to draw on his stockings, clear the window, and run. But, before he could accomplish this object, the muzzles of two guns were brought in unpleasant proximity to his person, and he was claimed by two men as their prisoner. Surrendering himself as such, and having promised to give his captors no trouble, he was permit- ted to accompany them without being bound. Jonathan and Moses Elkins, sons of the Deacon, and Jacob Page were also made captives, but by the intercession of Johnson, who dis- covered among the British two " old acquaintances," Moses, who was feeble in body, was permitted to return after he had pro- 406 HISTOKT OF EASTERN YEKMOXT. [ITSI. ceeded about eight miles. Taking in tlieir course Lamoille river. Grand Isle, Point au Fer, and L' isle au Xoix, tlie party readied St. John's on the 13th, after a journey of six days. Page was immediately sent on to Montreal, but of his after life, if he was permitted to live, nothing is known, Jonathan, then a youth, known afterwards as Col. Elkins, was imprisoned at Quebec, and after enduring for eight months the most grievous privations, was sent to England with one hundred and fifty others. During the voyage the prisoners were distri- buted throughout the fleet with which they sailed, and were obliged to do duty. On arriving at Plymouth, Elkins and his fellow-sufferers were confined in the old Mill prison, and there remained from the 9th of February, 1782, until the 24th of June following. During this period they were allowed only two- thirds the rations of common soldiers, and most of them were miserably clad. Having been informed of their condition. Dr. Franklin, who was then the American minister at France, sent to each prisoner, one shilling sterling per week, which gift was of great service in relieving the misery of their condition."^ E-eferring to this noble act, and the good results which followed it, Col. Elkins wrote : — " There were among us forty captains of vessels, and many others who had some learning ; and when we got our shilling a week from Dr, Franklin, it was proposed that we, who had no learning, should pay four coppers a week for schooling, and soon many schools were opened. Among the rest, I procured paper, pen and ink, and a slate, and paid my four coppers a week for tuition. By this means, many who could neither read nor write got so much learning, that they were capable of transacting business for themselves, and a num- ber of us learned the mariner's art, so as to be capable of navi- gating a ship," This confinement having been brought to an end by an exchange of the American prisoners for the captured troops of Cornwallis, one thousand seven hundred and thirty- tliree of the former were put on board a cartel and sent back to the United States. Among this number was young Elkins, who afterwards returned to his home in Peacham. The treatment which Johnson received dm'ing his captivity, was far different from that experienced by his unfortunate friend, Elkins. He was regarded by the British as a man who might * This circumstance is mentioned in the " Memoirs of Andrew Sherburne " in connection with an account of the old Mill prison, pp. 78-96. 1781.] ADVENTUKES OF JOimSON DFKING CAPTIYITT. 407 be of great service to tliein, provided he could be induced to re- nounce liis allegiance to the United States. For the purpose of leading him to take this step, he was allowed many privi- leges not often granted to prisoners, and was treated with great urbanity and kindness. While at St. John's, he was allowed a camp parole, and was permitted to live with Capt. Sherwood, a gentleman noted for the humanity which he uniformly display- ed towards those whom the fortune of war placed in his power. !N^otwithstanding the attentions which he received, his quarters were often shifted from St. John's to Montreal, from Montreal to Chambly, and from Chambly to Tliree Rivers. At each of these places, he was interrogated by different officers as to the " views and feelings of the inhabitants of the ' Grants,' " and as to his own opinions of the prospects of the colonies. Careful and guarded in his answers, he spoke with apparent careless- ness of the American cause, but never divulged anything which would be of advantage to the enemy or detrimental to his friends. He afterwards ascertained that his answers were noted by those with whom he conversed, and sent to the commander for comparison and inspection. On one occasion, a young officer, in whose charge he had been placed, had been drinking too freely, and had left a letter exposed, which Johnson took the liberty to peruse. It was from a person high in command, and expressed a hope that the young officer was possessed of " too much sense and intelligence to be imposed upon by the prisoner." Knowing from this, and other circumstances, that his words, as well as actions, were the sub- ject of critical examination, Johnson resolved to affect an in- difference towards the American cause, trusting that the result would prove personally beneficial. In this he was not disap- pointed. Having been detained a prisoner for seven months, he was finally released on parole, on the 5th of October, having /first signed an instrument in which he pledged his " faith and word of honor" to Gen. Haldimand that he would " not do or say any thing contrary to his Majesty's interest or government;" and that, whenever required so to do, he would repair to what- ever place should be designated by proper authority, and would tliere remain until legally exchanged. After his return to his family at Newbury, he would, now and then, receive letters from his friends in Canada, but was never ordered to change his resi- dence or to surrender his parole. He freely communicated his views to Gen. Washington in regard to the negotiations which, 408 HISTORY OF EASTERN VERMONT. [1781. for a time, were carried on between the British in Canada and the principal men in Vermont, and although mistaken in his conclusions that the state was to become a British province, proved himself a true patriot by the jealousy with which he re- garded an intercourse which, to all but those concerned in it o wore the aspect of contemplated, if not of incipient, or nearly consummated treason. His unpleasant connection with the enemy continued in force by virtue of the agreement he had signed, until the 20th of January, 1783, when the treaty of peace released him from his parole of honor, at the same time that it gave independence to the United States.* On the 16th of March, a few days after the capture of John- son and his friends, another alarm was experienced at New- bury, the cause and character of which are not known. It was sufficient, however, to excite the apprehensions of Gen. Bayley, who immediately ordered the militia from the adjacent towns to march to the place threatened by invasion. The only re- cords of the affair which are known to exist are the pay-rolls. From these it appears that eighteen men from Westminster, belonging to the companies of Capts. Jesse Burk and Michael Gilson, but commanded by the former, " marched in the alarm" at Newbury, fifteen miles towards that place and returned, hav- ing been for three days in service ; that Capt. John Mercy of Windsor, led twenty-eight of his townsmen twenty-one miles on the same errand and then returned, after an absence of three days; and that a company of nineteen men, headed by the fiercely-named Samuel Stow Savage, performed a journey simi- lar in all respects to the last, and brought his gallant followers in safety to their homes, f Tlie necessity of establishing the internal government of Yer- mout on a firm basis had been deeply felt at the February ses- sion of the General Assembly. In order to secure, in part, this desired result, the times and places for holding the county elections had been selected and ratified by legislative enact- ment, and notified to the most important towns. At this time there resided in Windham county a number of gentlemen of ability, who, previous to the year 1775, had been connected either as judges, lawyers, or in some subordinate capacity, with the established courts. When the power of the King had been * Powers's Coos Country, pp. 193-216. Thompson's Vt., Part m. p. 137. f MS. Muster-Rolls, etc. 1781.] DISSATISFACTION AT KOCKINGHAM. 409 declared a niiUitj, these gentlemen still retaining tlieir loyal feelings, had retired from the struggle which ensued, and during the six years that followed had, from their seclusion, observed with interest the changes which day by day gave a new aspect to the political affairs not only of their immediate neighbor- hood, but of the whole United States. The time had now come when these men must decide between " the King and the Con- gress," as the phrase of the times was. Aware that their men- tal attainments would give them a place in the new govern- ment, and viewing the condition of royalty as doubtful and desperate, they declared their willingness to embrace the cause of America, and avowed their allegiance to the state of Yer- mont. At the elections which were held on the 27tli of March, several of these gentlemen were elected to the highest and most important offices of the county. When the result was made known, great indignation was felt by those who from the begin- ning had resisted the encroachments of Great Britain, and who now beheld men who had for years remained neutral raised to office, and placed in positions which were justly due to those who had suffered in, and sustained the now triumphing cause. Among the people of Rockingham this feeling of dissatisfac- tion was manifested in terms most significant. Many of the inhabitants of that town had been at "Westminster on the night of the memorable " massacre," or on the day succeeding that event, and had there become penetrated with aversion to any- thing which bore the insignium of the Crown, and to any per- son who derived authority from it. Although illiterate men, yet they could not acknowledge that to be justice which should grant favors to him who but yesterday had sworn allegiance to America, while it neglected the brave soldier who six years ago had taken his place with eagerness and enthusiasm, among the handful whom King George denounced as rebels. Influenced by these feelings, they drew up a petition on the 9th of April, addressed to Governor Chittenden and to the Council of the state, remonstrating against the election to office of the " friends to Ministerial Tirrany and Usurpation," who until within a few days had been the " a Yowed Enemies to all authority save that Derived from the Crown of Great Britton," and the " known Enemies to this and the United States of America." " If there is proof wanted of this," they continued, " we will bring in their being active in and accessory to the shedding the first Blood that was shed in America to support Brittanic Government, at 4:10 niSTORT OF EASTERN VERMONT. [ITSI. the Horrid and IS'ever to be for Got Massacre Committed at Westminster Cortt House on the Night of the 13th of March, 1775." Tliey further declared that they could perceive no dif- ference " between being hailed to Great Britton for Trjal or being Trjed by these Tools amongst our Selves," and asked for a new election, or for the retention of the commissions of ]*^oah Sabin Jr., as judge of probate ; of John Bridgman, Luke Knowlton, and Benjamin Burt, as judges of the county court; of Oliver Lovell and Elias Olcott as justices of the peace ; and of Jonathan Hunt, as high sheriiF, in order that the petitioners might have an opportunity " to Enter a proper Impeachment and prove that Said persons are Not onely Disquallefied for hold- ing any public Station By their own bad Conduct but Cannott be freemen of the State of Vermont by the Constitution thereof." To this paper were appended about fifty signatures written in scrawls, as ragged as the composition of the document was unique. On the 12th of April, and before the presentation of the Rockingham petition, a remonstrance similar in import, signed by Leonard Spaulding and a number of the inhabitants of Dum- merston and the neighboring towns, was brought before the Council for immediate consideration. The request contained in this instrument was answered in part, and the commissions of jSToah Sabin Jr., as judge of probate, and of Samuel Knight, as a justice of the peace, were withheld for the present. The Ilock- iugham petition was considered on the 16th of April, but the Council refused to accede to the wishes of the petitioners and the subject was dismissed. At the fall session of the Legislature in the same year, the case of Sabin and Knight was reviewed, and their election was confirmed on the 25th of October by regularly executed commissions. Although there was still a lingering suspicion in the minds of many as to the patriotism of several of the county officers, yet their conduct was without fault, and their duties were performed agreeable to the wishes of the most loyal supporters of the American cause.* In enforcing tlie laws of the state, the courts sometimes expe- rienced difficulties by reason of the nature of the oflences which they were required to notice. By a statute passed in February, 1779, it had been enacted that whoever should defame " any court of justice, or the sentence or proceedings of the same ; or * IMS. Remonstrance, Council Records, &c. IT SI.] ALARM OF THE NOKTHEEN TOWNS. 411 any of the magistrates, judges, or justices of any such court, in respect of any act or sentence therein passed," should, on con- viction, be punished by fine, imprisonment, disfranchisement, or banishment at the discretion of the court. Wholly disregarding this law and its denunciations, Nathaniel Bennet of Tomlinson, now Grafton, " did, on or about " the 1st of August, while at Athens, " utter and publish these false and defamatory w^ords " in i-elation to Seth Oaks, a justice of the peace: — "He has given a damned judgment against me, and he has perjured himself; and deserves to be whipped damnably." Complaint having been made against him by Stephen R. Bradley, the attorney for the state, he was arrested on an order from the Superior court, and was brought before that body on the 6th of September, while in session at "Westminster. Owing to an apparent reluctance, as it would seem, to try the pri- soner at that time, he was admitted to bail, and the cause was put over until the session in January, 1Y82. It was then carried forward to the June term, on which occasion it was again postponed. The defendant was subsequently ordered to appear at the session in February, 1783, but failing to be present he forfeited his bail bond. No further proceedings were taken in the matter.* As has been alread}^ observed, the easy access to the settle- ments, afforded by the unprotected condition of the frontiers, was the cause of continual alarms to the northern towns. The anticipation of an irruption from Canada, or of an attack of some nature, induced Capt. John Benjamin, the commandant of the fort at Bethel, to seek assistance from the neighboring militia, early in August, 1781. In obedience to this application, Capt. Bartholomew Durkee, on the 10th of that month, and at the head of twenty-five of the stout men of Pomfret, marched to his aid, and was joined by Capt. Elkanah Sprague with five men from Hartford. The readiness of the soldiers to fight seems, however, to have been tlie only method by which they were permitted to evince their bravery on this occasion. The sole record of the expedition which remains, is that which preserves the names of the militia, the number of miles they travelled and the days they were ab- sent on service. But the fortunate issue of this alarm was coun- terbalanced by an event which happened in the following month. * MS. Court Records. 412 HISTORY OF EASTERN VERMONT. [1781. During tlie summer, Capt. Nehemiali Lovewell was stationed with his company at Peacham. The " Hazen Road" as it was called, which had been commenced by Gen. Bayley, in 1T76, and completed by Gen. Hazen in 1779, began at Peacham and extended through the present towns of Cabot, "VYalden, Hard- wick, Greensborough, Craftsbury, Albany, and Lowell. Up this road, Lovewell sent a scout of four men, during the month of September, for the purpose of ascertaining the locaHty of the enemy. While on the route, they were ambushed and fired upon by the Indians. Two of the party were killed and scalp- ed, the other two were captured ; and on the tenth day after they left Peacham, were prisoners in Quebec with Colonel Elkius,who had been carried away in the preceding spring. This was the last of the depredations by which the inhabitants of the eastern settlements were disturbed during the year.* Although the frequent incursions of the Lidians and Tories had kept the people on both sides of the Green Mountains in a state of perpetual alarm, yet the Canada negotiations and the delays in Congress in the adjustment of the jurisdictional rights of the different claimants to the " Grants," were the cause of anticipations more gloomy than the sad realities of the present hour. Among the majority of the inhabitants, so little was known concerning the relations existing between the govern- ment of Yermont and the British, that the most exti-avagant surmises were promulged by those who, in other matters, were esteemed for their prudence. Stories which, at any other time, would have been discredited without hesitation, were repeated with additions and exaggeration, and received as the truth. Wliatever may have been the opinion of Washington and his advisers as to the course pursued by the leading men in Ver- mont during this period of doubt and danger, there is now no question that the secrecy with which the negotiations with the enemy were conducted, notwithstanding the evil reports which were caused thereby, was the safest method which could have been adopted. Vermont — claimed by New York, regarded with hatred and fear by New Hampshire, suspected of treason by Congress, and eagerly watched by Canada, — held a situation so peculiarly delicate, that one false step might have destroyed all the plans of her protectors, and rendered vain her hopes of existence as a separate and independent state. In the minds of * MS. Muster Rolls. Thompson's Vt, Part HI. p. 13Y. 1781.] UNPATKIOTIC SENTIMENTS. 413 many, the distrust evinced towards Congress was far greater than the fear of subjection to British dominion. To such an ex- tent did this distrust prevail, that not a few among those who represented Vermont in her own Legislature, regarded with evi- dent satisfaction the idea of becoming allegiant to the Crown. From the language held by men who, although violent in their expressions, were still the exponents of the views of a large class of the community in which they resided, a more definite idea may be gained of the ideas which, at this time, prevailed. In a conversation which took place at Brattleborough, during the month of May, between Col, Samuel "Wells, who had been one of the royal judges in Cumberland county, for many years an adherent to ISTew York, and afterwards a representative in the Assembly of Yermont — in a conversation which took place between him and Elijah Prouty, the latter having observed that in his opinion, " the state would not stand a state," Wells re- plied, that he was mistaken, that Yermont would continue a state because it w^as established a state by the King of Great Britain, and further declared, that in case the United States should levy war against it, it " could be supported by 10,000 or 15,000 troops out of Canada." Similar to this, was the assertion of Capt. Oliver Cooke who, in the month of July, assured a friend, that Yermont was a state, and that he could "in less than twenty-four hours" show that it had been " established by the King of Great Britain." Tlie language of John Bridgman, of Yernon, a judge of the quarter sessions, and a member of the state Assembly, when conversing in relation to the powers of Congress, was violent in the extreme. " Congress has no business" to interfere with the present union of Yermont and New Hampshire, said he, to that renowned Yorker, Timothy Church of Brattleborough, as they chanced to meet on a ISTo- vember's day, at Matthew Martin's mill. Church expressed a contrary opinion. Thereupon, Bridgman replied : " Damn the Congress. Curse the Congress ! Haven't we waited long enough on them ? A pox on them. I wish they would come to the mill now ; I would put them between these mill-stones or under the water-wheel. They have sold us like a cursed old horse. They have no business with our affairs. We know no such body of men I" So fearlessly were opinions expressed respecting the condition of the state, that Edward Smith declared openly, at the public house of Josiah Arms, in Brattleborough, that " as long as the 414: HISTORY OF EASTEEN YERMO>T". [I'i'Sl; 1T82. King and Parliament of Great Britain approved of, and would maintain the state of Yermont, he was determined to drive it, and so were its leaders." Verbal reports of these, and similar declarations, were borne to Governor Clinton, who regarded them as proofs of a treasonable conspiracy with the enemy. In order to obtain the exact truth, he wrote on the 3d of January, 1782, to Capt. Timothy Church and his wife, Lieut. Jonathan Church, Elijah Prouty, Benjamin Baker, Israel Field, and Jo- seph Dater, in whose presence these sentiments had been utter- ed. " As I am informed," said he, " that you are acquainted with facts that tend to prove that the leaders of the usurped government of Yermont are in league wdth the common enemy, I have therefore to request, that you will appear before a civil magistrate, authorized to take the same, and make affidavit of all such matters as shall have come to your knowledge, respect- ing the same, in order that they may be transmitted to me. The good opinion I have of your patriotism, forbids my using any arguments to induce you to a compliance with a measure in which the safety and general interest of America is obviously and essentially concerned." In conformity with this request, those wdio had heard the remarks before narrated, committed the facts to writing in the form of affidavits, and sent them to Governor Clinton.* Although the ISTew York adherents experienced great diffi- culty in upholding the government to which they owed alle- giance, yet they did not hesitate to express their views on the subject whenever an opportunity was offered. On the 5th of November, 1781, Seth Smith, Elijah Prouty, Daniel Shepardson, and Hezekiah StoweU informed Governor Clinton, by letter, of their disapprobation of the "present basis of government" as established in Yermont, and of the threatenings with which they had been menaced by the people of that state. They fur- ther declared, that " vast numbers" still held to the state of Kew York and to the authority of Congress, but were constrained to suppress their sentiments from regard to personal safety. In proof of these statements, they referred the Governor to Lieut. Israel Smith, the bearer of the letter. The nature of this cor- respondence having become known, Seth Smith, who was re- garded by the Yermonters as a dangerous person, and who * George Clinton Papers, in N. Y. State Lib., vol. xv, doc. 4265. MS. Deposi- tions. 1781, 1782.] ADDRESS OF THE GUILFOKDITES. 415 had also been charged with being engaged in some riotons pro- ceedings, was indicted in December, 1781, before the court in Windham county for " conspiring and attempting an invasion, insurrection, and public rebellion" againstthe state of Yermont, and for " attempting the alteration and subversion" of its " frame of government by endeavoring the betraying the same into the hands of a foreign power." Aroused, no doubt, by this exercise of power, and aware that the agreement they had made to sustain the jurisdiction of Yer- mont at the time of the addition of the Eastern Union, had tended but little to increase their personal or political safety, the inha- bitants of Guilford, on the 8th of January, 1782, drew up an address to the Governor and Legislature of New York and to the " American Continental Congress." In this paper they ex- pressed regret that they had been compelled by circumstances to unite with Yermont. In defence of their conduct, they argued from " the eternal and irresistible laws of self-preserva- tion, which are ever prior to all social laws, or the laws of a par- ticular society, state, or commonwealth," that when a body of men were oppressed, and the state to which they owed alle- giance could not assist them, it was "forever justifiable for that oppressed people to procure their own redress and relief by terms of composition with their oppressors," as favorable as could be obtained. Tliey then referred to the inconveniences to which they had been subjected in early years by the " tyran- nic administration of the Crown ;" to the persecutions they had endured on account of their allegiance to New York ; and to the consequences which would ensue, should Congress cut off the Eastern and Western Unions and establish Yermont as an inde- pendent state. Without these wings, " Yermont," said they, " if filled up in its utmost extension," would never be able to maintain inhabitants enough to support the " charges, honor, power and dignity of an inland state ;" or to build such defences at the north as are needed ; or to man, victual, and support them, in case they should be erected. Should the dissolution of the Unions follow, and should Yermont be recognized by Con- gress as the fourteenth state, they declared that the result to them would be but little short of a natural death. Accompanying this address was a communication, dated the 10th of January, from Daniel Shepardson, Hemy Hunt, Capt. Asa Rice, Capt. Daniel Wilkins, Newhall Earll, and Lieut. David Goodenough, assert- ing that almost all the Yermonters in Guilford, and many in the 416 HISTORY OF EASTERN VERMONT. [1782. adjacent towns, liad lately " turned against Vermont," and were desirous of owning tlie jurisdiction of New York and submitting to the decisions of Congress. To excite, if possible, an additional interest in their situation, the Kew York party in the townships of Guilford and Brattle- borough, drew up a " Representation " as it was called, of their situation, and committed it to Seth Smitli their agent, with orders to present it to the Legislature of New York, and to the Congress of the United States. In this document, which was composed with much care and apparent ti'uthfulness. Smith, as rei^resentant, declared that a " very great majority " of the inhabitants of Brattleborough and Guilford, and " at least three- fourths" of the people living within the "usurped jurisdiction of Vermont, on the east side of the Green Mountains and west side of Connecticut river," were desirous of returning to the " rightful jurisdiction of the state of New York," from which by the violent measures of the new state government, and the want of necessary protection and assistance from Congress and New York, they had " much against their inclinations, been obliged to appear to depart ;" that the towns which he repre- sented, and a majority of the inhabitants of the New Hamp- shire Grants, were, as he believed, firmly determined to oppose by arms the " usurped jurisdiction of Vermont ;" and that there was full evidence of the disaffection of " the leaders and abet- tors in the assumed government of Vermont " towards the Unit- ed States, and of a " league of amity " between them and the enemy in Canada. In support of the last statement, he alluded to the fact that Vermont commissioners had held frequent inter- views with commissioners from Canada, both in the latter pro- vince and on the " Grants ;" that the leading men in Vermont had established a neutrality with Canada, publicly disavowed the authority of Congress, and authorized the transmission into Canada of prisoners belonging to Gen. Burgoyne's army, without receiving any in exchange ; that the " staunch whigs and those well affected to the true interests of the United States " were exceedingly alarmed at this friendly intercourse which they could not prevent unless by force of arms, since, as supporters of New York, they were not eligible to office under Vermont ; and that the " ill-gotten powers " of the suj^porters of the new state " were wantonly and arbitrarily " exercised, to the " incon- ceivable oppression of the best friends of the American cause " in that portion of the nation. 1782.] CHAEGES AGAINST THE VERMONTEES. 41T Li addition to tliese charges, he stated that the Yermonters had committed many acts of violence, under color of la^v, against the well-aiFected subjects of the state of J^Tew York ; that they had proceeded so far against him, as to cause him to he charged — in an indictment for high treason against " their assumed government " — with an attempt to introduce a " fo- reign power" into Yermont, meaning undoubtedlj^ by these words the government of New York and the authority of Con- gress ; that they had " debauched " into a union with them- selves, portions of New York and New Hampshire ; that, although exempt from the " common burthens of the American war," they still exercised an " exorbitant power in taxation and arbitrary drafts, to support their usurpations against two of the states in the American confederacy ;" and that this latter proceed- ing was intolerably grievous to the great body of the true friends of America, who were compelled to endure, since they were not able to resist. To support these declarations, the representant offered to adduce the " most regular and conclusive proofs," pro- vided he and his friends should be protected while collecting tlie evidence. He also suggested the propriety of sending con- gressional commissioners to make inquiries and return a full report, and added his assurance that they would be upheld and respected by the majority of the people. In conclusion, he gave as his firm opinion " that unless Congress seasonably and vigorously interpose, the well-affected to the state of New York and the United States will fly to arms in opposition to the usurpation of Yermont." On reaching Poughkeepsie, Smith waited on Gov. Clinton, apprised him of his business, and bespoke his assistance. Clin- ton, at once, approved of the undertaking in which Smith was engaged, and on the 21st of January presented him with a let- ter of introduction to William Floyd, one of the delegates from New York in Congress. In this communication, Clinton recited in brief the information which Smith designed to communicate, and desired Floyd to aid that gentleman in fulfilling his com- mission. " You will be able, I j)resume, from the temper of Congress," wrote he, " immediately to determine what effect Mr. Smith's representation is likely to have, and if it should not appear probable that any measures will be taken in conse- quence of it, I wish he may not be detained in Philadelphia a single hour longer than is necessaiy for you to prepare your dis- patches." Agreeable to this request, the representation was 27 418 HISTORY OF EASTERN VERMONT. [1782. laid before Congress on the 2Stli of January, and was referred with other papers to a special committee. Without waiting to see the issue, Smitli returned home. On he 19th of February the first report was made on the subject, and was re-committed. On the presentation of their second report by the grand commit- tee, on the 1st of March, nearly the whole day was spent m the discussion of the Vermont question, and of the conduct of the inliabitants of that state in admitting the Eastern and Western Unions within their jurisdictional limits. The result of these proceedings was the passage of a number of resolves declaring the boundaries of the New Hampshire Grants to be henceforth, as they were understood to have been, previously to the admis- sion of the territory comprised within the acknowledged limits of ]^ew York and New Hampshire. Although these resolves were to a certain extent due to the statements of Smith, yet the main object of his mission was not accomplished, since no direct measures were taken to secure those whom he represented the rights which they claimed as citizens of New York. On his way home, Smith left with Governor Clinton a coj)y of the representation which he had brought before Congress, and a petition, dated February 11th, addressed to the Legislature of New York. In the latter document, he stated that he had been authorized by his constituents to apply both to Congress and to the New York Legislature " for their respective interposition on the subject matter of his representation ;" that the well-afi'ected on the "Grants" would cheerfully render obedience to New York, provided they could be protected ; that by the laws of Vermont they were deprived of civil and military power ; and that they were determined to resort to " the natural means of defence by arms," unless interposition should be made in their behalf. In view of these difficulties he prayed the Legislature to employ " seasonable and vigorous " measures, and thus free his constituents from the necessity of repelling force by force, a step which " by the rights of mankind " they would be justified in taking. The Legislature were to have met on the lOtli of February, but at that time and for several daj's following there was not a quorum present. As soon as a sufiicient number had congregated, the petition and representation were read in tlie Assembly, and, on the 23d of February, were referred to a joint committee of the Senate and Assembly " on the papers relative to the New Hampshire Grants," consisting of Messrs. Hathorn, Tompkins, De Witt, L'Hommedieu, and Adgate, from the latter 17S2.] DILATORINESS OF CONGEESS. 419 body, "When, on the 26th, the documents were presented to the Senate, they were disposed of in a similar manner, Messrs. Oothoudt, Whiting, and Ward being the members of the joint committee to whom they were referred. As in Congress, so in the Xew York Legislature, no direct results followed this effort made by the constituents of Smith to obtain justice for themselves and protection from the people of Yermont. The attention of both of these bodies was too much engaged in investigating the reports which were daily pouring in upon them, of a treasonable correspondence between Yer- mont and Canada, to allow of an examination of the incon- veniences of which the Guilfordites and their colleagues com- plained. But the declarations which were made were not entirely lost. Their influence was discernible in the course which New York, at a later period, determined to adopt in establishing government in the late county of Cumberland. Soon after his return home. Smith presented a petition to the General Assembly of Yermont, praying to be released from the charge of treason which had been brought against him. The request was referred to a committee, who reported favorably thereon, and by an act of the Assembly, passed on the 23d of Feb Aary, he was discharged from the indictment " for conspir- ing and attempting an invasion, insurrection and public rebel- lion " against the state, on condition that he should appear at the court in Windham county and answer to other charges which might be brought against him, and take the oath of alle- giance to Yermont. The disappointment which he had expe- rienced at Congress, was undoubtedly the cause of his apphca- tion to the General Assembly. It does not appear, however, that he accepted the proposals which were oifered him, and, judging from the conditions on which they were based, it is probable they were rejected.* As soon as Yermont by her own act had dissolved all connec- tion with the Eastern and Western Unions, many of the residents in several of the towns of the former county of Cumberland, again declared themselves citizens of New York. At a town meeting held at Brattleborough, on the 12th of March, the people assem- bled and declared by vote, that in their opinion a treaty had been * George Clinton Papers, in office Sec. State N. Y., vol. xiv. doc. 4129: vol XV., docs. 4301, 4334, 4352. Journals of Am. Cong., Feb. 19th, March 1st, 1782. Vt. Council Records. Journal Gen. Ass. Vt., Feb. 1182. Journals Ass. K Y. Various MSS. 420 HISTORY OF EASTERN VERMONT. [1TS2. " entered into with the enemy ;" that the inhabitants of the Xew Hampsliire Grants justly owed their allegiance to New York ; that it was their own duty " to withdraw all allegiance or obe- dience to the state or authority of Vermont ;" and that in case a suiiicient number of the inhabitants of the other towns in the county should adopt similar sentiments, they would petition the Governor of New York to appoint civil and military officers for their guidance, and to establish a civil government mider the authority of that state. On the 13th, a similar meeting was held at Guilford, and was followed by the same results. The inhabit- ants of Halifax assembled on the 14th, for the purpose of con- sulting upon the question of their connection with New York, and arrived at conclusions of a like natm'e. Ou the 20th, a convention of the committees of the three towns above named met at Brattleborough, for the purpose of concerting such measures as the peculiar situation of the county demanded. Elijah Prouty of Brattleborough was chosen mode- rator of the meeting. Samuel Avery, as agent, was directed to repair to the Legislature of New York, and lay before them " a just and true state" of the "oppressions and grievances" to which their constituency on the "Grants" were subjected. Certain persons were also appointed to write to those 'towns which were not then represented, for the purpose of eliciting their sentiments respecting the course which had been adopted by the convention. In regard to Hinsdale, Newfane, Putney, Westminster, Rockingham, and Weatherslield, the convention declared their opinion that, if those towns had been allowed proper time and sufficient notice, they would have agreed to and sanctioned the objects and actions of the meeting. In the instructions which were afterwards given to Avery, he was directed to deliver the papers which should be entrusted to him to the Legislature of New York, and pray for their " advice and assistance ; " to endeavor to influence them to establish actual civil government on the " Grants," " with sufficient authority and force to carry it into execution ; " and, if he should receive encouragement, to proceed to Congress, and lay the whole sub- ject before the members of that body.* These measures contributed, in a certain degree, to influence the conduct of those to whom personal appeals were made, but they brought no immediate redress of the evils complained of. * MS. Minutes of meetings held at Brattleborougli, Guilford, and Halifax. 1782.] PEKSEVEKANCE OF THE TOKKERS. 421 The return of the inhabitants in the Western Union to their alle- giance, and the question of land titles on the New Hampshire Grants, were now occupying the attention of the New York Legislature, and the prayers of the few were unheard among the applications, petitions, and remonstrances of the many. Although the Yorkers in the townships of Brattleborough, Guilford, and Halifax received but little encouragement from the government whose authority they acknowledged, yet they did not cease, by addresses and agents, to importune the Legis- lature of New York for assistance. However men may disagree as to the merits of their cause, no one can deny to them a per- severance of itself almost worthy of a successful issue. On the 26th of April, a remonstrance in behalf of these towns was pre- pared by Charles Phelps of Marlborough. He and his sons were violent opponents of the Vermont jurisdiction, and subse- quently became active leaders in the New York party. A treasonable correspondence between the principal men in Yer- mont and the British in Canada M-as boldly asserted in this document, and the former were charged with an agreement to raise a force to be employed under British pay for " the destruc- tion of the liege subjects " of the United States. Complaint was made at the same time, because of the taxes which the friends of New York were compelled to pay towards the support of a government whose authority they denied. The incon- veniences and sntfering ensuing therefrom were also set forth in the plainest terms. These statements were accompanied by a request that one regiment or more might be raised and officered in the county of Cumberland, under the pay and authority of New York ; that probate judges, justices, coroners, and " all other civil officers" might be commissioned, for the " good regu- lation " and " compleat protection " of the people ; that Judge Richard Morris might be exhorted to visit the county, for the purpose of encouraging the loyal, and disheartening their opponents ; and that the worst criminals might be carried to Albany or Poughkeepsie. In closing, the committee, in whose name the remonstrance was drawn, expressed a desire that Governor Clinton should send his answer " in writing, and no more by word of mouth," in order that the people might see his declarations in his " own hand." * At a convention of the committees of these three most faith- * George Clinton Papers, in office Sec. State K Y., voL xv., doc. 4482. 422 HISTOKT OF EASTERN VERMONT. [lTS2. fill towns, lield on the 30tli of April, the remonstrance was ac- cepted as the expression of the people, and Daniel Shepardson was appointed to carry it to Ponghkeepsie, and endeavor to ob- tain a favorable response. He was also entrusted with a list of the names of those best qualified to fill civil and military ofiices, and was directed to submit it to the New Tork Council of Ap- pointment for their guidance in selecting officials for the county. In the execution of his commission, Mr. Shepardson repaired to Poughkeepsie, and received from Governor Clinton a reply to the remonstrance. In this communication, dated the 6th of May, the Governor assured the associated committees, that, as soon as the Council of Appointment could be convened, he should use his "best endeavors" to obtain commissions for "the requisite civil and military officers." He then referred to the act of Congress of the 2'Ith of September, 1779, which expressly declared it to be the duty of the inhabitants on the " Grants" owing allegiance to Vermont, to abstain from exercising any power over those who were subjects of New York and vice versa. In view of the conduct of New York and of the rights guaranteed by this enactment, he observed : " This state has, during the whole of the time since the controversy was submit- ted to Congress, hitherto strictly observed this recommendation of Congress ; and should any person under j^retence of author- ity from the assumed government attempt to enforce their laws, you will perceive that resistance by force is, in every point of view, justifiable, and the faith and honor of Congress is pledg- ed for your support." In regard to the suspicions which were afloat as to the course which Vermont was pursuing with the British in Canada, he declared that there was the fullest evi- dence of a " criminal and dangerous intercourse" between them, and presented this fact as an additional reason why the friends of America should " interest themselves in prevailing with their fellow citizens to return to their allegiance, and by that means disappoint the views of a combination who from motives of self- interest and ambition would enter into a league with the enemy, and sacrifice the liberties of their country." He stated, more- over, that in case persuasive measures should prove inefiectual in the re-establishment of peace, and Congress should delay or wholly decline to decide the question of jurisdiction, no alterna- tive would be left to New York. Necessity, he declared, would then force the adoption of " compulsory means" to maintain the rights and enforce the authority so essential to the future peace 1TS2.] THE EEPUBLIC OF GUILFOKD. 423 and security of the state. With this letter were sent the two late acts of the Legislature, one of which had been passed for the i^urpose of extending pardon to those who had been the sup- porters of the Western Union, and to all others who should return to their allegiance ; and the other for confirming grantees in the titles by which they held their lands.* Hardly had the contents of this letter transpired, when an op- portunity was offered for those who should choose so to do, to attest their adherence to the government of New York. By an act of the Legislature of Vermont, passed a few months previous at the February session, orders had been issued for raising " three hundred able-bodied, effective men, for the ensuing camjiaign." Li case any town should refuse to raise their quota of men, power was given to the selectmen to hire the required number, and to issue their warrant to the sheriff of the county, directing him to levy on " so much of the goods and chattels, or estate" of the inhabitants as should be necessary both to pay the wages of those who should be hired, and to satisfy all the necessary charges which might arise. The friends and supporters of the government of ISTew York, who, until the year lYSO, had com- posed a large portion of the population of the towns in the south- eastern part of Yermont, liad been gradually decreasing in power and numbers. At this period, a majority of the inhabit- ants of Guilford, a minority of the inhabitants of Brattlebo- rough and Halifax, the family of Charles Phelps in Marlbo- rough, and here and there an individual in AYestminster, Rock- ingham, Springfield, and a few other towns, rej^resented their full strength. Although in town elections they were sometimes placed in nomination against citizens of Yermont, yet the lat- ter were, with rare exceptions, successful in obtaining oflice on those occasions. Guilford had been for several years, and was at this time, the most populous town in the state. This was not owing to any superior natural advantages, either as to situation or soil, but to the greater liberty which its citizens enjoyed. On the 19th of May, 1772, the inhabitants, at a district meeting, had refused longer to be bound by the terms of the charter they had received frv)m New Hampshire ; had declared by vote, that Guilford was in the county of Cumberland, and province of * Doe. Hist. ]S'. Y., iv. 1010-1012. Slade's Yt. State Papers, pp. 173-1 T 6. Pa- pers relating to A"t. Contvover-sy, in office Sec. State X. Y., p. 40. 424: HISTORY OF EASTERN VERMONT. [1782. Xew York ; and had chosen town officers agreeable to the laws of that province. " Having renounced their charter," observes Thompson, " and there being no government which really exercised authority over them, they continued to legislate for themselves, and tradition says that good justice was done." One princii^le in their abandoned charter was, however, ad- hered to, and " none but proprietors, or those who held under them, had a right to rule, or vote in their meetings." Thus did this little republic continue from year to year to be governed by the decisions of town meetings, and the excellent administration of its affairs and the inducements which were offered to settlers, clothed its fields with weaving harvests, and adorned its hill-sides with cheerful dwellings. Not until the year 1777, when Yermont was declared an independent state, did those rivalries commence which for years afterwards dis- turbed the peace of this happy community, and finally resulted in its dissolution.* In accordance with the terms of the act for enlisting soldiers in the service of Yermont, it had been reported that drafts would be made from Guilford. At this juncture the letter from Governor Clinton, declaring " resistance by force" to be justifiable, was circulated among the people. A meeting was immediately called in Guilford, which was largely attended by the Yorkers, the dominant party in that town, and the instruc- tions from New York wxre adopted. A vote was passed by which the people declared their determination " to stand against the pretended state of Yermont, until the decision of Congress be known, with lives and fwtunes.''^ As an evidence of their sincerity, Henry Evans, Daniel Ashcraft, and Nathan Fitch were directed to forbid the constable to act. Although the New York adherents were in the ascendant, yet the citizens of Yermont were by no means backwards in asserting their rights. One result of this loyalty was, that the affairs of the town were regulated by two distinct sets of officers, the one ap- pointed in accordance with the customs of the former state, and the other in accordance with those of the latter. Instead of selecting the soldiers who were to serve in the Yermont militia from the citizens of that state residing in Guilford, the officers chose them from the opposition. Those who were drafted refused to serve, or to bear the expenses of a * Thompson's Vt., Part III. p. 81. 1TS2.] SYMPTOMS OF A STOKM. 425 substitute. Au open rupture could be no longer avoided. On the lOtli of May, Simeon Edwards, "William Marsh, and Eph- raim NichoUs, the selectmen of Guilford by the choice of the citizens of Vermont, directed the sheriff of Windham county, in the name of the state, to take the goods and chattels of Samuel Bixby, William White, Josiah Bigelow, Joel Bigelow, and Daniel Lynde, to the value of £ 15, that being the amount which had been ex^^ended by the state in hii'ing a man to do military duty in their behalf. Tlie sheriff was further in- structed to sell whatever he should seize, at public vendue, and return the proceeds to the selectmen, " with all convenient dispatch," The warrant authorizing these proceedings was l^laced in the hands of Barzillai Rice, one of the sheriff's deputies, who determined to execute it immediatel}^ On reaching the house of Hezekiah Stowell, a most violent Guil- fordite Yorker, he found a large company assembled, and among the number some whom he wished to see. Supposing himself secm-e from the danger of an attack, both by his official character and by the presence of two of the selectmen who had drawn the warrant, he made known his business, and his determination to obtain either the fines or their equivalent. This declaration created much confusion, and angry words were heard from every part of the room. Opposition to the unjust demands of Yermont was loudly proclaimed, and it was plainly evident that words were to be but the prelude to action. William Shattuck, of Halifax, a leader among the Yorkers, failed not on this occasion to strengthen the minds of his friends. Mingling in the crowd, he counselled them to protect their rights ; to stand by their liberties ; and to repel the invasions of a usurped power. " I am a supporter of the opposition," he declared, " both in pubhc and in private. I deny the authority of Vermont. The cause that I maintain is just, and I have done and will do all in my power to uphold it." With Shattuck the majority coincided. A few were disposed to settle the fines, provided satisfactory terms could be agreed on. For the sake of a more private interview, the deputy, selectmen, and those interested in the proceedings, repaired to the house of Josiah and Joel Bigelow. Henry Evans and William White, who acted for the five delinquents, having considered the subject at length, were finally agreed as to the course they should pursue, and requested the deputy to delay the execution of the warrant for twenty days, that they might have an opportunity to send 426 HISTORY OF EASTERN VERMONT. [ITS? to New York for instructions. This the deputy refused to do, and forthwith proceeded to carry off a cow belonging to Joel Bigelow, having first ordered all who were present to assist him in the execution of his office. Evans, who had now become excited, interposed, ordered the deputy to be gone, threatened lum with violence in case he should persist, and " damned the authority " under which he was presuming to act. Disregarding these expressions, the deputy i^ersisted in the attempt, and took possession of the cow. Determined to release the animal and return her to her owner, a large crowd followed the deputy, awaiting a favorable oppor- tunity to accomplish their purpose. At length the voice of Capt. Joseph Peck of Guilford was heard ordering his men, who were present in the dress of citizens, to " embody to rescue." The command was obeyed, the deputy was surrounded by a mob of forty or fifty men, and the cow was seized and driven away in triumph.* Such was the result of this determination to resist the execution of the laws of Vermont. "VYliile the support- ers of the claims of New York exulting in the success which had attended this effort, were making every exertion to add to their strength and increase their efficiency, the citizens of Ver- mont were rejoicing that this forcible resistance had placed then\ in possession of an argument which would henceforth warrant them in punishing their opponents as disturbers of the peace and contemners of lawful jurisdiction.f * In the presentment of the gi-and jurors of Windham county, made in Sep- tember, 1782, the foUowing persons were charged with being engaged in the transaction mentioned in the text: Jotham Bigelow, Daniel Lynde, Joel Bigelow, Josiah Bigelow, William White, Samuel Bixby, Giles Roberts, Dean Chase, Ben- jamin Chase, Nathaniel Carpenter, Edward Carpenter, Asaph Carpenter, Daniel Shepardson, Adonijah Putnam, Nathan Avery, Josiah Rice, David Goodenough, John Stafford Jr., James Packer, Stephen Chase, Joshua Nui'se, Noah Sliepardson, Joseph Peck, Joshua Lynde, Shubael Bullock, Israel Bullock, Samuel Melendy, Joseph Dexter, Moses Yaw, Amos Taw Jr., and Ilezekiah Broad, all of Guilford; and Elijah Prouty and Benjamin Baker of Brattleborough. Besides these, there were present, Timothy Church of Brattleborough, William Shattuck of Halifax, Henry Evans of Guilford, and others whose names did not £^pear. f MS. Court Records. Thompson's Vt. Gazetteer, ed. 1824, p. 141. CHAPTEE XYI. THE CIVIL SUSTAINED BY THE MILITARY AKM. Convention of town representatives favorable to Kew York — Petition and remon- strance — Credentials — Charles Phelps — Novel punishment at Hertford — Letter of Richard Morris — Council of Appointment — Civil and military officers — Advice of Gov. Clinton to Col. Timothy Church — Act of the General Assembly of Vermont for the punishment of conspiracies — Isaac Tichenor's visit to the Yorkers — Anticipations of trouble — Meeting at Guilford — Letters from Gov. Clinton to Col. Church and to the supporters of the jurisdiction of New York — Determined conduct of the Yorkers — Col. Church resists the laws of Vermont — The command of the Vermont troops given to Ethan Allen — Preparations for attack and defence — The erjiedition — Col. Ira Allen's adventure — Bravery of Mrs. Timothy Phelps — Effects the escape of her husband — An amusing scene — Mr. Phelps is afterwards taken by Ethan Allen — The onset of the Guilfordites — Ethan Allen's famous proclamation — His force receives additions — The Yorkers imprisoned at Westminster — First day of the trial — Proofs of the seditious behavior of Church, Shattuck, Evans, and T. Phelps— Their sentence— Another attempt to take Charles Phelps — His library — Second day of the trial — Boast- ing of Ethan Allen — Remainder of the court session at Westminster — A special session at Marlborough — Trials and sentences — Samuel Ely's offence — His trial and punishment — Sufferings of the Yorkers. The excitement caused by this disturbance having partially subsided, representatives from the towns of Brattleborough, Guil- ford, Halifax, and Marlborough assembled in convention, on the lYth of May, and prepared a combined "remonstrance and petition " for the consideration of Governor CKnton. This pro- duction did not embody a specific narrative of the late resistance, but, in the most general terms, disclosed the fact that " intrigues, conspiracies, and insurrections " were " daily perpetrated " by the Vermonters ; that warrants were frequently issued for the seizure of the persons and property of the petitioners ; and that usurpations had been " vahantly opposed " by the friends of New York. Tlie petitioners declared it to be their intention to defend their rights by force, until " proper authority " should be instituted. At the same time they acknowledged that their 428 HISTORY OF EASTERN VERMONT. [1782. defeat was certain, unless tliey sliould receive external aid. For these reasons tliey prayed the Governor to use his influence in obtaining the apj)ointment of a sufficient number of " prudent, just, and faithful officers, both civil and military, of every kind necessary or proper for all the purposes of an organized govern- ment," who should be forthwith sworn into office, and permitted to enter upon their duties. They also asked for permission to convey prisoners to any jail in the state of Kew York. That the Yermonters might have no cause to charge them with indiffijrence to the common cause, they desired the Governor to command his subjects in Cumberland and Gloucester counties to raise a reasonable quota of men for the war, and collect means for their payment and support.* The establishment of courts of civil and criminal jurisdiction was declared to be indis- pensable to their safety, and the only means by which their enemies could be punished for the violation of the rights of the subjects of New York. Appended to this document were the credentials of Charles Phelps, who had been selected to carry it to Poughkeepsie. In these credentials the subjects discussed in the petition were rehearsed in brief, and a few topics were considered which had been omitted in the latter. Mr. Phelps was directed "to urge" the Governor "with all possible assiduity and zeal" to send Judge Morris and his associates into the county of Cumberland, for the purpose of holding a court of Oyer and Terminer. Such a course, it was argued, would tend to the speedy establishment of legal rights ; and would prove to the citizens of Yermont the determination of the government of New York to protect its subjects from the ill treatment to which they were continually exposed. In the same paper Mr. Phelps was recommended as a proper person for fii-st justice of the Inferior court of Cumber- land county, whenever such a tribunal should be established. The documentary force of the agent was completed by a third paper, entitled, " Reasons to Induce His Excellency the Gover- nor, Judge Morris, the Attorney-General, and the Council of Appointment, to go into Cumberland and Gloucester Counties to appoint Civil and Military officers for the complete organizing them, and instituting civil and military Government and Courts * Although the government of Vermont had divided the eastern portion of that stflte into the counties of Windham, Windsor, and Orange, as before stated, the supporters of the jurisdiction of New York recognised only the old divisions. 1782.] CIVIL AND MILITAKT APPOINTMENTS. 429 of Justice, as fully to all intents and purposes as in any other Counties in the State.'' These reasons were two in number. Li the first place it was stated, that such a visit would " fully con- vince the New York state subjects" that the Legislature had determined to defend them from the encroachments of a rival power, and would " naturally embolden" them to exeit them- selves "in every possible, lawful, prudent manner," to support the government which oifered them protection. A second result, it was declared, would be to " sink the hearts and deaden the resolution of all the Vermont party ; intimidate their guilty and dejected minds ; enfeeble their resolutions against us, and whol- ly enervate all their ambitious, malignant, avaricious, and de- spotic designs, so arrogantly formed against us and the right- eous administration of the state." Such were the consequences which were expected to follow the exhibition in Vermont of some of the state officials of New York. The petition, creden- tials, and reasons, were all composed by Charles Phelps, and in style and argument, evinced an originality worthy of notice. Anned with these missives, the agent set out for Poughkeepsie, resolved to save the " half-ruined state" as he called New York, provided eloquence and logic were allowed to exert their proper influence.* While in Windham county the difficulties which prevailed, seemed to spring principally from political causes, there would sometimes happen in other portions of the easteiTi section of the state disturbances originating in a dislike of the delay which usually accompanied the execution of law. An incident which occurred at Hertford, originated in a sentiment of tliis nature. John Billings of that town, having been guilty of some con- temptible act, was threatened with punislmient. This was in- flicted in such a manner as to cause considerable physical suffer- ing, and was humiliating in the extreme. On the night of the 30th of May , a party of men composed of Jedediah Leaving, Phine- has Killam, James Williams, Timothy Lull Jr., Aden Williams, Timothy Banister, Simeon AVilliams, Joab Belden, and William Miller, all of Hertford, and Moses Morse and Amos Pobinson of Windsor, " with force and arms, unlawfully, riotously, and routously" assembled and assaulted the unfortunate citizen. As was more clearly set forth in the presentment of the grand jury, they " did beat, wound, and ill-treat" him by " placing liim on * George Clinton Papers, in N.Y. State Lib., vol. xv. doc. 452Y. ■ioO HISTORY OF EASTERN VERMONT. [1TS2. an old horse witliout a saddle, tying his feet under the belly of said horse, and hanging to his feet a very heavy weight, and in that situation causing him to ride to a considerable distance, by which he suflered great pain and inconvenience." Scenes of violence are necessary concomitants of a new settlement. Vermont, it is seen, did not present an exception to the general rule. In the present instance, howevei", the law asserted its power, and the disturbers of the public peace and the infringers of Mr. Bilhngs's personal rights, were j)unished by pecuniary mulcts, aud were compelled to bear the costs of the prosecu- tion.* On his way to Poughkeepsie, Mr. Phelps visited Chief-justice Richard Morris at Claverack, and made known to him the ob- ject of his mission. He also detailed the events which had lately occurred in the southern part of Vermont ; laid before the Judge the different papers with which he had been entrust- ed ; informed him that the Governor, the Attorney -General, and the Council of Appointment were to start immediately for the disaffected district for the pui-pose of organizing a govern- ment and establishing courts of justice on a solid basis ; and as- sured him that it was absolutely necessary that he shoidd accom- pany them. Although several of these statements were gratui- tous on the part of Phelps, yet they were pressed with so much urgency that they received immediate attention. " I cannot find out," wrote Morris to Clinton, on the 2d of June, with re- ference to Phelps, " that he wants me for any other purpose than to talk to the people, and I am sure that he so far excels me in that business, that I shall rather expose myself than be of any advantage. But jokes apart, if you are going into that country, and you thinlv my presence will be useful, though I can illy spare the time or money that must be spent, I will, with pleasure, accompany you." He also expressed his concurrence in the contemplated movement to appoint officers in the coun- ties of Cumberland and Gloucester.f On reaching Poughkeepsie, Mr. Phelps committed the papers with which he had been entrusted to Governor Clinton. Tlie Council of Appointment who were then in session, evinced a disposition suited to the emergency. Tliey decided in the out- set, that the loyal inhabitants of the northern district of the state were entitled to protection, and to the actual presence in * MS. Court Papers. f George Clinton Papers in N. Y. State Lib., vol. xv. doe. 4565. 1782.] POWERS OF JUSTICES. 431 their counties of proper civil and military officers selected from their own number. On the 5th of June, Charles Phelps, James Clay, Eleazer Patterson, Ililkiah Grout, Simon Stevens, Elijah Prouty, Michael Gilson, Samuel Bixby, Daniel Shepardson, Hezekiah Stowell, Bethuel Church, John Pannel, Nathan Fish, Joseph Winchester, and Daniel Kathan, were appointed justices of the peace for Cumberland county. In their commission, powder was given them to order the arrest of those persons who should threaten any of " the good people" of the state, " in their persons, or in burning their houses," and to keep them " in prison safe," until they should find security for their good behavior. To the first seven persons named in the justices' commission, were also given the name and power of justices of the quorum ; and to any three of this number was entrusted the " right to enquire by the oaths of good and lawful men," residents of the county, concerning such ofiences as were within the cognizance of a justice of the peace, and to determine uj)on them. They were also empowered to examine into the conduct of those who should " presume to go, or ride in company with armed force," for the jDurpose of opposing the people of the state of New York, or who should lie in wait with intent to maim or kill any of them ; and they were further directed to take notice of all attempts to set aside the laws and ordinances of the state. The justices of tlie quorum were also ajjpointed justices of the court of Oyer and Terminer, and general jail delivery. To Charles Phelps, James Clay, and Ililkiah Grout, was given power, as commissioners, to administer the oath of office to all civil and military appointees. Of the regiment which had been established for several yeare in the southern part of the county of Cumberland, Timothy Church was apjDointed Lieutenant-Colonel Commandant ; Wil- liam Shattuck First Major, Henry Evans Second Major, and Joel Bigelow Adjutant. Tlie commissions of all the officere were prepared without delay, and delivered to Mr. Phelps, who immediately set out on his return. He was also the bearer of two letters from Governor Clinton, one for the convention of the committees, and the other for Colonel Church. In the former, his Excellency stated that it had not Jjeen deemed advisable to appoint judges for the courts of Common Pleas, as the opening of tliose courts was not then " essential to the pre- servation of peace and good order," and might be attended with inconvenience ; that it was not the intention of the state to 432 HISTORY OF EASTERN VERMONT. [ITS 2. delay the " complete organization" of government in Cumber- land county, but to await the proper time for such action ; and that the proceedings of the Council of Appointment had been in accordance with the course which was deemed best calcu- lated to advance the interests of the comity. In the other let- ter, the Governor notified to Colonel Church his appointment ; requested him to consult with others, and decide upon proper persons for captains and subaltern officers, in order that the formation of his regiment might be completed ; exhorted him to protect the country from the depredations of the enemy, by sending out detachments of men whenever their presence would be of service ; and desired him, in the execution of his oflice, to pay strict attention to the recommendations of Congress, by extending his authority over such only as professed allegiance to ISTew York, " unless the conduct of the usurped government in contravening" those recommendations, should render " a con- trary conduct indispensably necessary for the immediate protec- tion and safety" of those whom he was bomid to defend.* At the session in June, the General Assembly of Vermont, knowing well what preparations the Torkers were making to resist the execution of the laws of Vermont, determined to check their proceedings by persuasive measures, if possible, and if these should not succeed by compulsory laws. As an inceptive step, a resolution was adopted on the 19th of June, in wdiich Isaac Tichenor was requested to repair to the towns of Brattleborough, Halifax, and Guilford, for the purpose of ex- plaining the proceedings of Congress " to the disaftected, in a true light ;" and using his " utmost exertions to unite the people in those towns" to the government of Vermont. On the same day an act was passed " for the punishment of conspira- cies against the peace, liberty, and independence" of the state. Upon this act were based the indictments which were found against those who a few months later were declared guilty of treason. Its framei*s seem to have presupposed in its prepara- tion, the very condition in which the state was so soon to be placed by the conflicts between the government and the oppo- sition. The positions wdiich were assumed in it, were sufliciently broad to answer the ends of those who had resolved to maintain the integrity of Vermont. Its terms were as foUows : — "Whereas, unanimity — the great strength and security of a * George Clinton Papers in N. Y. State Lib., vol. xv. doc. 4574. MS. Com missions. 1782.] ACT FOE THE PUNISHIVIENT OF CONSPIRACIES. 433 free and independent people — is necessary for the existence of a sovereign state ; and whereas, insurrections may rise among the inhabitants of this state, fomented and stirred up by some designing persons, with a manifest intent to subvert and destroy the Hberties and independence of the same — which evil to pre- vent — " Be it enacted, and it is hereby enacted, by the representa- tives of the freemen of the state of Yermont in General Assem- bly met, and by the authority of the same, that when, and so often as, six or more persons shall assemble with weapons of terror. Math a manifest intent to impede, liinder or disturb a.nj officer of this state, in the execution of his office ; or shall rescue any prisoner, in the custody of the law ; or any goods, or chattels, legally distrained ; and there shall be among said persons six, or more, who do not yield allegiance to the authority of this state, or have, and do deny the jurisdiction of the same ; all and every person so offending shall suifer banishment or imprison- ment, at the discretion of the Superior court, before whom said offenders shall be tried : and their goods, chattels, and estates, shall be seized, condemned, and sold, by order of the Superior court, as forfeited to the use of this state. "And be it further enacted by the authority aforesaid that if any person or persons shall conspire or attempt any invasion, insurrection, or public rebellion against this state ; or shall treacherously and perfidiously attempt the alteration or subversion of our frame of government, fundamentally esta- blished by the constitution of this state, by endeavoring the betraying of the same into the hands of any of the neighboring states, or any other power, and be thereof convicted before the Superior court, [such person or j^ersons] shall suffer banishment or imprisonment, at the discretion of the said court ; and the goods, chattels and estates of such offenders, shall be seized, con- demned, and sold, as forfeited to the use of this state. " And be it further enacted by the authority aforesaid, that if any person or persons, so banished, shall neglect to depart when ordered ; or, when departed, shall return to this state, without first obtaining liberty from the General Assembly, and shall be thereof convicted, he or they shall suffer death."* In conformity with his appointment, Mr. Tichenor visited the most fractious of the southern towns in Vermont, and endeavored * Journals Gen. Ass. Vt. Slade's Vt. State Papers, p. 454. OS 434 HISTORY OF EASTERN VERMONT. [1TS2. to expound to tlie people the proceedings of Congress relative to the aifairs of the conteudiijg states. He informed them that Vermont was a state in every sense of the term ; that their safety consisted in acknowledging its jurisdiction ; that the law would inflict punishment in case they should not submit ; and that the promises of protection and defence from New York were unreliable and fallacious. Although many believed that Xe w York would not willingly desert her subjects in the hour of trial, 3'et the idea was also prevalent that she would be finally compelled to pursue this course.* "Whatever may have been the efiect of Mr. Tichenor's reasoning on those who had become wearied with resisting the authority of Yermont, there were some in whose minds it aroused a spirit more decided in its opposition to the new state. " I have sounded the minds of Yermonters," wrote Charles Phelps to Governor Clinton, on the 10th of July, " and find that they dare not at present, in the four towns where the committees dwell, meddle with us Yorkers, if people don't come from Bennington county with weapons of terror to scare or frighten or fight us." He stated his belief that " people of pro- perty " would not dare to attack the Yorkers ; and that those who should be so rash as to make any warlike demonstrations would be slaughtered as readily as the common enemy. To render the condition of the oj)position more secure, he suggested that General Washington should order four field-pieces to be sent from Springfield to Brattleborough. A demonstration of this nature, he contended, would have more effect in preventing trouble, than a militia force of three hundred Yorkers raised without the sanction and orders of Washington. Further to encourage the Governor to sustain the friends of New York, Daniel Shepardson informed him, on the 15th of July, that some of the more northern towns in Yermont would unite in favor of the * In reference to Mr. Tichenor's embassy, Gov. Clinton wrote to the Hon. James Duane, from Poughkeepsle, on the 5th of August, 1782, in these words : " Mr. Tichenor Avas sent among them [the friends of New York] by the leaders of the revolt, to endeavor to prevail upon them to submit to their government, and for this purpose made a very unfair use of the last report of the committee of Congress, by endeavoring to deceive them into an opinion that it was the general sense of Congress, and that a determination would accordingly soon be made in favor of their independency. Tho' I have reason to believe that Mr. Tichenor did not succeed in his intentions, yet by these acts and by inducing the people who live more exposed to believe that, while they continue connected with them, they have nothing to apprehend from the common enemy, they have in some degree defeated the effect which the pacific measures of our Legislature would have had on them." George Clinton Papers, in N. Y. State Lib., vol. xvi. doc. 4C97. 1782.] ACTIVITT OF THE VERMONT LEGISLATURE. 435 '^ew York jurisdiction, provided assurances could be given of assistance from head-quarters.* From tlie activity displayed by the Yermont Legislature in passing and promulgating laws aimed directly at the extinction of the faction Avliich refused to pay Yermont taxes or recognize Yermont legislati«3n, and wdiich was determined to resist by force the execution of measures not originating with the govern- ment of Kew York — it was evident that a blow was soon to be struck which would cripple the strength of the faction, or crush it for ever. Tlie committees of the few towns which still con- tinued loyal to IN'ew York were aware of this state of things when they assembled at Guilford on the 15th of July, to con- sult upon the course which they should adopt in case an appeal was had to arms. In their petition to Governor Clinton — the inevitable result of a meeting — they rehearsed the occurrences of the few weeks previous, and hinted their disquiet in words which almost announced it. That their own courage might be strengthened, the enemy terrified, and their "wavering brethren" encouraged, they besought the Governor to order the militia in the western part of New York to march against the Yermonters in case they should cross the mountains and com- mence hostilities upon the Yorkers in Cumberland county. Tliey also asked for definite commands " to fight and stand" in their own defence. In order to nullify the arguments and elo- quence which had been employed by Yermont in miscon- struing the meaning of the resolves of Congress, they desired his Excellency to send an intelligent man to counteract the efforts of " Esquire Tichenor," and to certify to the people to what extent they might depend upon New York in the sup- port of her own jurisdiction. This petition and the other papers accompanying it, were forwarded by Mr. Cutbeth, who took the place of the regularly appointed messenger. In explanation of this substitution, the committees observed that they expected to have business for Major Shattuck, the Lieu- tenant-Colonel Commandant, " about home."t The messenger reached Kingston on the 24th of July. The Council of Appointment were again summoned, and the official list of the southern regiment was completed. Elisha Pierce was chosen Quarter-master, and six companies were * George Clinton Papers in N. Y. State Lib., vol. xvi. does. 4647, 4655. f George Clinton Papers in N. Y. State Lib., vol. xvi. doc. 4654. 436 HISTOET OF EASTERN YERMONT. [1782. formed — two in Brattleborougli, three in Guilford, and one in Halifax — each with a captain and. the proper complement of subalterns. The commissions were immediately prepared and intrusted to Mr. Cutbeth, who was also the bearer of a letter from the Governor to Colonel Church. In this communication, dated the 26th of July, all wRo sided with the Colonel were earnestly exhorted to " preserve unanimity and firmness" among themselves, and reject the artifices which might be employed by their adversaries to " deceive and amuse" them. To the committees of the towns who had petitioned for aid in their extremity, Governor Clinton, in a letter of the same date, defined his position in terms full and explicit. As an explanation of the course which he had been obliged to pursue towards those who amid change and misfortune, had still remained loyal to the government of Kew York, it must be admitted that his language, though strictly true, was neither encouraging nor satisfactory. " From the whole of my conduct respecting the controversy between the government of this state and. its subjects on the ' Grants,' " wrote he, " you must be persuaded of my sincere wishes and disposition to afford you every possible aid and support, though at the same time you can easily conceive that in our present condition, when every effort and attention is requisite to defend the remaining part of the state from being wholly ruined by the common enemy, it is not in my power positively to stipulate that any body of troops or militia shall march for your defence, should the usurped government of Vermont attempt to compel you by force of arms to submit to their jurisdiction. In being thus explicit with you, I would wish not to be undei"stood as discouraging you in your opposi- tion to the usurpation, for you may be assured that however the distresses we have experienced, and are still subject to from the war, may at present prevent us from employing the forces of the state in vindication of our rights, yet I have no reason to believe that the Legislature will ever relinquish their just claim to the territory in question, unless impelled thereto by the most inevitable necessity ; neither do I think it probable, from the latest accounts I have received, that Congress wiU ever decide in favor of the pretensions of Vermont to independency, (Mid candor induces me to declare also^ that there is little prosjject of their deciding in favor of us. Tlie truth is, that the evidence in support of our claim to the jurisdiction of the 17S2.] LETTER FEOM CLINTON. 437 country, is so full and conclusive that there is no possibility of withholding a conviction from it ; and although there may be individuals in Congress who, from motives of interest and policy, would wish to contract our limits, yet it is highly improbable that they will ever be able to influence Congress to make a decision favorable to their views, and especially as it is not submitted to Congress to determine arbitrarily, whether the 'Grants' shall be a separate, independent state, but only to make a judicial adjudication, on evidence, relative to the boundary of this state ; nor have they by the confederation, power to create a new state. " These matters you may rely on, notwithstanding the asser- tions of Mr. Tichenor and the other leaders of the revolt, and who, to countenance their assertions, may produce reports of committees which were introduced into Congress, not in expec- tation that they ever would be adopted, but solely with a view to keep the spirit of defection alive, and to counteract the endea- vors of this state for the re-establishment of its jurisdiction by pacific, conciliatory measures. "Congress, as I observed in a former letter to you, have expressly prohibited these people from the exercise of any authority over you, and have enjoined a similar prohibition on us with respect of persons who dispute our jurisdiction. Tliis prohibition is not repealed by any subsequent act of Congress, and ought, therefore, to be observed by both parties, and you are sensible we have in every instance strictly observed the recommendation on our part, and should the usurped govern- ment of Vermont attempt to enforce their jurisdiction over you, by having recourse to compulsory, violent measures, your own prudence and virtue will dictate the mode and measure of opposition. The faith and honor of Congress while you conduct yourselves agreeable to their recommendation is concerned for your protection, and I now renew to you my assurances of every aid which may be in my power to afford you. Your interest and happiness are deeply concerned in the event of this contro- versy, and the success of it depends much on your zeal and pru- dence, on which I place great reliance."* On the return of the messenger, the views of Governor Clin- ton were disclosed to all the principal leaders of the opposition. Efforts were now made to concentrate the strength of those who * George Clinton Papers in K Y. State Lib., voL xvi. docs. 4679, 4680. 438 HISTOKY OF EASTERN TEKMONT. [1782. were unfriendly to the jurisdiction of Vermont. Tlie "mode and measure " of the resistance wliicli was to be employed, had been left to the " prudence and virtue " of those who still con- tinued loyal to New York ; but so unpleasant had their situation become, that the few plans which they arranged partook more of the spirit of revenge, than of a desire to defend themselves from the further imposition of the taxes and decrees emanating from Vermont. They openly declared that they expected assistance from jSTew York, and that there would be " terrible times," should a force from the other side of the mountains be sent to oppose them. On one occasion, when they were assembled to consult upon the adoption of measures for defence, a proposition was made that a vote should be taken for the purpose of ascer- taining the number of those who were willing to " disannul all the authority of Vermont." This method of expressing a deter- mination so important not being deemed sufficiently demonstra- tive by those who were most violent in their antipathy to the new state, a pledge was substituted in place of the vote, and the majority of those present bound themselves to "oppose the state of Vermont even to blood." Some, who desired to render the pledge more binding, at the close of the meeting formed a ring on the green which fronted the building in which they had been assembled, and renewed and confirmed the pledge in a solemn and imposing manner. Aware that preparations were on foot to withstand any attempts that might be made to enforce the laws of Vermont, Ira Allen was sent to Brattleborough and Guilford on the litli of August, with directions to " observe the motions of the people " who were favorable to JSTew York, in order that Governor Chittenden might determine upon the proper time to carry into effect the act of the Legislature con- cerning conspiracies which had been passed with special refer- ence to the present condition of the southern section of Wind- ham county. Scarcely had he accomplished the object of his journey, when an event occurred which proved that the new government could not be too active in its intended operations. In a Justice's court in Windham county, organized by au- thority derived from the laws of Vermont, and held by John Bridgman, judgment had been rendered, on the 29th of July, against Timothy Church of Brattleborough, at the suit of Ger- shom Orvis. A writ of execution was accordingly issued on the Stli of August, and Jonathan Hunt, the high sheriif of the coun- ty by appointment of Vermont, was directed to levy on the 1782.] THE MILITARY BKOUGHT INTO REQUISITION. 439 goods of said Cliurcli, and in case of a deficiency to commit him to prison. Cliurch, being a Yorker, did not recognize the authority of Yermont and determined to resist it. On the 22d of August, the sheriif waited on Church and made his demand. Church refused to satisfy it, and declared that nothing shoukl be taken off his farm unless the sheriif should prove the "stouter'' man of the two. The sheriff ihen approached Church and claimed him as his prisoner. By this time, there had assembled at Church's dwelling a number of his friends, who had resolved that he should not be taken unless by a voluntary submission. When the sheriff endeavored with the help of some of his assist- ants to drag Church from the house, the latter resisted and plainly told the sheriff that he would not go. In the further exercise of his authority, the sheriff" commanded Joseph Cham- berlain, Joseph AYliipple, and Jonathan Church, to aid him. " He is not agomg to take Church, my word for it," said Cham- berlain to his companions, and, before the sheriff could secure his prisoner, tlie three Yorkers whom he had ordered to assist him, had blocked up the door- way and released Church from the grasp of the law. Content to await the time when the civil should be supported by the military arm, the sheriff and his assistants departed, not at all displeased that the resistance with which they had met, was to furnish them with a most po- tent argument in pursuing the course upon which the state had already determined. On the 21st of June, the time of the passage of the act for the " punishment of conspiracies," another act had been adopted, by which authority was given to the Governor as Captain-General, to direct any officer in the state to raise men, and employ them in assisting the sheriffs, in their respective counties, in the per- fornumce of their duties. By the same act, the Commissary- General was authorized to furnish the men so raised with the ne- cessary stores. Having been foiled in his attempts to enforce the laws of the state, the sheriff of "Windham county made applica- tion for a military force to support him. At a meeting of the Council, held on the 29th of August, his application Avas pre- sented, and a resolution was passed recommending to Governor Ohitteriden " to raise one hundred and fifty men as volunteers" within Col. Ebenezer Walbridge's regiment on the west side of the mountains for the purpose of aiding the civil authority of the state in Windham county. The Governor was also request- ed to place the volunteer troops, and all others which should be 440 HISTORY OF EASTERN VERMONT. [1782. raised for this service, in the coiumand of Brig.-Geu. Ethan Al- len. On the 2d of September, the Governor, willing to employ efficient means to quell the insubordination of the Yorkers, em- powered Ethan Allen to raise two hundred and fifty men ; one hun- dred and fifty in Walbridge's regiment, and one hundred in the regiment commanded by Col. Ira Allen, and to march them into "Windham county, as a posse cormtatus for the assistance of the civil authority. Consultations were now held ; ammunition and provisions were collected ; the order of march was settled ; and messengers riding post, between Bennington and Brattlebo- rough, kept the friends of Vermont on both sides of the moun- tains informed as to the measures which were then in progress. Precautions were also taken that the plans of the Yermonters should be kept secret. Guards were placed on the several roads crossing the mountains, who detained all persons going east- ward with the exception of the messengers. So effective was this vigilance, that the Yorkers were only apprised by faint and uncertain rumors, of tlie events which were so soon to ha]3pen. A week had passed since Ethan Allen had been placed in command of the troops, and the preparations which he and his associates had been making were now completed. On the even- ing of Sunday the 8th of September, the various companies from the towns in Bennington and Rutland counties, began to collect at Bennington, which jjlace had l^een selected as a rendezvous for tlie troops. Portions of the regiments of Colonels Walbridge and Allen had volunteel-ed their services on behalf of the state, and although the force was not as large as that which Governor Chittenden had washed to raise, its appearance was in no mea- sure contemptible. Long before sunrise on Monday the 9th, the whole party numbering about two hundred men, mounted, and under the command of Ethan Allen, were under full march towards the seat of conflict. On reaching Marlborough, Ira AUen, with a force of twenty men, was dispatched to arrest Timothy Phelps who resided in that town, while the rest of the company pushed forward to engage in exploits of equal daring. Being a warm friend and hearty supporter of the jurisdiction of New York, Timothy Phelps had for a long time been regard' ed with especial hatred by the Vermonters. His late accept- ance of the office of high sheriff of Cumberland county had not tended to lessen this impression, and the violence of his temper had rendered him, in the opinion of liis opponents, as much an 1TS2.] COL. WILLIAM WILLLV3IS. 441 object of fear as of dislike. Already had one oflScer acting under Vermont experienced the unpleasant effects of his rage, and felt the force of his nerved and steady arm. The circum- stance was on this wise. One morning as Mr. Phelps, j^itch- fork in hand, was feeding his oxen, a constable with a few attendants appeared, made proclamation that he should distrain the oxen for taxes, and proceeded to drive them off. Deter- mined not to submit without a struggle, to a power which he scorned to recognize, Phelps placed himself before the oxen, anncd with his pitchfork, and ordered the constable to desist at his peril. To this command the constable paid no attention, but persisted in his attempt to take the cattle. Enraged at this conduct, Phelps raised his fork, and, swinging it with good effect, laid the officer senseless on the gi-ound. Seeing their leader fall, the assistants fled, while Phelps after securing his property went about his business, leaving the discomfited con- stable to depart at his leisure. Such was the man whom Ira Allen was now seeking to encounter. Desirous of availing himself of every means which would increase his chance of success, he determined to secure the co-operation of some of the residents of the town, and for this purpose waited on Col. William "Williams, and explained to him the cause of his visit. This gentleman, remarkable for manly beauty, elegance of form, and agreeableness of manners, was also distinguished for his bravery and enterprise, and had been more active and useful in the settlement of the town than any of his contemporaries. At the battle of Bennington, he had distinguished liimself at the head of his regiment, and was now an open and avowed supporter of the government of Yermont. His pleasant residence, built upon an eminence west of Mill brook, was in full view of the dwelling of Mr. Phelps, between whose family and his own, notwithstanding the difference in their political opinions, an intimacy existed which had not yet been embittered by jealousy or distrust. He was now called on as a citizen of the state to assist in the execution of its laws, and he could not consistently with loyalty or honor refuse to obey the summons. In accordance with her usual custom on this day, sacred to the rites of the wash-tub and the pounding barrel, Mrs. Phelps with three attendants, namely, a maid-servant, a little flaxen- haired alms-house boy about ten years of age, named Caleb Pond — who then, as in after life, manifested that prudence, 442 HISTORY OF EASTERN VERMONT. [1782. keenness, artifice, and tact, which were the basis of his success in whatever work he engaged — and her son John, had repaired to a little arbor near the fording of Mill brook, for the purpose of " doing up the weekly washing." She had hardly got well into the suds when her attention was attracted by the tramp of feet, and looking up from her work she saw, splashing into the ford-way, more than forty armed men, (for the party had been doubled since it entered Marlborough) all mounted, with swords glittering in the sunlight, piloted and conducted — as she no- ticed with sorrow and surprise — by her old friend and neighbor Colonel Williams. As soon as they had reached the spot where she was stationed, with the spirit of a noble woman whose j)rivacy had been invaded, and with an air as undaunted as that of a hero, she stepped forward and said : " Colonel Williams, you grieve and amaze me. I had not expected such meanness and treachery from a friend like you." With these words, and without waiting to hear the apology which Williams was striv- ing to stammer out, she took her son by the hand, and having ordered her maid to run on, proceeded with quickened step towards her residence a quarter of a mile distant. Meantime the attentive little flaxen-haired youth, having, as if by instinct, snufted the object of this warlike movement, betook himself off with greyhound speed, in the same direction, but by another route. Favored by the cover of a grove of poplars, he suc- ceeded in reaching the house without attracting attention, and warned his master of the danger which threatened. 'No second intimation was needed, and in a few minutes Phelps had gained a place of concealment, as satisfactory to himself as it was diffi- cult of detection by his pursuers. Crestfallen and ashamed, Williams had disappeared by some obscure pathway, leaving Allen and his company to act as their own guides. Ai'riving at their destination, the gallant horse- men wheeled in great military display, and having ridden around the house two or three times, dismounted, forced the door, and went in. Mrs. Phelps, who with her son had ap- proached by a shorter route, entered her dwelling a few moments later, to find it filled by the soldiers whom she had encountered at the brook. " Cowardly miscreants ! " slie ex- claimed, as she glared upon them with a look of scornful con- tempt. A volley of angry eloquence followed this fierce begin- ning, and the downcast looks and uneasy movements of the Y>iirty showed but too plainly how poorly they were prepared to bear 1782.] FIEM AJS[D PEUDENT CO:XDUCT OF MKS. PHELPS. 4.43 tlie taunts of a justly enraged woman. Many of tliem were gentlemen of true spirit, yet on this novel occasion, generous and gallant thougli tliey miglit be, tliey were perplexed to know liow to act. Wishing to end their unpleasant task as speedily as possible, they desired Mrs. Phelps to conduct them to her husband. Her reply was a refusal to gratify their wishes, and a defiance of their power. Enraged at tlieir persistence in searching and inquiring for Mr. Phelps, his loyal wife endea- vored to drive them from the house. Armed with a large kitchen fire-shovel, she warned them to leave, in a firm though stormy and indignant manner. "With her little boy at her apron strings, she pursued her unwelcome visitoi's not only with fierce looks, but with quickened steps and threatening gestures. At one time one might have seen them dodging into a corner, as if to escape an impending blow ; at another, endeavoring to pro- voke a laugh by some affected attempt at wit. But such a scene could not long continue. Her opponents were men whose lessons in the school of humanity had not tended to make them proficients in the employment in which they were now engaged, or taught them to make war on a defenceless woman, or ruth- lessly break the door of her private chamber. The affair had by degrees assumed a farcical aspect. A smile was seen on this face and a smile on that. Pleasant expressions of countenance multijjlied in all directions. A laugh followed — a general laugh, in which not only the brave soldiers, but the heroic woman and her little boy all joined. Good feehng was restored, and then the party were told by Mrs. Phelps in a solemn manner, that her husband was not in the house. Satisfied with this state- ment, which was true, they apologized for the conduct whicli they had been obliged to exhibit, and departed with words of courtesy and respect. Although Phelps had escaped the present danger, through the interference of his wife, yet his prudence did not avail to protect him from the search of his pursuers. Whether a guard was set to watch for his appearance, or whether, as is most likely, he chose to suffer with his friends, and with this design sliowed himself in public, does not plainly appear. Before the day had closed he was a prisoner in the hands of the Vermont- ers. The circumstances of his capture rest j)artly on tradition. As Ethan Allen approached him, Phelps in a loud voice announced himself as the high sheriff of Cumberland county, bade Allen go about his business, denounced his conduct and 4M HISTORY OF EASTERN YEEMONT. [1782. that of his men as riotous, and ordered the military to disperse. "With his usual roughness, Allen knocked the hat from the head of the doughty sheriff, ordered his attendants to " take the d — d rascal off," and galloped away to superintend the operations of other portions of his forces. Since morning the strength of the Yermonters had been con- siderably augmented by the mihtia of Windham county. Cap- tain Warren of Marlborough had brought twenty-seven men into service ; Captain Duncan of Dummerston eighty-three ; Captain Wheeler of Wilmington forty-six ; Lieutenant Moor of Cumberland twenty ; and another officer twenty. By these additions from the brigade of Brig.-Gen. Samuel Fletcher, who commanded in person, and who was supported by Col. Stephen K. Bradley, Lieut.-Col, Charles Kathan, and Adj. Elkanah Day, the Yermonters were able to present a force of four hmidred men, ready to act as should best serve the purposes and welfare of the state. Detachments had been sent into the towns of Brat- tleborough, Halifax, and Guilford. In the latter place, Ethan Allen towards the close of the day awaited the arrival of prisoners from the neighboring towns. Col. Walbridge, who, with a party of men, had been sent into Halifax, succeeded in arresting Maj. William Shattuck, Capt. Thomas Baker, and Ensign David Lamb, three of the leading Yorkers in that town, and conducted them under a strong guard to head-quarters. In Guilford, Maj . Henry Evans and a number of others were taken, and although resist- ance was offered, yet the Yermonters were not only too nume- rous, but were also too free in the use of powder and ball to be overcome by their surprised and unarmed opponents. In the evening, with the view of reaching Brattleborough that night, Ethan Allen, with his troops and prisoners, left Guil- ford. Meantime the Guilfordites had assembled, with a deter- mination to defend their lives and property, and to the number of forty-six had stationed themselves by the side of the road over which the Yermonters were to pass. As the latter came in sight, they were received by a volley from which they were glad to retire with all the speed which they could command from their jaded horses. Having reached a place of security, a con- sultation was held, and propositions of a savage nature were discussed during the half hour they were in conclave. Some demanded of their leader that a prisoner should be sacrificed for each one of his men who should be killed by the Yorkers, Mdiile others advocated the observance of the common rules of wai'- 1782.] DOINGS OF ETHAN ALLEN. 445 fare. Aware of the power of his presence, and of the terror which he was able to inspire in others, Allen again placed himself at the head of his men, and having ordered that mercy should be shown to no one who should offer resistance, returned on foot to Guilford. He advanced without molestation, and on reaching the town made proclamation to the people in these words : — " 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 peacefully submit to the authority of Vermont, I swear that I will lay it as desolate as Sodom and Gomorrah, by God." "Words like these uttered by one whose name was a terror, and supported by men enraged and resolute, could not be disregarded with impunity. No sooner did the attack begin than the terrified Guilfordites fled in the utmost confusion, leaving behind them neither the dead, the dying, nor the wounded — leaving nothing but the remembrance of their presence and the prints of their retreatmg footsteps. Allen and his detachment, satisfied with their victory, were allowed to make their journey to Brattleborough without further moles- tation. On reaching this place, the party was augmented by the de- tachments which had been sent in pursuit of oftenders, and by a number of prisoners. Among the latter was Timothy Church, Lieut.-Colonel Commandant by appointment of Governor Clin- ton, of the militia in Cumberland county. On the lOtli, the prisoners set out under a strong guard for "Westminster. To ensure protection to his men, general orders were given by Ethan Allen to kill without quarter any person who should fire upon the troops ; and the greatest precaution was taken to pre- vent a rescue on the part of the Yorkers. As soon as the irrup- tion of Allen and his troops became known, many of the mili- tary companies in the county immediately marched to his aid, and placed themselves at his service. The militia of the west parish of "Westminster, though regularly organized, were for some time in doubt as to the course they ought to take. True to the cause of Vermont, they were still unwilling to assist in disturbing their neighbors, who differed from them on the question of jurisdiction. But on the morning of Tuesday the 10th, although their captain. Deacon Ephraim Ranney, refused to lead them, the}'^ concluded to wait on Gen. Allen, and with this intention were advancing towards Brattleborough, wlien, on the " edge of Dummerston" they met hiui and his forces. 446 HISTORY OF EASTERN VERMONT. [1782. Turning about tliey joined liis retinue and accompanied liim to Westminster where the prisoners, twenty in number, were lodg- ed in the jail which was guarded by a strong force. Though deprived of their liberty, the captives were not resti-ained in the use of the tongue. Phelps declared, that as sheriff of Cumberland county he had a right to command the jail, Init the assertion had no perceptible eftect, either on Jona- than Hunt the sherilf of Windliam county or on George Foot the jailer. " You have used us well," said Church to the guards, " and I expect soon to have you confined, and I will treat you likewise. To-morrow morning, by nine or ten o'clock, you shall be here in our stead, and we will be walking about." Evans entertained the same opinion ; and they all announced with con- fidence the sj)eedy ai-rival of a force from ISTew York w^hich would release them from prison, and punish the mob for their insolent and seditious behavior. But their predictions, with whatever sincerity they might have been uttered, were not to be fulfilled. On the 11th, a special term of the Superior court was commenced at West- minster. Tlie bench was occu]3ied by Moses Robinson, the chief judge, and by Dr. Jonas Fay, John Fassett, and Paul Spooner, side judges. Stephen Row Bradley ajDpeared as the state's attorney, and William Gould as clerk. A grand jury was drawn of which William Simonds was foreman, and the court was declared duly organized. In the means Avhich had been employed to arrest the obnoxious Yorkers, lit- tle attention had been paid to legal forms, and the civil had been almost wholly sujDerseded by the military arm. For this reason great care was now taken that all omissions should be supplied, lest the disregard of laws and statutes which had been manifested should be quoted as a precedent on some future occasion. The principal ofienders were first brought to trial. The presentment made by the grand jury, contained charges against Timothy Church, William Shattuck, Henry Evans, Ti- mothy Phelps and Charles Pheli^s. In the quaint, but emphatic language of the old forms, " not having God before their eyes, but being moved and seduced by the instigation of the Devil," it was asserted that, on the 1st of August preceding, at Guilford, and on other occasions, both before and after that time, they did " with force and arms treacherously and perfidiously con- spire an invasion, insurrection, and public rebellion against this state, by their treacherously assembling together, consulting and 1782.] TRIAL OF THE YORKERS. 447 advising together of the means to destroy the constitution of this state, and subvert the freedom and independence of the go- vernment thereof." It was also charged, that in order to accom- phsh these ends, and to bring the government into the hands of the people of the state of New York, they had written letters and sent messengers to Governor George Clinton, calculated to incite him to invade the state of Vermont ; and that they had often met for the purj)ose of imprisoning the freemen of the state, and withstanding its lawful authority. Strenuous efforts had been made to arrest Charles Phelps, whose name was included in this indictment, but he had succeeded in eluding the vigilance of the militia. All the others against whom charges were found were called to the bar, and being put to plead, pleaded not guilty, and for trial " threw themselves on the country." A jury was accordingly empanelled and the trial began. In support of the charges alleged, fifteen witnesses appeared who testified to the seditious behavior of the accused both in word and act, on many occasions during the preceding six months. It was shown that Church had refused to submit to an execu- tion which had been levied upon his property (or, in case this could not be seized upon, himself), and, that he, with the aid of his friends, had resisted and repulsed the sheriff when he endeavored to arrest him ; that he had received the civil and military commission papers which had been sent from New York, and had distributed them as directed; that he had always been at the committee meetings of the Yoi'kers, and had encouraged the people to opposition by asserting that Gov. Clinton had engaged to send an armed force into the county, and by adding his opinion that the Governor would be as good as his word. But it also appeared that he had distrusted the issue of the cause in which he was engaged, for he had once stated that if the Yorkers could not carry their points, he would submit to the government of Vermont. It was proved that Shattuck, when starting for New York early in the summer, had boasted that he should obtain assistance from government, and would " drive the matter warmly " when he returned ; that he had counselled the people to continue their opposition to Yermont; had declared that he would do all that he could both in public and private to oppose the state ; and had verified this declaration by his acts. The testimony concerning Evans showed that he had often avowed his determination to with- 44S HISTORY OF EASTERN VERMONT. [1782. stand the jurisdiction of Yermont even " unto blood," and to use his own words, had declared his readiness " to try it on " whenever the Yermonters should see fit to fight ; that he had resisted Yermont constables ; had assisted in rescuing propert}'' that had been lawfully seized by the sheriff ; and had expressed his hatred of the new state and its ofiicers in the most violent and seditious terms. Evidence was also adduced, proving that Timothy Phelps, in the capacity of high sheriff of Cumberland county by appointment of ISTew York, had often said that he would execute warrants " at the risk of his life ;" that he had even endeavored to seize a Yermont constable, and had in one instance arrested a man, conveyed him to his (Phelps's) house, and there ke^Dt him under guard until he was retaken by his friends. Such was the nature of the testimony introduced by the pro- secuting attorney. It does not appear that any attempt was made by the defendants to disprove the statements of the opposing witnesses, and in this condition the cases were left with the jury. By their verdict the delinquents were found "guilty of the facts charged in the indictment." The court therefore gave judgment "that Timothy Church, William Shattuck, Henry Evans and Timothy Phelps be each of them taken from the bar of this court back to the common gaol of this 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 said county from the said common gaol and car- ried without the limits of this state ; and that they be then and there forever banished from this state, not to return thereto on penalty of death ; and that all their goods, chattels, and estates be condemned, seized and sold, as forfeited to the use of this state." The first part of this sentence was immediately carried into execution, and the prisoner were confined in the jail rooms on the lower floor in the north part of the building in which the court were convened. Attachments were also issued, and ofiicers were dispatched to take the property of the crimi- nals. Of the effects of Shattuck, a constable made return that he had attached " about eighty acres of land in Halifax, with the buildings thereon standing ; about ten tons of hay ; a small quantity of rye in sheaf ; a considerable quantity of flax spread on the ground ; and about two or three acres of Indian corn standing on the ground." In the words of Timothy Phelps, " all his goods were sold, except his wife's apparel, the beds, and one cow." The estates of the others were taken in like 1782.] PROCEEDINGS AGAINST CHARLES PHELPS. 449 manner, and tlie proceeds of the sales wliicli followed, were appropriated to the use of tlie state. Although Ethan Allen and his men had failed in their attempt to arrest Charles Phelps, another effort, instigated by the state's attorney, was made to take him. In the complaint presented to the com*t in this case, charges similar to those which had been brought against the other offenders were preferred. In addition to these it was stated that Phelps had brought into the state of Vermont, " a seditious libel, tending to stir up a public rebellion ;" that he had written, printed, and published abroad, " a seditious libel, with a manifest intent, wittingly and design- edly to raise an insurrection and public rebellion" against the state; and that there was the highest reason to believe that there were in his possession " a number of books, writings, and manuscripts," whose tendency was to weaken and destroy the government and constitution as established. A warrant for his arrest, and for the seizure of his books, was accordingly issued. The search for Phelps was unsuccessful, but his books and manuscripts were seized, and having been brought into court were retained as confiscated to the state. Such of them as were obnoxious were probably destroyed or concealed, and the remainder were sold under the hammer.* On the 12th a number of the other delinquents were brought to trial. Complaint was made against Joseph Chamberlain, Joseph Whipple, and Jonathan Church, who, on the 22d of August previous, had rescued Timothy Church from the hands of the sheriff as has already been related. Chamberlain was adjudged guilty of participating in this act, and was sentenced * The library of Charles Phelps, was, it is supposed, the most valuable in the state of Vermont, at the period to which allusion is made. The sale of this col- lection, enriched many a previously scantily-supplied shelf. Even now the old volumes of this uncompromising Yorker, are to be found scattered here and there in the farm houses of the descendants of those who bought them in those troublous times. Among the works seized by the sheriff, were a number belonging to Mr Phelps's son, Solomon. By a special order of the court granted at the session in February 1783, it appears that "Salkeld's Reports, 1 vol., Milton's Paradise Lost, Telemachus, 2 vols.. Lord Bacon's Essays, and such other books as the said Solo- mon Phelps's name is inserted in," were restored to that gentleman. This dis- position to make restitution did not long continue. By an entry in the Journals of the Assembly of Vermont under date of the 14th of October, 1783, it appears that " the petition of Solomon Phelps representing that a number of his books, seized by order of the Supreme court, are in the possession of Stephen R. Bradley, Esq., and praying an order of this House for the restoration thereof," was read, and dismissed by a resolution. 29 450 HISTORY OF EASTERN VERMONT. [1TS2. to pay a fine of £20, also the costs of prosecution, and to stand committed until judgment should be complied with. Of those who had been engaged at Guilford on the 10th of May pre- ceding, in rescuing a cow which had been taken on execution by deputy sheriff Barzillai Rice, Joseph Peck who acted as a ringleader on that occasion, was declared guilty of the charges preferred against him, and was mulcted in the sum of £30 and costs. Asaph Carpenter, Edward Carpenter, and Shubael Bul- lock who had assisted in the rescue, were fined £20 and costs. Stephen Chase who pleaded guilty to the same charge, was released on giving bail to the amount of £30, to be forfeited in case he should leave town without the order of the court. On the following week he was fined £4 and costs.* A present- ment was then made by the grand jury charging that Joseph Peck, " on the 1st day of July last past, not being a continental officer, did accept and hold a commission, not derived from the authority of the people of this state, to wit, a commission of captain of part of the militia of Guilford, under the authority of the people of the state of ISTew York, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the freemen of the state of Vermont." The charge was not, however, sustained. Peck was declared not guilty, but was obliged to discharge the costs of j)rosecution. This failure to prove the accusation, arose from an error in the indictment. It was charged that he held a captaincy under New York, " on or about the 1st day of July last past." His commission, on the contrar}^, bore date the 24th of July, and he did not receive it until the beginning of August. Twenty other persons were presented by the grand jury as holding commis- sions derived from New York, but as many of them had not been arrested, it was thought best to delay the prosecution, and the cases were for the present reserved. The circumstance and result of the irruption of the Yermont- ers, were early made known to the border residents of New Hampshire and Massachusetts, and were accompanied with earnest and oft-repeated applications from the Yorkers for assistance. Some of the inliabitants of Massachusetts were dis- posed to grant the desired aid, and letters and messengers were dispatched in various directions to ascertain the opinions of * In answer to an application made by Chase, the fine was remitted by a reso- lution of the Council of Vermont, passed June 8th, 1785. 17S2.] NOISY BOASTFULNESS OF ETH^\JSr ALLEN. 451 those with whom rested the poM^er of deciding upon the pro- priety of interference. One officer wrote to another in these words : — " I recommend it to jonr wise and prndent considera- tion, if it be not our duty to recommend it to our officers and soldiers to ride up, armed well, to Guilford where thej are committing those war hostilities." Tlien, referring to the Yorkers, he added : — " You and I are, with all the United States, bound bv the confederacy to protect them from all such vio- lence." But a sentiment adverse to interference prevailed, and Vermont and New York, occupying now a position clearly antagonistic, were left to pm'sue the course which strength or policy might dictate. Flushed with success, Ethan Allen was unable to restrain his blatant boasting and vulgar oaths. Against Clinton, in particu- lar, did his wordy rage vent itself in torrents of abuse. " Had I but the orders,'" said he, " I could go to Albany and be head monarch in three weeks, and I have a good mind to do it." In an interview which he held with Shattuck, he endeavored to persuade him to renounce his allegiance to New York, and unite with Vermont ; assured him that Congress had no right to pass any resolutions respecting Vermont ; and employed a variety of arguments to show that Congress were in reality willing that Vermont should be a separate state. This latter argument was also made use of by the state's attorney. " You are deceived by Congress," said he to the prisouers ; " you have placed your de^^endence upon the hope of obtaining from them a decisive resolution favorable to your desires, and have been duped." The remainder of the session was occupied in disposing of such minor matters as required immediate attention. Knowing that the arrest of many of those who had been charged with seditious behavior would be attended with, great difficulty, the court chose to pursue towards them a method more stringent even than that which had been already adopted. By a stretch of power they resolved on the 13th, to seize and confiscate the estates of the Yorkers against whom they held warrants but whose persons they could not find. To enforce this resolution, Ethan Allen determined to make a new levy, and requested Gen. Fletcher to raise in his brigade " two hundred able, effect- ive men, equipt for war to assist the civil authority in carrying into execution" the laws of the state. Of this number, Fletcher desired Col. Stephen R. Bradley to raise in his regiment one 452 HISTORY OF EASTERN VERMONT. [1TS2. half, either " by draft or volunteers ;" to supply them with three days' provisions ; and march them " so as to rendezvous at Landlord Arms's in Brattleborough on Monday evening next in order to advance to Guilford on Tuesday morning." Aided by & posse comitatus of such power, the sheriif and his assistants experienced but little difficulty, and no opposition, in performing the task assigned them. The result of their foray was entirely successful. The terrified Yorkers fearing Ethan Allen " more than the devil" as some of them declared, fled from their farms and dwellings at his approach, leaving every- thing at the mercy of their opponents. Upon these deserted premises the Yermonters entered, taking in the name of the state whatever they desired. They drove ofi" one hundred and fifty head of cattle besides sheep and hogs unnumbered. They took possession of barns well filled with produce, thrashed out the grain and carried it away. They left warrants for those whose property they had despoiled, but whose persons they had not yet taken, and infonned them by message that they would be bound for trial or committed to jail should they be once ar- rested. On Saturday, the 14th, the court adjourned sine die, and the prisoners who had not yet been brought to trial, and who had been taken since the session began, numbering thirteen in all, were subsequently marched to Marlborough there to await the further order of their captors. In order to satisfy the demands of justice, another special ses- sion of the court was commenced at Marlborough, on Tuesday, the lYth. On this occasion the indictments were drawn with care, and no difficulty was experienced in obtaining a conviction. Hezekiah Broad, Daniel Lynd, Joshua Lynd, and Samuel Me- lendy, all of Guilford, pleaded guilty to the charge of having been engaged in rescuing a cow from the ha^ds of the deputy sheriff on the 10th of May previous. Broad was fined £12 ; Daniel Lynd, £4 ; and Melendy £3. Each was required to dis- charge the costs of his suit, and to enter into a recognizance to the amount of £50 " to be of good behavior towards all the good and liege subjects of this state, till the 1st day of February, A. D. 1783." Joshua Lynd was mulcted in the sum of £2 and costs. Tliomas Baker confessed to the acceptance from the state of ISTew York, of a captaincy in the militia company of Halifax ; David Lamb to the acceptance of an ensigncy in the same organization ; Simeon Ferrel and Isaac Weld to the ac- ceptance, the one of an ensigncy and the other of a lieutenancy 17S2,] FURTHER PROCEEDINGS AGAINST YORKERS. 453 in the Guilford militia ; and John Alexander to the acceptance of a lieutenant's commission in one of the companies of Brattle- borongh. Baker's fine and costs were fixed at £7 15-s. Qd. '■, those of Lamb, at £7. Weld was fined £2 10s. and costs. Fer- rel* and Alexander were mulcted the one in the sum of £2, and the other in the sum of £20 ; both were charged with costs and were required to enter into a recognizance of £50 each, to be forfeited in case they should not act with propriety during the next four months and a half. Joseph Coleman and Eleazer Church charged with disobedience to the laws of the state, gave bonds for their good behavior and were acquitted without fine. On the 19th, the last day of the session, Samuel Ely of Con- way, in the county of Hampshire, Massachusetts, but lately a resident in the town of Wilmington, Vermont, was brought to the bar for trial. A bold, but rash and impetuous man, he had served in the battle of Bennington as a volunteer, and being connected with no company or regiment had fought without the advice or direction of any person. He had been court-mar- tialed after the action on account of his singular conduct in retaining a large amount of valuable ]3lunder, but had been honorably discharged on proof that he had taken only such arti- cles as he had won in his OAvn independent method of warfare. Since that period his restlessness had engaged him in many scenes of an unpleasant nature, and had finally resulted in his arrest under the laws of Yermont. In the presentment of the state's attorney, it was charged that the prisoner, " not having God before his eyes, but being moved and seduced by the instigation of the Devil ; and little regarding the laws of this state or the penalties in the same contained ; and being a pernicious and seditious man, and a person of depraved, impious and disquiet mind, and of a seditious disposition and conversation ; and con- triving, practising, and falsely, maliciously, turbulently, and sedi- tiously intending the peace and common tranquillity of the free- men of the state of Yermont to disquiet, molest, and disturb ; and to bring his Excellency, Tliomas Chittenden, Esq., Gover- nor of said state, the Honorable Council and House of Represen- tatives (being the general supreme court of justice in the afore- * At the conclusion of the trial, Weld took the oath of allegiance to Vermont in open court. By an entry in the Council records of the state, dated Westmin- ster, October 18th, 1783, and signed by Lot Hall, seeretary^ro tempore, it appears that the fines of Weld and Ferrel were remitted on that occasion, upon the plea of Thomas Cutler. 454 HISTOKT OF EASTERN YEEMONT. [1782. said state of Yermont,) and the proceedings of tlie same iuto great hatred, contempt and scandal with all the good and faith- ful subjects of this state; and the magistrates, judges and jus- tices within said state, and the generals, colonels, captains and other military officers of this state to scandalize, villify and bring into contempt" — in the presentment it was charged that the prisoner influenced bj these unworthy motives, and in order " his most wicked contrivances, practices, and intentions afore- said to compleat, perfect and render effectual," did on the 10th of July preceding, and at other times, " say, assert, affirm and pronounce, and with a loud voice did declare these false, maU- cious, seditious and opprobrious English words following, that is to say : — ' The state of Vermont is a damned state, and the act for the purpose of raising ten shillings upon every hundred acres of land is a cursed act, and they that made it are a cursed body of men.' " It was also asserted that " in further prosecution of his malice" he did publicly declare "that the general or supreme court aforesaid were a pack of villains, and that if no other person would undertake to overturn or destroy the govern- ment of Yermont, he, the said Ely, would do it, and he had got that in his pocket which would overset them." In addition to these charges it was alleged that he did " damn the state of Yermont and all its officers, and did curse the laws of the same as passed by the General Assembly thereof." Such were the accusations which the redoubtable Ely was called upon to con- front. "Witnesses from Wilmington testified to the truth of the charges, and the jury announced to the court through their foreman Jonathan Underwood, their decision that the prisoner was guilty of a breach of an act of the state, entitled " An act for the punishment of defamation." In conformity with the choice vested in the court to punish defamers by fine, imprison- ment, disfranchisement or banishment, according to the nature of the offence, Ely was ordered to be taken to the guard house in Marlborough ; thence, on the morrow to be conveyed to the limits of the state ; to be then banished and forbidden to return until eighteen months from date should have expired, on penalty of being imprisoned the same length of time. With this trial ended the first resolute attempt of the govern- ment of Yermont to enforce obedience to the laws of the state by the civil and military arm combined. The proceedings attendant upon this manifestation, were, in some instances, 1782.] UNNECESSAKY SEVEPJTY. 455 umiecessarilj severe and cruel. Many of the prisoners during tlieir confinement at Westminster and Marlborough, suifered severely from want of food and other necessaries. Two of them, during eleven days' imprisonment, were aUowed but four meals of victuals by their guards. Ethan Allen himself acknowledged, that the method which had been pursued by him was " a savage way to sujDport government." At the same time he declared that he could not have carried his point in any other manner. Satisfied with the policy that had induced these acts, he and his friends exchanged congratulations at the part they had taken in the Guilford war, and made known their determi- nation to present to Congress a full report of their doings.* * MS. Records of Superior court of Vt, Sept., 1782. MS. Depositions. Laws of Vt. Yarioufl MS. Testimony, Letters, Affidavits, etc. Thompson's Gazetteer, p. 143. CHAPTER XVII. ATTEMPTS TO OBTAIN THE INTERFERENCE OF CONGRESS. Charles Phelps and Joel Bigelow repair to Pouglikeepsie — Public and private letters of Gov. Clinton to the New York delegates in Congress — Clinton to Bigelow — New York delegates to Clinton — Depositions of Yorkei-s — C. Phelps proceeds to Philadelphia — Church, Shattuck, Evans, and T. Phelps — Statement of grievances by the New York adherents — Shattuck and Evans with Gov. Clinton — C. Phelps before Congress — Shattuck and Evans visit Philadelphia — Action of Congress — Persistence of C- Phelps — Congressional resolves — Desti- tution of Shattuck, Evans, and C. Phelps — Resolutions of the 5th of December — Further action of Congress — Gov. Clinton to the convention of committees — Strife between the Yorkers and Vermonters — Proposal for a temporary settle- ment of difficulties — John Bridgman taken, and released on parole — Governor Chittenden's letter about the Yorkers — Report that Col. Church was to be hanged — Effect of the resolves of the 5th of December — Correspondence between the Yorkers and Gov. Clinton — Letter from Governor Chittenden to the President of Congress — Remonstrance of the General Assembly of Vermont to Congress. On the lltli of September, the day on which the trials of the prisoners taken by Ethan Allen commenced at Westminster, a number of the citizens of New York, in Cumberland county constituted Charles Phelps their agent to visit Governor Clin- ton, to repair to Congress, and to act for them in matters j)er- taining to the controversy, " as he in his prudence and discre- tion," should think proper. Knowing that a warrant had been issued for his arrest, and that the militia were endeavoring to take him, Phelps strove to avoid their vigilance and ulti- mately succeeded. Though desirous of visiting his family before proceeding on his mission, he was obliged to leave with- out seeing them. While on the road and before he had left the state, he was pursued by eight or ten men for several miles, but fortunately escaped. Having obtained a supply of clothing from his friends in Hadley, he made the best of his way to Poughkeepsie. On the same day Joel Bigelow, of 17S2.] ADVICE OF CLrNTON. 457 Guilford, left for the same place, for the pur}30se of acquainting Governor Clinton with the late proceedings. Travelling with greater expedition than Phelps, he reached Dutchess county before him, and, on the 15th of September, made a deposition before Justice Melancton Smith, concerning the conduct of the Yermonters, and the manner in which they had been received by the Yorkers. Tliis deposition was immediately transmitted to the delegates in Congress from New York, with a request that it might be communicated to Congress as soon as possible, inasmuch as it clearly evinced the necessity of a speedy determination of the boundary dispute, or at least of an interference which should preserve the public peace until the controversy could be finally decided.* In a letter dated the 16th of September, and accompanying the deposition. Governor Clinton announced it as a fact, " un- deniably true," that the government of New York and its subjects on the " Grants," had strictly adhered to the recom- mendation of Congress " in abstaining from the exercise of any authority over persons professing subjection to the pretended state of Yermont." He detailed the advice which he was about to transmit to his oppressed fellow-citizens in Cumber- land county ; referred in a pointed manner to what he deemed the duty of Congress ; and concluded in these words : — " From the spirit and determination of the inhabitants of several towns on the east side of the mountains who have resolved to experience every inconvenience rather than swerve from their duty and allegiance to the state [of New York], imtil Congress declares the ' Grants' not to be comprehended within our boundaries, I am induced to believe this [outrage] will lead to more serious consequences for which, however, I do not consider either the state or myself responsible." In a supplementary note of a private nature, the Governor requested the delegates, " without mentioning this intimation," to read his communication publicly in Congress when the deposition should be introduced. " In a letter to you," he observed in explanation, " I can use a freedom which in an address immediately to Congress might be conceived rather derogatory to their dignity .... I feel the honor of the state and myself hurt, that my repeated applica- tions to them for a decision of the controversy have been not only ineffectual but even unnoticed. You are fully sensible of * MS. Commission and Deposition. 458 HISTORY OF EASTEEN VERMONT. [1Y82. inj situation, and of the condition of the state to assert its rights, and I flatter myself you feel for our unfortunate fellow- citizens who are thus exposed to outrage and injury. I have, therefore, only to add an earnest request, to use every means for inducing Congress to attend to this very important business. Tlie unfortunate people who are now made prisoners by the in- surgents, having in every instance religiously adhered to the recommendation of Congress, conceive they have a just claim to their protection, and consequently look up to them for a speedy and effectual interposition for their relief."* Having dispatched the letters and deposition to Philadelphia, Governor Clinton placed in the hands of Mr. Bigelow a com- munication directed to him, and intended for the perusal of the unfortunate sufferers by the " late outrage." The advice which he gave was well in keeping with the character of the man. " I would as heretofore," said he, " recommend to om* friends, still to persevere in the Line of conduct pointed out by the resolve of Congress, in abstaining from all acts of force or violence except when their immediate self-defence shall compel them to have recourse to resistance by arms. At the same time, should the government of the pretended state continue to hold the prisoners in confinement, I would then think it justifiable and advisable that attempts should be made for their release ; and if this cannot be effected, then that an equal number of the insurgents should be taken and brought to thisf or any other place of security in the state, where they can be detained as hostages for the security and indemnity of the sub- jects of this state whom they have made prisoners of.":}: Tlie dispatches of Governor Clinton having been received at Philadelphia on the 20th, an attempt was made by the New York delegates to read them in Congress without delay, but a pressure of business of greater importance rendered this course impracticable. Tlie person by whom the papers had been sent being apprehensive that his poverty would not permit him to tarry long in Philadelphia, left without the information of which Clinton had hoped he would be the bearer. Assurances were however conveyed to the Governor of the interest which others beside himself felt in the result of the late occurrences. * George Clinton Papers, in N. Y. State Lib., vol. xvi. docs. 4761, 4762. \ Poughkeepsie. \ Doe. Hist. N. Y., iv. 1012, 1013. Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 41. 1782.] BIXBy's COaiMUNICATION TO GOV. CLmTON. 459 " This new and unexpected violence," wrote the delegates, " offered in direct opposition to the recommendations of Con- gress to those peaceable citizens who have always strictly ad- hered to the same, and the dangerous consequences which may ensue from such evil examples, will, we trust, induce Congress immediately to interpose and exert their authority for the relief and protection of those unhappy people, our fellow-citizens, now made prisoners by a lawless power. Tour Excellency may rest assured that we shall exert ourselves to the utmost for their relief, and that measures may be adopted for the future protec- tion of the adherents to our state who reside in that district of country."* In order that Governor Clinton might be fully informed of the conduct of the Yermonters, the depositions of Thomas Baker and David Lamb, two of the suiferers by the " late outrage," were sent to him by Samuel Bixby, the clerk of the 'New York convention of committees. In an accompanying communi- cation, dated the 22d, Bixby stated that the sentence which the prisoners had received was contrary to the laws of Yermont, as they were not taken under arms, which was the only condition on which their conduct was to be adjudged criminal. On this point, however, he was at fault, for the particular act under which they were arrested, denounced punishment against any one who should conspire against the liberty of the state, whether with arms or otherwise. He also referred to the illegality of the proceedings, whereby the same tribunal had held and swayed both the legislative and the executive power. And in this particular his remark was just, for it was by order of the court, and not by legislative enactment, that the officei-s were empowered to seize the property of those against whom charges had been preferred, when it was ascertained that their persons could not be secured. The reply of 'the New York delegates, a part of which has been already recited, was received by Governor Clinton on the 27th, and the information which it contained was immediately transmitted by him, to the conven- tion of Cumberland county. Li the few words of advice which he added, he, as on former occasions, counselled his friends to behave peaceably, and '• not to have recourse to violence or force," unless the immediate defence of their persons and pro- perty should demand the employment of such measures. At * George Clinton Papers, in N. Y. State Lib., vol. xvi., docs. 4772,47'73. 460 HISTORY OF EASTERN VERMONT. [1782. the same time he wrote to Jonathan Hunt, who, as sheriff of Windham county, had taken an active part in arresting the subjects of JSTew York. He reminded him that the proceedings in which he had been engaged were in " direct opposition and contempt of the recommendations of Congress," and warned liim of the " dangerous consequences" which would ensue should he attempt to execute process against those who refused to obey the laws of Vermont.* Soon after Governor Clinton had dispatched the messenger to Philadelj)hia with the intbnnation which Bigelow had brought from Guilford, Charles Phelps arrived at Pouglikeep- sie with accounts confirmatory of the reports which had pre- ceded him. Here he remained until the messenger returned from Philadelphia, when he made known his intention of pay- ing a visit to Congress. Conceiving that his presence there would be of no service to the cause he was eager to advocate, and apprehending he would be " troublesome and perhaps burtliensome" to those with whom lie would necessarily be brought most in contact. Governor Clinton endeavored to dissuade him from going. Nothing could change his determination. Tliough the Governor declined writing by him, lest the delegates should suppose that his visit was made by the Governor's approbation, Phelps departed on the 1st of October, depending on his own resources for the assistance he should require. In conformity with the sentence that had been passed upon them. Church, Shattuck, Evans, and Timothy Phelps were re- leased from imprisonment on the 4th of October. They were then taken under a strong guard across Connecticut river into New Hampshire, where the sentence of banishment was read to them by Samuel Avery, a Vermont deputy sheriff. To this the penalty of death was added, provided they should ever return. On the 24th, the sheriff of "Windham county was directed by a resolution of the General Assembly, to sell their estates as confiscated property, and accept in payment, " due bills, pay-table orders, or hard money." He was also directed to sell as much of the estates of those persons who had been indicted by the grand jurors of Windham county, as should * Soon after the receipt of tliis letter, instigated either by fear or by doubts as to the legality of his course, Hunt resigned his oflBce. Dr. Elkanah Day was appointed in his place on the 16th of October, 1782. MS. Accounts. Doc. Hist. N. Y., iv. 1013, 1014. George Clinton Papers, in N.Y. State Lib., vol. xvi. doc. 4781. Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 48. 1782.] KEPORT OF THE COMMITTEES OF FOUK TOWNS. 461 serve to pay the expense of tlie posse cmnitatus ; and was in- structed to " take the advice of the principal men of the county, and endeavor to levy such expense in proportion to the crimes and abilities of such delinquents." During the confinement of the prisoners, the committees of Brattleborough, Guilford, Halifax, and Marlborough, had been engaged in preparing a report of the grievances to which they had been subjected by reason of their adherence to the govern- ment of New York. This document was full in its details, and embraced the discussion of topics relating as well to the con- dition of the whole state, as to the condition of Windham and "Windsor counties. Among other criminations contained in it, the General Assembly of Yermont were accused of entering into a treaty with the enemies of the«United States, without the knowledge or consent of the people at large, and, when charged with the oifence of flatly denying that any such treaty had ever been commenced. Announcement was also made of the current belief that negotiations had been initiated with the British in Canada, for the purpose of transferring Yermont to the common enemy. Tlie secret policy of the state was con- demned. Governor Chittenden's conduct was pronounced arbitrary. The acts of the Yermont Legislature were declared unauthorized. Taxes which had been levied for the purpose of supporting the government of Yermont were branded as unjust. The finances of the state were represented as impoverished in condition, and the ofiicers to whom the duty of collecting- money had been entrusted were denounced as exacting and heartless men. In view of these charges, the committees expressed their sentiments in language plain and definite. " By a reso- lution of the Assembly of the state of New York, in October, 1781, and one of March, 1782," said they, " it appears that the state of New York are determined to support their jurisdiction over this territory ; and it being our opinion that it was gua- ranteed to them in the confederation by the other states, and that to them we owe our allegiance, we therefore conceive we shall be highly to blame and of course involve ourselves in certain ruin, by resisting or opposing the authority of New York, since by so doing we shall oppose and resist the authority of Congi-ess and of the thirteen United States, and bring ine- vitable destruction upon ourselves. To avoid these evils, we think it our indispensable duty to submit ourselves to the authority of the state of New York." •162 inSTOEY OF EASTEKN VEKMONT. [1TS2. Li the course of this statement of grievances, other actions of the government of Vermont were unsparingly condemned. Tlie late legal enactments concerning those who acknowledged the jurisdiction of New York, were stigmatized with especial bitterness. " We are of opinion," said they, " that the most capital of all the proceedings of this old Green Mountain Core,* is their preparing a law especially for a certain set of people — who, while this territory was under the jurisdiction of New York, were orderly, good subjects to the state of New York, and who never before, when that jurisdiction was regularly supported here, nor since the setting up of this pretended new state, have ever joined the new state, but have ever adhered to the state of New York — by which law they have made it treason to join any of the other states, or to refuse to adhere to the new state of Yermont." Conduct such as this they de- nounced as particularly heinous, since Congress had expressly ordered that the rulers of Yermont should exercise no authority over any person who was unwilling to acknowledge the juris- diction of that state. Continuing in this strain, they detailed the general eifects of the treatment they had been compelled to undergo, and of the sufferings they had borne in behalf of New York, and concluded their statements in these words : — " We conceive there can be no way to ensure peace and prosperity to the people of these ' Grants,' but to put an end to their present policy and government. Perhaps in some future day it may be for the hapj)iness of this part of the country to be made a separate jurisdiction, within such bounds and under such regulations as the United States in their wisdom shall see fit. We think it will be very easy for Congress to point out a way in which justice may for the present be done to all the con- tending and different claims ; but should matters be suffered to go on in the course they have now taken, we cannot imagine where they will end, unless it be in riots, tumults, disorder, and confusion, and most probably in bloodshed among ourselves."t This statement of the associated committees was entrusted to Majors Shattuck and Evans on the 7th of October, to be by them presented to Governor Chnton and the Legislature of New York, Tlie two officers reached Poughkeepsie on the 14th of October, and were courteously received by the Governor, * Corps. f George Clinton Papers, in N. Y State Lib., vol. xvi. doe. 4788. 1782.] COURSE OF PHELPS IN PHILADELPHIA. 463 who listened with interest and attention to their representations. They furnished him with affidavits in which were embodied a full relation of the events which had led to the trial and im- l^risonment of themselves and friends ; a particular state- ment of the conduct of Ethan Allen during the " late violent proceedings ;" and a few suggestions as to the cause of the ap- j)earance of the British at the northward and westward. In tlieir own defence the}'" stated that they had never " made nse of any force or violence to compel such of the inhabitants on the district called the New Hampshire Grants, who professed allegiance to the said usurped government, to renounce their allegiance thereto, or to submit to the government or authority of the said state of New York ; or by any act of force or violence interrupted or prevented the exercise of any authority under the said pretended state of Yermont over such persons as professed allegiance thereto." Governor Clinton immediately notified the information he had received to the New York delegates in Congress. In his letter to them, he enclosed copies of the papers which had been furnished him by Shattuck and Evans. " I think they cannot fail," wrote he, referring to the depositions, " of making an impression on the minds of Congress, not unfavorable to us."* Meantime Charles Phelps having reached Philadelphia, was busied in detailing his misfortunes to those who he hoped would be interested in relieving them. By his own solicitation he obtained permission to appear before the committee of Congress to whoni had been referred the consideration of the troubles in Cumberland county, and on the 8th of October, at an evening session, was engaged for " two or three hours, with very little interruption," in recounting the transactions which had been the cause of his visit. So important were the affidavits which he presented on this occasion, that the committee refused to report upon them until they should have been read in Congress. To this arrangement Ezra L'Hommedieu and James Duane — the two New York delegates then in attendance — were obliged to submit, although by so doing the presentation of the report upon the statements made more than two weeks before was necessarily deferred. Not content with these efforts, Phelj)s in character of agent for the convention of committees from the towns in Yermont loyal to New York, presented a memorial to * George Clinton Papers, in N. T. State Lib., vol. xvi. doe. 4802. 464 mSTOKT OF EASTERN VERMONT. [17S2. Congress on tlie lOtli, in which he stated that his constituents on the " Grants " had considered themselves protected by the resokitions of Congress passed on the 24th of September, 1779, and on the 2d of June, 1780, and for this reason had acted in accord- ance with those resolutions. He also declared his belief that the persons who had been imprisoned for refusing to acknowledge the jm-isdiction of Vermont would be sent to Canada. In his own behalf he prayed that measures might be taken to effect the restoration of his property.* On the 16th of October — one month from the date of Govern- or Clinton's letter to Congress containing a notification of the outbreak in Cumberland county — the committee appointed by Congress presented their report. At the same time another report was proposed as a substitute. These proceedings ended in a recommitment of the whole subject. A third report made by John Rutledge, on the 22d, in which he and his colleagues recommended to the people on the " Grants " to abstain from all measures calculated to create disturbance, was amended and laid aside for further consideration. Since their arrival at Poughkeepsie, Shattuck and Evans had remained in the vicinity of that place, hoping to receive " accounts of the issue of the controversy on the ' Grants ;' and that Congress had taken decided measures for the relief of their fellow citizens in Cumberland county, and their protection in future against the violence of the Vermont party." Having been assured by a letter from Mr. L'Hommedieu of the 16th of October, that " no effectual measures " had been or j)ro- bably woidd be taken in Congress until the general question respecting jurisdiction should be determined, they concluded to extend their journey to Philadelphia and there await the event. In the letter of introduction which was furnished them by Govern(3r Clinton, full approbation was expressed of the course they had resolved to adopt. " They, with several others, their neighbors," wrote the Governor to the New York delegates, " are stript of all their property and banished, and under the circumstances cannot think of seeing then* families till they have made every effort for obtaining redress. They have determined therefore to go on to Philadelphia, in hopes that their presence, and the information they can communicate, may assist in bringing about a more speedy settlement of this busi- * Geoi^e Clinton Papers, in N. Y. State Lib., vol. xvi. docs. 4796, 4797. 1782.] THE FEELING IN CONGRESS. 465 ness. I have helped them to a small sum of cash to defray their exiDenses and to prevent their being burthensome to jou. It is unnecessary to recommend them to your countenance and assistance. The cause they are engaged in, gives them the best assurance of this."* AVhile Governor Clinton exercised especial care to send to Philadelphia copies of all the papers concerning the controversy which he received, the New York delegates never neglected to bring his dispatches to the notice of Congress on the earliest occasion. By this means the topic of greatest interest to the persecuted adherents of New York was kept in continual agita- tion. Though Congress were desirous that " internal peace should be preserved, as well between the respective members of the Union as within each district thereof," and even favored the appointment of a day for the final disposition of the question of jurisdiction, still they were unwilling that any measure should be taken in the present emergency tending to prejudice the decision of Congi*ess on the general question. To this cause must be attributed, in parte, the delay with which every propo- sition for a thorough examination of the relative position of the two parties claiming jurisdiction on the " Grants," was met. While sentiments like these were prevailing in the minds of many of the delegates, Shattuck and Evans appeared in Phila- delphia, and on the 28tli of October laid their petition before Congress. In this document they briefly rehearsed the history of the diificulties which they had been obliged to encounter ; referred to the " fifty persons having families," who had been driven from their homes, and who were then "wandering about in the utmost distress ;" mentioned the forbearance which the suf- ferers had exhibited in refraining from " acts of retaliation ;" and asked for aid, and for the restoration of their possessions to those who had been deprived of them by the late transactions of the people of Vermont. Nor did they scruple to refer to their own destitution, and to the immediate inconveniences to which they were exposed, on account of a want of money, and of the dilficulty of supporting themselves in Philadelphia where necessity had obliged them to repair for justice. Though but little was to be expected from Congress until the general course which they were to follow in the controversy should be fixed, yet the peti- tioners were not allowed to suflTer. " They are very decent men * George Clinton Papers, in N. Y. State Lib., vol xvi. doc3. 4809, 4825. MSS. in office Sec. State Vt. 30 ■i:GG HISTORY OF EASTERN VERMONT. [1782. and are treated with respect," wrote Mr. L'Hommedieu, and subsequent events proved that private means were at their ser- vice, though the aid of Congress was denied them.^' Tlie committee of Congress to wliom had been referred the letter of the 16th of September from Governor Clinton, the deposition of Joel Bigelow, the memorial of Charles Phelps, and a number of other papers, presented another report on the 5th of ISTovember, in which several important alterations and addi- tions had been made. At the same time the consideration of the report which had been made to Congress on the lYth of April previous, recommending the admission of Yermont into the Union, was called for. After a lengthened discussion, all that portion of the subject relating to an ultimate adjustment of difhculties by an acknowledgment of the independence of Yer- mont as a separate state was postponed. The consideration of the question whether " the people inhabiting the territory called Yermont " had relinquished their claims to the Eastern and Western Unions was declared necessary and proper before arguing the questions which depended upon it. Referring to the action of Congress on this occasion, Mr. L'Homme- dieu expressed a wish that since the general question had been thus laid aside, Congress would take measm-es to preserve the peace of the disturbed district. The constituency of his own state, many of the inhabitants on the " Grants," and no inconsiderable number of the members of Congress avowed the same desire, and anxiously awaited the time when the present difficulties at least, should be ended. Believing fully in the iimate strength of petition, Charles Phelps did not cease to besiege Congress with missives suppli- catory, missives memorial, and missives remonstrative. On the oth of November he besought Congress " for a continental relief of money and clothing for his necessitous circumstances." In order to prove the validity of the grounds upon Avhich he asked for assistance, he stated that when leaving home in some haste, he had been pursued several miles by eight or ten of the Yer- mont " light infantry ;" that he barely made his escape from " those armed pursuers;" that h" M'as " necessitated to borrow a great part of his necessary apparel fifty miles from home ;" that his garments were now nearly worn out, his money almost exhausted, and the debts which he had been forced to contract * George Clinton Papers, in K Y. State Lib., vol. xvL does. 4828, 4831, 4833, 4842. 1782.] RESOLUTIONS OF THE CONGRESSIONAL COMMITTEE. 467 for tlie support of himself and horse unpaid. Although his con- dition required the aid for which he sought, yet Congress did not deem themselves bound to heed his requests, and the peti- tion was dismissed. It is probable that a similar petition prefer- red by Shattuck and Evans was treated in a similar manner. On the 13th of November, the day preceding that on which the congressional committee were to report concerning the condition of the " Grants," Mr. L'PIommedieu wrote to Governor Clinton. Eeferring to the 14:th, he observed : — " After that time I shall advise Messrs. Phelj)s, Shattuck, and Evans to return, as it will answer no purpose for them to continue longer in this expen- sive place. They have spent all their money and are consider- ably in debt, which in their petition they have mentioned, but I believe will have no relief in that respect, more than in the other, from Congress."* A portion of the report on Governor Clinton's letter of the 16th of September, and on the petitions of Phelps, Shattuck, and Evans, had been already referred to a committee of three for further consideration. In a second report presented on the 14th of November, the committee stated " that the measures com- plained of in the papers above mentioned, were probably occa- sioned by the state of New York having lately issued commis- sions, both civil and military, to persons resident in the district called Vermont." AVith this opinion for a basis, they proposed the following resolutions : — " Tliat it be recommended to the state of New York to revoke all commissions, either civil or military, which have been issued by the said state since the month of May last, to persons residing in the district called Yermont, as described in the resolves of the 7th and 20th of August, 1781. " That it be recommended to the persons exercising the pow- ers of government within the said district, to make full and ample satisfaction to Charles PheljDs, William Shattuck, and Henry Evans, and to all others in a similar predicament, for the damages which they have sustained in person and property, in consequence of the measures taken against them in the said dis- trict, and to suffer them to return to their habitations, and to remain unmolested in the district aforesaid. " That it be recommended to the state of New York, and to the persons exercising the powers of government within the * Journals of Am. Congress, iii. 102. George Clinton Papers, in N. Y. State Lib., voL xvi., doc. 48S7. 468 HISTORY OF EASTERN VERMONT. [1782. district aforesaid, to adhere to the recommendations of Congress contained m their resolve of September 24, 1779, until a deci- sion shall be had by Congress on the subject referred to them by the said state of New York and the said district of Yermont." However just these resolutions might have appeared to those who proposed them, yet tliey failed to obtain the concurrence of Congress. A motion to agree to the first resolution was lost, a motion to recommit the second was negatived, and, on a final vote, the consideration of the remainder of the report was post- poned. On none did the immediate efiects of this refusal to reimburse the sufi'eriug Yorkers fall more heavily than on the three petitioners, who, for several weeks, had awaited at Phila- delphia, patiently and amid poverty, the decision of Congress. Their indebtedness, owing to the expensiveness of living, had increased to such an extent that they were unable to meet it. On the 15tli of Kovember an attempt was made by the New York delegates to relieve their necessities by borrowing a hun- dred dollars on the credit of the state. " If this plan fails," wrote James Duane, " it is more than probable they will lose their liberty, as they have already done their property, for it is out of my power to aid tliem." On the 17th the same gentle- man informed Clinton that " the distress of Phelps having been brought to a crisis," nothing was left but to borrow " for his and his unfortunate companions' support." The desired loan was eflected ; the debts of the trio whose visit had given " infi- nite uneasiness " to their friends in Philadelphia were discharged ; and the fear of imprisonment for debt was brought to an end. As there was but Httle expectation that any resolution could now be obtained which would prove favorable to the Yorkers, the main reason for the delay of their agents in an expensive city was removed. Desirous of visiting their families, provided they could do so with safety, Shattuck and Evans set out on their return home on the 19th. Phelps, on the contrary, hop- ing to be able to accomplish by importunity what he had failed to perform by petition and remonstrance, determined to remain. The two former reached Poughkeepsie on the 23d ; detailed to Governor Clinton an account of their visit ; and confirmed the report M'hich had ah*eady reached him of their failure to im- press upon Congress the necessity of prompt and decisive action in restoring to the Yorkers their homes and possessions.* * Journals of Am. Cong., iv. 105, 106. George Cliutou Papers in N. Y. State Lib., vol. xvi. docs. 4S56, 4857, 4S58. 1782.] RETURN OF EViJSrS TO GUILFORD. 4:69 Evans now determined to return to Guilford, in spite of the penalties denounced against him in case he should ever again enter within the borders of Yermont. Shattuck, more cautious, concluded to obey the decree of banishment until he should receive further accounts from Philadelphia. With his accus- tomed kindness, Governor Clinton wrote a letter to Col. Timo- thy Church, on the 24th, as an endorsement of any statements which Shattuck or Evans might make relative to the views of Congress concerning the present unfortunate troubles. " These gentlemen," observed Clinton, referring to them, " have had an opportunity which I long wished them to have of being ac- quainted with the sentiments of the different members of Con- gress respecting our controversy with the pretended state of Vermont, as they are thereby enabled to form a judgment, founded on their own knowledge of facts, of what will be the probable issue of a dispute in which they are so deeply inte- rested. Tliis renders it unnecessary for me to say anything on a subject of which they will be able to give so full and satisfac- tory information, and I have therefore only to repeat what I often suggested, that much will de]3end on the conduct of the good subjects of this state on the ' Grants,' whose firm and steady adherence to their duty and allegiance I would flatter myself will soon be rewarded b}" a determination that will re- lieve them from their present distresses, and guard them against future oppression." Reaching home on the 1st of December, Evans, to use his own language, " found the people in a very broken situation." It was observed, however, that the effect of his statements, and of the clear and honest declarations of Gover- nor Clinton, were temporarily beneficial in removing the gloom which had been caused by long continued disappointment.* Various attempts were made to resume the consideration of the report of the committee to whom had been referred the report of a former committee on the letter of Governor Clinton, of September 16th, and the accompanying documents. The subject was at length brought before Congress on the 5th of December, but its consideration was again postponed. Follow- ing the declaration of this postponement, a motion was made by Thomas McKean, of Delaware, and seconded by Alexander Hamilton, of New York, in these words : — " Whereas it appears to Congress, by authentic documents, * George Clinton Papers in N. Y. State Lib., vol xvi. doc. 4862. 470 HISTOKY OF EASTERN TEEMONT. [1782. that the people inhabiting the district of country on the west side of Connecticut river, commonly called the Xew Hampshire Grants, and claiming to be an independent state, in contempt of the authority of Congress, and in direct violation of the reso- lutions of the 24:th of September, 1779, and of the 2d of June, •1780, did, in the month of September last, proceed to exercise jurisdiction over the persons and properties of sundry inhabit- ants of the said district, professing themselves to be subjects of, and to owe allegiance to the state of New York, by means whereof divers of them have been condemned to banishment, not to return on pain of death and confiscation of estate ; and others have been fined in large sums and otherwise deprived of pro- perty ; therefore, " Resolved, That the said acts and proceedings of the said people, being highly derogator}^ to the authority of the United States, and dangerous to the confederacy, require the immediate and decided interposition of Congress, for the protection and relief of such as have suflfered by them, and for preserving peace in the said district, until a decision shaU be had of the controversy, relative to the jurisdiction of the same. " That the people inhabiting the said district claiming to be independent, be, and they are hereby, required, without delay, to make full and ample restitution to Timothy Churcli, Timothy Phelps, Henry Evans, William Shattuck, and • such others as have been condemned to banishment and confiscation of estate, or have otherwise been deprived of property since the 1st day of September last, for the damages they have sustained by the acts and proceedings aforesaid ; and that they be not molested in their persons or properties, or their return to their habitations in the said district. " That the United States will take effectual measures to en- force a compliance with the aforesaid resolutions, m case the same shall be disobeyed by the people of the said district. " That no persons holding commissions under the state of New York, or under the people of the said district claiming to be independent, exercise any authority over the persons and pro- perties of any inhabitants in the said district, contrary to the forementioned resolutions of the 24tli of September, 1779, and the 2d of June, 1780. " That a copy of the foregoing resolutions be transmitted to Thomas Chittenden, Esq., of Bennington, in the district afore- said, to be communicated to the people thereof." 1782.] VAEIOUS MEASURES IN CONGRESS, 471 Before tlie vote Avas taken on this motion, an attempt was made to amend the first resohition, and to strike out the whole of the resokition relating to the determination of the United States to enforce the decrees which Congress had passed on the subject of the controversv. Tliese suo-o-estions were not received with favor, and on the question to agree to the original motion, an affirmative decision was obtained. The hostility of Congress at this time towards the leading men in Vermont, was made especially apparent in connection with tliese transactions. As the Secretary of War was about to visit his family in Massachusetts, David Eamsay of South Carolina, moved a resolution on the 10th of* December, instructing that gentleman " to take Yermont in his way," and carry a report of the doings of tlie 5th of December to Mr. Chittenden. Al- though it w^as urged that such a course would insure the deli- very of the papers, serve to conciliate the opposition, and afford the means of obtaining certain knowledge of the Yermonters, yet the proposition was strenuously resisted, the opinion of many being that such an act would tend to degrade a high servant of the United States, and to give an unwarranted importance to the claims of Yermont to sovereignty and independence. The objec- tions prevailed, and as Congress appeared unwilling to make spe- cial provision for transmitting the resolutions, the President of Congress gave notice that he should send them to the comman- der-in-chief to be forwarded by him to their place of destina- tion. Though they were regarded as an index of the sentiments of Congress, yet the condition of the United States, and the dread of the common foe tended greatly to diminish their effect. In their letter, announcing the action of Congress, the New York delegates frankly confessed that they could not " absolutely rely upon the execution of the coercive part" of the resolutions. A similar opinion was entertained by all who were best acquaint- ed with the political condition of the Union.* As was his custom, whenever any measure was adopted per- taining to his constituents on the " Grants," Governor Clin- ton transmitted a copy of the late resolves, to the convention composed of the committees of the towns of Brattleborough, Guilford, Halifax, and Marlborough. Accompanying the * Journals Am. Cong., iv. 112, 113,114. Madison Papers, i. 228, 229, 230. George Clinton Papers, in X. Y. State Lib., vol. xvi. doc. 4883. Slade's Yt. State Papers, pp. 177, 178. Papers relating to Yt. Controversy, in office Sec. State X. y., p. 49. 472 HISTORY OF EASTERN VERMONT. [17S2. resolves, was a letter, dated the 23d of December, whose con- tents were evidently intended for the guidance and consola- tion of those who had been and who still were faithful to New York. The sound, energetic, and scholarly ideas of the patriot Governor, as expressed in this thoughtful and well -prepared production, were in these words : — " I have the pleasure of transmitting you sundry resolutions of Congress, passed in consequence of the outrages lately com- mitted by the usurped government of Vermont on the subjects of this state in Cumberland county. I should have been happy could a final determination of the controversy respecting the jurisdiction of the district of the l^ew Hampshire Grants, have been obtained; but as this could not at present be eflected, I flatter myself the present measure, as it is calculated to pre- serve the peace of that district until such a decision can be had, and ensure justice to our distressed fellow citizens for the da- mages they have sustained, will prove acceptable, and the more especially as it evinces a disposition which promises an equita- ble and favorable issue to the controversy, which issue I have the fullest confidence will ere long take place. " You will observe that one of the present resolutions pro- hibits the exercise of authority by either party over the other, contrary to the resolutions of the 2ith of September, 1779, and the 2d of June, 17S0. This repetition of the sense of Congress, became necessary to remove the false impression which the leaders of the usurped government had made on the minds of the people by insinuations which you well know they indus- triously propagated that those resolutions no longer existed, and that Congress never intended to enforce them. By these means, they not only led many into the violent and unwarrantable measures which they had in contemplation, but discouraged our friends from a justifiable resistance. My sentiments are so fully and explicitly expressed as to the line of conduct to be pursued by those in your district holding commissions or ofiices under this government, as to render it altogether unnecessary now to repeat them. The good consequences which have already re- sulted from the part you have acted, as well as respect for the great Council of America, will, I am persuaded, induce those holding commissions under this state, still to persevere in paying a strict compliance to the recommendations of Congress, by ex- ercising authority only over those professing themselves to be subjects of, and to owe allegiance to this state. 17 82. J ABLE LETTER OF GOV. CLENTON. 473 " To obviate any excuse that may be offered by the pretend- ed state, in case they should delay complying with the resolu- tion directing restitution to Colonel Church and the other suf- ferers, I would suggest the propriety of immediately causing fair and reasonable accounts to be made out, of the damages sustained by them respectively ; would have the same attested to, by the parties, before a magistrate ; and (retaining true copies), would transmit the originals by a person wdio will be able to swear to the delivery thereof, to Thomas Chittenden, Esq. Tliat these accounts may have every appearance of truth and candor, I would advise that besides the attestations of the party, they be also testified to be just and reasonable, by as many persons of reputation as from their knowledge of the charges can with propriety give such certificates. " By the resolution directing restitution, you will also observe that the persons banished are not to be molested in their persons or property on their return to their habitations. They would, therefore, be justifiable in returning immediately, but I would advise a delay sufficient for the promulgation of the resolutions of Congress on this subject in the district, lest insults might be com- mitted upon them by there volters, and ignorance pleaded in ex- cuse. It is probable, however, that the resolutions will be suffi- ciently known before this can reach you, and that a further delay in a matter so interesting to the sufferers may not be necessary. " I would fain flatter myself with a hope of a voluntary return of the mass of the people in your county to their duty and allegi- ance. I am convinced that there are many in your county well attached to the cause of America at large, that have been led from their duty and allegiance by the artful insinuations of designing and wicked men, who either wish to subjugate that district to British tyranny, or to gratify their own ambition and pride by establishing an independency which, while it would emich and aggrandize a few, would distress and ruin the great bulk of the people. These men I could wish might be recovered from their delusion, and that the conduct of our friends towards them might at all times be such as shall appear most likely to effect so desirable an end. You must be sensible of the unal- terable determination of the state to secure the inhabitants their property under whatever title it may be desired ; and should the late act for this purpose be defective in any particular, or subject to the least reasonable objection, I may venture to assure them, that on their discovering a disposition to return to their 474 HISTORY OF EASTERN VERMONT. [1782. dutj, every just cause of complaint (if anj still exists) will be heard and removed ; and this idea I wish may be impressed upon their minds, as w^ell as the danger to which the}' are exposed by persevering in their present unjustifiable opposition. Be watchful at the same time of the conduct of those that are disaffected to the liberties of America, of whom, from late as well as former discoveries, I have the best reason to believe there are many leading characters in your quarter. " The Legislature will meet the first Tuesday of next month at Kingston, and it would afford them much satisfaction to find that the measures they have adopted for quieting the disordei'S in the northeastern parts of this state have not proved inef- fectual."* Such were the principles which, in the view of Governor Clinton, were to be maintained by his constituents. Such the course of conduct they were bound to pursue, until they should find themselves unable to withstand the collected force of the government and people of the new state of Yermont. But before this letter had reached its destination, or G-overnor Chit- tenden had been informed of the passage of the resolves of the 5th of December, an event had occurred, within the disputed territory, which evinced the determination not only of the Ver- monters to enforce the decrees with which they had threatened those persons whom they had banished from the state, but of the Yorkers also to resist the efforts made to subdue them. The return of Evans had already induced the belief that the rigorous punishment which had been denounced against him and his companions would not be carried into execution. This belief was strengthened, and new life was now given to the adherents of ISTew York, by the arrival of Colonel Church and Major Shattuck. The latter reached his home ii,i Halifax on tlie 15th of December, and on the same day was informed that the authorities of Yermont had determined to dispossess Daniel Shepardson of Guilford, a subject of New York, or pull his house down. Aroused by these reports, Shattuck and a number of his friends met on the evening of the 17tli, and resolved to protect Shepardson from violence. While preparations were on foot for carrying this design into execution, intelligence was received, on the morning of the 18th, of the caj)ture of Church by the Yermonters. Upon this Shattuck changed his plan, pro- * Geoi^e Clinton Papers, in N. Y. State Lib., vol. xvi. doc. 4894. 1782.] MAJJ^CEUYKES OF THE CONTENDESTG PAETIES. 475 ceeded to Guilford, raised two companies of men, and, for the purpose of retaliation, endeavored to arrest Col- Benjamin Car- penter and a certain Major Shepardson, the former the late Lieutenant-Governor of Vermont, and the latter a staunch supporter of its authority. Failing in this undertaking, Shat- tuck and his men entered the dM'ellings of those whom they had intended to capture, seized their arms, committed other depre- dations of a similar character, and returned home. Not content with the result of this expedition, Shattuck and his party made another on the night of the 20th, took Jolm Bridgman, one of the judges of the county court, prisoner, and brought him to Guil- ford. On the following day Bridgman was released on parole. By the terms of tlie parole agreement he was allowed to visit the State's Attorney, the Governor, and the Council of Vermont, for the purpose of procuring the freedom of Col. Church. Should he succeed, his own liberty was to be granted him. Should he fail he was to return by the 2d of January, 1783. Fearing that a civil war was about to break out. Col. John Ser- geant of the Vermont militia ordered several companies in his regiment to rendezvous at Brattleborough, in order, as was after- wards stated in the muster rolls, " to suppress insurrections and disturbances then subsisting in those parts." The Yorkers meanwhile continued to hold their men under arms. On the night of the 23d of December, they received information that the Vermont soldiery were preparing to attack them. Having placed his men in ambush, Shattuck awaited the approach of his opponents. But his expectations were not realized. The Vermont militia, while on their march, were surprised by a party of six men, the vanguard, as they supposed, of a concealed enemy, but in reality a detachment of then- own friends. Dis- persing in all directions, they did not discover their error until it was too late to correct it. Convinced that no benefit could arise to either party from the pursuit of hostile measures, the Vermonters on the following day sent a messenger to the Yorkers, with proposals for a treaty. The Yorkers replied that, if the Vermonters desired peace, they might come to them and pro- pose the terms. The result of these negotiations was the confirmation of an agreement which had been drawn up and signed on the 20th^ by Zadock Granger, and Simeon Edwards, in behalf of the Vermont party. In the preamble to this document, the signers rehearsed the considerations which had induced them to engage 476 HISTORY OF EASTERN VERMONT. [1782. in an agreement of this cliaracter ; referred to tlie " unhappy differences about the right of jurisdiction," as the cause of all the difficulties between the conflicting parties ; alluded to the probability of the " decisive determination by Congress," of the lf)ng continued dispute ; deprecated the hostile measures which had been, and were then pursued by men who were " in arms against each other;" and expressed a desire to prevent "mis- chiefs and miseries," and to ensure peace and the public good. In view of these reasons, and in consideration of the engagement of the leaders of the New York party, that their adherents should be immediately dispersed, and should " rise no more" to- disturb the people of Yermont unless molested by them, and on the further condition that either Colonel Church, or Judge Bridgman should return by the 2d of January, 1783 — they, as men of honor and influence, agreed to exert their " utmost endeavors" in preventing the people of Vermont from molesting the New York party ; jDromised to inform Joseph Peck of Guil- ford, a captain in the New York militia, should any force be sent by the Yermont party to oppose the New York party before the 1st of February, 1783 ; and bound themselves to write to Governor Chittenden, requesting him to " let matters rest" according to this engagement. Repairing to Governor Chittenden, Bridgman endeavored to obtain from him, and the Council of Yermont, advice as to the course he should pursue in this emergency. But the oracles were dumb, and after nine days of useless expostulation he returned. His parole was renewed on the 2d of January, 1783, but his success in endeavoring to learn the sentiments of the rulers of the state, as to the means by which he should procure permanent relief, was no better on a second attempt. On the 18th of January his parole was again renewed, to continue " during the good pleasure" of Governor CKnton. The reluc- tance of Governor Chittenden to reply categorically to the inquiries of Bridgman was not strange. Many of the Yermont- ers in the towns where the Yorkers were most numerous, were inclined to treat them kindly, hoping in this manner to efi'ect what could not be accomplished by force. Chittenden's views towards them were severe in the extreme. In this dilemma policy dictated silence as to his opinion of the condition and conduct of Bridgman. An idea of the peculiar character of this unique Governor, who, although partially deprived of sight, and for this reason 1782.] A CHAEACTEEI8TIC EPISTLE. 477 lamiliarlj known as " One-eyed Tom," was possessed of all the penetration, common sense, discretion, and policy, which his peculiar position demanded, may be obtained from a perusal of one of his characteristic epistles. As soon as Church — who had dared to return to the place whence he had been for ever banished — was arrested, he was delivered to Col. Stephen K. Bradley, who sent him under a strong guard to Governor Chit- tenden at, Arlington. In answer to a note from the Colonel detailing the reasons of the arrest, Chittenden, on the 24-th of December, 1782, replied : — " I received yojjr letter with the prisoner, and approve of your conduct. Have sent to Colonel Robinson to call the Superior court immediately for his trial, and I hope and trust justice will be done him. I have sent twelve pounds powder agreeable to your request. As to sending or ordering a standing force to Guilford, I had rather hang them [the Yorkers] one by one, until they are all extirpated from the face of the earth. However, I wait for the returns of the officers that commanded the posse (which will soon be) to send orders to the sheriff to collect the fines and cost, when, if they con- tinue obstinate, a force must accompany the sheriff sufficient to silence them. I am not without hopes that the consequences of Church's trial will have some good effect on his connections." Such was the aspect m which the Governor of Yermont viewed the conduct of his oj)ponents. Hoping to obtain a remission of the punishment to which he had become amenable. Church addressed a petition to the people of Yermont on the 28th of December, in which he detailed the reasons which had led him to return. Knowing w-ell the nature of the risk which he incui'red by his rashness, he declared that his visit had been instigated not by any contempt for state authority, but by " the tender feelings" natural to a parent, who, when his family are destitute of the necessaries of life and borne dow^n by sickness, desires to relieve their distresses. He owned that he had at one time subscribed the " freeman's oath," and acknowledged that he had subsequently o]3posed the government of Yermont. Though studiously refraining from any confession of error, he prayed for " pardon and forgiveness," and that he might be " admitted to his for- mer freedom, liberty, and privileges." But his concessions, artful and non-committal, were ill-calculated to influence the minds of Goven-nor Chittenden and the Council in his favor ; while the faithlessness to which he confessed, tended to lower J:T8 HISTORY OF EASTERN VERMONT. [1783. liim in their estimation. " The Yermonters over the mountain," wrote the committee of Guilford, on the 17th of January, 1783, " still hold Colonel Church as prisoner ; and Colonel Samuel Fletcher, one of the Yermont Council, informs us that Colonel Church is to be hanged." His prospects had not improved in the beginning of February, for on the 6tli of that month Governor Clinton, in a letter to Colonel Floyd, said of Church : " He is still held in close confinement and threatened with execution." On the 22d of the same month "William Shattuck testified in an affidavit, that " it was the intention of the Yer- monters to execute Col. Timothy Church, who was still in con- finement in Bennington Gaol." Though neither Governor Chittenden nor the Council would have dared to punish the prisoner with death, yet they deemed it of advantage to pro- mulgate a report of this nature, hoping thereby to intimidate others who were ready to oppose the authority of Yermont.* The resolutions of the 5th of December, 1782, having been industriously published throughout the extent of Yermont, received from those who owed allegiance to that government the fullest condemnation. Thomas Frink, a physician, residing in Iveene, New Hampshii'e, in detailing a conversation which he had held in January, 1783, with Paul Spooner, at that time the Deputy Governor of Yermont, declared that the latter had avowed his determination to support and defend the state ; to execute its laws peremptorily ; to aid in punishing offenders ; and to act as heretofore he and his friends had done, notwith- standing the late congressional resolves. To Frink's question whether the Yermonters would dare to put to death those persons whom they had banished, provided they should return, Spooner answered that the people had made laws, and would be fools if they did not execute them when transgressed. On the 16th of the same month. Colonel Bradley of Westminster, with some of his townsmen, being in company'" with a number of men from Walpole at the former place, the anger of the party rose to so high a pitch, while discussing the character of the late resolves, that many of them " damned the Congress, and for the toast drank their confusion, and the health of King George the Third of England." Bradley then asked his Wal- pole friends whether they Avould assist the Yermont party in * George Clinton Papers in K Y. State Lib., voL xvii. docs. 4909, 4910, 4920. MS. Muster Rolls. Various 3ISS, 1TS3.] EErOKTS CmCULATED BY THE VEEMONTEKS. 479 case a continental force should, be sent to enforce the decrees of Congress. At the same time he declared that the Yermont people would resist any force which should be sent against them for that purpose, and that the inhabitants of Berkshire county, in Massachusetts, would aid them in the struggle. In language characteristic and expressive, Samuel Robinson, of Bennington, a leading man in the state, remarked that "the Yermonters are a Fixen a Pill that will make the Yorkers hum." Other Yermonters declared that " they would make Congress bite their fingers." "With a similar reference to some project yet undefined, Phineas Freeman, an ensign in the Yermont militia, prophesied in January, that " something would turn up within a month more detrimental to the Yorkers than anything that had ever happened to them before," and added that " the York- ers would not be so fond a month hence of calling themselves Yorkei*s as they had been heretofore." A deposition of Charles Phelps confirmed these statements. Tlie people of Yermont " are determined to fight," said he, " in opposition to the resolves, if any forces are sent to impel them to a submission thereto." In Windham county the citizens of Yermont were at special pains to spread reports of the measures they were prepared to adopt, should any demonstrations be made against them. In order to weaken the cause of their opponents, they endeavored to persuade them that there was no h(5nor in the character of Governor Clinton ; no faith in the promises of Congress ; and that Congress possessed no ability to carry their resolves into execution. They also asserted that New York was unable to defray the expenses of her militia service ; was destitute of any legislative acts by which to regulate it ; and that there was no provision of Congress relative to false imprisonment or banish- ment, which gave the right to pass such decrees as those of the 5th of December. To these representations they added threats of a nature which not only excited susj^icions unfavorable to their loyalty to the American cause, but implanted in many minds the belief that Yermont would become a British province provided Congress should endeavor to divide her territory be- tween the contending states, or enforce laws which she deemed obnoxious or unjust. Tlie views of Governor CHnton at this period were ill calcu- lated to lessen the despondency of the ISTew York adherents. " The usurped government of Yermont," wrote he, on the 6th of February, to Col. Floyd, then in Congress, " have not, and I 480 HISTORY OF EASTERN VERMOXT. [1783. may venture to assert will not, comply with tlie late i-esolntions of Congress, which their leaders feign to treat with the ntmost contemj)t. I am informed they openly assert that they have intimations from members of Congress, that notwithstanding the threats held out in the resolutions, no coercive measures will be pursued to enforce obedience to them. By these means they encourage their adherents, who begin to despond, to the show of resistance." Numerous affidavits from reliable sources con- firmed the opinions here expressed, and enforced the conviction that Congress were jDOwerless to compel obedience to the re- solves of the 5th of December, within the territory of the New Hampshire Grants. Li a few instances an opposite sentiment was entertained. On one occasion a certain Samuel "VVarriner, a Yermout justice of the peace, declared that he did not believe Vermont could " stand a state " unless the leading men in her government should submit to the late determination of Congress. Unwilling to yield while the least chance of success remained, the convention of committees from the towns owing allegiance to New York assembled at Guilford on the 17th of January, and appointed Daniel Shepardson their agent and bearer of dispatches to Governor Clinton. " We understand," said they, in one of the communications with which he was entrusted, " that the Yermonters do not intend to pay any regard to the resolutions of Congress, and we humbly beg and pray that the United States will take very speedy measures that the resolves of Congress be put into execution ; for unless they are, we must of necessity fall a prey to Yermont, and we would inform yom* honors that the major part of the people this side of the moun- tain will renounce Yermont provided Congress will protect them." Referring to the peculiarity of their situation, they acknowledged their inability to act without giving offence, and as they had done on former occasions, so now, they begged his Excellency to point out to them that course of conduct which would be of most advantage to themselves and least displeasing to their opponents. By the same messenger went a letter, dated the 19th of Ja- nuary, from Henry Evans, one of the four against whom sen- tence of banishment had been passed, but who, having dared to return home, was allowed to remain unmolested. Comparing the sentiments of the people of Eastern and "Western Yermont, he observed : — " I am credibly informed that the Yermont au- thority over the mountain holds Congress and all their resolves 1Y83.] LETTER OF CHITTENDEN TO THE PEESmENT OF CONGRESS. 481 in scorn and contempt. The Vermonters on tins side the nionn- tain say they will adhere to Congress, though they should re- nounce Yermont." For these reasons which he deemed cor- rect, although, as far as the majority of the inhabitants residing on the Connecticut were concerned, they were unwarranted and untrue, for these reasons, and because of a report that the peo- ple in and about Bennington, Manchester, and Arlington were threatening to make a hostile incursion for the purpose of distressing the Yorkers, he besought the Governor to use his influence to ensure the immediate enforcement of the resolves of the 5th of December. To these and other similar earnest entreaties, Clinton was unable to respond fully, both on account of the timidity of the government of his own state, and because of the uncertainty which Congress seemed to manifest concern- ing their right to enforce a compliance with the resolutions. Although cognizant, by affidavits and depositions, of many acts done in opposition to these resolutions, he was unwilling to send the i^roofs to Philadephia, lest they should be foimd to contain evidence of the evil conduct of individuals only, and not of the government of the state. Still he did not cease to write cheer- ingly to his unfortunate constituents, begging them to " perse- vere in the line of conduct heretofore pointed out to them ;" prophesying " a favorable issue '' to their difficulties ; and assur- ing them that nothing that might tend to their interest should be neglected by him.* The opposition to the late action of Congress, though at first manifested only in the conduct of individuals, as Clinton had suggested, was not long in assuming a more authoritative form. Upon the receipt of a copy of the obnoxious resolves. Governor Chittenden, in a long and elaborate letter to the President of Congress, under date of the 9tli of January, remonstrated against the positions therein taken, and supported his remon- strance by reciting the " solemn engagements " into which Con- gress had entered with Yermont ; by quoting from the letter which General Washington had addressed to him on the 1st of January, 1782 ; and by a method of reasoning which, if it was not entirely just, was yet plausible and clever. Referring to the transactions which had led to the passage of the resolutions of the 5th of December, his language was as follows : — " Al- * Various MS. Depositions, Affidavits, etc., in office Sec. State Vt. George Clinton Papers in N. Y. State Lib., vol. xvii. docs. 4909, 4910, 4921, 4926. Pa- pers relating to Vt. Controversy, in office Sec. State N. Y., p. 50. 31 482 HISTORY OF EASTERN VERMONT. [1783. though this state is not amenable to the tribunal of Congress for the management of its internal pohce, I, nevertheless, will give tliem a brief narrative of facts relative to those dehnquents, in whose behalf Congress, in their resolutions of December last, have interposed. At the session of the General Assembly of this state in February, 1Y81, a general act of amnesty was passed in favor of such persons, within this state, who had pre- viously made opposition to its authority. Upon this they una- nimously submitted to this government, and all opposition to it ceased for more than one year, when the Legislature having ordered a certain quota of men to be raised in the several towns throughout this state, for the defence of its frontiers, evil-minded persons in the town and vicinage of Guilford, in the southerly part of the county of Windham, opposed the raising and paying of them ; and Governor Clinton of the state of New York, by letters to them and otherwise, interfered in their behalf, which caused a second insurrection in this state ; and though every prudent and lenient measure was taken by government to reclaim the offenders, they proved ineffectual. In the mean time, Governor Clinton gave commissions, civil and military, to sundiy of those disaffected persons, and they had the effron- tery to attempt to exercise the laws of the state of New York over the citizens of this state, when a military fol'ce was, by the direction of this government, sent to assist the sheriff of Wind- ham county in the execution of the laws of this state ; and the procedure of the court relative to the five criminals who were banished, and to sundry others who were amerced in pecuniary fines, was in due form of law. " The notorious Samuel Ely, who was ring-leader of the late seditions in the state of Massachusetts, a fugitive from justice, was one of the banished. He had left that state, and was be- ginning insurrections in this, when he was detected, and care- fully delivered to the sheriff of the county of Hampshire, in the state of Massachusetts, who, as I have been since informed, has secured him in gaol at Boston, to the great satisfaction and peace of that state. This same Samuel Ely, Timothy Church, and William Shattuck, who were three of the banished, haU previously taken the oath of allegiance to this state, and so had a greater part of those who were fined ; and every one of the ti|wns in which they resided, had, for several sessions of As- sembly, previous to their insurrection, been represented in the Legislatm-e of this state." Following up these statements by 17S3.] ADDRESS OF THE GENERAL ASSEaiBLT. 483 arguments based upon various congressional enactments, he strove to show that in the rulers of Yermont alone, was vested the right of exercising governmental powers within the bound- aries which they claimed as the boundaries of the state. His concluding remarks related to the question of the sovereignty of Yermont. " But admitting," said he, " that Congress have a judicial authority to control the internal police of this state, this state has an incontrovertible right to be heard in its de- fence, as a party (in law,), and should, on this thesis, have been cited by Congress to a hearing at their tribunal, previous to their having passed their resolutions of the 5th of December last, that this state might have had the privilege of vindicating its cause. But that Congress, at the special instance of Charles Phelps (a notorious cheat and nuisance to mankind, as far as his acquaintance and dealings have been extended), should come to a decision of so important a matter, ex parte, is illegal, and contrary to the law of nature and nations." Similar in tone, but more brief and less comprehensive, was the communication to Congress from the General Assembly of Yermont, dated the 26th of February. An expression of asto- nishment at flie means by which the passage of the resolves had been obtained — an expression resembling, and probably suggested by, that employed by Governor Chittenden in his letters, served to point the closing sentence of their remon- strance. " As we have, from the commencement of the war," wrote they, " braved every danger and hardship, against the usurpations of Britain, in common with the United States ; as our inherent right of sovereignty and jurisdiction stands confessed upon the principles of the revolution, and implied by the solemn transactions of Congress, we cannot but express our surprise at the reception of the late resolutions of Congress of the 5th of December, obtained ex parte, and at the special instance of an infamous person." Such was the decided manner in which Governor Chittenden and the General Assembly maintained their rights, in spite of the rage of New York and the enact- ments of Congress. Now that the government of Yermont had declared the late resolves obnoxious, the affidavits and depositions which Gover- nor Clinton had been at first unwilling to make public were sent to Philadelphia. Congress became cognizant of the fact that the authorities of Yermont not only, but the majority of the people as well, were not to be subdued by paper edicts or 484 HISTORY OF EASTERN VERMONT. [1783. stern resolves. Chittenden liad truly said that Yermont was present in the disputed district, and in the actual possession and exercise of power, while New York and Congress were afar off. The significance of his language was now more painfully aj)pa- rent than all were willing to confess.* * Slade's Vt. State Papers, pp. lYS-lSV. CHAPTER XYin. THE DISOEDEKED CONDITION OF THE SOUTH-EASTERN POKTION OF VERMONT. Popular impressions — Charles Phelps returns home — Evans — Shattuck — Church, his imprisonment — His sufferings — His release — Timothy Phelps — His attempt to disperse the Superior Court — Is surrounded and surrenders his sword of office — His confinement in the jail at Bennington — Letters written while in prison — Maltreatment — Effects his release — Gov. Clinton's letter to Church — Social disorder in Guilford — Vermont Legislature in grand committee — Result of their deliberations — Act of the General Assembly — Seizure of Luke Knowl- ton — The examination of those engaged in the seizure — Ineffectual attempt to take Francis Prouty — Benjamin Carpenter taken by the Yorkers — Incidents — Petition addressed by the New York party to the Government of Vermont — Gov. Chittenden's reply — More depredations — Stephen R. Bradley's letter to the Guilfordites — Head-quarters of the state troops at Brattleborough — Daniel Ashcraft — Attack on the inn at Brattleborough — Oliver Waters taken — Re- taken by Joseph Tucker and his men — Tucker in pursuit of Timothy Phelps — Phelps taken at Hadley and carried off — Foray of the sheriff of Hampshire county, who releases Phelps — Tucker and his party tried and fined — Tucker's complaint. The New York party in Yermont, though reduced to a mino- rity, were still unwilling to abandon their cause. Startling reports of negotiations between the Governor and Council of Yermont on the one hand, and the agents of the British minis- try in Canada on the other ; the flight of Luke Knowlton of Kewfane, and Samuel "Wells of Brattleborough, on the receipt of information of the passage by Congress, in secret session, of a resolution authorizing their arrest by the Commander-in- chief, in consequence of " a dangerous correspondence and in- tercourse" in which they were said to be engaged " with the enemy ;" the constant passing and repassing of messengers ; the fact that passports could be obtained from Governor Chitten- den which would give the bearer a safe-conduct among the British in Canada — these and other circmnstances induced 486 HISTOKT OF EASTERN VERMONT. [1TS3. many to believe that Yermont was preparing to desert the American cause, and influenced some to seek protection from New York. In the town of Putney, forty of the inhabitants who had formerly acknowledged the authority of the latter state, returned to their allegiance. In a petition addressed to Gover- nor Clinton, a number of the citizens of Hartford and Pomfret begged tliat they might be considered not " as those who had rebelled against the best of governments," when the district of the New Hampshire Grants should again become subject to New York.* Notwithstanding the determined opposition with which the government and people of Yermont received the resolves of the 5th of December, those for whose relief they had been passed were not deterred from attempting to avail themselves of the rights which, according to these resolves, they were entitled to claim. Depending on the support of Congress, a certain Paul Nichols repaired to Bennington and endeavored to obtain pos- session of a gun and a quantity of ammunition which had been taken from him in the month of September previous. But Samuel Robinson, to whom he applied, denied that his property had been seized on the occasion referred to, and refused to listen to his application. Determined to await the decision of Congress, Charles Phelps had remained in Philadelj)hia until the resolutions had been approved of. On the 9th of December, 1782, he set out on his return, bearing dispatches to Governor Clinton. Owing to a heavy fall of snow and the impassableness of the roads, he did not reach Poughkeepsie until towards the close of that month. On arriving at Marlborough in January, 1783, he desired three of his friends to accompany him and be present when he should demand the restoration of his effects. Whatever his previous opinion may have been concerning the efficacy of the resolves of the 5th of December, he now became convinced that they would accomplish but little unless supported by a military force. His demands were treated with scorn, and he found himself unable to obtain restitution or damages. He was in- formed that his sword, which had been taken from his son's bedroom, was in the possession of a Dummerston man, who had sworn that Phelps should never " have it any other way " than by receiving it in his body. He was also assured that a war- * George Clinton Papers in K T. State Lib., vol. xvii. docs. 4939, 5055. ^/^ :f/U^cA^ 1783.] THE rOUK BANISHED TOKKEES, dtST rant for liis arrest was now in the hands of a Yermont deputy, and that he was Hable to be taken at any moment. For greater security, he left his home and family and took up his residence in Guilford, the stronghold of the New York party. Here he remained during several months, and to this town he often resorted at a later period when safety counselled concealment.* Of the four Yorkers who had been banished from the state and <^^^ /^ deprived of their property, Henry '^ff€4^P'yu^J0tl^^^ Evans, as has been already stated, J having dared to return, was, for some reason not apparent, allowed to remain unmolested, though he still preserved his former views, refused to submit to the claims of Yermont, acknowledged the authority of ITew York, and maintained a friendly correspondence with Governor Clin- ton in behalf of him- self and his associates. William Shattuck, af- ter an absence of more than two months, re- entered the state on the 15th of December, 1782, and there remained among his friends until the beginning of the following January, when he received a summons from Governor Clinton, desiring his attendance at Poughkeepsie. His transactions with the Governor being ended, he returned home early in February, but had hardly become reinstated in his house when he was informed that a party, "employed by the express order of the pretended Superior court, in that district of country called the ISTew Hampshire Grants," were on the alert to arrest him. He accordingly fled to Guilford, confident that the Yermonters could not raise a force on the east side of the mountains sufficient to apprehend him while he continued under the protection of his friends in that town. But he did not remain here long. Being desirous of notifying to Governor Clinton the condition of himself and his friends, he again visited Poughkeepsie, where, on the 22d of February, he made a formal deposition before Robert Morris of such facts as he deemed important. A few days later he was sent with dispatches to Philadelpliia. Although a warrant * George Clinton Papers in K Y. State Lib., voL xvii. docs. 489'7, 4898, 4909, 5009. MS. Depositions of Charles Phelps. 488 HISTORY OF EASTERN VERMONT. [1783. for his arrest was in the hands of the proper officer, yet so long as he prudently refrained from rendering himself obnoxious to the laws of Yermont by special acts of disobedience, he was allowed to hold communication with his family without being moletsed.* The sufferings of ^_ Timothy Church, as ^„^ ^ has been previously ^ ' f' y//~ y^^^ / shown, were more in ^-^^^-z^?^A^ //U^€/^ accordance with the denunciations with which he and his friends had been threatened in the sentence of the Superior court. Having returned to Brattleborough on the 15th of December, 1782, he was seized on the 22d, in his own house, by a party of armed men, acting under the author- ity of Yermont, and taken to Westminster, where he was handcuffed and placed in jail. On the day following his arrest he was ironed, and conveyed across the mountains to Arlington. On reaching this j)lace his irons were removed, but on being brought before Governor Chittenden he was again shackled by direction of that official, and committed to the jail in Benning- ton. For the first half week of his confinement he was kept in icons both by night and by day. During the four succeeding days his irons were taken off in the morning and put on again at evening. Subsequently these restraints were entirely re- moved. Being regarded with especial distrust, since by his own confession he had opposed the officers of Yermont after subscribing the " freeman's oath," a petition, in which he beg- ged to be released, was viewed with but little favor by the Governor. But the temper which it displayed was regarded by some of the state Council as a favorable indication, and pro- bably secured for him milder treatment than under other cir- cumstances he would have received. With the design either of extorting a large sum of money from his friends for his ran- som, or of forcing him to an unconditional submission, or of intimidating others who might be inclined to disobey the laws of Yermont, a report was disseminated that he was to be exe- cuted, and he was advised to prepare for the fatal hour. The currency which this rumor obtained is evident from its frequent * George Clinton Papers in N. Y. State Lib., toI. xvii. docs. 4909, 4910, 4941. MS. Deposition. 1783.] IMPRISONMENT OF CHURCH AND PHELPS. 489 repetition in the letters written by various citizens of Yennont at that period. At the end of a month and a half the solitude and misery of confinement was made more tolerable by the presence of a friend — a political prisoner like himself — and from that time until the hour of his release, he found intelligent sympathy in the company of Timothy Phelps, the deposed sheriff of Cumberland county. Wearied with vain attempts to propitiate the govern- ment of Vermont, Timothy Church and Timothy Phelps deter- mined to notify to Governor Clinton their condition, in the hope of obtaining some relief through his interposition. The docu- ment in which they made known their situation and prospects was dated the 28th of March. It was drawn by Charles Phelps, and abounded in all that fulsomeness of diction and redundancy of expression, by which both his compositions and conversation were distinguished. Though intended especially for the peru- sal of the first person named in the direction, it was addressed to " His Excellency Governor Clinton, His Excellency General "Washington, and to the Honorable Continental Congress as the Supreme Council of the United States of America." Of the various topics discussed in this memorial — some of them wholly irrelevant and many of them unimportant — the most interesting to the prisoners were, without doubt, those which related to their situation and the irieans by which they could obtain relief. The description of their condition was sufficiently graphic. They are confined, wrote the amanuensis, " in the nasty, scan- dalous prison, erected by that detestable and most rebellious people, called the Vermonters, in Bennington." In summing up the causes of their unhappiness, the same fertile pen declared it to be immeasurably disgraceful for them to be compelled to suffer imprisonment "from that vile nest of detestable, sedi- tious Vermonters," more especially at that period " when the triumph of the American arms " was adding transcendent lustre " to the honor, dignity, and grandeur of the arms of their glori- ous allies both by sea and land ; reflecting lasting honor on the power, virtue, and courage of the house of Bourbon ; and as- serting the honor, establishing the grandeur, and eternizing the dignity and glory of his most Christian majesty's triumphant flag." ■ , Sentiments and words like these, although they might have been hailed as patriotic had they originated elsew-here, did not serve to aid those for whose benefit they were intended. On the 490 HISTORY OF EASTERN VERMONT. [1TS3. contrary, it was noticed tliat from the day on wliich tliis grandi- loquent application was drafted, the jailer refused to supply Colonel Church with food. But his friends did not desert him in this emergency. The " good people of Guilford" contributed from their wasted estates liberally for his support; and from the money which they sent him he was enabled to supply his wants during the remainder of his confinement. From the let- ters which the prisoners themselves wrote while at Bennington, it is clear that the life they there led must have been odious in the extreme. " Our estates," said they, in a joint commimica- tion to Governor Clinton, dated the 10th of April, " our estates — everything that we had — are seized and sold ; our tamilies are in the gi'eatest want ; destruction has seized our habitations, and we are left by our masters to perish in prison. This has befallen us because we have been true to Congress, and faithful to the state which we have ever been in. If there is any pros- pect of our being released from this stinking jail, we should be glad to know it, for we cannot stand it much longer. We came home under the royal law of Congress. Tliat law Vermont pays no regard to, and without speedy help we shall sicken and die." In another letter to the same gentleman, dated the 1st of May, " It seems hard," they wrote, " that officei"s of a sove- reign state, who have jeoparded their lives in the high places of the field* against the powers of Great Britain, should be kept in close prison by enemies of the United States against the royal law of Congress." Though in terms like these they bewailed their misfortunes, yet they were not ignorant of the conditions on which release could be obtained. To submit to these conditions was, however, a humiliation to which for a long time imprisonment seemed preferable — a disgrace, the indignity of which was only to be incurred when all hope of relief from other sources had tailed. During the late session of the General Assembly, a law had been enacted on the 2-4th of February, intended to facilitate the return to their allegiance of those who were desirous of again becoming subjects of Vermont. In the preamble of the act a suggestion was entertained, that some of those persons who had lately been convicted " of conspiring and attempting an invasion, insurrection, and public rebellion" against the state, and had been banished therefor, were " penitent and desirous of returning to • Judges, chap. V. v. IS. 1783.] RELEASE OF TIMOTHY CHUKCH. 491 their duty." To this was added a declaration that the Assembly were desirous at all times of showing mercy, provided it could be done consistently with the public safety. On these grounds the Governor and Council "" were fully authorized and empow- ered," in the words of the act, " upon application to them made during the adjournment of this Assembly, to pardon any of the said persons who have been banished from this state by the Supreme court, as aforesaid, in as full and ample a manner as this Assembly could do if convened." At the same session another act had been passed, granting pardon to Tiinotliy Church who had been " found guilty of treason," but who had by his own petition declared his " sincere and hearty penitence, and a determination to behave orderly and submissive" in case he should receive forgiveness. The condition of pardon and of the remission of the sentence passed upon him in the month of September, 1Y82, was the payment of all costs which had accrued in consequence of his trial and imprisonment. Aware of these legislative provisions, and weary of prison life. Colonel Church at length applied for his release. In ansM'er to his application. Governor Chittenden informed him that, to obtain a discharge, he would be obliged to give his bond with surety for the payment to the treasurer of Vermont of £20 lOi?. lawful money of Massachusetts, the sum due for costs of trial ; and pay £4 lis. for seven weeks' board in jail. To these terms he consented, and on the 16th of May left a prison where he had dragged out nearly five months of confinement in cold, want, and pain. During the period of his banishment, his family had been permitted to reside upon and improve his farm, " by the permission and indulgence" of the state. The same privilege was now accorded to him. But his whole estate was stili regarded as confiscated, and levies were not unfrequently mado upon his cattle or his household goods, whenever a collection was to be made to replenish the treasury of the state. In a deposition which he made on the 24tli of June, referring to the sufterings to which he had been subjected, he stated that, " al- though no formal regular charge" had been exhibited again-^: him, he was satisfied that " the only cause for which he was apprehended and confined was his returning home after he had been banished," and that the cause of his banishment was the acceptance of a commission from the state of New York. Ou the same occasion he alfirmcd his loyalty in the most positive manner, declaring that he " never did acknowledge himself t^i 492 HISTOKT OF EASTERN VEEMOKT. [1783. owe allegiance or subj ection to the pretended state of Yermont, but, on the contrary, had always, since the first attempt to establish that pretended state, claimed himself to be a subject of the state of New York."* At the close of his imprisonment at "Westminster, Timothy Phelps with his three associates, on the 4:th of October, 1782, had been carried across the Connecticut into New Hampshire, and there banished for ever from the state of "Vermont, the penalty to be death in case he should return. Finding himself free to travel anywhere except within the prohibited district, Phelps bent his com'se southward, and on reaching Hadley, Massachusetts, tarried there awhile at the house of his brother Charles. Thence he proceeded to Norwich landing, Connecti- cut, and was there residing with a brother-in-law when he heard of the passage of the resolves of the 5th of December. With full faith in the efficacy of their provisions he returned home in the latter part of January, 1783. The rejoicings of his family on this occasion were heartfelt and triumphant. They not only believed their troubles ended, but were confident that their fortunes were made ; that the estates which had been confis- cated would be restored ; and that immense damages would be awarded for false imprisonment, banishment, and threats of death. Though it is hardly possible that anticipations as bright as these could have met their full realization from any act of the people or government of Yermont, yet it is highly probable that Phelps, had he remained quietly on his farm, would have suffered little or no molestation. But such was not his nature. On the 4th of February, a session of the Superior court was held at Marlborough. The presence of the judges in his own town, before whom he had been tried and found guilty, and from whom he had received sentence of banishment, aroused within the breast of Phelps that old feeling of hatred, which absence from the scenes in which it had been most exercised had tended in some degree to abate. Confiding in the power under which he acted, and completely assured that no body of men claiming to be Americans would dare to disregard the decrees of the highest council in the United States, he boldly entered the court-house on the second day of the session, armed and garbed as a sheriff deriving authority from the state of New York. * George Clinton Papers, inK Y. State Lib., vol. xvii. docs. 4951, 5009, 5066, 6105. Acts Gen. Ass. Vt, Feb., 1783. Slade's Vt. State Papers, pp. 467, 470. 1TS3.] ExcrmsTG scene in the supekiok couet. 493 Having reached a commanding position, he reminded the court that they were exercising a nsm'ped authority, and referring to their action on a former occasion touching himself, demanded, of them full and ample restitution for the injuries he had sus- tained by banishment, by the confiscation of his property, and by the loss of personal liberty. He then took from his pocket the resolves of Congress, but had hardly commenced reading when he was interrupted by the chief judge, the Hon. Moses Robinson of Bennington, afterwards Governor, who exclaimed : — " What supercilious arrogance have we here ? Sheriff, take that disorderly man into custody! We are not subject to the authority of Congress !" Tliese words, pronounced with emo- tion, and in a voice corresponding with a scene so strange and unexpected, threw the whole house into confusion, and put an end at once to the business of the court. Sharing in the astonishment which was visible in every coun- tenance, and confounded at the audacity of the veritable sheriff of Cumberland county, the Vermont sheriff. Dr. Elkanah Day, hesitated whether to obey the order or not. Noticing this indecision, Phelps, whose natural bearing was dignified and manly, drew himself up to his full height, and elevating his powerful voice, commanded, " in the name and by the author- ity of the state of New York, and of the Continental Congress, the unlawful assemblage before him, forthwith to disperse." Tlie courage manifested in the attitude he had assumed, sus- tained as was boldly claimed by a power capable of making itself respected, was not without its effect on the audience. However the authorities of Vermont might despise and resist the laws of New York, they could not be blind to the fact that on many occasions Congress had been the sheet-anchor of their hopes, the promoter of their welfare, the defender of their hearths and homes. For a moment, refiections like these seemed to pervade the thoughts of all present. The Vermont sheriff, as he stood confronting the man who claimed his title and office, seemed perplexed. At this juncture the voice of Judge Robinson was again heard : — " Sheriff, do your duty ! Imprison the convicted traitor !" Commanding the populace to render their assistance in case he should require it. Dr. Day drew his sword of ofiice and prepared to make the arrest. Phelps seeing that resistance would be useless, that popular feeling was against him, and that there were none present to support him in case he should attempt his own defence, quietly 49-i mSTOKY OF EASTERN YEKMONT. [1783. awaited the result. The sheriff approached. " "What is your will, sir ?" demanded Phelps, as he laid his hand on the hilt of his sword. '"You are my prisoner, disarm yourself!" replied the sheriff. While engaged in unbuckling his sword-belt, Phelps turned towards the crowded assemblage and said, " Fel- low-citizens of Cumberland county, your sheriff is deserted ; his lawful authority is disobeyed ; I yield to brute force." Ad- dressing, then, the officer, he reminded him that the usurped authority under which he acted, would, in all probability, be of short duration ; that Congress were willing, ready, able, and had pledged their honor to execute their decrees ; and that a terrible retribution for the deeds of that day would soon over- take him and the masters he served. With these sentiments on his lips, Phelps placed the hilt of his sword in the hand of liis opponent, and yielded himself a prisoner. While the sheriff was bearing him off, the populace, the ma- jority of whom were his near neighbors, followed in disorderly procession. Though up to this hour they had been in the daily practice of interchanging with him the civilities of friendship ; though many of them had often received assistance and kind- ness at his hands ; though some w^ere even then living on farms which they had obtained by his aid — forgetting these favors, they were now foremost in heaping condemnations upon him, on account of his political offences. As they crowded around him, they gazed at him with the same sort of curiosity in their looks and actions, as they would have shown had he been a chained lion, just taken from the forest, whom his keejiers were conveying to his cage. Until a decision should be made as to his future treatment, Phelps was placed in the guard-house at Marlborough. Opinions were various as to the course which should be pursued towards him. By some he was adjudged guilty of death, since he had rendered himself liable to the penalty denounced against him in case he should return. There is a tradition that he was even sentenced to be hung ; that he was informed by those who came to visit him that his doom was fixed ; that the rabid language of the multitude, which he was compelled to hear, justified the sacrifice that was to be made ; and that the reflections natural to one placed in a condition so solemn as was his, were disturbed by the sounds which echoed trom the blows of the workmen as they fashioned in the jail- yard the gallows on which the traitor was to die. Ilajjpily for all parties, gentler counsels prevailed. Prudence 1Y83.] SUFFERINGS OF TIMOTHY PHELPS. 495 or liiimanity dictated another course. Before the court had closed tlieir session, the sheriff received an order " to transport Timothy Phelps, by the nearest and most convenient route, to Bennington jail, and commit him to the keeper thereof, to await the further order of the law in his behalf." He remained dur- ing the rest of the week at Marlborough, under the care of a guard of armed naen, who at the end of that time escorted him across the mountains, and on the lltli of February lodged him in Bennington jaiL Thus was Timothy Phelps, in the dead of a Vermont winter, incarcerated in a cold and cheerless prison with common felons. He was not, however, entirely deprived of sympathy. In the company of his friend and fellow-sufferer, Timothy Church, he passed many an hour which v/ould other- wise have been devoted to the most mournful reflections. Be- ing permitted to maintain a correspondence, he beguiled his moments by writing to his family, and to others whom he be- heved interested in his condition. From the first letter which he wrote, jointly with Col, Church, to Governor Clinton, and from the petition drawn by his father, Charles Phelj)s, which accom- panied it, extracts have been already given. Another commu- nication from the pen of the latter gentleman in behalf of the prisoners, bearing date the 8th of April, shows that Church was not alone in being thrown upon his friends for support. " My son has again sent to me for more money to subsist himself upon in prison ;" wrote Charles Phelps, " how I can get it I know not." It is from the letters of Timothy Phelps himself, however, that a true idea may be formed of his condition while in the jail at Bennington. " You must excuse my scrawl for I wrote it on my knee," he remarked at the close of a letter to Governor Chnton, dated the 1st of May. " I meet with insult on insult," wrote he in another portion of the scrawl. " Vermont authority have seized and sold all my goods, chattels, and estate, and they keep me close confined in jail without any kind of support. My money is all gone, and I live upon the charity of my friends. My family are put to the greatest straits. My health decays, and when hot weather comes I don't know what I shall do. Tlie officers of Vermont tell me that I shall be in jail to all eternity unless I petition to their Governor. I teU them I will see them aU damned before I will, without Congress shall make them a state. It is to my own masters I stand or fall." Proving thus his loyalty both by his words and his deeds, he besought Clinton to inform him whether there was any proba- 496 HISTORY OF EASTERN VERMONT. [1783. bility that Congress would make any exertions to enforce the " rojal law " of the 5th of December last, trusting to which he had returned in spite of the sentence of banishment which had been passed upon him.* In a subsecpient communication, he again reminded Governor CHnton of the losses he had sustained, and of the privations he was enduring in consequence of his attachment to Kew York. Then referring to the last attempt that Congress had made to relieve the subjects of that state, he exclaimed : — "If the au- thority of thirteen sovereign states cannot put one law in force so just as this is, too — a law built on holy writ — the Lord have mercy on them !" " I am in a much worse situation," he added, " than Col. Church was. They have ruined and undone me, and now they seek my life to take it away. I cannot consis- tently with my oath do anything towards petitioning the autho- rity of Yermont, before I hear from my Governor. Tlierefore, if there is no beam of hope that Congress will ever put that law in force, I wish I might know it. Then the world will know that the authority of Thomas Chittenden, Esquire, is above that of all the rest of America." Tlie meat which Phelps was compelled to eat was that which had been condemned as unfit for others. The cruelty of the treatment he experienced, and the loathsomeness of the prison, reduced him to " a low, languishing, and sickly condition," which led him to apprehend that death would soon put an end to his troubles. Not content with subjecting their prisoner to the rigors of cold, hunger, and confinement, some of his more thoughtless persecutors often amused themselves by reviling Gongi'ess, and cursing the troops of the United States in his presence, for the purpose of engaging him in an argument. On one occasion the sherifi" of Bennington county came to him in the dead of night, and told him he was to be hanged in three * The letter from which the above extracts have been made, was foimd by John D. Fonda, at a town-meeting in " Hoosick District," a few daj-s after it was written, " passing from hand to hand," and was by him forwarded to its destina- tion. In the note wliich he sent with it, dated May 8tli, 1783, he said : — " A few days ago I sent some money to Col. Church, understanding his necessity in gaol, and I believe the within letter was meant to be given to me to send to your Excellency. The prisoners not only receive hard usage and threats, but are sometimes thirty-six hours, as I hear, without anything to satisfy their craving appetites. I would have gone myself to see the gentlemen, but, to tell your Excellency the truth, it is not safe for me to go to the gaol to support them." George Clinton Papers in N. Y. State Lib., vol. xvii. doc. 5042. 17S3.] CHAKACTEEISTIC CONDUCT OF ETHAN ALLEN. 497 or four dajs. " I am surprised," remarked Phelps "vvitli compo- sure, " that you should presume to execute the high-sheriff of the county of Cumberland, in the state of New York, which is, by the grace of God, free and independent.'' Tliis answer enraged the Vermont sheriff, and a violent discussion ensued, which ended in a repetition of the threat with which tlie con- versation had begun — a threat intended only to frighten. Hop- ing to obtain, at least, temporary relief, Phelps reminded Judge Kobinson of the disregard paid to the resolves of Congress by the very cruelty wath which he was treated. But the Judge informed him that he looked upon Congress with the utmost disdain, and asked him how he could suppose the people of Vermont could do otherwise than coincide in this sentiment. During his confinement he was sometimes visited by Ethan Allen, whose tyrannical manner, always unpleasant, was parti- cularly distasteful to the imjsrisoned official of Cumberland county. With his accustomed oath, as familiar to his lips as " B}^ the Eternal" is said to have been to the lips of Jackson, Allen would often swear before him that " he would march into Albany with his Green Mountain Boys, and set up and be absolute monarch of all America." His language on other occasions was mingled with that bitter sarcasm so peculiar to himself, and so forcible when he chose to employ it. " Con- gress cannot release you," said he to Phelps ; " I swear tliey can't." " I have written largely," he continued, " concerning the rights of Vermont in books that have been 2:)ublished to the world, and I have also written a remonstrance against these resolves of Congress. All the w'orld knows that Congress can't break up states, much less this state wdiich is the oldest in America." " You have called on your god Clinton," he added, in a manner as taunting as was that employed by Elijah towards the prophets of Baal, " you have called on your god Clinton till you are tired. Call now on your god Congress, and they will answer you as Clinton has done." Spring had passed, the summer had begun, and the suffer- ings of Phelps, whose condition would have been comparatively comfortable had he been treated like a common prisoner, had become almost intolerable. Allen had counselled him to apply to Governor Chittenden for relief, and the silence of Governor Clinton, of whom Phelps had asked advice, was construed as favoring this course. At this juncture he was visited by his wife, who, with her infant six weeks old, and her brother a boy 82 498 HISTORY OF EASTERN TERMONT. [1 ( S3. of sixteen, had crossed the mountains on horseback for the pur- jDose of effecting the liberation of her husband. The appeal which she made to Dr. Joseph Fay, in behalf of the prisoner, was not without effect. " Let him now," said the Doctor, " abandon those who have abandoned him ; adhere to the laws emanating from an authority able and willing to protect him ; and give us his word of honor that he will do so, and he may- be assured that he will thereupon be liberated from prison and protected in his rights." Having determined to obtain his re- lease, if possible, Phelps j)resented to the Council of Yermont, who were then convened at Arlington, a petition in which he prayed to be discharged from the sentence of the court which had been passed upon him in September last, and j^romised "allegiance and obedience" to the laws of the state. Tlie Council required him to j)ay the costs of the trial which had resulted in his imprisonment, together with the charges arising from his commitment and support, and to give a bond with large security for his good behavior. With thes« terms he complied on the 24th of June, and thus was ended an imprison- ment whose effects, both on the body and the mind of the suf- ferer, ceased only with his life.* On the 15tli of June, Charles Phelps was informed that a number of the people of Yermont were coming with an armed force to seize him and others, with the intention of confining them in the jail at Bennington. To avoid the danger he fled to Poughkeepsie, and, in a deposition drawn by Governor Clin- ton, declared his belief that there was a plan on foot to arrest a number of the principal persons opposed to " the pretended state," in order that the collection of Yermont taxes might be rendered more easy. On the same occasion, Timothy Church committed to writing an account of the indignities he had been compelled to suffer. As a result of' the information thus com- municated. Governor Clinton, on the 24th of June, addressed to the latter gentleman, who was about to return to Cumberland county, a letter of advice in these words : — " In consequence of the communications which have been made to me by Mr. Phelps and yourself, with respect to the present situation of the subjects of this state in Cumberland * MS. Narrative of the Phelps Family. MS. Deposition of T. Phelps, Feb'v 7th, 1784. Records of Yt. Council. George Clinton Papers in KY. State Lib., vol. xvii docs. 4939, 5009, 5042, 5066. 1783.] Clinton's letter to TniOTHY chubch. 499 countj, and tlie dangers wliicli tlie}^ appear to be threatened Mdth, I would advise yon in case of an attempt by the usurped government of Vermont to compel obedience and submission from any persons claiming to be subjects of this state, to call out your regiment under the militia law, and, by opposing force to force, endeavor to quell the insurrection : and if any of the inhabitants j)rofessing to be subjects of this state should be made prisoners by the authority of the usurped government, I would advise you to retaliate by taking as many of the insur- gents, and detaining tJiem under secure conduct as hostages, until the matter can be represented to Congress. In order that 3"0u may be prepared to defend yourselves against these vio- lences, it now becomes your duty particularly to see that your regiment is properly j)rovided and equipped with arms and ammunition, agreeable to the directions of the militia law. I would, at the same time, again impress you with the propriety of still strictly observing the resolutions of Congress, recom- mending peace and forbearance, and that you in nowise be the aggressors, and would earnestly advise you to use every pacific mean consistent Math the obligation of allegiance to this state, for preventing matters from being brought to a decision by arms, and that in no instance you recur to force, unless your persons or properties are in certain immediate danger. Taking due care at the same time to guard against surprise, I shall take the earliest opportunity of transmitting to Congress the depositions of yourself and Mr, Phelps, informing of the treat- ment you and Mr. Timothy Phelps have received from the usurped government, and I have no doubt that Congress will discover the necessity of their immediate interference for your relief and protection, agreeable to the public faith solemnly pledged in their resolutions. " From the communications made to me by the delegates of this state, I have reason to believe that if the attention of Congress had not been necessarily diverted from the subject, first by the deranged state of our public affairs, and after- wards by the great event of a peace, they would ere this have taken measures for enforcing obedience to their re- solutions, and have determined as to the boundaries of the state. And I flatter myself the question will very soon be resumed and decided. " There are many considerations which I forbear repeating, and which should induce us to rest the determination of this 500 HI8T0KY OF EASTEKN VERMONT. [1783. matter with Congress, in whose justice we ought to have the fullest confidence, and who can command the force of the United States to carry their decisions into effect."* Such was the language in which Governor Clinton endea- vored to relieve the despondency of men, who, like Church and the Phelpses, were daily subjected to indignities or derision on account of their loyalty to New York. During the summer of 1783, although no outbreaks worthy of especial note occurred between the two parties, yet their sus- picions of one another increased daily. In Guilford the York- ers held the power and prevented the Vermonters from execut- ing their laws and collecting taxes. But this exercise of author- ity did not prevent the Yermonters from maintaining a cor- respondence with the state government. By means of commit- tees, the Council were informed of the movements of the oppos- ing party, and a knowledge of this communication served as a partial check upon the conduct of the Yoi-kers. The result of sucli a condition of affairs was mutual terror and distrust. Arms were carried — by the bold openly for assault when oppor- tunity offered, by the timid secretly for defence when necessity compelled. Houses were divided — the father upholding the jurisdiction of New York, the sons maintaining the supremacy of Yermont. Friendships the most intimate were disturbed. The word neighbor carried no meaning with it beyond the idea of contiguity. The physician could not visit his patient in safety unless protected by a pass. The minister of the gospel failed to enforce the doctrine of Christian charity on the hearts of men who knew none for one another. Letters from Governor Cliittenden were circulated by the one party, denouncing the severest retribution upon those who should disregard the laws of Yermont. Words of encouragement issuing from Governor Clinton were repeated by the other party with great unction, and better times were prophesied when Congress should enforce the claims of New York. Handbills, inflammatory in nature and un conciliatory in spirit, were posted on tavern, and on dwelling, and on fence ; were seen peering from tlie pockets of sturdy farmers ; and were thrust under doors at night to be picked up and read in the morning. Social order was at an end. The farm and the workshop were neglected. But for the mutual suspicion that lurked in every eye and burned for utter- • George Clinton Papers in N. Y. State Lib., voL xvii. docs. 5104, 5105, 5106. 1TS3.] KESOLUTE ATTITUDE OF THE NEW YORK PAETY. 501 ance on every tongue, one would have supposed that an Indian force was expected, as in earlier times, that had vowed to ravage the fields, burn the village, and murder the people. Sometimes the Vermont authorities would determine to arrest a " violent Yorker." A scene of confusion would ensue resem- bling the beginning of a civil war. The pay-rolls, which are still preserved, bear witness to the frequency of the calls made upon the soldiery on both sides of the mountains to " go on an expedition to assist the sheriff in Windham county." The resistance of the New York party had now assumed a form so determined, that the government of Vermont were convinced, that, unless speedy and stringent measures were taken, results would follow which might be fatal to the w^ell- being of the state. At the autumnal session of the Legislature, the condition of the state was the principal topic of discussion. To ascertain the views of all to whom the administration of the government had been entrusted, the Governor, the Council, and the General Assembly united in grand committee on the 22d of October, and in this capacity held a long and serious consul- tation. Forcible resistance was deemed the only remedy which could be applied with any hope of success, and the measures recommended were consequently of this nature. The report of the committee was readily adopted by the General Assembly, and an act was passed for " the purpose of raising one hundred able, effective men to assist the civil authority in carrying into execution the law in the southern part of the county of Wind- ham." In the preamble of this act it was stated that a number of persons living in the southern part of the aforesaid county, had banded together " to oppose sheriffs, constables, and col- lectors in the due execution of their offices," and in many instances had proceeded to "outrageous abuses" which threat- ened the ruin of government unless speedily remedied. The command of this special company of state troops was entrusted to Col. Benjamin Wait; and to him and to Brig.- Gen. Samuel Fletcher power was given to discharge the new levies within the six months for which they were to be enlisted, provided they should have accomplished the end desired before the close of that period. The}^ were required to furnish them- selves with arms, but the commissary-general was directed to supply them with ammunition, provisions, and " spirituous liquor." In the subsequent deliberations of the grand com- mittee it was distinctly asserted that the intention of govern- 502 HISTORY OF EASTEKN VERMONT. [1783. ment Avas not " to be severe " with those who had heretofore opposed the hiAvs of Vermont, provided they should now become citizens of the state. Colonel Wait was accordingly directed to issue special orders to his men, not to meddle with the person or property of any who should quietly submit. The committee also announced that those who should voluntarily yield, and take the oath of allegiance to the state, should not be prose- cuted on the part of the freemen of the state, until the rising of the next session of the Legislature, and, in addition to this con- cession, engaged at that time to pass an act of pardon in their favor, in case they should petition for forgiveness. At the same time the comndttee notified their intention of using their influ- ence to persuade the Governor and Council to remit the fines which had been previously levied on the Yorkers. In closing their consultation, they declared that the only Avay in which those who had sustained losses by confiscation could receive remuneration, was by submitting to government and asking compensation of the Legislature.* • In conformity with the spirit exhibited in the conciliatory portion of the deliberations of the grand committee, the Gene- ral Assembly, in a formal resolution passed on the 23d, requested Governor Chittenden to issue his proclamation, offering a free and ample pardon to all persons resident in the southern part of Windham county, who, having heretofore opposed constituted authority, should now take the oath of allegiance before any justice of the peace, within thirty days after the promulgation of the offer of forgiveness. On the same day an act, displaying a different temper, was passed by the General Assembly, " to prevent the inhabitants of ISTew York being allowed greater privileges within this state than the inhabitants of this state are allowed within the state of New York." By this act it was settled " that no person or pereons, being an inhabitant or inhabitants of, or residing within the jurisdiction of the state of Xew York, shall, within the time of his, her or their residence as aforesaid, commence any suit or suits at law, within the jurisdiction of this state, against any inhabitant or resident thereof, for any civil matter or con- tract, until the Legislature of said state of New York shall allow the inhabitants of this state full liberty to commence the * Tliompson's Vt. Gazetteer, pp. 142, 143. MS. Report of Grand Committee, Oct. 22d, 1783. Blade's Vt State Papers, pp. 476, 477. 1783.] AJIKEST OF KNOWLTON BY THE YOKKERS. 603 like suits within tlieir iurisdiction, and without any such lets or hindrances."* Upon the majority of the Yorkers these measures — some of them defiant, others protective, and still others persuasive — tended to produce an effect contrary to that which had been expected. Opposition served to unite them, and until they should find defeat inevitable they resolved to withstand the execution of laws originating in an authority which they did not acknowledge. At the same time they were equally determined to pursue such a course on other occasions, as they should deem best calculated to promote the interests of New York and of the United States.f Owing to the part which they had borne in the negotiations which Yermont — not only for her own safety as a state, but also as a supporter of the cause of America — had been com- pelled to carry on with the British in Canada, Luke Knowl- ton and Samuel Wells had been suspected of being in the service and pay of the enemy. For this reason Congress, in secret session, had on the 2Tth of !N"ovember, 1782, ordered their arrest. But they, having received notice of the order, had escaped before the officer, sent to take them, could arrive. A year had passed since the occurrence of these transactions, and Knowlton, having returned home, was now residing at Newfane. Many of the Yorkers still supposed him to be in league with the British, and for this reason were desirous of securing him, or of removing him to some other state. With this intention, Francis Prouty, Thomas Whipple, and Jonathan Dunkley of Brattleborough, John Wheeler and Darius Wheeler of Newfane, and a number of others,:}: being armed, as was represented, with " clubs, guns, swords, pistols and bayonets," * Slade's Vt. State Papers, p. 475. f The annexed extract from a newspaper published at this period, contains a brief account of the submission of tlie citizens of Halifax to the authority of Vermont. The course pursued by them, was the reverse of that adopted b}' many of their neighbors. " Windsor, Vermont, December 8, [1783.] Advices from the lower part of Windham county mention that the inhabitants of the town of Halifax, who have heretofore refused to support the authority of Vermont, and acted in opposition to its government, have lately come in almost to a man, taken the oath of allegiance, discharged their arrearage taxes, and appear desirous to assist in quelling those disturbers of tlie public peace, who have long infested the soutliern part of this state." — Boston Evening Post, Saturday, January 3d, 1784. t David Howe, Samuel Noble, Ephraim Knapp, Ephraim Rice, Jonathan Stod- dard, Isaac Kendall, and Isaac Crosby were participators in the seizure — MS. Court Records. 504: HISTORY OF EASTERN VERMONT, [1TS3. assaulted his house about two o'clock on the morning of the 16th of November, 1783, and, having made a forcible entrance, took him prisoner, conveyed him across the line of the state into Massachusetts, and there left him. As soon as the seizure of Knowlton had transpired, Brig.-Gen. Fletcher gave orders for the military to assemble. With prompt obedience more than a hundred men belonging to the regiment of Col. Stephen R. Bradley and Col. John Sergeant rendezvoused and reported themselves ready to act as their leaders should command. But the return of Knowlton after a short absence, and the disper- sion of the Yorkers, rendered their services unnecessary, and prevented a meeting which might have proved disastrous to both parties. The matter was not, however, allowed to rest here. On the 18th of November a complaint was entered against the rioters by Edward Smith, a constable of Newfane, and a M'ar- rant was issued by Samuel Fletcher as one of the Councillors of the state, for their arrest. Thomas Whipple and John Wheeler were taken without difficulty or delay, and a justices' court was immediately organized — Samuel Fletcher, who was also a civil officer, ]')residing — for the examination of the delin- quents. Whipple, being charged with an assault, acknowledged his guilt, and stated that he with a number of others had, in obedience to the commands of Francis Prouty, assisted in carrying Knowlton withoiit the bounds of Yermont. Having given bonds in the sum of "£100 with sureties for his appear- ance, he was dismissed until the next session of the Superior court. The result of Wheeler's examination is not recorded. A few days later Jonathan Duukley was arrested, and on exam- ination had before Mr. Fletcher, on the 27th, was recognised in the same amount of bail that had served to effect the temporary release of Whipple. The constable's returns show that he further succeeded in taking " the body of Darius Wheeler," on the Sith, and that John Wheeler became responsible for his appearance before Mr. Fletcher. No account of his examination has been preserved. The chief offender, Francis Prouty, was still at large, and it was well known that it would not be as easy to secure him as it had been to secure his abettors. When the brave deputy sheriff, Barzillai Rice, sought for him, he found him, on the 1st of December, at home, in company with five of his neigh- bors. The little party were well provided with guns and pitch- forks, the latter having been turned from a peaceful use to a 17S3,] VAKIOUS CAPTUKES. 505 service of an opposite nature. On approaching the Louse, the deputy was confronted by Proutj, who, in language striking and emphatic, warned him to desist, and declared he would " be the death of him," or, at the least, would " let out his guts," in case the deputy should attempt to enter his domicil or touch his person. Well knowing that the pitchfork by its peculiar conformation, is admirably adapted to inflict wounds of a remarkable nature, the deputy resolved to finish his call at ]VIr. Prouty's on some other occasion, when, even if his official presence should not be more acceptable than now, his person might be more secure. The day that witnessed the defeat of the deputy at Brattle- borough, by means of " guns and pitchforks," beheld an assem- blage at Guilford numbering more than seventy Yorkers, armed " with dangerous and off'ensive weapons." Tlieir rage on this occasion was directed against Benjamin Carpenter, a staunch Vermonter, who had already held many important positions both on the field of battle and in the administration of govern- ment, and of whose phj'sical and mental condition combined his epitaph has preserved a quaint record, which declares that his " Stature was about six feet. "Weight 200. Death had no terror." But even these qualifications, sufficient to disarm the last enemy of his power, were not of a nature to protect their l)ossessor from the attacks of an earthly foe. He was taken prisoner by the Yorkers,* and carried away " to his great damage." There is no written, printed, or traditional account to show in what this damage consisted, nor is there reason to believe that it was very serious in its nature. Whatever it might have been, he survived it many years, and lived to see the final establishment of the state, of whose constitution and government he was a founder. Occurrences like these were sufficient to convince the government of Vermont of the deter- mined nature of the opposition of the Yorkers. Betaliation, as on former occasions, was again resorted to. Though William Shattuck had not been released from the penalties which had been imposed upon him by the decree of banishment, yet so long as he refrained from inimical acts he * The more prominent actors in this seizure were, Abraham Avery, Cyril Car- penter, James Davison, Hezekiah Broad, Henry Evans, Nathaniel Carpenter, Adonijah Putnam, Joshua Nurse, Jotham Bigelow, Newell Earl, Henry Evans Jr., Joseph Peck, Daniel Ashcraft, Joseph Shepardson, David Goodenough, all of Guil- ford ; Charles Phelps of Marlborough ; and Eleazer Church of Brattleborough. 606 HISTORY OF EASTERN VERMONT. [1783. was allowed to Ih^e in the undisturbed possession of liis house and farm. Still he was obliged to render to the treasurer of the state of Yermont an account of the income and expenses of his estate. Having again become obnoxious to government, he was arrested on the 25th of December bj Oliver Waters, a Brattleborough constable. Being placed in charge of a guard commanded bj Major Bojden, he was conveyed to Westminster. Here, after undergoing an examination before Justice Nathan Fisk, in consequence of the disregard he had shown to the sen- tence by which he had been forbidden to return on pain of death, he was sentenced on the 2Tth to be imprisoned in " Ben- nington Gaol," without " bail or mainprize," until he should be discharged by due course of law. Again, under the direction of Waters and his posse, he was escorted across the mountains to his place of destination, where he was confined in irons on the 3d of January, 1784,* Kindly treatment had also been manifested towards Charles Phelps, although he had been indicted at the same time that his four friends were banished. By a resolution of the General Assembly of Vermont, passed on the 20th of October, 1783, Governor Chittenden had been requested to grant him permis- sion to visit AVestminster ; to attend upon the deliberations of the General Assembly then in session at that place ; and to return to his place of abode. This request was complied with on the 21st of October, and he was allowed " to pass unmolested from Walpole" to Westminster, there to remain during the Governor's pleasure, and thence to return to Walpole. All persons were warned to take notice of this permission, and to " govern themselves accordingly." Subsequent acts of opposi- tion again brought him into a hostile position in the eyes of the Yermonters. On the 3d of January, 1781, a warrant was issued for his arrest. Being taken on the 4th he was imprisoned in the jail at AVestminster, and the keeper was ordered to retain him in custody until the courts should declare their opinion respecting his future treatment.f Terrified at the summary manner in which the government of Yermont appeared determined to treat its opponents, a number of the most prominent adherents of the New York party assem- bled at Brattleborough on the 6th of January, and addressed a * SIS. Court Records. Papers in office Sec. State Vt. MS. Papers of S. R. Bradley. f MS. Papers of S. R. Bradley. 178 Jr.] PETITION TO GOVERNOR CHITTENDEN. 507 petition to the authorities of the state, couched in these words : " Whereas the exigences of the people living in sundry of the towns on the Grants, viz., Brattleborough, Guilford, Hinsdale, and others, demand the most serious consideration of the virtuous citizens both of the subjects of New York and Yer- mont, and a zealous assiduity to come to some equitable and salutary measures to prevent aU kinds of severity against each other, or any hostile measures which will finally bar the bene- volent exertions of the subscribers in their humble address to the authority of Yermont. " Therefore it is most humbly prayed and earnestly* desired by each of us, the subscribers, that the authority of Yermont would immediately release Major Shattuck and Esquire Phelps from their present imprisonment ; also cease from acts of the like kind, and restrain the troops raised and to be commanded by Colonel Wait, from marching for the support of the govern- ment, until the rising of the next session of Assembly in Febru- ary next, at which session of Assembly, the subscribers, who profess tliemselves to be subjects of New York, really intend by themselves or by agents appointed for that purpose, to make application to said Assembly of Yermont, for a general purifi- cation, and an amicable settlement of past misunderstandings and things which have happened between the people claiining to be subjects of New York and Yermont, upon just and equi- table terms, consistent with the rights of mankind, the constitu- tion of Yermont, and the authority of the United States of America." * The reply of Governor Chittenden to this communication, dictated by those principles of loyalty which he owed to the state, and expressed in his own terse and emphatic language, was far from an endorsement of the views which had been set forth by the petitioners. " Gentlemen," he wrote on the 10th of February, " I received a request signed by you, which appeared to be designed for the consideration of the authority of tliis state. Yiewing it to have come only from those in oppo- sition to this government, it would not admit of an answer for many reasons which appear obvious from the tenor and style of your writing. I shall, however, inform you, my friends, of my * The names appended to this petition were those of John Bridgman, Samuel Knight, John Houghton, Jonatlian Hunt, William Biglow, Timothy Church, Henry- Evans, Jotham Biglow, Orlando Bridgman, Francis Prouty, Edward Carpenter, Timothy Phelps, Hezekiah Stowel, Amos Tute, Elijah Prouty, Rutherford Hays. 508 HISTORY OF EASTERN VERMONT. [1784. sentiments respecting the matters contained in it. Tlie prospects I liave had, which are well known to jou, since the rising of the Assembly, of a general snbmission which was the only object of government, have been the only cause of the unexpected delay of the march of the troops. " I am very certain were the Assembly now sitting they would have no bargain to make with the people who have given us so much trouble without any object. I cannot say what might be done by them to prevent the march of Colonel Wait's troops. This I can say, that nothing short of an imme- diate and universal submission can effect it."* Pending this correspondence, the Vermonters continued to harass the Yorkers with an energy which . accorded well with the late proceedings of the General Assembly. Although a warrant for the arrest of Francis Prouty had been in the hands of the constable for more than a month, yet by his vigilance the wily Lieutenant had eluded all efforts to take him. His capture was effected at last by a party of men who broke into his house on the evening of the 8th of January, and removed him thence to prison. On the same night Seth Clark, a New York sergeant, was disposed of in a similar manner. Deter- mined to teach the Guilfordites a lesson, a party of five men, armed and prepared for attack or defence, entered the house of Capt. Joseph Peck, a few hours after the arrest of Prouty and Clark, leaving a number of persons on the outside in case their aid should be needed. Not finding the object of their search, and being unable to obtain any information from Mrs. Peck on the subject, they plundered the house, carrying off a sword and such other weapons as they could obtain. About one o'clock on the morning of the 9tli the same party entered the dwelling of Maj. Henry Evans, whom they could not find, and of whom his wife could give no reliable account. A candle and a tinder- box, taken from the ample pocket of one of the intruders, gave them light in prosecuting their investigations, and enabled them to appropriate a gun, a sword, and a quantity of ammunition, as the reward of their labors. Tliey next entered the house of Mary Carpenter, but finding there neither arms nor men, be- took themselves to the residence of Hezekiah Broad, and made inquiries for him of his wife Sarah. In this instance, as in two of the instances already mentioned, their visit was without suc- « MSS. in office Sec. State Vt., ix. 229, 1784.] LETTER OF S. K. BRADLEY. 609 cess. Broad, like many otlier Guilfordites, had been warned of their coming, and had wisely withdrawn from observation. In enterprises like these they were engaged until morning, and were so fortunate as to secure a number of old blunderbusses, rusty swords, curiously carved powder-horns, pursy bullet-bags, and long, snake-like shot-pouches.* Willing to put an end to these nocturnal visitations, Stej)hen E. Bradley, on the 10th of January, addressed a letter " To the inhabitants of the town of Guilford and its vicinity, who have been opposing the government of Vermont." " I oflicially ac- quaint you, as Attorney-General for the freemen of the state of Yermont," said he in this communication, " that government wishes for your welfare as a people, and notwithstanding the coercive measures that are adopted, are willing to do every- thing for you consistent with the welfare of government ; and I now assure you, upon your desisting from your opposition, and returning peaceably to your families, your persons and proper- ties shall be protected ; and in order for that, upon your certi- fjdng under your hands on your parol of honor to me, or to the sheriff of this county, or his deputy, or to Major Josiah Boy den of Fulham, that you will not directly nor indirectly do any act or thing prejudicial to the state of Yermont, all prosecutions against any of you shall be no further prosecuted till the rising of the next General Assembly, when I trust you may meet with all desired lenity. I except nevertheless all persons who have been taken by the officers of government, and such as have been banished. "What you do in this respect must be soon, as the matter is now become serious." Irritated by the indignities to which they had been subjected, the Yorkers were in no spirit to accept of conditions or apply for pardon. Meantime the Yermonters persisted in executing the laws of their state. On the 10th, warrants were issued for the arrest of Henry Evans of Guilford, and Eleazer Church and Nathaniel Chandler of Brat- tleborough. Church, who was taken on the 12th, was brought before Justice Nathan Fisk of Westminster, and being charged with " treasonable conduct" was lodged in the jail of that town, "loaded with irons." On the 13th, Chandler was also com- mitted, f From the latter part of October, 1783, to the present time, a detachment of state troops, which had varied in number from * Various MS. Depositions. f MS. Papers in office Sec. State Vt. 510 HISTORY OF EASTERN VERilONT. [1784:. twenty-five to sixt3^-five, had been under arms for the purpose of quelling any outbreaks that might arise, and for assisting the sheriff in performing the duties of his office. They it were who had made arrests in the night time, and removed such means of defence as they could find, from the houses of the op- position. The quarters of Com.-Gen. Joseph Farnsworth, Maj. Josiah Boyden, Ens. Oliver Waters, and Lieut. Experience Fisk, the officers of this detachment, were at the inn of Josiah Arms, in Brattleborough. Enraged by the conduct of the sol- diers of this detachment, the Yorkers determined to retaliate by taking some of them prisoners. With this intention William White, Daniel Ashcraft,* Joseph Shepdarson Jr., N'athaniel Shepardson, Koah Shepardson, Samuel Melendy, Hezekiah Broad, Samuel Curtis, Moses Yaw, Daniel Cole, Artemas Goodenough, Ithamar Goodenough, and Jotham Biglow, all of Guilford ; Richard Church and Isaac Kendall of Brattlebo- rough ; and a number of others, the whole commanded by ]S"athaniel Carpenter of Guilford, attacked the inn on the 16th, and demanded the immediate delivery of Waters, who had be- come especially obnoxious on account of the energy he had dis- played in behalf of the state. General Farnsworth endeavored to expostulate with them upon the rashness of their conduct, but they were deaf to his remonstrances and renewed their demand in the most peremptory manner. Determined to ac- * At the commencement of the revolutionary war, ilr. Ashcraft, who was friendly to the American cause but who did not choose to engage in the struggle, abandoned his dwelling on Fisher's Island within the then province of New York, and removed to the town of Guilford, in Cumberland county. In the disputes which afterwards arose among the settlers on the Xew Hampshire Grants, he supported the claims of the New York adherents, and in the end was compelled to kiivo the state. On the 25th of October, 1784, he petitioned the Legislature of New York for a grant of land in the western part of that state. The commit- tee to whom his petition was referred reported thereon on the 29th, and the con- sideration of his request was, on their recommendation, postponed. Finding that he could obtain no aid in this direction, he presented a petition to the General Assembly of Vermont on the K)th of October, 1TS5, in which he prayed " for a pardon of all offences he had committed" against the state "by adhering to the government of New York." The report of the committee to whom his request was referred stated, that although he had formerly been connected with the opposition, he was " now likely to make a good citizen," and recommended that he should be pardoned by an act of the Legislature, provided he should take the oath of allegiance before the 1st of March, 1786. Tlie report was accepted, and an act was passed agreeable to the recommendation. — MS. Petition to N. Y. Senate. Journal Senate N. Y., 1st Meeting, 8th Session, p. 13. Journals Gen. Ass. Vt, Oct. 1785. 1784.] RETALIATIONS OF THE TORKEES. 511 complisli tlieir object, and enraged by the grievances to which they had been subjected, they commenced an assault npon the house, and riddled the doors and windows with musket balls and buckshot. After firing about thirty times, wounding Major Boyden in the leg, and shooting a traveller through the thigh, they entered the building " in their common, desperate man- ner," as was subsequently stated, and having captured Waters departed with their prey,* The object of Farnsworth in remonstrating with the York- ers was to delaj their attack until the trooj^s, who were quartered about a mile distant, could be informed of the danger with which the officers were threatened. But his efforts, as has been seen, were without avail. Satisfied with the result of their foray, the Yorkers surrounded the prisoner, and ordered him to accompany them. Under a strong guard they conveyed him on foot to the northern lines of the state of Massachusetts, where they fastened on his hands " a huge weight of ill-shaped iron," and consigned him to the care of two of the party, with orders to conduct him to Poughkeepsie, The news of the seiz- ure reached Halifax on the night of the 17th, through the instrumentality of Lieut, John Noyes of Guilford, and pro- duced an intense excitement. Horses and arms were immedi- ately procured, and a company of fifteen menf led by Joseph Tucker started in pursuit. Knowing well the route which their opponents had taken, they followed closely in their track, and on the 18th reached Northampton, where they found Wa- ters. They immediately rescued him, and at the same time secured his guards. Meantime Timothy Phelps, who had been entrusted with a number of dispatches and depositions which he was to deliver to Governor Clinton, had commenced his journey, and having reached Iladley, was visiting his brother Charles, who was a resident of that town. Tucker and his party, who, to use their own language, were " then in high spirits," being unwilling to return without accomplishing some other exploit, determined * In a newspaper account of this affair it is stated that " Waters volimtarily resigned himself up to the party." The court papers, and the other documentary testimony of tliat period, corroborate the version presented in the text. \ Thomas Scott, Stephen Gates, Timothy Woodward, David Williams. Elijah Phillips, Gorhara Noyes, Joel Sumner, Philemon Stacy, Daniel Walworth, Rufus Fisk, Samuel Denniaon, John Noyes, Caleb Owen, Thomas Farnsworth, Nathaniel Whitney. — Tucker's Petition. 512 HISTORY OF EASTERN VERMONT. [1784. to escort Tiniotli j Phelps back to Yermont, in the same maimer in which Waters had been compelled to leave that state. Concealing the object of their visit, they entered Iladley after nightfall, and on approaching the house where Timothy Phelps %vas lodged, asked to be admitted. Springing from his bed and seizing his arms, Charles Phelps rushed to the door, but before he could reach it, Tucker and his men had forced an entrance. A severe struggle en- sued, in which the owner of the dwelling was overpowered and thrown to the floor. As the rioters were proceeding to bind him, his wife appeared and claimed him as her husband. At the same time Timothy Phelps came forward, and the rioters perceiving their mistake allowed the supposed offender to arise, and seizing his brother secured him and departed, with the intention of confining him in Bennington jail, where he had already spent so many months. As soon as Tucker and his party had gone, Charles Phelps hastened to Elisha Porter, the sheriff of Hampshire county, and informed him of the occurrences of the evening. Warrants were immediately issued, a number of the local militia who were commanded by Phelps were placed under arms, a j^osse was also collected, and the whole party, thirty strong, mounted, and headed by the sheriff, were soon in hot pursuit. On reach- ing Hatfield, Waters's party had been joined by twelve more of the state troops of Yermont, and with this reinforcement they were pushing forward with as much speed as the circumstances would allow. Dashing on without once drawing rein, their pur- suers followed with spirit and determination. At eight o'clock on the morning of the 19tli the rioters were overtaken at Bloody Brook in Deerfield, where they had dismounted to refresli both themselves and their horses. Entering the room where they were engaged at breakfast, the sheriff exclaimed, " Where are these damned Yermonters ?" and without giving them time to rally, the men of Hampshire county commenced the attack. The rioters, ignorant of the legal authority under which their opponents were acting, and taking them for Yorkers, resisted with vigor. In the midst of the struggle which was now becoming serious, the sheriff made known his official charac- ter, and pronounced the rioters his prisoners. Satisfied that resist- ance to such authority would be likely to terminate unfortunately. Waters and his party submitted to the sheriff, released Timothy Phelps, and were carried back to Hadley. There they were tried before three justices. Four of them were found guilty of 1784.] SENTEKCE OF TUCKER AND HIS ASSOCIATES. 513 riotous conduct, and were adjudged to pay in fines and costs £21 8s. Tucker, in liis relation of the aftair, stated tliat this verdict was obtained through the instrumentalitj of Charles Phelps of Iladlej, and that the views of the sherifi' were so much changed when all the circumstances connected with the aflfair were made known to him, that he frankly forgave the Yermonters, although he had received more wounds than all the rest of his party, eulogized them in open court as " good fellows," and promised his assistance in the future " both as a gentleman and a magistrate," in preventing their fellow-citizens from being " carried through that vicinity by the Yorkers."* * Ou the 25tli of February following, Tucker and bis associates petitioned the General Assenably of Vermont who were then in session at Bennington, for a reimbursement of the expenses which they had incurred in these proceedings. Defending the course they had pursued, " we did all this," said they, " solely out of loyalty and friendship to this government, and although we did not carry our points in everything, yet we prevented Mr. "Waters from beisig now confined in New York, which doubtless the Yorkers would have gloried much in ; and also obtained the favor of the officer in the Massachusetts state, be- fore mentioned, which will, in all probability, be interesting to this state." Their petition was referred to a committee of three, who subsequently met and cousulted with a committee from the Council consisting of Ira Allen. The report of the joint committee was accepted on the 5th of March, and an order was passed directing the sale of so much of the estate of Charles Phelps of Marl- borough, which had already been confiscated to the use of the state, as should amount to £49 IBs. lid., the sum claimed by the petitioners. At this point the subject, it is believed, was dropped, and was probably never again revived. — MS. Accounts of the Capture of Waters, Tucker, Phelps, etc. Thompson's Vt. Ga- zetteer, p. 142. South Carolina Gazette, Feb. 2, 1784. 33 CHAPTER XIX. THE END OF EESISTANCE. The gathering of the Vermont militia at Brattleborough — The number of the force — The march to Guilfoi'd in the snow storm — Spies — The Yorkers retreat — The fight at Packard's house — Sergeant Silvanus Fisk of the Vermont troops mor- tally wounded — Ethan Allen arrives with reinforcements — A number of Yorkers taken prisoners, and lodged in the jail at Westminster — The session of the Superior court at Westminster — Twenty-five Yorkers arraigned at the bar — Their trial — Conviction — Sentence — Vennonters take Daniel Shepardson pri- soner — Instruction to New York delegates in Congress — Report of joint commit- tee of Senate and Assembly of New York on the late transactions — Additional instructions — William Shattuek — Charles Phelps — Offenders pardoned — Resolu- tions of the General Assembly and Council of Vermont — The militia force at Guilford reduced — David Goodenough — He and Daniel Spicer are fired on by a scout from Lieut. Knight's company — Spicer is killed — Barbarous conduct of the Vermont militia — Account of Daniel and Jabez Spicer — Lieut. Knight informs the Legislature of Vermont of the proceedings at Guilford — Action of the Legislature — Rumors of war — The condition of Guilford — Governor Han- cock's proclamation — County house at Windsor — Attempt to interest Congress in the controversy — Court of Inquiry held at Westminster — The Yorkers petition for pardon — Their request granted by an act of the General Assembly — Charles Phelps pardoned — Letter of citizens of Brattleborough and Guilford to Gov. Clinton — Improved condition of Vermont. In the midst of these transactions, Colonel Church and Major Evans wrote to Governor Clinton, begging him to adopt such measures as would tend to their relief, and free them from the oppressions of the Yermonters, In their letter of the 16th of January, they informed him, that they were forced to be under arms day and night ; detailed to him the names of those who had been imprisoned ; and, filled with the dread of their foes and ready to believe every rumor which might be suggested, reported that an army of four hundred or five hundred Yer- monters were already stationed in separate divisions at Brattle- borough, Marlborough, and Halifax, ready to " kill, burn, and destroy all before them." These representations, although exag- 17Si,] THE NUMBEE OF THE FOKCE. 515 gerated, were destined to be verified, in part, during the follow- ing week. The seizure of Waters had confirmed the Verm outers in the determination they had taken to subdue the Yorkers by military force, and the time had now come for the execution of this design. The colonels of two of the nearest regiments were immediately informed that the period for action had arrived, and were requested to collect their companies and proceed without delay to the seat of war. On Saturday the lYth of January, the day succeeding the publication of these orders, troops began to assemble, towards evening, at the rendezvous in Brattleborough, the inn of Josiah Arms. On the following day reinforcements arrived from the neighboring towns, and the usually quiet village rapidly assumed the appearance of a military station. The quiet of Sunday was disturbed by the roll of the drum and the shrill notes of the fife. The place of worship was deserted, for all were interested in the contemplated proceedings. Those who acknowledged the government of Yermont, freely opened their houses to the soldiers, while those who owed allegiance to New York barred their doors, and carefully guarded every entrance to their dwellings. Bullets were moulded ; guns prepared ; belts fur- nished ; buckles polished ; dresses lacking in martial appearance were made more martial ; and any arrangement which would tend to expedite the march was perfected. The number of men who reported themselves on the morning of Monday, the 19th, ready for service, was more than three hundred. The regiment of state troops, the command of which had been given to Col. Benjamin Wait, mustered nearly a hundred guns, and was officered by Lieut.-Col. Elijah Knight, Maj. Josiah Boyden, and Capt. Benjamin Whitney. Of the first brigade of the militia under the command of Gen. -Samuel Fletcher, the first regiment was officered by Col. Stephen E. Bradley, Maj. Samuel Minott, Adjt. Eliakim Spooner, and Quarter Master Benjamin Burt. From this regiment there were now assembled a comj^any from Townshend of fifty-three men, commanded by Capt. Josiah Fisk ; one from Westminster of forty-four men, under the command of Capt. Silas Burk ; one from Putney of twenty-seven men, in charge of Lieut. Ebenezer Parker; and one from Rockingham of twenty-two men, commanded by Capt. John Fuller, Of the regiment of Col. John Sergeants, belonging also to Gen. Fletcher's brigade, Capt. Isaac Wheeler commanded a company from Wilmington 516 HISTORY OF EASTERN VERMONT. [1784. of tliirty-two men ; Lieut. Daniel Gates one from Dummerston of twenty-two men ; and Sergt. Sylvester Bishop one from Marl- borough of fifteen men. Snow had begun to fall early on Monday morning, and when, a few^ hours after sunrise, the troops commenced their march, the storm had become so severe, and the roads so obstructed, that rackets were found of great assistance in increasing loco- motion. As the little army, piloted by Samuel Shepardson, advanced in a southwesterly direction, a violent northwester blowing the snow upon the right side of their faces, served to increase the unj)leasantness of the undertaking. The ordnance department was composed of one old cannon, almost useless, from Dummerston, and was su^^erintended by Ebenezer Haven and Isaac Miller. The soldiers marched in single file, about three paces distant one from another, and as they wound through the woods, appearing here at a clearing, and anon dis- appearing in a thicket, the effect upon those who beheld them was far more beneficial in inspiring fear, than w'ould have been the display of a dozen field-pieces. The long procession, but dimly seen through the falling snow, left full scope for the imagination, and many believed that a numerous host was coming to ravage, burn, and destro}''. In the lower part of Brattleborough, the advanced guard noticed on the further side of the fence that skirted the road, a man on horseback stationed on a little elevation, who rode off at their approach. Others similarly posted were met further on, and it now became evident that spies had been placed along the whole line of the route by which the troops were advancing. The service which these spies unintentionally performed for the Yermonters, was far from being trivial. Deceived by the appearance of the approaching columns, they rode back to their friends and reported that the enemy was a thousand strong. At the same time the Yermonters were informed by some persons whom they had captured, that the Yorkers to the number of a hundred and sixty, had taken a pledge to figlit to the death. At Guilford the soldiers halted for the night, obtaining shelter in houses, barns, and such other places as afforded protection from the storm. On the morning of Tuesday, the 20th, hostiUties commenced. About forty Yorkers had rendezvoused at a house in Guilford occupied by a man named Stowell, and had stationed themselves not only within, but around the building, and behind an adjacent 1784.] COMMENCEMENT OF HOSTILITIES. SlY pile of logs. But at the sight of the armed militia they quailed and fled, with the exception of eight or ten who were captured. After running half a mile, their course being most of the way- descending, they again took a position in the house of a Mrs. Holton, a widow, situated on a plain, and again swore to stand their ground and " fight it out." Meantime Captain Burke's men, with two other companies, stopped and took possession of Stowell's house, while Captain Whitney and his followers pushed on to dislodge the Yorkers at Holton's. Tliis was easily effected, for no sooner had Whitney and his troops reached the house than the Yorkers again ran, halting at a point about half a mile further on. It was now between two and three o'clock in the afternoon, and as the valiant soldiery had found that they could enjoy accommodations in the houses which had been vacated by the Yorkers, they determined to suspend all warlike operations of an aggressive character until the morning. Having taken good heed to station guards about their encampments, and to send out spies to watch the motions of the enemy, they made preparations to spend the night as agreeably as their circum- stances would permit. On Wednesday, the 21st, the troops assembled at Stowell's house. Part of them were detached thence to reconnoitre in Marlborough and Halifax, w^hile the main body advanced in pursuit of the Yorkers. The snow had now become so deep that the officers, being on foot, found it difficult to perform their duty with all the alacrity which the circumstances required. Horses were accordingly procured for Colonel Bradley, Adju- tant Spooner, Dr. Elkanah Day, and others, and the supervision of afiairs was thus rendered easier and more complete. On reaching the top of a hill, distant about a mile and a half from the Massachusetts line, the house of one Packard, a justice of the peace, near which it was supposed the Yorkers were assembled, was easily discerned. The Yermonters pressed forward, and as they approached the building, thirty or forty Yorkers, who were within at dinner, rushed out with their guns, and began to station themselves in an advantageous position. At Packard's house commenced a valley running south, through which lay the road. The elevation on the right had been cleared of brush and underwood, but there were still standing a number of girdled hemlocks, whose size and position afforded a safe cover to which to flee or whence to assail. A scattering growth of sugar maples on the elevation at the left, oflered similar advan- 518 HISTORY OF EASTEKN VERMONT. [1784. tages. Across tlie road the bole of a large tree had been thrown, behind which and the trees on either side, the Yorkers awaited the approach of the troops. As thej advanced, 'Squire Packard appeared at the door of his dwelling, and begged Sergt. Silvanus Fisk, who was temporarily in command of the advance company, not to proceed, telling him at the same time that as soon as he should pass a certain blacksmith's shop, situated a short distance before him, he and his company would certainly be fired upon. Fisk, a young man, rash and impetuous, was not disposed to pay much attention to this warning. When passing through Westminster, in reply to some inquiry as to the course which was to be pursued towards the opposition, he had been heard to say in one of the rough expressions of a farmer, that he would show the Yorkers " how the pig ate the butter," thus signifying, by an aUusion now obsolete, that he would teach the oppo- nents of Vermont a lesson which they would not soon forget. His daring did not now desert him, and his men, partaking of his spirit, followed where he led. The given point was soon reached, but the Vermonters had hardly passed it, when a discharge from the right proved the truth of Packard's assertion. No injury followed this assault. Tlie troops pressed forward and were again fired upon from the barricade in front. As the smoke occasioned by this volley cleared away, a man distinguished by the blue coat which he wore came from behind the maples, and with deliberate aim discharged his gun at Sergeant Fisk. Tlie ball took effect, entering at the right side of the stomach and passing into the groin. " Are you badly hurt, Sergeant ?" said Private Tlieophilus Crawford, who was standing near him. " God bless you !" replied Fisk, " don't ask any questions, but push on and kill some of the devils." Encouraged by these words, his men gave chase to the now retreating Yorkers, and, pursuing them with hot haste, drove them more than half a mile beyond the boundaries of Yermout, and within the limits of Massa- chusetts. Unable to walk, Fisk was placed on a sleigh, and being taken to Mrs. Holton's dwelling was treated with all the attentions which kindness could suggest. But his wound proved incurable, and he died before the close of the following spring. The only other person who suffered on this occasion was Joel Knight of Dummerston, who was slightly injured in the arm by a bullet. 1784.] MOVEMENTS OF VERMONT TROOPS. 519 Driven from their homes, the Yorkers applied for assistance to the inhabitants of the towns in Massachusetts to which they had fled. Tliis was readily granted as far as food and shelter would avail, but no one was willing to engage in acts of hosti- hty against the neighboring state, without orders from Congress. Hoping to obtain favorable terms, the Yorkers sent a flag to their " unnatural enemy," as they styled the Yermonters, pro- mising passive obedience until the rising of the Yermont Assem- bly, provided they should be permitted to return to their homes and remain there unmolested. To their message they received no reply, and the person by whom it was cai-ried was detained as a prisoner. On the 22d, Ethan Allen arrived with ammunition and reinforcements. Of the companies from Bennington which came with him, one was commanded by Capt. Joseph Saiford, another by Capt. Hezekiah Armstrong, and a third by Capt. Joseph Wickwire. Not daring to make an incursion within the juris- diction of Massachusetts in pursuit of the Yorkers, who had fled thither for safety, and deeming it useless to remain longer in a place where their presence could be of no essential service to the cause they maintained, the officers from both sides of the mountains, after a long consultation, concluded to return. To render the march more easy, a company were dispatched, in the morning, to break a road through the snow which was now nearly four feet in depth on the level. Leaving Stowell's house two hours before sunset, the main body of the troops began their march, having in charge about twenty prisoners, and reached the tavern of Landlord Arms, in Brattleborough, the same night. Here a portion of the troops were dismissed. On the morning of the 23d the remainder proceeded to Westminster, where the Yorkers were lodged in jail to await their trial at the next session of the Superior court. During the time which intervened between the commitment and the trial, the prisoners were guarded by a strong military watch, and every precaution was taken to prevent their escape. An account of these proceedings was sent by Colonel Church and Major Evans to Governor Clinton, and a request was made that he would write to the Governor of Massachusetts, if such an act was proper, and desire him to send relief to the unfor- tunate subjects of New York. " We are driven from our habi- tations," said they. " Our houses are plundered. Our posses- sions taken from us. We are in a very miserable situation, and 520 HISTORY OF EASTEEN YEEMONT. [ITSJ:. implore your Excellency's interposition, our case being really deplorable."* On the 3d of February the Superior court commenced its session at Westminster, Moses Robinson, chief judge, presiding. About twenty-five prisoners were arraigned at the bar. Francis Prouty, who had been engaged in the month of November last, at the head of a number of men, in conveying Luke Knowlton without the borders of Yermont, pleaded guilty to the indict- ment of the grand jurors, and was sentenced to pay a fine of £30, witli costs of prosecution, and to be " imprisoned in close confinement for the space of forty days." He was also charged, in a separate indictment, with having entered Knowlton's house on the same occasion burglariously, and with an intent " the goods and chattels of the said Knowlton to steal, take, and carry away." This accusation was not substantiated. To a third charge, that of resisting the deputy sherifi" Bai'zillai Rice, when he endeavored to arrest him on a warrant issued in consequence of his attack upon Knowlton, he pleaded not guilty. The records of the court do not show a decision contrary to the plea. Of those who had been accused of being engaged in an assault upon Benjamin Carpenter in December last, only a few were arrested, and of this number Charles Phelps, Abraham Avery, and Henry Evans pleaded not guilty, and were sentenced to pay the costs of the prosecution. A nol. pros, was entered in behalf of Henry Evans Jr. Cyril Carpenter was alone found guilty, and was sentenced to pay a fine of £20 ; to give bonds for his good behavior; and stand committed until judgment should be com- plied with. As the result of the investigations consequent upon the late hostilities at Guilford, the grand jurors presented charges against a number of the Yorkers. The principal count in the indict- ments was that in which the wounding of Silvanus Fisk " so that his life is greatly despaired of," was set forth. Joseph Wells of Brattleborough pleaded guilty to the charge of being engaged in the proceedings which resulted in this sad event, and was sentenced to pay a fine of £20 and the costs of prosecution ; to be imprisoned six months ; and if the terms of the whole sentence were not complied with at the end of that time, to stand committed until the satisfaction should be complete. Ehjah Curtis, a participator in the same affair, and who entered * MS. Accounts. Old men's narrations. 1784.] MULCTING OF YOKKERS. 621 a plea of not guilty, was fined £10 and the costs of the suit. On another indictment to which Joseph Wells pleaded guilty, the court sentenced the delinqnent to " close confinement " for six months, and fined him £30 and costs. Amos Yaw Jr., charged with some offence, owned that he had disobeyed a Vermont officer. To the remainder of the indictment in his case the State's attorney entered a nol. ^'os. The prisoner was amerced in the sum of £5 and the costs of suit. Charles Phelps was tried for the offences which had been charged against him in the fall of 1782, similar in their nature to those which had resulted in the condemnation of Shattuck, Church, Evans, and Timothy Phelps. His plea was guilty. By the judgment of the court he was attainted of treason ; was sentenced to sixty days' im- prisonment ; and all his estate, real and personal, was forfeited to the use of the state. Edward Carpenter, Asapn Carpenter, Shubael Bullock, Joseph Chamberlain, and David Thurber, all of whom were proved to have been engaged in the disturbances at Guilford, were fined in sums varying with the character of the offences committed. Of the rest of the offenders, scane were mulcted in small amounts ; others were dismissed on paying the costs of prosecution ; and in the case of a few the complaints were withdrawn for want of evidence to sustain them. During the session of the court, Westminster had presented more the appearance of a military encampment than of a peaceful village. With the departure of the dignitaries of the bench, the lawyers of the bar, and the prisoners in the dock, it again assumed its wonted aspect, and the roll of the drum and the shrill notes of the fife gave place to the music of the merry sleigh bells of winter, and left to their jingling notes the monopoly of noise for the rest of the season. For the purpose of keeping the Yorkers in subjection, a por- tion of the troops, comprising Lieut. Elijah Knight's company of twenty men, and Capt. Benjamin AVhitnej^'s of sixty -five, were stationed at Guilford and in the adjacent towns until the 1st of March following. The effect of this watchfulness was to prevent those who had fled from returning, and had not the hospitalities of the inhabitants of the neighboring state been extended to the refugees, their sufferings — multiplied though they were — would have been far more severe and intolerable. Intent upon an excursion of some kind, and finding but little opposition within the borders of Yermont, a party of soldiers set out on the 20th of February, with the determination of 522 HISTORY OF EASTERN VERMONT. [1784. securing Daniel Sliepardson, a sworn magistrate of the state of ]^ew York, and until within a few weeks a resident of Guilford. Proceeding to Northfield, Massachusetts, where Shepardson had taken up his temporary abode, they made him a prisoner, although he was at that time within the jurisdiction of another state, and hurried him back to Vermont, where he was placed in confinement. In many instances the property, which the Yorkers in consequence of their sudden flight had left unpro- tected, was regarded by the militia as legitimate spoil, and not a few of the latter manifested an unbecoming pleasure in despoil- ing their adversaries of such necessaries and conveniences of life as were found in the deserted dwellings. Meantime the Legislature of New York, fully alive to the unhappy situation of the citizens of that state residing in Yer- mont, were endeavoring to obtain from Congress a definitive settlement of the dispute between the contending parties. On the 2d of February, James Duane, from the committee ap- pointed to prepare instructions to the delegates from New York in Congress, jDresented a report to the Senate, in wdiicli among other recommendations, it was advised, that the delegates be instructed " to press Congress for a decision in the long-pro- tracted controversy respecting the rights of this state to the dis- trict commonly called the New Hampshire Grants, not on con- sideration of public expediency, but consistency with the assu- rances of Congress, according to equity. Tliat they represent, in the most pointed terms, the grievous injustice done to the state by such delay, especially after a submission in compliance with the unanimous recommendation of Congress, and claim, most expressly, a performance of the solemn engagement of Congress to make the said decision, on a pledge no less sacred than that of the faith of the United States, which ought not to be violated on any pretence whatsoever. Tliat they likewise represent to Congress the danger which may arise from further procrastination ; that the leaders of the district in question have actually raised troops, and do now employ those troops to re- duce other inhabitants, resident in said district, and acknow- ledging themselves citizens of this state, to submit to the said assumed government ; that when every state ought to be in the full enjoyment of the blessings of peace, under the protection of the Union, this alone is in the disagreeable situation of hav- ing hostilities already commenced against its citizens ; but, tliat if she must recur to force for the preservation of her la"«iul 178-i.] KEPORT OF NEW YOKK LEGISLATIVE COMMITTEE. 523 anthoritv, the impartial world will pronounce that none of the bloodshed, disorder, or disunion, which may ensue, can be imputable to this Legislature, wdio appeal to the Journals of Congress for the rectitude, moderation, and liberality of the measures they have invariably pursued to produce an amicable determination of the controversy. And lastly, that they, if necessary, be most explicit on the subject, and inform Congress that this Legislature conceive themselves to be urgently pressed by the great duty of self-preservation, to prepare, without loss of time, for the worst events : and that, however sincerely they are disposed to maintain the Union, and to manifest an invio- lable respect for Congress, if the decision, which has so long in vain been solicited, should not be pronounced within two months next after nine states shall be represented in Congress, subsequent to this state being represented there, no further expectations can be entertained of such decision, and that this state, with w^hatever deep regret, will be compelled to consider herself as left to pursue her own counsels, destitute of the pro- tection of the United States, to whose judgment they have cheerfully submitted, and on whose justice they have hitherto relied. " The committee further report it as their opinion, that if Congress should delay the decision of the said controversy after the time above limited, it ought to be considered as a denial of justice. That the act entitled ' An act to empower the Con- gress of the United States of America, to determine all con- ti-oversies relative to certain lands in the counties of Cumber- land, Gloucester, Charlotte, and Albany, commonly called the New Hampshire Grants,' passed the 21st day of October, 1YT9,* ought to be repealed, in order that this Legislature may be left at liberty to propose an adjustment of the said dispute in the mode prescribed by the ninth article of the federal union, or to take such other measures as the preservation of their coun- try from lawless invasion and encroachment may require." On the 6th of February, before the instructions had received the sanction of the Legislature, Timothy Phelpsf appeared be- * See ante, p. 365. f After escaping from Oliver Waters on the 19th of January, 1784, as has been previously mentioned, Phelps resumed his journey south-ward. He tarried at Norwich a few days, where his wife was then visiting, and on reaching the city of New York presented to the Senate, who were then in session at that place, eleven papers containing information respecting the situation of the friends of New York in Vermont, which j)aiiers had been entrusted to his care by Samuel 524 HISTORY OF EASTEEN VERMONT. [l7S-±. fore the Senate ; testified under oatli to the maltreatment he had received on account of his allegiance to New York ; and produced a number of papers and depositions " relative to the disorders and violences committed on the well-affected citizens of the state, residing in the north-eastern parts thereof, by per- sons under the authority of the usurped government commonly called Yermont." The information and papers were immedi- ately communicated to the Assembly, and were by them con- sidered on the 7th. By a concurrent resolution of the two Houses, the whole subject was referred to a joint committee composed of Messrs. Ford, Lamb, Nicholson, Coe, and Lott from the Assembly, and Messrs. Duane, Paine, and Floj^d from the Senate. On the 13th Mr. Ford, as chairman of the joint committee, rendered his report to the Assembly. In it he adverted briefly to the principal events connected with the con- troversy, which had occurred since the time when Governor Benning Wentworth made grants " in express violation of a solemn agreement with the former government of this state, that all grants should be suspended until the final decision of the Crown." Turning, then, to the consideration of the present condition of affairs he observed : — " It appears to the committee, that the people wdio style themselves Yerm outers, to prevent all opposition to their project of independence, have actually raised troops and levied war against those of their neighbors within the said district, who yield allegiance to the state of New York ; that hostilities have actually been commenced; that many of the subjects of this state have been imprisoned, loaded with irons, and punished as traitors with the utmost severity ; and that others have been driven from their habitations, and have had their property confiscated, for no other reason than their attachment to this state. " That the papers which were submitted to the committee Bixby, one of the justices of the peace for Ctimberland county by the appoint- ment of jS^ew York. At the same time he exhibited a complaint and a deposition descriptive of his cwn sufferings and condition. While awaiting the result of the deliberations of the Legislature, he " not only expended the little money" he had received from his friends who had sent him on this mission, but was obliged to pawn his clothes in order to procure food and lodgings. In this situation he memorialized the Assembly, begging them to provide him with means sufficient to pay his exi'icnses and " enable him to leave the city with decency and credit." His petition was read on the I'Zth of February, and referred to Messrs. Adgate, Malcom, and Youngs. It is probable that his sufferings were relieved. Journal Ass. N. Y., Vth session, p. 40. 1784.] KEPOET FROM THE JOINT COiESUTTEE. 525 contain sufficient proof of these facts, and an earnest appli- cation from the last mentioned inhabitants to this state, for j)rotection. " Tliat, upon the whole, it is the opinion of the committee, that the most decided measures ought to be pursued, without loss of time, as well for the protection of our said sufiering citi- zens, as for the peace and tranquillity of the said district. "That therefore Congress ought to be earnestly pressed to determine the controverey aforesaid ; and that, to remove aU uneasiness about the right of soil, the concessions respecting the said district ought to be so far enlarged, as to confirm to the said claimants, the lands which they hold within the lines of the towns settled by them, although they may be compre- hended within the bounds of patents of prior date, under the seal of New York, That this concession should be fully gua- ranteed to the said claimants by the United States in Congress assembled ; and that it is the opinion of the committee, that a bill should be ordered to be brought in, for carrying the measures aforesaid into effect." The House agreed with the committee in their report, and the same committee were appointed to bring in a bill " for carrying into effect the measures " they themselves had recom- mended. On the 27tli, instructions to the New York delegates in Congress suggested by the report of the committee, and additional to those which had been introduced on the 2d, were presented to the Senate and adopted. On the same day both sets of instructions were sent to the Assembly, and were con- curred in by them on the 2d of March.* While the Legislature of New York were deliberating, resolving, instructing, and the inhabitants of the southern part of Windham county were engaged in attacking, re- pelling, and defending, the General Assembly of Yermont convened at Bennington on the 19th of February and continued in session until the 9th of March following. The present condition of affairs in the southern part of the state ; the means by which obedience to constituted authority could be enforced ; questions of policy ; and the consideration of the petitions of Yorkers wdio had become obnoxious to punishment, were topics wdiich occupied the time and shared the delibera- tions of the representatives of the people on this occasion. From * Journal Senate, N. Y., 7th session, pp. 16, 17, 20, 21, 42, 43, 44. Journal Assembly, N. Y., 7tli session, pp. 30, 36, 37, 69, 60, 61. 526 HISTORY OF EASTERN VEKMONT. [lY84. liis cell in "Bennington jail," where lie had been confined during the two months preceding, William Shattuck on the 24th of February, supplicated the Assembly for pardon. His request was referred to a joint committee, but their report was laid on the table on the 26th, "for further consideration," and was allowed to remain there during the i-est of the session.* A petition from Charles Phelps, imprisoned in the same place, praying to be released from confinement, was, on the 26th, referred to a joint committee, who recommended in their report of the 27th, " that the said Charles Phelps be immediately dis- charged from his imprisonment ; and, that no part of the estate of said Phelps, which has been seized and confiscated by order of the Supreme court, be sold or disposed of until further orders from the Assembly." Tlie report was accepted, and a bill was introduced, entitled, " An act to discharge Charles Phelps from imprisonment." Having been read and accepted in the Assem- bly, it was sent to the Council and received their concurrence. On the same day Phelps was permitted to appear before the Council, and in their presence voluntarily took "the oath of allegiance and fidelity to the state of Vermont." Though, by this act, he obtained his liberty, his property, which had been taken from him, was not restored, nor was that which remained allowed to rest unmolested. Debts due the government of Ver- mont from insolvent or absconding Yorkers, were satisfied from his estate. His books were borrowed by Vermont lawyers to be * On a subsequent occasion Shattuck petitioned the Council for his release, acquiescing in the justice of the sentence of banishment which had been passed upon liim by the Superior court in September, 1782, and praying for pardon. His prayer was granted on the I'ith of April, 1784, and a resolution was passed, restoring him to partial citizenship, and declaring his estate free from the ban of confiscation. The conditions on which these favors were bestowed, were tliat he should pay to the sheriff of Bennington county £25 lawful money, to meet the costs of prosecution ; satisfy the "just demands" of Nathan Fny, the jail keeper, for board ; and give to the treasurer of the state bonds in £100, lawful money, with sufficient sureties, that he would not " enter or presume to go into the county of Windham, without liberty therefor first had and obtained " from the Council. With these terms he complied, and thus obtained his discharge. A few weeks later he notified to Governor Chittenden the " distressed circumstances " of his family, and his inability to relieve them, except in person. A passport, signed by the Governor and Councillors, was accordingly granted to him on the 8th of June, 1784, by whieli permission was given him to visit his family unmolested. On the 14th of October, 1785, he prayed the General Assembly to release him from the payment of the £-25 bond. The application was dismissed without an answer. Jonrnals Gen. Ass. Vt., and Vt. Council Records, 1784. Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 53. 1784.] REMISSION or fines. 527 used and kept. His cattle were divided among the neigliboring families. Much of his household furniture served to enrich the best rooms of his sturdy opponents. A full pardon granted to him hj the General Assembly at their session in October following, alone saved him from beggary and ruin. During the meeting of the Council, a memorial was presented by Cyril Carpenter, who at the last session of the Superior coui't had been sentenced to pay a fine for being " concerned in a dangerous riot." In it he stated that he had since taken the oath of allegiance; that he intended to " consider himself" in the future as a good and peaceable subject ; that he was a poor man, entirely unable, at present, to satisfy the judgment of the court ; and that he desired a remission of the fine, or a suspension of collection until he should be able to pay. Similar statements were made by others similarly situated, and the whole subject was temporarily settled by the passage of a resolution on the 28th, directing the state's attorney for Windliam county to suspend the collection of fines against Cyril Carpenter, Edward Carpenter, Asaph Carpenter, Amos Yaw Jr., Shubael Bullock, Elijah Curtis, Joseph Chamberlain, and David Tliur- ber, until further orders.*" In the General Assembly, pursuant to a motion offered by Colonel Bradley, the Westminster delegate, a committee, ap- pointed on the 1st of March, were authorized to ascertain the amount of the expenses attending the illness of Sergt. Silvanus risk, occasioned by the injuries he had received from the Yorkers while supporting the authority of the state. Though the report of the committee was rejected, yet a resolution was adopted on the 2d, directing the payment of £35 on his behalf, and the issuing of orders upon the " hard money tax " for the purpose of meeting any charges which might remain unsettled.f Tlie expediency of continuing a body of troops at Guilford was considered at the same session. Tlie opinion of the gentlemen who were selected to report upon this point was favorable to a reduction * October 26th, 1*784. The Council, in session at Rutland, resolved, "that the fine of Edward Carpenter, Asaph Carpenter, and Cyril Carpenter, imposed on them by the Supreme court of this state, be, and is hereby remitted." Extract from Council Minutes. f At the next session of the Assembly, the treasurer was directed by a resolution, passed October 18th, 1184, "to issue an order in favor of Silvanus Fisk, late deceased, who was wounded in the service of this state, for the balance due for his last sickness, by the committee of pay-table, upon either of the collectors of the two-penny tax within this state." Joixrnals, etc. 528 HISTORY OF EASTERN VERMONT. [ITStt. of the force there stationed. Brig.-Geu. Samuel Fletcher was there- fore empowered to proceed to Guilford, and discharge from ser- vice the state troops raised for the assistance of the sheriif of Wind- ham county, with the exception of one lieutenant, one ensign, two sergeants, two corporals, and twenty-one rank and file. In fulfilment of this commission, Fletcher dismissed the militia on the let of March, retaining only Lieut. Elijah Knight, and a company of men under his command of the number ai'id character requisite to meet the Assembly's resolution.* Following this reduction, the Yorkers, who had fled across the southern Une of the sta^e, emboldened by the belief that they would not be resisted as vigorously as they had been dm-ing the preceding three months, began to contemplate a return. Not unfrequently, under cover of the night, they would visit the house of some friendly Vermonter, and engage for an hour in conversation respecting the course which the victors intended to pursue towards the vanquished in the future. TJnwiUing to be regarded as recreant to his duty. Lieutenant Knight redoubled his vigilance, and the opposition were, in consequence, more closely watched than ever before. Among the citizens of Guilford who most strictly adhered to the jurisdiction of New York, David Goodenough was pre-eminent. He had accepted of a lieutenancy from that state ; had been imprisoned for this act ; had been released under large bonds ; and finally, having been ordered out of town, had left his family and taken up his residence tem- porarily in Massachusetts. Desirous of visiting his wife and children, whom he had not seen for some time, and finding it necessary to go by night, as his life had been threatened, he invited Daniel Spicer of Bernardston, " a young man of good repute," to accom2)any him. Spicer accepted the invitation, having, however, previously informed Goodenough that he was neutral on the subject of the existing controversy, and could enter into no quarrel " with the Statesmen," as the Yermonters were then styled. Leaving Goodenough's quarters at nine o'clock on the evening of the 5th of March, the two men set out for Guilford. After proceeding for some distance on the main road, leading north, they strapped on their snow-shoes, that they might be ready to pursue their journey in the woods, should it become * Journals Gen. Ass. Vt, Feb., 1784. 178-1.] DEATH OF D.USriEL SPICER. 529 necessary, and liad advanced about half a mile within the limits of the town of Guilford, when thej were hailed by a " Who comes there ?" from a man " nnder arms," who was stationed at the side of the road. Before time for a reply had been given. Lieutenant Knight appeared with a force of twenty or more men, and following the scout who had discovered the two tra- vellers, endeavored to shoot them down. Aided by the fog which partially concealed the light of a full moon, and which, in a narrow road skirted by a thick forest, destroyed the effect of the reflection from the snow, Goodenough and Spicer endea- vored to make good their escape. Having leaped the fence that bordered the road, they started for the woods. Knight and his party followed with threatening and defiant shouts, and having approached within four rods of Spicer, discharged their pieces at him. One bullet took effect in his hip, and another passed " directly through the trunk of his body," causing a fatal Avound. Pausing in their pursuit, the Yermonters gathered about the disabled man, but, as if destitute of the common instincts of humanity, instead of endeavoring to relieve his sufferings, they taunted him upon his miserable condition, and " ordered him to take his own knife and cut off his snow- shoes," which they claimed as their lawful booty. They then robbed him of his arms, wallet, and money, and having dragged him through the snow, a distance of sixty rods, to a house, left him on the floor weltering in blood, and departed uttering angry oaths at the escape of the Guilford lieutenant, and expressing impious regrets that he was not then in the situation of the dying Spicer. Spicer lingered through the night in great agony and died on the following morning. During his last hours he, with difii- culty, related to "William White and James Davidson, of Guil- ford, the circumstances of the transaction. The facts which he stated with his dying breath were subsequently reduced to writing by them, and sworn to before Judge Kichard Morris of jS^ew York. A narrative of the event was also prepared by four of the New York refugees, who had removed to Bernard- ston, and was by them sent to Governor Clinton. At the close of the latter production, the honest sympathies of the narrators found expression in these words : — " Thus fell the innocent. " Our young men fall by the sword, and no one layeth it to heart. " Traveller, can you refrain from shedding a tear ? 34 530 HISTORY OF EASTERN VERMONT. [1784. " We must fall victims to the most savage, barbarous, and imirderons usage, unless God, in bis all-wise providence, is pleased to incline our fellow-countrjmen to give us assistance in this dark and dismal hour." Spicer had served as a sergeant in the militia of Massachu- setts during the revolutionary war, and had obtained his dis- charge in the month of June previous to his death. As has been already observed, he was an inhabitant of a town in that state ; was kindly disposed towards both the Yorkers and Yer- monters ; and had never been concerned in the disputes relative to the jurisdiction of the New Hampshire Grants. Such being the facts, the conclusions appended to a distorted account of the affair, written by a citizen of Yerraont, which appeared at the time in Thomas's Massachusetts Spy, cannot but be re- garded as ilHberal and unjust. " Unhappily for the unfortu- nate man," observed the newspaper chronicler, referring to Spicer, " he was a subject of the state of Massachusetts, but being out of the line of his duty, by interfering in a contention which this state pretends to hold only with that of New York, though we lament the death of a fellow-creature, yet we consi- der him as having received that reward which is justly due to every one who espouses a cause on the principles of prejudice and partiality."* Fearing that the people in the northern towns of Massachu- setts would be instigated both by the wishes of the Yorkers residing among them, and by a determination to. avenge the * MS. Affidavits, dated March 29tli, 1784. MS. Letter from Timothy Church, William White, xsathaniel Carpenter, Samuel Bixby, to Governor Clinton, dated Beriiardston, :\Iarch 10th, 1784. Thomas's Mass. Spy, No. 676, April 8, 1784. The statement of the transaction which appeared in the Spy, and which is referred to in the text, was false in every particular, that alone excepted which announced that Spicer was " mortally wounded" and that he expired. It was prepared at Windsor, Vermont, and was in these words : — " We hear a party of the Yorkers, consisting of about fifty, made a reconnoitering excursion a few weeks since in the night season ; but meeting with our people (who hailed them several times and received no answer), were fired upon, by which one man was mortally wounded, who expired soon aftenvards. By him, they learn that several had balls fired through their hats, but none received any flesh wound." Jabez Spicer of Leyden, Massachusetts, a brother of Daniel Spicer, served dur- ing a part of the years 1786 and 1787 in the well-known "Shay's Rebellion," and was killed on the 25th of January, in the latter year, while engaged with otliers in an attempt to take the arsenal at Springfield. It is said that he woi-e on this occasion the same coat in which his brother was clad when wounded by tlie Ver- monters, and that the fatal ball passed through the same hole which had been made by their bullet. Yt Gazetteer, p. 143. Holland's Hist. West. Mass., i. 265. ITS-i.] ACTION OF THE VERMONT LEGISLATURE. 531 death of Spicer, to attack the state troops, Lieutenant Knight increased his force by levies from Dummerston and the neigh- boring towns. At the same time, he strengthened his outposts, that he might have timely warning of any hostile incursion. From the statement of charges, presented to the treasurer of the state of Vermont, on account of services performed in this emergency, which statement is still preserved, it appears that a certain '' Dan Bill," and other friendly Guilfordites, rendered valuable aid as scouts and expresses ; that John Noyce was several times employed " in watching y^ motions of y® in- surgents ;" and that pilots were engaged, both by day and by night, in guiding the troops along the drifted roads to those localities which seemed most to require protection. Having rendered his position as secure as circumstances would permit, Knight, on the Tth of Mai'ch, despatched a messenger to the Legislature, who were still in session at Ben- nington, with information of the events which had occurred. Immediate action was taken upon the subject, as presented by the messenger and by the letter which he bore, and a seiies of resolutions were passed, appropriate to the exigencies, of the occasion. On the 9th, Governor Chittenden was desired to write to the Governor of the commonwealth of Massachusetts, " on the subject of the tumults in Windham county, requesting him to grant warrants for apprehending such inimical persons " as had fled or might flee from justice into that state from Yer- mont. General Fletcher was requested '' to repair to the county of "Windham, and on examining into the circumstances of the disorders there, was empowered to call into service the militia of his own brigade, and of the other brigades in the state, should he deem such measures necessary, and to dismiss them when he should judge best. The commissary general was authorized to collect and receive the provisions due on a pro- vision tax which had been levied during the years 1780 and 1781, in "Windham county. Tlie wages of the troops, who might be called into service, were fixed at the same rates at which the troops had been paid who had served at Guilford during the preceding winter.* Before the return of the messenger from Bennington, a report had been industriously circulated that an army was coming from Massachusetts to avenge the death of Spicer, and reinstate the Yorkers in their possessions. Terrified at this announce- * Journals Gen. Ass. Vt., Feb. and March, 1*7 84. 532 HISTORY OF EASTEKN VERMONT. [1784. ment, and aware of his inability to cope with any considerable force, Knight retreated in great haste to Brattleborough, and summoned the militia to his aid. Here he subsequently met Fletcher, who assured him that no danger was to be appre- hended from the quarter whence danger had been expected, and that the Yorkers were not only unprepared, but unable to make any hostile demonstration. At the same time, Fletcher dismissed the militia whom Knight had called out, and thus succeeded in quieting the apprehensions of the people. Before the end of the month of March, the company of state troops, which had been located in the southern part of the county, was dismissed from ser- vice, and society was relieved from the terrors of law almost martial. At a town meeting, held in Guilford, a short time after these events, the Yorkers assembled in full numbers and chose Hugh Stowell, one of their own party, moderator. Though in the majority, they were constrained, through fear, to adjourn until the 8th of June following, without transacting any business. Of the meeting held on this occasion, no account remains, nor are any records to be found of the proceedings of the town for the next seven years. It is traditional that both parties held public and private meetings during that period, producing thus a state of anarchy by no means advantageous to the advance- ment of the town, or the welfare of its citizens. " Tlie Yorkers, although they had the town books, dared not enter their pro- ceedings in them, and both sides kept secret their own records. During this confusion and jealousy, one party stole the records of the other and buried them, together with their own, many deeds, and a number of proprietors' papers, in the earth within the town pound." Tliere they remained until the exact locality of their concealment was well-nigh forgotten. When, after the lapse of several years, they were discovered and brought to light, they were so much mutilated, as to be entirely illegible,* Soon after the death of Spicer, Governor Chittenden com- municated the intelligence of the circumstance to Governor John Hancock of Massachusetts. The relatives of the deceased memorialized the General Court of that commonwealth on the same subject. In consequence of these and other represen- tations, and in order to prevent the recurrence of a similar event in connection with any other citizen of Massachusetts, * Vt. Gazetteer, pp. 143, 144. 178-i.] PROCLAMATION OF THE GOVERNOR OF MASSACHUSETTS. 533 Governor Hancock published the following proclamation on the 26th of March : " Whereas an unhappy dispute has subsisted between some of the citizens of the state of New York and the people inhabit- ing the territory called the New Hampshire Grants, or state of Vermont ; and it being probable, from the present disposition of the parties, that the same controversy may be recommenced, to the great distress and calamity of all concerned therein ; and there being great reason to fear that some of the citizens of this commonwealth, who live on the borders of the said state of Vermont, may, by incautiously intermeddling with the conten- tion, involve themselves and families in that distress which is at all times the consequence of civil dissensions, unless care is taken to prevent it : '' " I have, therefore, at the request of the General Court, thought fit to issue this proclamation, commanding and enjoin- ing it "upon all the citizens of this commonwealth, that in all and every controversy now existing, or that may hereafter exist between the citizens of New York and the people inhabit- ing the said state, or between any of them, in whatever form or manner the same may exist, they, the citizens of this common- wealth, conduct themselves according to the strictest rules of neutrality ; and that they give no aid or assistance to either party ; but that those who live on the borders of the said state, and within this commonwealth, sell to each party indifierently, such things as they have to sell, without giving preference to either; that they send no provisions, arms, ammunition, or necessaries to a fortress or garrison, besieged by either party. And all the citizens and inhabitants of this commonwealth are absolutely and most solemnly forbidden to take arms in support of, or engaging in the service, or contributing to the conquest, success, or defence of either of the said parties, as they will answer it at their peril." This timely warning tended to allay the malevolent feelings M^hich had already arisen in the breasts of the inhabitants of northern Massachusetts against the people of Vermont, and placed in its proper light the conduct of those, who, situated in other respects similarly to Spicer, had escaped his unhappy fate.* Among the acts passed by the Legislature of Vermont dur- * Thomas's Massachusetts Spy, April 8th, 1784, No. 676. 53i HISTORY OF EASTERN VEKiIO^T. [17S4. ing the February and March session, was one giving, as had been given on former occasions, power to the Governor and Council, during the recess, to pardon those persons, residing in Windham county, who had " traitorously taken up arms against, and otherwise opposed " the authority of the state. Numerous appHcations for pardon were presented, in consequence of this provision, and many who had been noted as " violent Yorkers," seeing that all attempts to oppose the established government would be in vain, quietly submitted to the jurisdiction which they had opposed with so much determination, and became citizens of Yermont. Although the settlement of the river towns had not been perceptibly retarded by the civil dissensions which had dis- turbed the peace of a portion of the community, yet the prospect of a settlement of ditficulties seemed to give new life to society, by infusing into its composition the element of a healthful competition. In AYindsor county, the want of an- appropriate building for holding the courts had for some time been acknowledged, but the rivalry existing between the inland and the river towns had prevented the selection of a location. A meeting was finally called by the authority of the county, at the town house in AVindsor, for the purpose of deciding in what town a court house and jail should be erected. In answer to the call a few were present at the meeting on the ITth of March, but nothing was accomplished, from the want of a quorum. Aware of the difficulties which would arise from a discussion of the eligibility of different localities, and convinced that Windsor, already a county town, afforded the greatest advantages for the erection of a county building, a number of the citizens of that place assembled, and subscribed upward of £100 towards defraying the expenses of erecting an edifice fifty feet in length and thirty-four in width, to be finished in a man- ner appropriate to the uses for which it was designed. A com- petent builder was immediately engaged, and the structure was commenced within three days after its erection had been resolved on.* For the purpose of inciting the Legislature of New York to action. Governor Clinton laid before the Senate, on the 27th of March, a number of letters containing accounts of the disorders prevaiHng " in Cumberland county," and of the " disagreeable * Acts Gen. Ass. Vt., Marcli, 1784. Thomas's Massachusetts Spy, April l4th, llSi, No. 677. 1Y84.] ABILITY OF CHITTENDEN AND ALLEN. 535 situation " to which many of the citizens of New York had been thereby reduced. This information was soon after transmitted to Philadelphia, and Charles De Witt and Ephraim Paine, two of the delegates in Congress trom New York, represented to that body, on the 2-ith of April, and in the plainest terras, their views and those of their constituents respecting the course which had been adopted to drive the Yorkers either into submission or from their homes. But Governor Chittenden and Ethan Allen, though not the most polished rhetoricians, possessed by nature a forcible style of expression, and proved themselves on paper, as well as in the field, a match for their antagonists. While the New York delegates, on the floor of Congress, were depre- cating the condition to which many of the inhabitants in Windham county had been reduced, and were calling on the ''' impartial world " to bear witness to the " rectitude, modera- tion, and liberality " of the measures they had adopted to effect a settlement of the question of jurisdiction, Chittenden declared that Yermont would act on the defensive, and invoked the twelve states to " observe a strict neutrality, and let the two contending states settle their own controversy." Allen, too, urged his fellow-citizens to combine to support the " liberty and independency " of the state, and in the columns of the Yermont Gazette laid before the public his own views as to the policy which should obtain in the formation and establishment of a nation. During the summer, the congressional committee to whom the representation of Paine and De Witt had been re- ferred, reported favorably to the admission of Yermont into the Union, An effort ^vas made, on the 3d of June, to take into consideration the views embodied in the rejjort, but Congress refused to devote their time to the subject, and the question of the controversy, so far as the representatives of the United States were concerned, without any agreement as to the time wdien it should be fairly met and definitely settled, was left un- decided, to the great detriment of all parties concerned in its final disposition.* At the session of the Superior court, held in February last, official notice had been taken of the injury done to Sergt. Sil- vanus Fisk, and a presentment had been made of those who it was supposed had been concerned in the attack in which he suffered. Some of the delinquents had been punished at the * Vermont Gnzette, November 18th, 1784. Journals Am. Cong. June 3d, 1784. Journal Senate, N. Y., 7th session, p. 71. 536 HI8T0KT OF EASTERN VERMONT, [1784:. time, while others had been allowed to remain unapprehended. On the 28th of June, warrants founded on the indictments of the grand jury w^ere issued, and Henry Evans, Samuel Bixby, William "White, Joseph Eliot, Samuel Melendy, and Giles Roberts were brought before a court of inquiry, held at West- minster on the 9th of July, at which John Sessions, chief judge of the county court, presided. As the result of this examina- tion, the delinquents were bound over to take their trial on the charges alleged against them, at the next session of the Supe- rior court. Worn out by the indignities to which for a long time they had been subjected, and aware that a continuance in their present course would only sink them deeper in trouble, they presented their grievances to the General Assembly of Vermont on the 25th of October. In the form of a petition, they stated that they had for several years owed and paid allegiance to the United States and the state of New York, and in conse- quence of their loyalty had suffered by imprisonment, confisca- tion of estates, etc. Eeferring to the apatliy of Congress, they acknowledged that they had lost all confidence in "public faith." Though expressing their willingness to stand the trial at w^hich they had bound themselves to appear, they asked for pardon, and to be received as citizens of the state. Another petition of a similar import, signed by twenty of the "late disafi:ected inhabitants," was presented to the General Assembly on the same day. Both papers were referred to a committee, who, on the 27th, reported favorably to the prayer of the petitioners. A bill was accordingly prepared and passed, granting a free pardon to twenty-six persons, who had previously been open and avowed opj)onents of the government of Ver- mont. Of these, seven were citizens of Brattleborough, eight- een of Guilford, and one of Marlborough. By the terms of the act, forgiveness was extended to them for all the crimes they had committed, and all their property, real and personal, which had been taken from them, as forfeited to the state, and which had not been disposed of, was to be returned, provided they should appear before some justice of the peace in the county of Windham, within two months from the time of the publication of the act, and take the oath of allegiance to the state. In answer to a petition from Charles Phelps for " a full par- don," and a reversion of the sentence of the Supreme court, re- specting the confiscation of his property, a joint committee of the Council and Assembly stated in their report, that he had 1784.] FULL PAliDON OF CHAKLES PHELPS. 537 acted meritoriously in former times, in endeavoring to prevent the state of JSTew York from re-granting the lands on the New Hampshire Grants, and in opposing a union and association of the people of Cumberland county with New York ; that he had been " very serviceable to his country, by procuring and sell- ing, without profit to himself, a quantity of arms, ammunition, and salt ;" that, on the other hand, he had for a number of years past, been "exceedingly obstinate against and troublesome to" the government ; and had had the sentence of imprison- ment and confiscation passed upon him as the punishment of the crime of treason. On account of "his former merit, his advanced age, and the bad circumstances of his family," they recom- mended that his request should be granted. By the act which passed the Assembly on the strength of this advice, the attain- der of treason with which he had been disgraced at the last session of the court was removed, and directions were given that all his estate, both real and personal, with the exception of such as had been already disposed of, should be restored to him on the payment of £35 lawful money, as an indemnification to the state for the costs of prosecuting the various actions Mdiich had been brought against him. Satisfied with the terms of this act, Phelps accepted the pardon for which he had asked, and became, nominally, a citizen of Vermont. In feeling and prin- ciple he remained devoted to the cause of New York until the day of his death. His last will was dated at " New Marl- borough, in the county of Cumberland and state of New York." In this instrument, referring to the people of Yermont, he stated that they had deprived him of his possessions, and thereby re- duced him to poverty, but expressed a faint hope that relief would be found for his descendants in the legislation of coming years. However mistaken he may have been in the means by which he sought to manifest his loyalty towards New York, yet the sincerity of his professions in behalf of that state, during the time in which he avowed them, cannot be doubted, and in the report of the committee of the Legislature of Yermont, on which was based the act of pardon which was passed in his favor, even his enemies acknowledged the good services he had done in behalf of American freedom, and bore witness to his strenuous endeavors in past periods, to advance the interests and increase the comforts of the early settlers on the New Hampshire Grants.* * Journals Gen. Ass. Vt., Oct. 26th, 1784. Slade's.Vt. State Papers, pp. 494, 495. 538 HISTORY OF EASTERN VERMONT. [1785. The strenuous measures of the government of Yermont, exerted for several years with determination, had at length silenced effectually the open opposition of those who acknow- ledged the jurisdiction of New York. The inhabitants of the " separate and independent" state, who for eight years had maintained a civil and political existence, began now to look forward with assurance to the period when they should be recognized as an integral part of the confederated states, and permitted to enjoy the benefits arising from the Union which they, to a certain extent, had helped to create and maintain.* Though Congress refused to encourage them in the hope that Yermont would be admitted, as an equal, to a share in the fede- ral government, yet the report had gone abroad that no diffi- culty would be experienced in effecting the long-desired con- nection. Alarmed at this rumor, Jotham Biglow, Timothy Church, William White, and Samuel Bixby, in behalf of a number of the " loyal subjects" of New York, residing in Guil- ford and Brattleborough, wrote to Governor Clinton on the IStli of March, 1785. " We would inform you," said they in this communication, " that it is commonly reported that there are now twelve states convened at Congress in the city of New York, besides the agents from Yermont, who we do hear have reported that all those people that called themselves the sub- jects of New York, have yielded quiet submission unto Yer- mont, and that they have taken the oath of fidelity unto it ; and also, how that the Yermonters have obeyed Congress in restoring and in making good all our damages ; and also, how that thay have relinquished the large fines that they have laid on many of us for obeying Congress, or rather, for disobeying Yermont. Now, kind sir, we have great reason to bless the gi'eat God of truth, that we and many others, not only here on the Grants, but also our neighbors in the Bay state, can with truth say, and do dare to say, that there is no color of truth in such a report. We say that there is not one man of the York party who has taken the oath of allegiance unto Yermont, ex- cepting only such of them as have been taken and confined in * " The Vermonters seem much elated at the idea of their being admitted into the confederation of the Unites! States : and indeed they have reason for exulta- tion, since they •will participate in the advantages, and have borne but a small part of the expenses attending the late Revolution. Their delegates have arrived at Congress, and presented their credentials, but whether they have taken their seats, we are not informed. ' Salem (Mass.) Gazette, January 4th, 1785. 1TS5.] A DENUNCIATORY LETTER FROM THE YORKERS. 539 gaol, and fed with the bread and water of affliction, and made to siifier both with cold and hunger, being in iron chains and fetters." Continuing in this strain, they declared the statement that restitution had been made to them for damages, " a right-down falsehood ;" that, on the contrary, their opponents w^ere " lay- ing heavy fines and taxes" on them, " yea, very heavy indeed ;" that his " only cow" had been taken from many a poor man ; and that several citizens had been obliged " to quit their farms and flee into the Bay state for protection, with their families, there to get their bread as they can." They assured the Go- vernor that it was the fixed determination of some of their num- ber who were " somewhat low in the world," to " leave these regions of horror as soon as the spring doth open, and fly away, that they may be at rest from these Yermonters." Every day we are " in jeopardy of our lives and fortunes," said they. " "We are taken for every ofi'ence, let it be ever so small ; and as certainly as that we are taken and tried by the Vermont au- thority, we are obliged to pay all costs and damages — whether just or unjust, it makes no matter." Having made known their condition by the presentation of facts which no one pretended to deny, they concluded their memorial w^ith a petition, which Governor Clinton would have been rejoiced to grant, had he possessed the power. " It is the hearty prayer and wish of all your good subjects here, that his Excellency w^ould exert him- self unto the uttermost of his power to deliver this distressed people out of the hands of these wicked tyrants." * Though Congress studiously maintained silence on the ques- tion of the admission of a new state, the legislators of Yermont deemed it best to be prepared to meet any proposals to that efi'ect which might be offered. On the 18tli of October, the General Assembly, then in session at "Windsor, elected Moses Hobinson, Ira Allen, and Stephen R. Bradley, their agents to Congress. No opportunity was afforded these gentlemen of initiating negotiations for a friendly union between Yermont and the United States ; yet there were but few in the state who could have conducted a transaction of this nature with greater dignity and effect than they. Internal dissensions having been brought to an end, the dan- gers of invasion from a foreign foe having long since ceased to * George Clinton Papers, in office Sec. State N. T., toL xx. doc. 5563. 640 HISTOKY OF EASTERN VERMONT. [1Y85. be expected, the inhabitants of Vermont began to turn their attention with great assiduity to the improvement of the moral and civil condition of the state. Permission having been granted by the General Assembly, taxes were levied in various towns for the purpose of obtaining the means of building churches and grammar schools. Old county houses were re- paired, and new ones erected. Communication between the diiferent towns was rendered more easy by the construction of roads. Rivers were spanned by bridges built with the proceeds of lotteries authorized by law. Ferries were established at available points on the Connecticut. The farmer cultivated his land with greater care and more persevering labor. The arti- zan toiled at his occupation cheerfully, and with good hope of the future. One cause for disquiet alone remained. The incu- bus of debt brooded over many like a threatening cloud. Pay- ment, if enforced at this time, could not be made without pro- ducing the direst want. Wiien, at a later period, judicial authority was invoked to enforce the execution of the laws against debtors, results followed which showed but too plainly the remoter effects of the revolution, which for seven years had wasted the energy and expended the treasure of a nation. CHAPTEE XX. THE ADMISSION OF VERMONT INTO THE UNION. Petitions of citizens of New York who had suffered loss in Vermont— Statement of their losses — Report of committee of the New York Legislature on the petition — Commissioners of the Land Office appropriate lands for the sufferers, situ- ated in Clinton, now Bainbridge — Governor Chittenden's address to the people of Vermont — Insurrection at Windsor — Trial of insurgents — Another disturb- ance — Military called out — Obedience to law enforced — LaAvs relieving the distresses of the people — Disposition among prominent citizens of New York, favorable to the acknowledgment of Vermont as an independent state — Bill for this purpose introduced into the Legislature of New York — Hamilton's speech in its behalf — It fails — Bounds of Cumberland and Gloucester counties — ^Adop- tion of the constitution of the United States — Correspondence between Na- thaniel Chipman and Alexander Hamilton — Commissioners appointed by New York to declare Vermont a separate state — Commissioners appointed by Ver- mont to meet them — Other commissioners appointed by New York — Delibera- tions of the commissioners of the two states — Report of the New York com- missioner's — Is approved of by the Legislature of Vermont, who pass an act for paying $30,000 to New York, as an indemnity — Convention at Bennington for considering the expediency of asking for Vermont admission into the Union — Negotiations — Vermont becomes one of the United States — Division of the $30,000 among the New York claimants. By tlieir opposition to the government of Veraiont, the sup- porters of New York residing in the southern part of Windham county had lost many of their personal effects ; had been obliged to neglect, to a certain extent, the cultivation of their farms, and the care of their premises ; and had suffered incon- veniences, serious and without number. These causes, com- bined with the fines and imprisonment to which they had been subjected, had reduced them to a condition of poverty from which they could not well recover without assistance. On the 24tli of February, 1786, Timothy Church, William Shattuck, and Henry Evans addressed a petition to the Legisla- ture of New York on the subject of the losses which they and tlieir fellow-sufferers had sustained. In this paper they stated 542 HISTORY OF EASTERN VERMOXT. [IT86. that they and their friends, " by their attachment, zeal, and activity in endeavoring to support the just and lawful authority of New York," had incurred the displeasure of those " who styled themselves freemen of Vermont ;" that they had been led to believe by the resolutions of Congress — especially those of the 5th of December, 1782 — and by the laws and declarations of the Legislature of New York, that " the lawless and ungrate- ful usurpers" of the jurisdiction of that state " would be brought to submit to its lawful authority ;" that they had been deceived in these reasonable expectations ; and that their oppo- nents had " risen in arms to the number of four or five hun- dred" against them, had killed one and wounded others of their number, had driven some from their habitations or imprisoned them, and had confiscated the estates and sold the effects of many. " Your petitioners cannot but hope," they observed in conclusion, " that having thus sacrificed their all ; suffered such exquisite tortures, banishments, imprisonments in loath- some gaols, half-starved and threatened with being put to ignominious deaths, but that your honors will take their case into your most serious consideration, and grant them some relief in their deplorable situation. And your petitioners, as in duty bound, will ever be good citizens of the state of New York."* This petition was read in the Senate on the 27th, and was committed to Messrs. Williams, L'Hommedieu, and Douw. On the 28th, Church, Shattuck, and Evans prepared a verified list, containing not only the names of those who had suffered on account of their attachment to New York, but also a statement of the amount of damages they had sustained. By this it appeared that of those who had been either imprisoned, banished, or deprived of their effects, four were civil oflicers, twenty-one military oflicers, and nearly a hundred private soldiers. It was also shown that their losses amounted to £16,663 13s. 8d. On the 1st of March, Mr. L'Hommedieu, from the committee to whom was referred the petition, pre- sented the following report : — " It appears to the committee, that the petitioners, with many others holding oflices, both civil and mihtary, under the authority of this state, with other inhabitants of the county of Cumberland, have greatly suffered in their persons and estates, * Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 61. Doc. Hist. N. y., iv. 101-i, 1015. 1786.] GRANTS TO CHUKCH, SHATTUCK, AND OTHERS. 543 and are still subject to heavy fines imposed by the authority of the assumed state of Vermont, for no other crime than support- ing the lawful authority of this state in the said county, which they from time to time have done, in pursuance of smidry reso- lutions of Congress, the several laws of this state, and the directions of their superiors in office. That the petitioners, with others whom they represent, being deprived in a great measure of the means of subsistence, and having become odious to the present government of the said assumed state, by reason of their supporting the laws of this state in the said county, are unable to continue longer in tlie said county without the great- est inconvenience to themselves and families, and are desirous of removing immediately into the western parts of this state, 2)rovided they could procure vacant lands fit for cultivation. That in the opinion of 3'our committee, the said petitioners and others wdiom they represent, have a claim on the state for some compensation for their sufferings and losses, and that it Mall be proper for the state to grant to the petitioners and the persons they rej^resent, a quantity of vacant land equivalent to a' town- ship of eight miles square." After reading the report, Mr. L'Hommedieu delivered it in " at the table," where it was again read, and agreed to. There- npon, the Senate resolved " that the Legislature, during their present meeting, will make provision for granting to Col° Ti- mothy Church, Major Wilham Shattuck, Major Henry Evans, and about one hundred other persons whom they represent, a quantity of vacant lands equal to a township of eight miles square." A copy of this resolution was immediately sent to the Assembly, and on the same day a resolution of concurrence was returned to the Senate.* Soon after these proceedings, measures were taken to com- ply with the determination expressed in this concurrent resolu- tion. The result of these efforts was seen in the twentieth clause of "An act for the speedy sale of the unappropriated lands within the state, and for other purposes therein men- tioned," passed on the 5th of May. By this clause, it was enacted that " it shall, and may be lawful to, and for the said commissioners [of the land oflice], to appropriate a tract of land equal to eight miles square, in any of the townships to be laid * Journal Senate N. Y., 0th session, pp. 32, 35, 36. Journal Assembly N. Y., 9th session, p. 64. Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 53. Doc. Hist. X. Y., iv. 1015-1017. 5M HISTOKT OF EASTERN VEKMONT. [1786. out in pursuance of this act, for the use of Colonel Timothy Church, Major William Shattuck, and Major Henry Evans, and such other persons of the counties of Cumberland and Glouces- ter, as shall be deemed by the said commissioners to be suffer- ers in opposing the government of the pretended state of Ver- mont, and to grant the land in such township, in such propor- tion to each of such suflferers, as to the said commissioners shall seem meet and proper, and to direct lettei-s patent to be pre- pared accordingly, and, having approved of the same, the Governor, or person administering the government of this state for the time being, shall cause the great seal of this state to be affixed thereto."* On the 6th of May, the day following the adoption of this act, a meeting of the commissioners of the land office w^as held in the city of New York, at the office of the secretary of state. Kecognizing the full force of the act, the title of which has been already cited, and of a resolution they had previously passed, in which they described generally the land which they intended to bestow upon those who had suffered in the service of the state — the commissioners resolved " that the following tract of land equal to eight miles square, in a township to be laid out agreeable to the said act and the preceding resolution, be and is hereby appropriated for the use of Colonel Timothy Church, Major William Shattuck, and Major Henry Evans, and such other persons of the counties of Cumberland and Gloucester as shall be deemed by this board to be sufferers in opposing the government of the pretended state of Vermont, to wit : — Beginning at a point on the west bank of the Unadilla or Tianaderha river, one mile northerly from where the same empties itself into the Susquehanna, and thence running down the said river to the mouth thereof, thence southerly along the line run by Simon Metcalfe for the line of cession, commonly called the line of property, established at the treaty with the Indians at Fort Stanwix in the year 1768, eight miles, and extending from thence and from the place of beginning west so far as to include 40,960 acres, the north and south bounds to be east and west lines, and the west bounds to be a north and south line, and that a certified copy of this resolution be a suf- ficient warrant to the surveyor general to survey the same." The prosecution of the claims of the New York adherents * Laws of New York, 9th session, p. 133, 1786.] DISTEIBUTION OF LAi^'D. 545 was entrusted to the care of Timothy Church and William Shattuck. On the 11th of July, at a meeting of the commis- sioners of the land office, held in the city of New York, they produced to the board " a list of the names of one hundred and seven persons, inhabitants of Cumberland county, with their affidavit, proving that the said persons were sufterers in oppos- ing the government of the pretended state of Yermont, and that the quantity set down on the said list opposite to the names of the respective persons, are the proportions which they would, on an estimate of their respective losses of property and time, and suiferings by imprisonment, respectively be enti- tled to, of the tract of eight miles square, appropriated, agree- able to law, by this board for their use, on a presumption that there were no other sufferers." On a closer investigation, the board concluded that there might be other persons equally en- titled to " the bounty of the state," whose names were not inserted in the list presented by Church and Shattuck. Tliis opinion was sustained by the fact that the list did not " in any instance lextend to the inhabitants of Gloucester county." A resolution was therefore passed, " that there be reserved of the tract appropriated as aforesaid, the quantity of 6,400 acres, equal to ten lots, to satisfy the claims of such of the said suffer- ers as may not be included in the list now produced." The board then proceeded to the consideration of the claims of the several persons named in the list, and having acknow- ledged them " to be sufferers in opposing the government of tlie pretended state of Yermont," distributed among them, in a ratio proportionate to their losses, fifty-four lots of 640 acres each, reserving ten lots of 640 acres each to meet any just demands for compensation that might be made in the future. Of the land thus granted, Timothy Church received 3,840 acres ; William Shattuck, 3,200 acres ; Henry Evans, 1,920 acres ; Francis Prouty, 1,180 acres ; Hezekiah Stowell, 840 acres ; William White, Joseph Peck, Daniel Ashcraft, and David Thurber, each 640 acres ; Charles Phelps, 508 acres ; James Davidson, 500 acres ; and the rest smaller quantities.* * Daniel Shepardson received 280 acres. On the 4th of July, 1786, a few days before the allotment was made, he wrote to Governor Clinton from Guilford, in- forming his Excellency that he was dissatisfied with the statements that Mr. Shat- tuck had presented concerning liis (Shepardson's) losses by the Vermonters. At the same time, he communicated an epitome of his losses in these words : — " By the Best Istemate that I Can make on the Whole for Time and Money Spent and for My Catel that have Bin taken from me By the Varmontears and for Being 35 546 HISTORY OF EASTERN VERMONT. [17SG. But in no case did any one person receive less than 90 acres. Of the reserved lands, lots of 640 acres each were, on the 12th and 14th of September, divided among certain of the sufferers who had neglected to apply for compensation at the appointed time.* Tlie land granted to " the suiferers in opposing " the go- vernment of Yermont was, at the time of the grant, located in Montgomery connty. It formed " a part of a larger tract " which the province of New York had purchased of the Oneida and Tuscarora Indians, in the year 1768, and was known in the records of the land office and on the pages of the field books as a part of N"o. 2, or Clinton township. In the year 1Y91, the land which had been appropriated to the " suiferers," and a sufficient quantity additional to make an area of 48,000 acres, was erected into a township by the name of Jericho. On the 1st of June, 1814, the name of the township was changed to Bainbridge, in honor of Commodore William Bainbridge, whose victory, as commander of the Constitution, over the British frigate Java, was at that time the theme of remark and admiration throughout the United States. Bainbridge is situ- ated in the south-eastern corner of the county of Chenango. The Susquehanna river runs through the township from the north-east to the south-west, and divides it diagonall3^ " The inhabitants came principally from the Eastern States," observes Mr. Spaf- ford in his Gazetteer of the State of New York, " and it is almost superfluous to add that common schools for the educa- tion of youth are weU 9uj)ported."t maid prisoner allso for my Seeing Drove from my Famaly and farm a Bout five Months, their Distressing my famaly and taking provishon from my house when I was in Exile allso their taking my Son prisonr who was a Solger under C 'p Peck and for two fire arms and for Many more Damages too Neumorous to Menshun the which I Sustaned By Vermont [my losses are equal] To the Amount of Four Himdred Dolars And for the Better understanding I wood Refer His Exeelency Unto M" Evens Who is Best aquanted with my Affairs." It is probable that this information arrived too late to affect the decision of the commissioners. Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 55. * Land Office Minutes, in office Sec. State N. T., 1784-1788, i. 169, 170, 194- 198, 220, 221, 224, 225. Doct. Hist. N. Y., iv. 1017-1020. The names of the " sufferers" who were recompensed in lands, the quantity they received, the time when the grants were made, and other particulars relat- ing to this subject, will be found in Appendix K. f The town of Bainbridge, by the name of Clinton, was situated in the county of Montgomery until February 16th, 1791, when Tioga county was taken from Montgomery. At that time Bainbridge, by the name of Jericho, was organized as a part of Tioga. On the 15th of March, 1798, portions of Herkimer and Tioga 1786.] WISE ADDRESS OF GOVEKNOK CHITTENDEN. 5i7 "While the Legislature of New York were endeavoring to compensate those of their citizens, who in maintaining the jurisdiction of that state on the " Grants," had lost much of their real and personal estate, the government of Vermont was engaged in devising measures to satisfy the wants of its own citizens. During the summer, " the sufferings of the people becoming severe, and their complaints loud, on account of the extreme scarcity of money. Governor Chittenden, in the month of August, published an address to the inhabitants of the state, which was evidently dictated by a paternal regard for their welfare and happiness." In this carefully considered paper, he earnestly exhorted his fellow-citizens to be industrious and economical ; to avoid, as much as possible, the purchase of foreign productions ; and to devote their attention to the raising of flax and wool, and the various articles necessary for food and clothing. He counselled them to exercise prudence and diligence in business ; mutual forbearance and kindness in their relations with one another ; and a true regard for the safety of the state. By this course of conduct, and by the assistance which the Legislature would afford at their next session, he expressed a hope that their sufferings would be brought to a speedy termination, and they become " a prosperous and happy people."* In accordance with the promise of Governor Chittenden, counties were formed into a county by the name of Chenango. Since that time, Bainbridge — by the name of Jericho until 1814, and subsequently by the name of Bainbridge — has formed a part of Chenango county. The village of Bainbridge, now a "large and thriving" place, was incorporated by an act of the Legislature of New York, passed April 21st, 1829. The other settlements in the town are known as East Bainbridge, North Bainbridge, South Bainbridge, and Bettsburgh. In the laws of New York, appended to the act for " altering the name of the town of Jericho in the county of Chenango " to Bainbridge, which was passed on the 15th of April, 1814, appears the following note, by the patriotic editor of the volume, inserted in brackets: — "The name of Bainbridge will be held dear by every American who loves his country and admires the heroes who defend it. The inhabitants of Jericho have evinced much patriotism in the alteration of the name of this town. We have now counties and towns bearing the names of Wasliington, Clinton, Gates, Jay, Preble, Decatur, Perry, and Bainbridge, besides others in honor of our revolutionary and naval heroes." — Maps in Book of "Deeds," in office Sec. State N. Y., xx. 568 — 570. Map No. 57, in office Sec. State N. Y. Laws of New York, 1791, 14th session, chap. x. Greenleafs ed., ii. 341 ; 1798, 21st session, chap. xxxi. ; 1799, 22d session, 2d meeting, chap, xxxiii. ; 1814, 37th session, chap, clxxx. p. 213; 1829, 52d session, chap, cxcviii. pp. 802 — 308. Spafford's N. Y. Gazetteer, Art. Jericho. Biog. Am. Military and Naval Heroes, ii. 143 — 176. Barber's N. Y. Hist. Coll., ed. 1841, pp. 99, 100. * Thompson's Vt., Part II. p. 79. 548 HISTORY OF EASTERN VERMONT, [1786. measures were taken bj the Legislature during their session in October, to relieve the embarrassments of the people. Those who were inclined to suffer inconvenience rather than disturb the peace of the state, ceased to complain, and endeavored to quiet the murmurings of their neighbors. Others who owed money and who did not intend to pay their debts, determined " to prevent the sitting of the courts in which judgments and executions might be obtained against them." By the terms of the statute, a session of the court of common pleas for the county of Windsor was appointed to be held at "Windsor on Tuesday the 31st of October. On the morning of that day, a mob of about thirty armed men,* from the towns of Barnard and Hartland, under the command of Robert Morrison, a Hart- land blacksmith, and Benjamin Stebbins, a Barnard farmer, assembled near the court house at Windsor, a little after sun- rise. Though no movements to that effect were made, yet their obvious design was to hinder the sitting of the court. Prompt in the discharge of duty, Stephen Jacob the state's attorney, and Benjamin Wait the high sheriff, waited on the malcontents ; read to them the riot act and several other acts relative to un- lawful assemblages ; made proclamation to them to disperse ; addressed them on the " impropriety of their proceedings ;" and kindly advised them to return peaceably to their homes. After a little hesitation, they concluded to obey the laws, and dispersed.f The court convened in the afternoon, adjourned to the next morning, and then proceeded to business without any further molestation. On Tuesday, the 14th of November, a term of the Supreme court was held at Windsor, Paul Spooner, chief judge, presiding, assisted by Nathaniel Niles, Nathaniel Chipman, and Luke Knowlton, side judges. Warrants were immediately issued for the arrest of the rioters, and Morrison and several of his men were taken and placed in confinement. Complaints were then exhibited against them by Stephen Jacob. In these it was charged that they, on the 31st of October, " with guns, bayonets, swords, * In the complaint exhibited by the state's attorney, in the action of the free- men against the rioters, the persons charged with being engaged in this disturb- ance, were Amos Bicknal, John Whitcomb, and Solomon Aikin of Barnard; Moses Lull, Daniel Munsell, Daniel Munsell, Jr., Thomas Lazel Munsell, and Hira Flowers of Hartland; and " divers others to the said attorney unknown." MS. Court Papers. ■j- In one account the following statement appears : — " The insurgents being disappointed in their views, dispersed." 17S6.] WINDSOR RIOTS. 549 clubs, drums, fifes, and other warlike instruments, unlawfully, routously, and tumiiltuously did assemble and gather themselves together, to disturb and break the peace of the state ;" and that being thus assembled, they did "parade themselves in the front of the court-house in said Windsor in martial array, and with fixed bayonets did resist, obstruct, and hinder " the sherifi:" of the county, and the county court "from entering the said court house, and them did impede from opening and holding the said court, then and there by law to be opened and holden." To these charges Morrison pleaded guilty and threw himself upon the mercy of the court. The court sentenced him to suffer one month's imprisonment ; to procure bonds of £100 for his good behavior for two years ; to pay a fine of £10, and to bear the costs of the suit. Tlie punishment of the other offenders, who either pleaded or were found guilty, was proportioned to the offences they had committed. Soon after the result of the trial had been announced, about fifty of the insurgents, most of whom resided in Hartland, assembled under arms at the house of Captain Lull, in that town, five miles north of the Windsor court house, with a fixed determination to rescue Morrison from imprisonment. Tlie court having been informed of these proceedings on the 16th of November, directed the sheriff to procure assistance, proceed to the place where the insurgents were collected, arrest them, and commit them to prison. In obedience to these commands sheriff Wait, who was also Colonel of the third regiment of the Vermont militia, ordered Captain Dart of Weathersfield to march his company to Windsor. On the evening of the same day, the soldiery of the latter place assembled to aid the civil authority. The court and some of the higher military officers then called a council, and having taken into consideration the situation and character of the mob, determined that it would be true policy to take them by surprise. In conformity with this conclusion. Colonel Wait, with a force of forty men well armed, set out for the encampment of the insurgents very early on the morning of the ITth, and after a march of more than five miles, reached it between the hours of three and four. Having escaped the notice of the guards by taking a circui- tous route, Wait and his men entered Captain Lull's house in two divisions, and after a short, but " very resolute " attack, captured tM-enty-seven of the insurgents. During the conflict the leaders of the revolt escaped. So expeditiously was this 550 HISTORY OF EASTERN VERMONT. [1786. service performed, that Wait's party returned to AYiiidsor and lodged the culprits safely in the jail at that place, before sun- rise. Though the victory over the insurgents was gained with comparative ease, yet several wounds were received by the sheriff's party. Stephen Jacob, the state's attorney, did not escape without injury, and Wait himself was "badly wounded in the head."* Still he was able to attend court, and, observed a chronicler of that time, would " have headed his regiment if necessity had required' it." The results of this attack would have been far more disastrous, but for the humanity and firm- ness evinced by the military. The conduct of Captain Dart was highly applauded, and it was publicly announced at the time that he and his company were entitled to " the particular thanks of the freemen " of the state. On the 18th the state's attorney exhibited a complaint against the insurgents,t in which they were charged with having assembled for the purpose of hindering the Supreme court from proceeding with the trial of certain persons who had been " informed against for a high misdemeanor," and for the purpose of rescuing Robert Morrison, " then a prisoner in the gaol at said Windsor pursuant to a legal order from said court." In answer to these accusations the prisoners pleaded guilty, and appeared " very humble and penitent." In consequence of these manifestations, they were "treated with great tenderness by the court." Fines were imposed upon them, and they were also required to discharge the cost of the suits, and to procure bonds for their good behavior for one year. Fears had been enter- tained that an insurrection of the people was about to haj^pen, which would endanger the government of the state, and jeopar- dize the lives and liberty of those who refused to join it. Pre- parations for such an event were accordingly made, and on Saturday, while the trial of the insurgents was in progress, six hundred soldiers;}: under the command of Brig.-Gen. Peter * In the pay roll of the field and staflF oiEcers, Colonel Wait claimed remunera- tion for loss, occasioned by "twenty-six days' sickness of wound." \ In one of these complaints, the persons informed against, were Amos Kendall, Benjamin Hale, Silas Hale, David Hale, and Abijah Capen of Windsor ; Benjamin Munsell, Timothy Wooster, Eleazer Bishop Jr., Paul Rogers, Oliver Rogers, Samuel Danforth, Silvanus Wood, John Jenne, Elzi Evans, Asa Evans, Zera Evans, Elisha Gallup Jr., James Kelsey, and William Hopkins of Hartland ; and Josiah Clark, and Josiah Hurlburt of Woodstock. MS. Court Papers. X Among the militia present on this occasion, were Capt. Matthew Patrick's company of forty-three men ; Capt. Andrew Tracy's of twenty -one men ; Capt. 1786.] OUTBREAK IN RUTLAND. 551 Olcott assembled under arms at "Windsor. Meantime the insur- gents, having received reinforcements, had collected at Lull's house to the number of a hundred. "Wliile in doubt as to the course they should pursue, information was brought to them of the preparations for defence or attack which were in progress at Windsor. Satisfied that government was too strong to be overcome by their puny efforts, the malcontents dispersed, stu- dious only to avoid detection and disgrace. Early in the following week the soldiers returned to their homes, and peace was again restored to the distracted county. On the 21st of November, a similar outbreak occurred in Rutland, at the commencement of the session of the court. For a time, it seemed as though the efforts of the " Regulators," as the rioters styled themselves, would be successful. But the firmness and dignity of the court ; the readiness of the militia to act in defence of govern- ment ; and the speedy measures which were taken to quell the insurrection, all united to avert a result so fearful. The insur- gents were in the end defeated, and the course of justice was not again impeded by the reckless conduct of those whom misfor- tune had reduced to misery and want. Tlie passage of laws to relieve the people from vexatious litigation, and more especially of an act " making neat cattle, beef, pork, sheep, wheat, rye, and Indian corn a lawful tender, if turned out by the debtor on any execution, which must be received by the creditor at the value of their apprisal by men under oath,"* tended to make the burden of debt under which many were laboring more Henry Tolles's of sixteen men ; Capt. Asahel Smith's of thirteen men ; Capt. Nathaniel Weston's of ten men ; and the combined companies of Capts. John Hopson and Nathaniel Severs of twenty-two men. The field and staff officers of the third regiment who, as it was expressed in the pay roll, "turned out for the support of government," were Col. Benjamin Wait, Lieut.-Col. Elijah Robinson, Major Jesse Safford, Adjt. Briant Brown, and Qr.-Mr. Jesse Williams. During this disturbance, the troops were well fed, as appears by the bills subsequently presented to the state treasurer for payment. Col. Benjamin Wait's demand " for supplying the troops with rum and other necessary provisions" was allowed, as was that of Elijah West " for his victualling and liquors delivered to Capt. Dart's company," and as were also several other demands of a similar nature. * Tliis act was passed at the session of the Legislature of Vermont, held at Ben- nington during February and March, ITS'?. On the 2d of the latter month, the following resolution was passed by the General Assembly, and ordered to be pub- lished : — " Resolved, that this house entertain a high sense of the services done to this state by the officers and soldiers, whose spirited exertions crushed the late daring insurrection against government, in the counties of Rxitland and Windsor, and do hereby return the said officers and soldiers their hearty thanks." — Thomp- son's Vt., Part II. p. 81. 552 HISTORY OF EASTERN VERMONT. [1TS6. endurable, and served " to check the legal enforcement of col- lections." The people became satisfied of the protective cha- racter of government, and gave it a support, cordial, firm, manly, and patriotic. Attention to business was rewarded by mcreased profits. Competence crowned the labors of many. Contentment smiled in the humble cottage and pervaded the hos- pitable farm-house. Health glowed in the faces of the rosy girls and ruddy matrons of the Green Mountains, and happiness waved its wand of blessing over the valleys of the peaceful Connecticut.* The allotment of lands by the Legislature of New York to Timothy Church and his associates, led others who had been similarly situated, but who at a comparative early stage in the controversy had submitted to the government of Yermont, to apply for assistance. On the 1 2th of December, Eleazer Pat- terson, Samuel Knight, Benjamin Butterfield, John Sergeant, Josiah Arms, and twenty-two other persons addressed a petition to Governor Clinton and to the Senate and Assembly of New York, in which they declared that they had been " uniformly loyal to the state of New York ;" had supported the rights and interests thereof ; had " not only frequently risked their lives, but expended large sums of money and lost an abundance of time in defence of the said state ; had been often imprisoned ; and had suffered the loss of property to a considerable amount." They further stated that they had " continued to exert them- selves in support of the state of New York, until they were left totally abandoned to the fury of their enemies," and then had submitted " to the usurpation of the government of Yermont," only to avoid being " deprived of their whole property." For these services and sufferings they asked as a compensation, " a grant of vacant and unappropriated land." No evidence was adduced in support of these statements. In consequence of this omission, the committee of the Legislature to whom the subject was referred, reported adversely to the petition.f * Worcester Magazine, 1786, ii. 460, 465. MS. Complaints of the state's attor- ney. MS. Pay rolls. MSS. in office Sec. State Vt Thompson's Vt., Part II. pp. 79-81. •)• At a meeting of the commissioners of the land office, held on the 25th of May, 1787, " the petition of Eleazer Patterson of Hinsdale, suggesting himself to be a suflferer in opposing the government of the pretended state of Vermont, and praying for a grant of lands accordingly," was read. Similar petitions from John Kathan, Obadiah Wells, and the widow of Henry Sherburne were, at the same time, presented^ The consideration of all these applications was postponed. Land Office Minutes, in office Sec. State N. Y,, 1784-1788, i. 256. Doc. Hist. N. Y., iv. 1020-1022, 1787.] FAVORABLE FEELING EN NEW YOKK TOWARDS VERMONT. 553 At this period, a disposition favorable to the admission of the state of Vermont into the Union, began to be manifested by some of the most influential citizens of New York. Of this number were such men as Alexander Hamilton, Philip Schuyler, Kichard Harrison and Egbert Benson. The pretensions of Ver- mont to a separate jurisdiction, first announced soon after the commencement of the late revolution, had been maintained throughout the whole of that struggle, and had never been disavowed although conciliatory laws had been passed, over- tures made, and negotiations carried on in Congress to efiect this result. The peace of 1783 had found Vermont in a con- dition of actual independence, organized under a regular form of government, and with a population rated at one-half of that of New York. The latter state had formerly threatened to reduce the people of Vermont to its obedience. The idea of subjection had now become so involved in difficulty, that all except the most rash and thoughtless had abandoned it as fool- ish and chimerical. While aifairs were in this position, an attempt was made to fiirther the project of admitting Vermont to a share in the federal government. An act " to emj^ower and direct the delegates of this state in Congress, to accede to, ratify, and confirm the sovereignty and independence of the people of the territory commonly called and known by the name of the state of Vermont," was introduced into the Legis- lature of ISTew York, during the session of 1787. On the 24:th of March, a petition from John Foxcroft and " many other persons," proprietors of lands in Vermont, relative to this bill, was read in the Assembly. The petitioners asked to " be indulged with a copy of the said bill," and to " be heard by themselves or their counsel thereupon." These requests were granted. On the 28th, the counsel for the petitioners appeared before a committee of the Assembly, " entered into a large field of argument" against the bill, and endeavored to show that it was " contrary to the constitution, to the maxims of sound policy, and to the rights of property." His observa- tions were not destitute of w^eight, and to many of them addi- tional force was given by the fact that they were to a certain degree founded in truth. He was followed by Alexander Hamilton, who in an elaborate address strove to prove, not only that the constitution permitted this measure, but that policy demanded it and justice acquiesced in its adoption. At every point he met his opponent's objections with forcible rea- 554 msTORT OF eastern teemoxt. [1787, 1788. soning, and succeeded, in almost every instance, in overtnrning his positions. His opinion as to the policy of merging Vermont in New York, was expressed in these words : — " For mj part, I should regard the reunion of Vermont to this state, as one of the greatest evils that could befall it ; as a source of continual embarrassment and disquietude." The bill, after undergoing many alterations, passed the Assembly on the 12th of April, and was immediately sent to the Senate. Here it was read on the same day, and on its second reading on the 13th, was com- mitted to a committee of the whole. By them it was never returned to the Senate. The admission of Vermont as a four- teenth state was postponed to a later time.* Tliough the Legislatm-e of New York had ceased to exercise authority over Vermont, yet, by the constitution of New York, the counties of Charlotte, Cumberland, and Gloucester were still claimed as constituent parts of that state. By the same instrument, power was given to " the future Legislatures " of the state, " to divide the same into such fm*ther and other counties and districts," as should be deemed necessary. In conformity with this authority, a law was passed on the 7th of March, 1788, for dividing the state of New York into counties. By this it was enacted, that the county of Cumberland should con- tain " all that part of this state beginning on Connecticut river at the north bounds of the state of Massachusetts, and extend- ing westward along the same until such line shaU meet with, and be intersected by, a line proceeding on a course, south ten degrees west from the north-west corner of a tract of land granted under the Great Seal of the late colony of New York, on the 14th day of September, 1770, to James Abeel and nine other persons ; and extending from the said point of intersec- tion, north ten degrees east, until such line shall meet with, and be intersected by, another line, to be drawn on a course north, sixty degrees west from the south-west corner of a tract of land granted under the Great Seal of the late colony of New York, on the 13th day of November, in the year of our Lord 1769, and erected into a township by the name of Boyalton; and running from the last mentioned point of intersection, south sixty-six degrees, east to Connecticut river ; and so down along the same river to the place of beginning." * Hamilton's Works, ii. 374-390. Journal Ass. K Y., 10th session, pp. 116, 117, 123, 155. Journal Senate N. Y., 10th session, pp. 84, 85. 1Y88.] BOTINDAKIES OF GLOUCESTER COUNTY. 555 By the same enactment, Gloucester county was to contain "all that part of this state bounded southerly by the north bounds of the county of Cumberland ; easterly by the east bounds of this state; northerly by the north bounds of this state ; and westerly by a line to be drawn from the north-west corner of the said county of Cumberland, on a course north ten degrees east, until such line shall meet with, and be intersected by, another line proceeding on an east course from the south bank of the mouth of Otter creek ; and from the said last men- tioned point of intersection running north fifty degrees east to the north bounds of this state." On the west side of the Green Mountains the land which had formerly comprised the county of Charlotte, was, by this new division, included within the counties of Washington and Clinton.* By a resolution of Congress passed on the 28th of September, 1787, the plan of the present constitution of the United States was transmitted to the several state Legislatures, " in order to be submitted to a convention of delegates chosen in each state by the people thereof." During the summer of 1788, it became evident that the constitution would be adopted by eleven of the thirteen states, and the national government established. The attention of the most intelligent men in Vermont was now for- cibly directed to her peculiar situation. Prominent among these was Nathaniel Chipman. His opinion concerning the controversy in which Vermont had been so long engaged, was, that if the question should ever be brought before an impartial tribunal for decision, the New York title would be adjudged to be better than that of Vermont.f Holding this view of the case, he felt " extremely anxious" that the jurisdictional dispute should be speedily adjusted. For the purpose of consultation, a number of gentlemen, among whom were Lewis E.. Morris and Gideon Olin, met at his house in Tinmouth, in the early part of July. The result of this conference was an agreement that he should write to Hamilton on the subject of a settlement of the controversy. Agreeable to this determination, Chipman addressed a letter to Hamilton on the 15th of July, in which he briefly alluded to the situation of the larger portion of the landed property of Vermont ; * Laws of N. Y., 11th session, pp. 133-136. f " It is uow generally believed, that, should we be received into the Union, the New York grants would, by the federal courts, be preferred to those of Ver- mont." K. Chipman to A. Hamilton, in Life of Chipman, p. I-L, 556 HISTORY OF EASTERN VERMOMT. [17S8. suggested certain methods by which Vermont might be brought to accede to the " new federal plan " of government ; and desired to know whether, in case Yermont should be received into the Union, the "federal legislature, when formed," might not be induced, on some terms, " to make a compensation to the New York grantees out of their western lands, and whether those gran- tees might not be induced to accept such compensation." Daniel Chipman, the brother of Nathaniel, and the bearer of this com- munication, delivered it to Hamilton at Poughkeepsie, where that gentleman was then in attendance upon the New York convention for the adoption of the United States' constitution. On the 22d, Hamilton replied, acknowledging Chipman's letter " as the basis of a correspondence " that might be productive of public good. " The accession of Yermont to the confederacy,'' wrote he, "is doubtless an object of great importance to the whole, and it appears to me that this is the favorable moment for effecting it upon the best terms for all concerned. Besides more general reasons, there are circumstances of the moment which will forward a proper arrangement. One of the first subjects of dehberation with the new Congress will be the inde- pendence of Kentucky, for which the southern states will be anxious. The northern wiU be glad to find a counterpoise in Yermont. Tliese mutual interests and inclinations will facilitate a proper result." He further informed Mr. Chipman that there would be no distribution of western land to particular parts of the community ; assured him that the public debt of the United States would be provided for by indirect taxation, and by other politic measures ; recommended that the state of Yermont should ratify the constitution, uj)on condition that Congress should provide for the extinguishment of all existing claims to land under grants of the state of New York, which might inter- fere with claims under the state of Yermont ; and declared that it would be wise " to lay as Httle impediment as possible " in the way of the reception of Yermont into the Union. In answer to another letter from Mr. Chipman of the 6th of September, Mr. Hamilton referred in general terms to the sub- ject of their correspondence, and reiterated in a more extended form the observations he had previously made. To a sugges- tion of Mr. Chipman, that Yermont would desire to extend her territorial limits before becoming a part of the Union, Mr. Hamilton replied : — " I am sorry to find that the affair of the boundary is likely to create some embarrassment. Men's minds 1788.] LETTER OF ALEXANDER HAMILTON. 557 everywhere out of your state, are made up upon, and reconciled to that which has been dehneated by Congress. Any depar- ture from it must beget new discussions, in wliich all the pas- sions will have their usual scope, and may occasion greater im- pediments than the real importance of the thing would justify. If, however, ti* further claim you state cannot be gotten over with you, I would still wish to see the experiment made, though with this clog ; because I have it very much at heart that you should become a member of the confederacy." Referring then to the question of the right of the Legislature of Vermont to decide upon the accession of that state to the Union, he ob- served : — " There is one thing which I think it proper to men- tion to you, about which I have some doubts, that is, whether a legislative accession would be deemed valid. It is the policy of the system to lay its foundation on the immediate consent of the people. You will best judge how far it is safe or practica- ble to have recourse to a convention. Whatever you do, no time ought to be lost. The present moment is undoubtedly critically favorable. Let it, by all means, be improved." During the following winter, Mr. Hamilton and Mr. Chipman had an interview at Albany, " when," observes the biographer of the latter gentleman, " they took a view of the subject some- what diiferent from their opinions which appear in the fore- going correspondence, and agreed on a mode of settling the con- troversy, which was afterwards adopted by the two states."* The dispute between ]S[ew York and Philadelphia as to which should be the permanent seat of the federal government, was finallj^ decided in favor of the latter city. This result showed plainly that the western and southern influence was greater in Congress, than the northern. No state felt the force of this fact more severely than New York. Kentucky, whose terri- tory belonged to Yirginia, was anticipating a reception into the federal government, as a separate state, at no distant day. The admission of Yermont, it was seen, would tend, in some ueasure, to equalize representation. Her weight would serve 's a counterpoise to the undue influence of particular sections f the Union. It was known at the north, that the adoption of he constitution of the United States had tended greatly to increase the desire of New York and Yermont, that the latter state should become a part of the Union. The controversy * Life of Chipman, pp, 70-81. 558 HISTORY OF EASTERN VERMONT. [1789. which had so long divided these states, whose interests, but for that, were now ahnost identical, was the only barrier which prevented the connection. The wisest and best men in both, were ready to make the attempt to remove this hindrance, by concessions that would be j ust for each.* Such was the wish, also, of those to whom the administration of public aflairs was entrusted. For the purpose of manifesting their willingness to end the controversy, the Legislature of New York, on the 14th of July, 1789, passed an act " appointing commissioners with power to declare the consent of the Legislature of the state of New York, that a certain territory within the jurisdiction thereof, should be formed or erected into a new state." The commissioners named, were Robert Yates, Rufus King, Gulian Yerplanck, Robert R. Livingston, Simeon De Witt, Richard Yarick, and John Lansing Jr. Li the words of the act, they, or " any four or more of them," were vested with full power " to declare the consent of the Legislature of this state, that such district or ter- ritory within the jurisdiction, and in the north-eastern and northern parts thereof, as the said commissioners shall judge most convenient, should be formed and erected into a new state." Special provision was at the same time made, that nothing contained in the act should be construed to give any person claiming lands in the district "to be erected into an independent state," any right to any compensation from the state of New York.f * The tone of public opinion on the subject of the controversy may be deduced, to a certain extent, from the newspapers of that period. The following extract is from Tliomas's Spy, No. 831, March 12th, 1789. "Vermont, Bennington, February 23 [17S9]. " Two of the agents of this state, appointed to attend on Congress, to negotiate the admission of this state into the new federal government, have attended the legislature of New York, during their session at Albany, in order to influence that honorable body to recognize our independence ; and we learn that a bill for that purpose is now under their consideration, by which the western bounds of this state is afiixed at the western bounds of the townships granted by Hampshire. " We are informed from respectable authority, that many influential members of the legislature of New York, are anxious for the admission of Vermont into the Federal Union, to prevent internal divisions among the American states. The Hon. General Schuyler and others have given it as their opinion, that matters should be compromised amicably and speedily between this state and the New York claimants — the peace of the Union being of far greater value than half a million acres of land." f This act was sent to Thomas Chittenden, in a letter dated at Albany on the 16th of July, 1789, and signed by all the commissioners except Richard Varick, Laws of N. Y., Ist meeting of 13th session, p. 2. Williams's Hist. Vt., ii. 257,. 258. 1789, 1790.] APPOINTMENT OF BOTJNDAEY COMMISSIONERS. 559 On the 23d of October, 1789, the Legislature of Vermont responded to the advances made by the Legislature of New York, and passed an act, appointing Isaac Tichenor, Stephen R, Bradley, Nathaniel Chipman, Elijah Paine, L-a Allen, Stephen Jacob, and Israel Smith, commissioners in behalf of the state, '' with full powers to them, or any four or more of them, to treat with commissioners that now are, or hereafter may be, apj)ointed by the state of New York, and who shall be fully authorized and empowered, by the said state of New York, to ascertain, agree to, ratify, and confirm a jurisdictional or boundary Hue between the state of New York and the state of Vermont ; and to adjust, and finally determine, all and every matter or thing which, in any wise, obstructs a union of this state with the United States." Special provision was at the same time made, that nothing in the act should be construed to give the commis- sioners power, either " to lessen or abridge the present jurisdic- tion" of Vermont ; or to " oblige the inhabitants of the same, or any other person or persons, claiming title to lands" pre- viously granted by Vermont, or " the late province of New Hampshu-e," to relinquish "their claims under the jurisdiction thereof, or, in any wise, subject the state of Vermont to make any compensation to difierent persons, claiming under grants made by the late province, and now state, of New York, of lands situate and being in the state of Vermont, and within the jurisdiction of the same."* • Having become satisfied that several omissions had been made in the act of the 14th of July, 1789, by which commis- sioners had been appointed to acknowledge the sovereignty of Vermont, the Legislature of New York, on the 6th of March, 1790, repealed that act, and passed another with a similar title. Eobert Yates, Robert R. Livingston, John Lansing Jr., Gulian Verplanck, Simeon De Witt, Egbert Benson, Richard Sill, and Melancton Smith were named as commissioners in the second act. The same authority which had been conferred on the other commissioners was transferred to them, and, in addition to this, they were vested with " full power to treat, conclude, and agree with any person or persons, or any assemblies or bodies of peo- ple," touching the relinquishment of the jurisdiction of the state of New York over a certain ^lortion of her " north-eastern and northern " territory ; and touching " the securing or con- ♦ Slade'8 Vt. State Papers, pp. 192, 193. Life of Chipman, p. 82. 560 HISTORY OF EASTERN VERMONT. [1790. firming of rights, titles, or possessions of lands witliin such dis- trict or territory, held or claimed under grants from the state of New Hampshire while a colony, or under grants, sales, or loca- tions made by the authority of the govermnent or jurisdiction now existing, and exercised in the north-eastern parts of this state, under the name or style of the state of Vermont, against persons claiming the same lands under grants from this state while a colony, or since the independence thereof." In an accom- panying proviso, the commissioners were prohibited from sanctioning or countenancing, in any way, the " grants, sales, or locations " made " by or under Yermont," in that portion of the state of New York, to which the name of the Western Union had been once applied by Yermont. In another section of this act, it was stated, that whatever the commissioners might stipulate to receive, as " a compensa- tion for extinguishing the claims" to lands " within the said district, derived under the late colony of New York," should be for the use of those claimants thus deprived of their grants, although in the stipulations the " compensation should be de- clared to be for the use of this state, or for the people thereof." It was also provided that nothing in this act should be construed to give to any person claiming as above set forth, " any right to any further compensation " from the state, than the compensa- tion which might " be so stipulated as aforesaid."* In conformity with the terms of this act, and of that passed by the Legislature of Yermont, the commissioners of the two states assembled. " The only point of difficulty and debate," observes Mr. Williams, " related to a compensation for the lands claimed by the citizens of New York, which had been regranted by the government of Yermont." The discussions on this subject were carried on in a most friendly and con- ciliatory manner, and after two or three meetings, " an equitable and amicable agreement " was concluded. On the Tth of October, the commissioners of New York by virtue of the powers granted to them for that purpose, declared the con- sent of the Legislature of New York, that the state of Yermont should be admitted into the Union of the United States of America ; and that immediately upon such admission, all claims of jurisdiction of tire state of New York within the state of Yermont should cease. * Laws of N. Y., 2d meeting, 13th session, p. 13. 1790.] SPECIFICATION OF THE BOUNDARY LINE. 561 They further declared that thenceforth, " the perpetual boun- dary line between the state of Kew York and the state of Yer- mont" should be as follows: — "Beginning at the north-west corner of the state of Massachusetts ; thence westward, along the south boundar}^ of the township of Pownall, to the south- west corner thereof; thence northerly, along the western boun- daries of the townships of Pownall, Bennington, Shaftsbur}', Arlington, Sandgate, Kupert, Pawlet, Wells, and Poultney, as the said townships are now held or possessed, to the river, com- monly called Poultney river ; thence down the same, through the middle of the deepest channel thereof, to East Bay ; thence through the middle of the deepest channel of East Bay and the waters thereof, to where the same communicates with Lake Champlain ; thence through the middle of the deepest channel of Lake Champlain, to the eastward of the islands called the Four Brothers, and the westward of the islands called Grand Isle and Long Isle, or the Two Heroes, and to the westward of the Isle La Mott, to the forty-fifth degree of north latitude." "With regard to the lands which had been granted by Kew York, the commissioners, announcing " the will of the Legisla- ture of the state of N"ew York," decreed that, " if the Legisla- ture of the state of Yermont should, on or before the first day of January, 1Y92, declare that, on or before the firet day of June, 1794, the said state of Yermont would pay to the state of New York the sum of thirty thousand dollars, that, imme- diately from such declaration by the Legislature of the state of Yermont, all rights and titles to lands w^ithin the state of Yer- mont, under grants from the government of the late colony of New York, or from the state of New York, should cease," those excepted which had been made in confirmation of the grants of New Hampshire. Such was the deliberate decision of the com- missioners upon the topics which had been submitted to them for a final and definitive settlement.* The plan proposed in this decision met with the approbation of the Legislature of Yermont, and on the 28th of October they passed an act, directing the ti-easurer of the state to pay the sum of thirty thousand dollars to the state of New York, at or before the time proposed ; adopting the line proposed by the commissioners as the perpetual boundary between the two states ; and declaring all the grants, charters, and patents of * "Williamss Hist. Yt, ii. . 258, 259. Slade's Vt. State Tapers, pp. 190, 19l. Thompson's Vt., Part II. p. 83. Doc. Hist. N. Y., iv. lU'iS. 36 562 HISTORY OF EASTERN VERMONT. [1791. land, lying within the state of Yermont, made l)y or under tlie late colony of New York, to be null and void, and " incapal)le of being given in evidence in any court of law" within the state, those excepted which had been made in confirmation of the grants from New Hampshire. " In this amicable manner," observes Mr, Williams, " was terminated a controversy which had been carried on with great animosity for twenty-six years." ^ Both sides were weary of the contest, and, happily for them, the general condition of America was favorable to conciliatory measures. This seems to have been the only period, in which the matter could have been adjusted to the satisfaction of all parti es.f The difficulties with New York having been terminated by these proceedings, the General Assembly of Yermont issued a call for a convention of the people, to take into consideration the expediency of joining the federal union. The convention met at Bennington on the 6th of January, 1791. Among the delegates were Thomas Chittenden, the president, and Moses Kobinson, the vice-president of the convention, Nathaniel Chip- man, Stephen R. Bradley, Ira Allen, Ebenezer Allen, Daniel Buck, Jonathan Arnold, Gideon Olin, Jonathan Hunt, John Strong, John Fassett, Timothy Brownson, and many others of sound practical sense, and stern integrity. Of the conflicting opinions which prevailed on this occasion, Mr. Williams remarks: — " The members were not all agreed on the expedi- ency of being connected with the thirteen states, and it was doubted, whether a majority of the people were for the measure. Several members of the convention wished to defer the conside- ration of the question, to a more distant period. It w^as urged on the other hand, that the safety, the interest, and the honor of Yermont, would be essentially promoted by joining the union of the other states, and that this was the precise time, wdien it might be done without difficulty or opposition." Favoring the accession of Yei*mont to the union, Nathaniel Chipmau, distinguished both as an able jurist and an accom- plished scholar, urged the convention to give their assent to the measure, and in a forcible and argumentative speech, advanced his reasons for recommending such a course. In emphatic language, he described the insignificance of the condition to * The commencement of the controversy is generally fixed at the date of the Order of the King in Council, viz. July '20th, 1764. See ante, p. 130. f Williams's Hist. Vt., ii. 259, 260. Blade's Vt. State Papers, pp. 191, 193, 194. 1791.] VIEWS OF NATHANIEL CIIIPMAN. 563 which Vermont \voiild be continually subjected, should she remain a se2:)arate state, and foreshadowed her probable fate in case a war should arise between the United States and Great Britain. He showed in what manner learning and science, and manufactures, and the arts, would be patronized in Vermont by means of the Union, and how, as a result of the same cause, the moral and social condition of the state would be exalted. He referred to the different methods that had been adoi)tGd in different ages of the world, to bring states similarly situated to act as one confederacy, and declared that the constitution and the federal government of the United States, though almost phenomena in civil polity, were better calculated than any other means that could be adopted, to unite in one body the people of the United States, and to secure " the tranquillity, happiness, and prosperity of the Union," Arguments like these prevailed, and on the lOtli of January, after a session of four days, the convention resolved that appli- cation should be made to Congress for the admission of Vermont into the federal Union. This decision was supported by an instrument, in which the convention, by virtue of the power and authority to them entrusted for that purpose, " fully and entirely " approved of, assented to, and ratified the constitution of the United States, and declared, that " as soon as the state of Vermont shall be admitted by the Congress into the Union, and to a full participation of the benefit of the government now enjoyed by the states in the Union, the same shall be binding on us and the people of the state of Ver- mont forever." This instrument was signed by one hundred and five of the one hundred and nine members of the conven- tion. The convention having completed the business for which they had been called together, dissolved on the 11th of Janu- ary. The General Assembly of Vermont met at Bennington, on the day previous to the dissolution of the convention, and, on the 18th, made choice of Nathaniel Chipman and Lewis H. Morris, as their commissioners to repair to Congress and negotiate the admission of Vermont into the Union. Pursuant to their appointment, these gentlemen visited Philadelphia and laid before General Washington, the President of the United States, the proceedings of the convention and Legislature of Vermont, before referred to. On the 18th of February, Congress by an act declared, " that on the fourth day of March, one thousand 564 HISTORY OF EASTERN VERMONT. [1791 — 1795. seven hundred and ninety, one, the said state, by tlie name and style of ' the state of Yermont,' shall be received and admitted into this Union, as a new and entire member of the United States of America." Thus did Vermont finally reach the position which she was so well entitled to fill. Her accession to the Union was everywhere regarded with satisfaction, and no better proof of the feeling of Congress on the subject is needed, than the fact that she was admitted without debate and by a unanimously affirmative vote.* During their session held at Windsor in the months of Octo- ber and JS^ovember following, the General Assembly of Yer- mont made provision for raising the sum of $30,000, by a gene- ral land tax.f At this period in the history of the United States, before the establishment of a national currency, the difficulty of procuring large sums of silver or gold was severely felt. Owing to this scarcity of a circulating medium, and the poverty of the people, the state of Yermont was unable to pay the whole of the stipulated amount at the appointed time. An act was therefore passed by the Legislature of New York, extending the time of the payment. As soon as the greater por- tion of the $30,000 had been received, a question arose as to the method of apportionment which should be adopted, in dividing it among those to whom it belonged. For the purpose of remov- ing all trouble on this point, the Legislature of New York passed an act on the 6th of April, 1795, " concerning the money paid into the treasury of this state, by the state of Yermont." In the preamble of this act, the various proceedings which had led to a settlement of the controversy were recited, and the neces- sity of making " a just and equitable distribution" of the money which already had been and which hereafter was to be paid, was stated. To accomplish this object, Robert Yates, John Lansing Jr., and Abraham Yan Yechten were appointed commissioners, * Williams's Hist. Vt., ii. 260, 261. Slade's Vt State Papers, pp. 194-196. Life of Nathaniel Chipman, pp. 83-95. Ira Allen's Hist. Vt., pp. 249, 250. \ "The General Assembly of Vermont has passed a law, laying a tax of one halfpenny per acre, on all lands in that state, for the purpose of raising the sum of $30,000, to discharge the demand of the state of New York upon them." Thomas's Spy, November 24, 1791, No. 973. " As compensation for the loss of these lands, the state of Vermont stipulated and paid to the state of New York, 30,000 Spanish milled dollars." " With good management, 30,000 dollars cancelled grants from the late colony of New York, for about 5,000,000 acres of land." — Ira Allen's Hist. Vt., pp. 249, 250. 1799.] FINAL SETTLEMENT OF THE DISPUTE WITH NEW YORK. 565 to decide all claims of citizens of New York to lands situated iu Yermont which had been ceded by the former state to the latter, and to determine what proportion of the $30,000 each claimant should receive. The commissioners were directed to give notice of the time when they would receive and examine claims. Claimants who should not notify their claims to the commissioners, within one year after the publication of the notice, were declared for ever barred of the right of recovery. Vested with these powers, and guided by these regulations, the commissioners began their examination. Many applications were received, and the amount of compensation claimed was far greater than the sum from which it was to be drawn. Finally on the 23d of April, 1799, the commissioners rendered their report. Of the seventy-six-claimants among whom the Slim was divided, those who received the largest amount were Goldsbrow Banyar, Samuel Avery, the heirs of James Duane, William Cockburne, the heirs of Simon Metcalf, Brooke Wat- son, William Smith, John Plenderleaf, Jonathan Hunt, John Bowles, Thomas Is^orman in right of his wife the daughter of Crean Brush, Abraliam Lot, Samuel Stevens, James Abeel, the heirs of Cadwallader Golden, and John Bard.* With this apportionment all the direct results flowing from the controversy between New York and Yermont ceased. The two states, united by the bonds of trade and mutual interest, no longer regarded one another with jealousy or distrust, but sought rather, by the interchange of confidence and concession, to obliterate the recollections of the past. From the time wdien Yermont first declared her independence, " Freedom and Unity" was the expression of the principles which guided her conduct. " Freedom and Unity" is the motto with wdiich she now stands among the states of this Union. * Life of Chipman, p. 82. Laws of N. Y., 18th session, pp. 34, 85. Doc. Hist, N. Y., iv. 1024, 1025. An account of the division of the $30,000 is contained in Appendix L. CHAPTER XXI. EAKLY LAWS OF VERMONT INDIAN INSCRIPTIONS. First constitution of Vermont modelled on the first constitution of Pennsylvania — Constitution of Vermont legalized by statutory enactments — Epitome of the constitution — Its religious and moral elements — The test creed — Educational interests — Freedom of speech and of the press maintained — Establishment of courts of justice — Good men to be placed in office — The purity of the ballot- box — The necessity of labor — First essay at legislation — The laws of February, n'79 — The " Word of God" and the "Connecticut lawbook" — The criminal code of Vermont — Capital offences — Degrading punishments — Manslaughter — Incest — Adultery — Polygamy — Housebreaking and highway robbery — Coun- terfeiting — Riot — Perj ury — Forgery — Lying — Theft — Cursing or profane swear- ing — Gaming — llorse-racing — Night-walking — Tavern-haunting — Licensing ta- verns — Drunkenness — Sabbath-breaking — Stocks — Care of the poor — Militia service — Attorneys — Instances of the infliction of corporal punishment — Sin- gular customs — Imprisonment for debt — The burial of Thomas Chandler Sen. — The marriage of Mrs. Lovejoy — Indians of Vermont — Coos — Newbury — In- dian sculptures at Bellows Falls — The " Indian Rock" on West or Wautastiquet river. The references in some of the previous chapters to the statutes enacted by the General Assembly of Yermont for the punish- ment of Yorkers and the enemies of the state, would naturally lead the reader to inquire concerning the character of the early legislation of this independent jurisdiction. Allusion has al- ready been made to the peculiar circumstances nnder which the first constitution of Yermont was adopted. Soon after the people of the New Hampshire Grants had declared that district a free and independent state, many disinterested persons ex- pressed a desire that the organization of "New Connecticut, alias Yermont," as the new state was called, should be imme- diately efi'ected. On the 11th of April, 1777, Dr. Thomas Young, a citizen of Philadelphia, published an address to the inhabitants of Yermont, urging them to maintain the ground they had taken, and pointing out to them the method by which 1777.] REVIEW OF THE CONSTITUTION AND LAWS OF VERMONT. 567 many of the difficulties in forming a government might be met and overcome. " I have recommended to your committee," he observed in this address, "' the constitution of Pennsylvania as a model, which, with a very little alteration, will, in my opi- nion, come as near perfection as any thing yet concocted by mankind. This constitution has been sifted with all the criti- cism that a band of desj^ots was master of, and has bid defiance to their united powers." His advice was followed, and an in- strument which was supposed to have been the work of Benja- min Franklin became the basis of that upon which the govern- ment of Vermont was established.* Though built on so good a foundation, the constitution of Vermont was the work of men whose necessities gave them but little time for thought or deliberation. Prepared at a time when the United States was engaged in a w^ar which convulsed the whole American continent ; completed at the moment when Burgoyne, having ravaged the shores of Lake Champlain, was maturing the reduction of Ticonderoga ; and published while the excitement consequent upon the triumph at Bennington was still agitating the minds of the Green Mountain Boys, it was never sanctioned by a vote of the people, but was tacitly accepted by them as the exponent of their rights and privileges. The remark of Governor Slade, that the constitution of Yer- mont " was considered a mere nullity by the statesmen of that period," cannot be regarded as strictly correct. At the same time, it is difficult to determine in what estimation it was held, either by them or the people. The first act passed by the General Assembly, at their session held at Bennington on the 11th of February, 1779, was "An act for securing the general privileges of the people, and establishing common law and the constitution^ as part of the laws of this state." For what pur- pose this statute was needed is by no means apparent. In its very nature, the constitution of a state is superior to any statute law. It is, in a certain sense, the fountain and source of statute law. By it the state is organized and becomes invested with power to legislate. The attempt, therefore, of the General As- sembly of Vermont to legalize the constitution of the state, ap- pears to have been either simply an absurdity, or a proof that * Tlie similarity between the first constitution of Vermont and the first consti- tution of Pennsylvania may be seen by comparing those instruments as they appear in the " Memoir of Thomas Chittenden," by Daniel Chipman, pp. 26-50. et passhn. 568 HISTORY OF EASTERN VERMONT. [1777. tlie statesmen regarded tlie constitution as possessed of but little binding force, and hoped to dignifj it in the estimation of the people, by investing it with, at least, the power of law. Ilad tliere been no further attempts to give the constitution a statutory force, this inference might be regarded as partially correct. The desire to " make assurance double 8m*e," seems, however, to have prevailed in the minds of the law-makers, and its effect in bolstering up the constitution was visible in a num- ber of instances. In June, 1782, a law was enacted by the General Assembly, while in session at Windsor, for the purpose of " establishing the constitution of Yermont, and securing the privileges of the people." At a convention held at Manchester in June, 1Y86, the constitution was revised and re-established. The General Assembly sat during a portion of February and March, 1787, at Bennington, and on the 8th of the latter month they declared by a special statute, that the constitution " shall be forever considered, held, and maintained, as part of the laws of this state." The constitution underwent a second revision at a convention held at Windsor in July, 1793. At a session of the General Assembly held at Rutland during October and November, 1796, that instrument was, by a legislative enact- ment, passed on the third day of the latter month, again pro- nounced and established " the supreme lav/ " of the state.* The first constitution was " established by convention " on the 2d of July, 177Y. It was divided into three parts. The first division consisted of a preamble, in which were set forth the reasons that liad induced the people of the New Hampshire Grants, to form themselves into a separate and independent commonwealth. A " Declaration of the rights of the inhabit- ants of the state of Yermont" was comprised in the second division. The third division contained the " Plan or frame of government," in accordance with which the affairs of the state were to be conducted. The tone of the whole instrument was moral, manly, independent. Yermont ever strove to imbue her public expressions with the spirit of freedom. Li her relations with other states, she preserved her word and her honor unim- paired. Only in her negotiations with the British in Canada did she employ ambiguous terms and the arts of diplomacy, but it was by these means that she maintained her separate * Blade's Vt. State Papers, p. 288. Statutes of Vt, 1787, pp. 31, 32. Acts and Laws of Vt., 1796, pp. 3, 4. 1777.] JUST SENTIMENTS CONCERNING KELIGION. 5G9 ]3olitical existence, and secured the frontiers of the northern states from rapine and devastation. The positions taken in the constitution were in strict conformity with the character of men who loved Hbertj and hated oppression. The natural freedom of man ; the inherence of power in the people ; the establish- ment of government for the benefit of all ; the purity of the ballot-box ; the subserviency of private property to public uses; the trial by jury ; the sacredness of hearth and home; the subordination of the military to the civil power ; the right of petition and remonstrance — these, and other principles equally noble, were asserted with unaffected confidence, in this exposition of the moral, civil, and political faith of the people of Yermont, Concerning man as a religious being, it was claimed " that all men have a natural and unalienable right to worship Al- mighty God, according to the dictates of their own consciences and understanding, regulated by the word of God ; and that no man ought, or of right can be compelled to, attend any reli- gions worship, or erect or support any place of worship, or maintain any minister, contrary to the dictates of his con- science ; nor can any man who professes the Protestant religion be justly deprived or abridged of any civil right, as a citizen, on account of his religious sentiment, or peculiar mode of reli- gious worship ; and that no authority can, or ought to be in- vested in, or assumed by any power whatsoever, that shall, in any case, interfere with, or, in any manner, control the rights of conscience in the free exercise of religious worship, ISTever- theless, every sect or denomination of people ought to observe the Sabbath or the Lord's day, and keep up and suj)port some sort of religious worship, which to them shall seem most agree- able to the revealed will of God." These sentiments were more strenuously enforced in the positive declaration that " laws for the encouragement of virtue and prevention of vice and immorality shall be made and constantly kept in force ; and provision shall be made for their due execution ; and all religious societies or bodies of men, that have been, or may be hereafter, united and incorporated for the advancement of reli- gion and learning, or for other pious and charitable purposes, shall be encouraged and protected in the enjoyment of the pri- vileges, immunities, and estates, which they, in justice, ought to enjoy under such regulations as the General Assembly of this state shall direct." 570 HISTOKY OF EASTERN VERMONT. [1TT7. Though these semi-puritanic law-givers were willing to allow to the 23eople a considerable latitude in the " mode of religious worship," yet in matters of religious faith they were more ex- acting. Every member of the General Assembly, before tak- ing his seat, was required to accept and subscribe a test creed, in these words : — " I do believe in one God, the Creator and Governor of the universe, the rewarder of the good and punisher of the wicked. And I do acknowledge the scriptures of the Old and Kew Testament to be given by Divine inspiration, and own and profess the Protestant religion," It appears by the records of the General Assembly, that Ethan Allen, who was returned a member from Arlington in October, 1778, refused to express his belief in the manner prescribed by law. His participation in the deliberations of that session, shows that his non-conformity did not debar him from serving as the represen- tative of his constituents. "When in October, 1785, the consti- tution was revised, the acknowledgment of a religious belief was deemed essential, and the test creed was retained un- changed. While the interests of religion were thus protected, educa- tional interests were not neglected. Tlie provision made for the instruction of the youth of the state, at a time when boys of sixteen were compelled to bear arms, and when the alarms of war rendered a continuous attention to the arts of peace al- most impossible, affords a striking example of the forecast of these self-taught statesmen. Fully imbued with the necessity of multiplying the advantages of instruction, they declared that " a school or schools shall be established in each town by the Legislature, for the convenient instruction of youth, with such salaries to the masters, paid by each town, making proper use of school lands in each town, as thereby to enable them to instruct youth at low prices. One grammar school in each county, and one university in this state, ought to be established by direction of the General Assembly." To these wise provi- sions and to the laws which were afterwards enacted in accord- ance with them, Vermont owes the high position which she now holds, in an educational point of view, among the other states of the Union. Among a people who had ever been accustomed to express publicly their opinions, restraints infringing upon this privilege would be necessarily irksome. To guard against a contingency of this nature, and to protect that medium by which public 1777.] ADMINISTRATION OF JUSTICE. 571 wrongs are exposed, the condition of the state made known, and information of every proper character extended, the legis- lators of Yermont asserted " that the people have a right to freedom of speech, and of writing and publishing their senti- ments : therefore, the freedom of the press onght not to be restrained," and further, that " the printing presses shall be free to every person who undertakes to examine the proceedings of the Legislature, or any part of government." Ever since the abolition of colonial rule, the trial and punish- ment of evil-doers had devolved upon town and county com- mittees of safety, and upon such other temporary tribunals as had been warranted by public policy, and tacitly sanctioned by the people. As a consequence of this imperfect mode of judi- cial administration, the power thus delegated was often used to gratify the promptings of malice, or, on account of ignorance, was not exercised with that discrimination which distinguishes accurately between the right and the wrong. " Courts of jus- tice shall be established in every county in the state," pro- claimed the constitution, and thenceforth Justice blinded her eyes to the temptations which were s))ringing up on every side to beguile her, and adjusted her scales with honest precision. For the purpose of securing a just administration of the affiiirs of government, the principle of selecting for office, men of high moral character and unblemished reputation, was early established. In avowing this idea the announcement was made, " that frequent recurrence to fundamental principles, and a firm adherence to justice, moderation, temperance, industry, and frugality are absolutely necessary to preserve the blessings of liberty, and keep government free. The people ought, there- fore, to pay particular attention to these points in the choice of officers and representatives. The people have a right to exact a due and constant regard to them, from their legislators and magistrates, in the making and executing such laws as are necessary for the good government of the state." These no- tions found full development in the plain statement " that no person shall be capable of holding any civil office in this state, except he has acquired and maintains a good moral character." To affi^rd a more effectual protection in the exercise of the elective franchise, it was decreed by the constitution that " all elections, whether by the people or in General Assembly, shall be by ballot, free and voluntary ; and any elector who shall receive any gift or reward for his vote, in meat, drink, monies, 572 HISTOKY OF EASTERN VERMONT. [1777. or otherwise, shall forfeit his right to elect at that time, and suffer such other penalty as future laws shall direct. And any person who shall, directly or indirectly, give, promise, or be- stow any such rewards to be elected, shall thereby be rendered incapable to serve for the ensuing year." By legislative enact- ments, other j^unishments were denounced against those who should attempt to impair the purity of the ballot-box. In the system of government promulged by the founders of the new state, industry, as the safeguard of a people, was a foundation principle. The sentence passed upon the father of mankind, wherein it was declared, that in the sweat of his face he shoidd eat bread, was too plainly appHcable to his descend- ants inhabiting a country as unproductive as was Vermont, to allow of the supposition, that any one could live there without employment of some nature. Having been obliged to gain their own subsistence by toilsome labor, the first legislators of Vermont felt and declared the necessity of a similar course, for all who desired to maintain a manly self-respect. These senti- ments found expression in the constitution, in the following lan- guage : — " As every freeman, to preserve his independence (if without a sufficient estate), ought to have some profession, call- ing, trade, or farm, whereby he may honestly subsist, there can be no necessity for, nor use in establishing offices of profit, the usual effects of which are dependence and servility unbecoming freemen, in the possessors or expectants, and faction, conten- tion, corruption, and disorder among the people. But if any man is called into public service, to the prejudice of his pi'ivate affairs, he has a right to a reasonable compensation. And whenever an office, through increase of fees or otherwise, be- comes so profitable as to occasion many to apply for it, the profits ought to be lessened by the Legislature."* Such were some of the features of the constitution under which the new state began its political existence. In the government as established, the supreme legislative power was vested in " a House of Representatives of the freemen, or com- monwealth, or state of Vermont," and the supreme executive power in a Governor and a Council of twelve, the members of which body were denominated Councillors or Assistants. The first session of the General Assembly — the name by which the * Acte and Laws of Vt., Ill 9, pp. i. — xii., 1, 2. Slade's Vt State Papers, pp. 241-255, 287, 288, 524. 1779.] ACTS PASSED BY TIIE FIRST GENERAL ASSEMBLY. 573 House of Representatives was commonly designated — was held in March, 1778. A second was held in June, and a third in October following. The laws which were passed at these ses- sions were published towards the close of the year in pamphlet form, but were never recorded in the office of the secretary of state. Of their nature little is known. They, doubtless, par- took more of the character of temporary regulations than of permanent laws. In the journal of the first session, there are two entries under the date of March 26th, in these words : — " Passed an act for the punishing high treason and other atrocious crimes, as said act stands in the Connecticut law- book." " Passed an act against treacherous conspiracies, as said act stands in the Connecticut law-book." From these and other indications of a similar nature, it may be reasonably inferred, that Connecticut was the source whence New Connecticut, alias Vermont, derived many of her ideas of government and law. The crude manner in which these ideas were necessarily, in many instances, expressed, was doubtless the reason why the early enactments were not recorded. " It is indeed a subject of regret," observes Mr. Slade, " that any cause should have been thought sufficient to justify a neglect, by which the first essay at legislation by the government of Vermont, has been lost to succeeding generations." From the laws enacted at the fourth session of the General Assembly, held in February, 1779, a very correct idea may be formed of the determined character of the people of Vermont. No one can fail to recognise the fact, as developed in these statutes, that they loved liberty, hated oppression, and deemed it necessary to visit crime with punishments of the severest nature. By the first act passed at this session, it was decreed, as has been before stated, that the constitution should be " for- ever considered, held, and maintained, as part of the laws of this state." In the preamble of the same act, it was maintained that " the free fruition of such liberties and privileges as humanity, civility, and Christianity call for, as due to every man, in his place and proportion, without impeachment and infringement, hath been, and ever will be, the tranquillity and stability of churches and commonwealths ; and the denial or deprival thereof, the disturbance, if not the ruin of both.' Agreeable to these positions, it was enacted by statute, that " no man's life shall be taken away ; no man's honor or good 574 HISTORY OF EASTERN VERMONT. [1779. name stained ; no man's person sliall be arrested, restrained, banished, dismembered, nor any ways punished ; no man shall be deprived of his wife or children ; no man's goods or estates shall be taken away from him, nor any ways indamaged under colour of law, or countenance of authority, unless it be by vir- tue of some express law of this state, warranting the same, established by the General Assembly ; or, in case of the defect of such law in any particular case, by some plain rule war- ranted by the Word of God." — That the "Word of God" and the " Connecticut law book" were the sources, whence were drawn those ideas which pre- vailed in the formation of the penal statutes of Yermont, may be readily seen from an examination of the statutes themselves. " The early criminal code of Connecticut," observes a late writer,* " recognized twelve capital oifences, to which two more were afterwards added, and all of which were founded on the strict precepts of the Levitical law," The criminal code of Vermont, adopted in February, 1779, recognized nine offences punishable by death. These were treason ; murder ; arson ; rape ; bestiality ; sodomy ; bearing false witness against a person for the purpose of causing his death ; mutilation, either by mali- ciously cutting out or disabling the tongue, or by putting out one or both of the eyes, " so that the person is thereby made blind," or by emasculation ; and blaspheming " the name of God the Father, Son, or Holy Ghost, with direct, express presumption, and high-handed blasphemy," or cursing " in the like manner." f Other crimes were regarded with a sternness approaching almost to that which characterized the Draconian system. Manslaughter was punished by the forfeiture to the state of " all the goods and chattels" of the manslayer ; by whipping " on the naked body ;" by branding the hand " with the letter M on a hot iron ;" and by disabling the oftender " from giving verdict or evidence" in any court in the state. Persons con- victed of the crime of incest were compelled to sit " upon the gallows the space of one hour, with a rope about their neck, and the other end cast over the gallows ; and in the way from thence to the common gaol," were to be " severely whipt, not * See " Sketches of the Lives and Judicial Services of the Chief Justices of the Supreme Court of the United States," by George Van Santvoord, p. 223. f Acts and Laws of Vt., 1779, pp. 1, 2, 5, 73, 74, 94. Slade's Vt. State Papers, pp. 267, 287, 28S, 201, 292, 354, 355, 375. 1770.] THE LAW AGAINST APULTEKY. 575 exceeding thirty-nine stripes eacli." Otlier punishments for this offence were stated in these words : — " Persons so offend- ing, shall, forever after, wear a capital letter I, of two inches long and proportionable bigness, cut out in cloth of a contrary colour to their cloaths, and sewed upon their garments, on the outside of their arm, or on their back, in open view. And if any person or persons, convicted and sentenced as aforesaid, for such offence, shall, at any time, be found without their letter so worn, during their abode in this state, they shall, by warrant from any one assistant or justice of the peace, be forthwitli ap- prehended, and ordered to be publicly whipt, not exceeding fif- teen stripes, and from time to time, or as often as they shall so offend." Incestuous marriages were also declared void, and all children born of such connection were " forever disabled to inherit by descent, or by being generally named in any deed or will, by father or mother." In the statute " against and for the punishment of adultery" the following language was held : — " "Whosoever shall commit adultery with a married woman, or one betrothed to another man, both of them shall be severely punished by whipping on the naked body, not exceeding thirty-nine stripes, and stigma- tized, or burnt on the forehead with the letter A, on a hot iron ; and each of them shall wear the capital letter A, on the back of their outside garment, of a different color, in fair view, dur- ing their abode in this state. And as often as such convicted person shall be seen without such letter, and be thereof con- victed before an assistant or justice of the peace in this state, [he] shall be whipt on the naked body, not exceeding ten stripes." The same punishments were denounced against those who should be guilty of polygamy, and polygamous marriages Avere declared " null and void." At the session of the General Assembly in October, 1783, the statutes against adultery and polygamy were re-enacted in a more definite form, but with penalties attached similar to those above recited. House-breaking and highway robbery were punished with great severity. " Whosoever shall commit burglary," these were the words of the statute, " by breaking up any dwelling- house, or shop, wherein goods, wares, and merchandize are kept ; or shall rob any person in the field or highway — such person, so offending, shall, for the first offence, be branded on the forehead with the capital letter B, on a hot iron, and shall have one of his ears nailed to a post and cut off; and shall also 576 HISTORY OF EASTKKN VEEMOXT. [1779. be whipped on the naked body fifteen stripes. And for the second offence, such person shall be branded as aforesaid, and shall have his other ear nailed and cut off as aforesaid, and shall be whipped on the naked bodj twenty-five stripes. And if such person shall commit the like ofience a third time, he shall be put to death as being incorrigible."* In the law " against counterfeiting bills of public credit, coins, or currencies," the penalties denounced upon those guilty of this offence were expressed in these words : — " Every person or persons, so ofi'ending, shall be punished by having his right ear cut ofi", and shall be branded with the capital letter C, on a hot iron, and be committed to a work-house, there to be con- fined and kept to work, under the care of a master, and not to depart therefrom, without special leave from the Assembly of this state, until the day of his death, under the penalty of being severely whipped by order of any court, assistant, or justice, and thereupon to be returned to his former confinement and labor." In addition to these punishments the estate of the offender was declared forfeited to the state. The law for pu- nishing those guilty of hindering any officer, "judicial or exe- cutive, civil or military," in the performance of his duty, has been previously recited.f By the law enacted for the purpose of " preventing and punishing riots and rioters," ofienders were to be fined a sum not exceeding £200, and imprisoned for not more than six months, or whipped " not exceeding forty stripes." Perjury was punished by a fine of £50, and imprisonment for six months. The law further provided, in case the " oftender or offenders, so offending, have not goods and chattels to the value of £50, that then he or they shall be set in the pillory by the space of two hours, in some county town where the offence was committed, or next adjoining to the place where the offence was committed ; and to have both his ears nailed and cut off ; and from thenceforth be discredited, and disabled forever to be Bworn in any court whatsoever, until such time as the judg- ment shall be reversed.":}: Any person guilty of forgery was compelled to stand in the pillory on " three several days of public meeting, not exceeding * Acta and Laws of Vt, 1119, pp. 3-5, 84, 93. Slade's Vt. State Papers, pp. 290, 291, 366, 374, 375, 473-475. f Ante, pp. 340, 341. ^: Acts and Laws of Vt., 1779, pp. 13, 60, 61, 96. Slade's Vt. State Papers, pp. 300, 333, 346-348, 377. 1779.] PUNISHMENTS FOK THEFT. 677 two hours each day ;" to pay double damages ; and was also rendered incapable of giving " any evidence or verdict in any court, or before any magistrate or justice of the peace." By the act " for the punishment of lying," it was declared " that every person of the age of discretion, which is accounted four- teen years, who shall wittingly and willingly make or publish any lie, which may be pernicious to the public weal, or tend to the damage or injury of any particular person, or to deceive and ahicse the people with false news or reports^ and be thereof duly convicted before any court, assistant, or justice of the peace, shall be fined for the first offence 40*., or if unable to pay the same, then such person shall sit in the stocks not ex- ceeding two hours." For the second offence, the delinquent was to be fined " double the aforesaid sum," or to be " whip- ped on the naked body, not exceeding ten stripes." The third offence was to be punished by " double the fine for the second," or by " twenty stripes ;" and for each succeeding offence the fine was to be increased 10*., or five stripes. It was under- stood, however, that the number of stripes was in no case to exceed thirty-nine. Theft, provided the value of the property stolen was less than £6, was punished by compelling the offender to make restitu- tion to the owner in a threefold ratio, and by a discretionary fine, not to exceed £10. If the value of the property was £6 or more, the thief, in addition to the triple forfeiture, was " punished by whipping, not exceeding thirty-nine stripes." For the purpose of meeting the contingency of poverty, it was further ordained : — " If any such offender be unable to make restitution, and pay such three-fold damages, such offender shall make satisfaction by service ; and the prosecutor shall be, and is hereby empowered to dispose of such offender in service, to any subject of this state, for such time as he shall be assigned to such prosecutor by the court, assistant, or justice, before whom the prosecution shall be." Cursing and profane swearing were punished by a fine of 6s., or by sitting in the stocks " not exceed- ing three hours, and not less than one hour," and paying the cost of prosecution. He who allowed gaming in any form on his premises, was punished by fine, as was also he who engaged in this unlawful sport, or in horse-racing.* * Act8 and Laws of Vt., 1779, pp. 35, 36, 44, 80, 88, 89, 92. Slade's Vt. State Papers, pp. 324, 331, 361, 362, 369, 370, 373. 87 578 HISTORY OF EASTERN VERMONT. [1779. For tlie purpose of preventing " unseasonable night-walking, and for the punishing of disorders committed in the night sea- son," a statute was enacted, by the terms of which it was declared, " that if any persons that are under the government of parents, guardians, or masters ; or any boarders or sojourn- ers, shall convene, or meet together, or be entertained in any house, without the consent or approbation of their parents, guardians, or masters, after nine o'clock at night, any longer than to discharge the business they are sent about; or shall meet together, and associate themselves in company or com- panies, in streets or elsewhere after the time aforesaid, and shall commit any disorder, or make any rout at any time in the night season — each person so offending shall forfeit 20*. for every such offence." It was also provided by this act, that if any person suspected of being engaged in causing disturb- ance at night, should not be able to give " a satisfactory account" of himself at the time the disturbance occurred, and prove that he " had no hand " in it, he should be hable for all damage arising therefrom. Power was given to the county courts to license suitable per- sons to keep houses of public entertainment. At the same time, means were taken to prevent the abuses which might arise from the indiscriminate sale of intoxicating liquors. Whenever it should appear to the officers of a town that any person residing within the town was " a tavern-haunter," or that he spent " his time idly " at houses of entertainment, they were authorized " to cause the name of such tavern-hamiter to be posted at the door of every tavern in the same town, by setting up a certifi- cate, under their hands, forbidding every tavern-keeper in such town," under penalty of a fine of £3, and forfeiture of his license- bond, to entertain, or suffer any tavern-haunter so posted, " to have or drink any strong liquors of any kind whatsoever, in or about his house," until the prohibition should be removed. In case the person warned in the manner aforesaid, should refuse to lay aside his " evil practises," authority was given to the town officers to require surety for his good behavior. Should the offender fail to find surety, he was required " to pay a fine of 20s. or sit in the stocks for the space of two hours, on some pub- lic time or season." None except licensed keepers of houses of public entertain- ment were allowed to vend liquors " by a less quantity than a quart." Any person " duly convicted of keeping a tippling- 1779.] PENALTIES FOR DRUNKENNESS AND SABBATII-BREAKING. 579 house, or of selling strong beer, ale, cider, perry, metlieglin, wine, rum, or mixed drink, or any strong drink whatsoever, by retail in small quantities, as aforesaid, without license first had as aforesaid," was rendered liable to a fine of £3 for the first ofience, of £6 for the second offence, and in default of payment in either case, " to be publicly whipped on the naked body not less than ten, nor exceeding fifteen stripes,"* By the statute for " the punishment of drunkenness," it was enacted that if any person should " be found drunken," so as to " be thereby bereaved and disabled in the use of reason and understanding, appearing either in speech, gesture, or behavior, and be thereof convicted, he or she" should forfeit to the trea- surer of the town where the offence was committed, " for the use of the poor therein," 8s. for each offence, or " sit in the stocks not to exceed three hours, nor less than one hour."f In no instance, perhaps, was the influence of " the Connecti- 'cut law book " more apparent, than in the act " for the due observation and keeping the first day of the week, as the Sab- bath or Lord's day ; and for punishing disorders and profane- ness on the same." By its regulations no person was allowed to perform any labor, " works of necessity and mercy, only, excepted," or engage in " any game, sport, play, or recreation " on Sunday, or on any day of public fasting or thanksgiving, under a penalty not exceeding £10. Whoever should be guilty of " any rude, profane, or unlawful behaviour on the Lord's day, either in words or actions, by clamorous discourse, or by shouting, halooing, screaming, running, riding, dancing, jump- ing, blowing of horns, or any such like rude or unlawful words or actions, in any house or place, so near to, or in, any public meeting-liouse for divine worship, that those who meet there may be disturbed by such rude and profane behaviour," was to be fined 40s. for every such offence, and " whipped on the naked back, not exceeding ten stripes, nor less than five." Ko person was allowed to " drive a team, or droves of any kind, or travel on said day," except on business relating to " the present * By an act of the General Assembly passed on the 21st of October, 1782, this act was amended, and none but licensed tavern-keepers, and persons especially licensed by the justices and selectmen, in each town, were permitted " to sell any distilled liquor or wine, in any less quantity than fifteen gallons, delivered and carried away at one time, on penalty of forfeiting the sum of £10." See ante, pp. 189, 190. ■j- Acts and Laws of Vt., 1779, pp. 44, 77, 89-92. Slade's Vt. State Papers, pp. 331, 3.59, 370-373. 580 HISTORY OF EASTERN VERMONT. [1779. war," or unless ''by some adversity*' he had been belated, " and forced to lodge in the woods, wilderness, or highways the night before." In the latter case he was allowed to proceed on Sunday no further than to " the next inn or place of shelter." 'No person was allowed to be accompanied by an attendant on Sunday, while going to or returning from " the public wor- ship of God," unless necessity or mercy required it. Listening " outside of the meeting-house during the time of public wor^' ship ;" unnecessarily withdrawing one's self from " the public worship to go without doors ;" and desecration of the time " by playing or profanely talking" were also strictly forbidden. The old New England custom, according to which Sunday was regarded as beginning at sunset on Saturday, not only obtained in Vermont but was in a measure defended by law. " If any number of persons," these were the words of the statute, " shaR convene and meet together in company or companies, in the street or elsewhere, on the evening next before or after the Lord's day, and be thereof convicted, [they] shall pay a fine not exceeding £3, or sit in the stocks not exceeding two hours." To this section a proviso was attached declaring that it was not to be " taken or construed to hinder the meetings of such per- sons upon any religious occasions." Tlie officers of each town were required to " restrain all persons from unnecessary walk- ing in the streets or fields, swimming in the water, keeping open their shops, or following their secular occasions or recrea- tions in the evening preceding the Lord's day, or on said day, or evening following." A wholesome dread of disobeying any of the regulations enjoined by this act was inculcated by the denunciation of penalties of various kinds against Sabbath - breakers.* For facilitating the infliction of punishment, every town was ordered to " make and maintain at its own charge, a good pair of stocks, with a lock and key, sufiicient to hold and secure such ofi'enders as shall be sentenced to sit therein ; which stocks shall be set in the most public place in each respective town." In accordance with the principles of philanthropy and Christian charity, measures were taken for "maintaining and supporting the poor," and many laws having for their object the welfare and improvement of society were enacted. * Acts and Laws of Vt., 1779, pp. 26, 27. Blade's Vt. State Papers, pp. 313- 315. 1779.] MILITIA LAWS. 581 All male persons between the ages of sixteen and fifty were required to " bear arms, and duly attend all musters and mili- tary exercises" of the companies to which they belonged, with the exception of " ministers of the gospel ; councillors ; justices of the peace ; the secretary [of state] ; judges of probate and of superior and inferior courts ; the president, tutors, and stu- dents at collegiate schools ; masters of arts ; allowed physicians and surgeons ; representatives or deputies for the time being ; school-masters ; attornies-at-law ; one miller to each grist-mill ; sheriifs and constables for the time being; constant jurymen; tanners, who make it theii' constant business ; and lamed per- sons or others disabled in body." Each soldier and house- holder was required to be always provided with, and to have in constant readiness, " a well fixed firelock, the barrel not less than three feet and a half long, or other good fire-arms, to the satisfaction of the commissioned officers of the company to which he doth belong, or in the limits of wdiicli he dwells ; a good sword, cutlass, tomahawk, or bayonet ; a Avorm and prim- ing-wire fit for each gun ; a cartouch-box or powder-horn, and bullet-pouch ; one pound of good powder ; four pounds of bul- lets fit for his gun ; and six good flints." Full details of the rules by which the militia of the state were to be guided were also set forth, and provision was made for the varied difficulties which might arise in the construction of a military organization. For the purpose of insuring a proper presentation of the principles of law and justice, and in order to prevent ignorant and unscrupulous men from practising in the courts, every person approved of as an attorney-at-law was required, before being admitted to the bar, to take the following oath : — " You swear by the ever-living God, that you will do no falsehood, nor consent to any to be done in the court ; and if you know of any to be done, you shall give knowledge thereof to the judges or justices of the court, or some of them, that it may be re- formed. You shall not, wittingly, and willingly, or knowingly promote, sue, or procure to be sued, any false or unlawful suit, nor give aid or consent to the same. You shall demean your- self in the office of an attorney within the court, according to the best of your learning and discretion, and with all good fidelity, as well to the court as to the client. So help you God, »* * Acts and Laws of Vt., 1779, pp. 18-24, 43, 78, 97, 98. Slade's Vt. State Pa- pers, pp. 305-312, 330, 331, 359, 360, 378, 379. 682 HISTORY OF EASTERN VERMONT. [1779 — 17S9. The statutes enacted in February, 1779, some of the most remarkable of which have been cited, served as the basis of the system of law which for many years obtained in Yermont. At the session of the General Assembly, held iu June, 1782, the common and statute laws of England, so far as they were applicable to a republican form of government, and were " not repugnant to the constitution, or to any act of the Legislature " of Yermont, were adopted as the laws of the state. Corporal punishment, though at first much employed as a means of refor- mation, gradually fell into disuse, as moral suasion usurped the place of brute force, and finally ceased to be recognized as a lawful penalty.* Instances of the infliction of this and of other degrading punishments are often met with in the records of Yermont trials. At the session of the Superior court, held at Windsor, in February, 1784, Abraham Taylor, who pleaded guilty to the commission of a crime too indecent to name, received this sen- tence : — " That he be taken by the sheriff to the whipping-post, and be w^hipped on the naked body thirty -nine stripes ; sit in the pillory half an hour on two different days, viz. half an hour on each day ; be imprisoned one month ; pay a fine of £20 and cost of prosecution ; and stand committed tUl judgment be complied with," Martha Mansfield having been adjudged guilty of a certain offence, at the session of the Superior court, held at Marlborough on the fifth Tuesday of August, 1786, was sentenced to be taken to the pubhc whipping-post in that town ; whipped twenty stripes on the naked body ; pay the costs of prosecution ; and be imprisoned until judgment was complied with. At the same time Mary Hazeltine and Timothy Hol- brook were sentenced to receive twenty-five strij)es each, and Thomas Walker thirty stripes. On the first Tuesday of March, 1789, a session of the Superior court was held at Newfane. On this occasion the guilt of Ezra Whitney in some transaction having been proved, he was sentenced " to stand in the pillory one hour, between the hours of twelve and two, at Newfane in the county of Windham, on the 9th day of instant March, in a pubhc place near the Court-house ; pay a fine of £30 to the treasury of the state ; and pay costs of prosecution, taxed at * The efiforts of the first Council of Censors, at their meetings held during the years 1785 and 1786, were very beneficial in rendering the character of the punishment for minor offences less brutal, and in introducing a more humane spirit into the criminal code of the state. 1779 1789.] A STRANGE BUEIAL. 583 £10 135. 8^." The trial of Eeuben Row, alias Miinroe, by the Supreme coiu't, at their session held at Newfane on the 4th of September, 1789, on the charge " of passing to John Holbrook Jr. one piece of false money, made of certain mixed and base metals, counterfeited to the hkeness and similitude of a piece of good, lawful, and current coin of this state, called a dollar," resulted in his conviction. The sentence of the court was car- ried into execution by Samuel Fletcher, the sheriff, who admi- nistered to the culprit " twenty stripes on his naked back, well laid on, at the common whipping-post in said Newfane, between the hours of two and four in the afternoon" of the day on which the judgment was rendered. It further appears, by the records of the court, that on the morning of the same day, " Eow alia^ Munroe " was punished by being compelled to stand " in the common pillory " of Windham county " for the space of one hour."* In a country or state where no very definite ideas either of law or of the principles of right are held by the people, customs sometimes prevail, which, though strange and unnatural, are often observed with the most scrupulous care. Of those which obtained among the early settlers of Vermont, springing from a perversion of legal maxims, two examples have been preserved. On the 16th of June, 1785, the General Assembly of Vermont passed an act discharging from imprisonment, on certain condi- tions, Thomas Chandler of Chester, one of the early settlers on the ISlew Hampshire Grants. On the 20th of the same month, before he was enabled to comply with the terms of the act, Chandler died in the jail at Westminster, where, during seve- ral months, he had been confined for debt. According to the ideas of that period, if the friends of a person dying in prison carried his remains beyond the boundaries of the jail-yard they were regarded as accomplices in an " escape," and were sup- posed to be liable to satisfy the judgment by virtue of which he was confined. Another foolish notion led people to ima- gine, that any one who should bury the body of an imprisoned debtor would thereby become executor in his own wrong, and, as an intermeddler with the estate of the debtor, liable to dis- charge the debtor's obligations. How to give Christian burial to the remains of Judge Chandler, and yet avoid the responsi bility of answering for his defaults, was a serious question. * MS. Court Records. Slade's Vt. State Papers, p. 450. 584 HISTORY OF EASTERN VERMONT. [17 79. Foe several days tlie corpse remained in the cell of the jail, shunned by those whose common sense, one would suppose, should have taught them the folly of a custom which forbade them to perform an act of humanity as imperative and solemn as is that of inhumation. At length, when the body had be- come so offensive as to endanger the health of the prisoners confined in the jail, Nathan Fisk, the jailer, suggested an expe- dient which was quickly put in practice. On measuring the jail liberties, he found, that by stretching the chain, he could include within them a small portion of the adjoining burying- ground, A grave was then commenced just outside the grave- yard fence, and just within the jail-yard limits. As the exca- vation advanced, it was directed obliquely under the fence, until a sufiicient depth and obliquity had been obtained. Tliese preparations having been completed, the jailer in company with a few individuals entered, in the silence of midnight, the cell where the putrescent mass was lying, placed it in a rough, box-like cofiin, drew it on the ground to the spot selected for in- terment, and consigned to its last resting-place all that remained of the once noted Chandler. Thus was he buried within the jail limits, and yet, by a very pardonable evasion of law, beneath the consecrated soil of " the old Westminster churchyard."* By another strange perversion of legal principles, at this * This story is related, in a different form, by the Hon. Daniel P. Thompson, in that most entertaining American historical novel, entitled " The Rangers ; or, Tlie Tory's Daughter," i. 99. Tlie author of this work has often heard the circumstances connected with the burial of Judge Chandler detailed by the old people who reside in the vicinity of the place where the event occurred. An account of the incident was pub- lished on the 9th of February, 1855, in the Vermont Republican, a newspaper printed at Brattleborough. The article in which it appeared, entitled " More about Westminster," was first printed in another Vermont newspaper, the Ver- gennes Independent. The writer of the article illustrated the superstitious views of the early settlers of Vermont by a more singular but less credible story, which is here given in his own words : — " There once obtained a custom, whether warranted by law tliis deponent saith not of holding even the dead body of a debtor liable to arrest. It is said that a case occurred in the town of Dummerston, within the memory of some now living, where a dead body was arrested on its waj" to the grave, and detained till some of the friends 'backed the writ,' and thus became surety for the debtor's appearance at court. As the return day of the writ was some time off, the defendant was in no condition to appear, and consequently ' lurched his bail.' I must confess this sounds rather apocryphal. The case of poor Sheridan, who was arrested while in the agonies of death, is familiar to every literary man, but the arrest of a corpse seems too monstrous to be be- lieved. Such an event, if it has occurred, would well deserve to be called an arrest on mean (mesne) process." 1Y25 — 1800.] A CUEI0U8 wedding. 685 early period, certain people were led to believe, that whoever should marry a widow, who was administratrix upon the estate of her deceased husband, and should through her come in pos- session of anything that had been purchased by the deceased husband, would become administrator in his own wrong, and render himself liable to answer for the goods and estate of his predecessor. The method adopted to avoid this difficulty, in the marriage of Asa Averill of Westminster to his second wife, the widow of Major Peter Lovejoy, was very singular. By the side of the chimney in the widow's house was a recess of considerable size. Across this a blanket was stretched in such a manner as to form a small inclosure. Into this Mrs. Lovejoy passed with her attendants, who completely disrobed her, and threw her clothes into the room. She then thrust her hand through a small aperture purposely made in the blanket. The proffered member was clasped by Mr. Averill, and in tliis position he was married to the nude widow on the other side of the woollen curtain. He then produced a complete assort- ment of wedding attire which was slipped into the recess. The new Mrs. Averill soon after appeared in full dress, ready to receive the congratulations of the company, and join in their hearty rustic festivities. The marriage proved a happy one, their children by their former partners Hving in great har- mony, not only with each other but with those also who were afterwards born to the new pair.* Of the aboriginal inliabitants of that part of Yermont which borders the banks of the Connecticut, very little is known. The Iroquois Indians, whose hunting-ground comprehended the whole of the western portion of the state, seldom extended their wanderings across the mountains, and have left but few vestiges of their presence, even in the places which were most frequented by them. The country in the neighborhood of Lu- nenburgh and Newbury, and on the side of the river opposite to the latter place, was called by the Indians, " Coos," which word, in the Abenaqui language, is said to signify " The Pines." At these localities, and at other points on the upper Connecticut, formerly resided a branch of the Abenaqui tribe. On the 8th of May, 1725, occurred a memorable fight at the lower village of Pigwacket, New Hampshire, which resulted * MS. Letter of the Hon. William C. Bradley, dated March 16th, 1857 586 HISTORY OF EASTERN VERMONT. [1725 1800. in the defeat, by Capt. Jolm Lovewell and thirty-four men, of a large Indian force, commanded by the chiefs Paugus and Wahwa. After this event the " Coossucks," as the Indians were called who inhabited the Coos country, deserted their abodes, and removing to Canada became identified there with the tribe at St. Francis. Subsequent to the reduction of Ca- nada by the English, in 1760, several Indian families returned to Coos, and remained there until they became extinct.* The extent of the Indian settlements at Newbury has never been fully ascertained. The character of the country was such as would naturally suit the taste of those who depended upon hunting and fishing for support, for the woods were filled with bears, moose, deer, and game, while the Connecticut abounded in salmon, and the brooks were alive with trout. Of the evi- dences of savage life which have been found in this vicinity, the following account by a citizenf of Newbury may be relied on as correct. " On the high ground, east of the mouth of Cow Meadow brook, and south of the three large projecting rocks, were found many indications of an old and extensive Indian settlement. There were many domestic implements. Among the rest were a stone mortar and pestle. The pestle I have seen. Heads of arrows, large quantities of ashes, and the ground burnt over to a great extent, are some of the marks of a long residence there. The burnt ground and ashes were still visible the last time the place was ploughed. On the meadow, forty or fifty rods below, near the rocks in the river, was evi- dently a burying-ground. The remains of many of the sons of the forest are there deposited. Bones have frequently been turned up by the plough. That they were buried in the sitting posture, peculiar to the Indians, has been ascertained. When the first settlers came here, the remains of a fort were still visi- ble on the Ox Bow, a dozen or twenty rods from the east end of Moses Johnson's lower garden, on the south side of the lane. The size of the fort was plain to be seen. Trees about as large as a man's thigh, were growing in the circumference of the old * An account of a few of the Indians who inhabited the Coos country, during the latter part of the last and the earlier portion of the present century, is given in the " Historical Sketches of the Coos country" by the Rev. Grant Powers, pp. 178-189. Consult also Thompson's Vermont, Part II.. pp. 205, 206. j- David Johnson, Esq., a son of the worthy Col. Thomas Johnson, whose name has already appeared in these pages. The extract given in the text is taken from Powers's Coos Country, pp. 39, 40. 1T25— 1800.] INDIAN SCULPTDRES. 587 fort. A profusion of M'hite flint-stones and heads of arrows may yet be seen scattered over the ground."* The j)icture writing of the Indians, which is to be seen in two localities in Eastern Yermont, aflbrds satisfactory evidence of the fact, that certain tribes were accustomed to frequent the Connecticut and the streams connected with it, even though they were not actual residents of the pleasant banks within which those waters are confined. At the foot of Bellows Falls, and on the west side of the channel of the Connecticut, are situated two rocks, on -which are inscribed figures, the meaning of which it is diflicult to determine. The lar- ger rock presents a group of variously or- namented heads. The surface which these heads occupy is about six feet in height and fifteen feet in breadth. Prominent among the rest is the figure occu- pying nearly a central position in the group. From its head, which is supported by a neck and shoulders, six rays or feathers extend, which may be regarded as emblems of excellence or power. Four of the other heads are adorned each with a pair of similar projections. On a separate rock, situated a short dis- tance from the main group, a single head is sculptured, which is finished with rays or feathers, and was pro- bably intended to de- signate an Indian chief. Tlie length of the head, exclusive of Indian Sculpturee. Indian Bcnipture. the rays, is fourteen inches, and its breadth across the forehead in its widest part is ten inches. These sculpturings seem to have been intended to commemo- rate some event in which a chief and a number of his This account was published in the year 1840. 588 HISTORY OF EASTKKN VERMONT. [1723 1800. tribe performed some noted exploit, or met with some sad disaster. The former supposition is midoubtedlj the more cor- rect. It is well known that the Indians were usually careful to conceal the traces of their misfortunes, and eager to publish the evidence of their successes. The rocks are situated about eight rods south of the bridge for common travel, across the Falls. That on which the group is pictured is, during much of the time, under water. The other, which is further from the river, is not so much affected by the wash of the stream. Whenever a freshet occurs, both are covered. An idea of the locali- ty of these sculp- turings may be obtained from the accompanying engraving. The view presented is from a point be- tween the two not- ed rocks, which are respectively designated by the letters A and B. A train on the Sullivan Railroad is seen passing up on the other side of the river. In the back-ground rise the mountains of New Hampshire.* On the south bank of the Wantastiquet or West river, in the Locality of the Sculptures. * In his "Travels through the Northern Parts of the United States, in the Years 1807 and 1808," Edward Augustus Kendall, Esq., referred to the sculptures at Bellows Falls, and endeavored by them to prove that the characters on the rock at Dighton, Massachusetts (or " the Writing Rock on Taunton River," as he designated it), were inscribed by the Indians. A few extracts from his work will show the pompous style in which he treated the subject. After describing Bel- lows Falls, then often called the Great Falls, he pi'oceeded to his argument, in these words : — " The entire basin of the cataract is of coarse granite, fractured into large masses. On the smooth and inclined face of one of these masses, situate on the south side of the bridge, and on the west side of the river, are the sculptures. These have a comparative insignificance when placed beside the Writing Rock on Taunton 1Y23— 1800.] " INDIAN KOCK." 689 town of Brattleborongh, is situated the " Indian Eock." Its location is about one hundred rods west of the point of junction of the Wantastiquet and Connecticut rivers. It lies low, and River. They consist in outlines of a variety of heads, some of -which are human, and some belonging to animals. Unlike the sculptures of the Writing Rock, they are parts of no connected work, but are scattered over the face of the rock, in the most even and eligible places. " It is to these sculptures, then, that I appeal, as to conclusive evidence of the Indian origin of the Writing Rock. They are too rude, too insignificant, and too evidently without depth of meaning to be attributed to Phoenicians or Cartha- ginians. No person will carry European vanity so far as to contend that there is anytliing here above the level of the Indian genius. But, if Indians were the authoi's of these sculptures, then Indians were the authors of the Writing Rock also. The style of the drawing is the same ; the style of sculpture is the same ; and it is for this reason that I add nothing now, to what I have already ad- vanced, in regard to these particulars. All that requires any special notice is this, that the rock at the Great Falls, which is of an exceedingly coarse granite, must have been wrought with still more difficulty than the rock on Taunton River These sculptures, so obviously the work of idle hours, and for the accomplishment of which the rudest artist, once provided with a tool, must be allowed to be competent, supply tis with the fact, that the Indians were able to sculpture rocks, and that when they did sculpture them, the sculpture resembled the sculpture of the Writing Rock. " In more than one of the heads sculptured at the Great Falls, we see an exact similitude to the heads sculptured on the Writing Rock, and particularly in the circumstances, that a single dot or hollow is made to serve both for nose and mouth ; that no ears are given to the human heads ; and that the crowns of the heads are bare Thus, we ascertain that in the sculptures observed upon the Writing Rock, there is the strictest similitude, in workmanship and drawing, to those observed upon the rocks at the Great Falls Thus, all questions are answered, except those that regard the nature of the tool by the edge of which the rocks have been wrought upon, and the occasions upon which the figures have been wrought. " With respect to the nature of the tool, every difficulty would be dismissed by supposing that the sculptures were not wrought till after the introduction of iron by the Europeans : but, there appears to be good reason for thinking them more ancient, and we shall, therefore, in all probability, be compelled to believe, that the tool was of no better material than stone. " One only question remains, upon which I shall venture to hazard any remark, and this respects the occasions upon which rocks have been sculptured by the Indians. " In the first place, it is matter of notoriety that the Indians have always pur- sued the practice of representing, by delineation, carving, and, as we are now entitled to add, by sculpture, those objects and those events concerning which they either wished to make some instant communication, or to preserve some durable monument In the second place, there can be little reason to doubt, that they sometimes exercised their skill, in all the arts now mentioned, for the mere purposes of pastime ; and, in this view, it appears unnecessary to admit the doctrine, advanced by some persons in the neighborhood of the Great Falls, in regard to the sculptures there displnyed, namely, that the heads wrought upon the rocks are the heads of men, women, children, and animals that have 590 HISTORY OF EASTERN VERMONT, [1723 — 1800. Indian Eock." during a part of the year is covered with water, or with sand and dirt, the deposit of the river. On first examining this rock, the fig- \ ures on the np- ^^"^"^"^^ per part of it were alone visi- ble. Just be- low them, the rock was cover- ed with earth to the depth of six inches. The earth was re- moved, until a surface measur- ing ten feet in width, and eight feet in height, was exposed. At the point where the workmen ceased digging, the rock was covered with three feet of earth. The whole surface of the rock, was, upon closer scrutiny, found to be covered with inscriptions. Among these the date 1755 was to be distinguislied. The two figures in the upper corner of the engraving, and on a line with one another, are each about eight inches in height, and six inches across, measuring from the extremities of the lateral append- ages. Of the ten figures here presented, six are supposed to designate birds, two bear a resemblance to snakes, one is not unhke a dog or a wolf, and one conveys no idea either of bird, beast, or reptile. Tlie chiselling of these sculptures is deeper and more easily traced than that of the sculptures at Bellows been drowned in the cataract — the Indians being used to commemorate by sculp- tures particular catastrophes of this kind. We may object to this, first, that there is no reason to believe in the occurrence of so many fatal accidents at this spot, as the number of heads must in such case attest ; secondly, that the sculptures on these rocks are disposed with no solemnity or order, but are scattered in the most careless manner ; and, thirdly, that it is highly probable that they were the work of idle hours spent among these rocks, at a place so favourable for fishing as the foot of a cataract, and therefore so much a place of resort. " In this view, the sculptured rocks at the Great Falls will be a monument only of this, the ancient existence of a neighbouring population, and the ancient fiA eries pursued here; while the Writing Rock, also found in a situation favouraVile for fishing, will be regarded, from the variety which it contains, and the appa- rent combinations and relations of parts which it betrays, as an elaborate monu- ment of some transaction of which no other trace remains to elucidate this imper- fect iconography."— iii. 206, 206, 207, 209-213. 1723 1800.] PROBABLE 0EIG12f OF THE SCULPTURES. 591 Falls. Iconographic skill may detect the meaning of these configurations. The impression, which one unused to the study of hieroglypliics receives from an examination of them, is that they are the work of the Indians, and that they were carved by them merely for amusement, while watching at this sjpot for game, or while resting after the toils of the chase.* Such are the most important memorials of the Indians which * " On "West River, a little above its mouth, are a few Indian sculptures, the last that I shall have to introduce to the reader's notice. ' A number of figures or inscriptions are yet to be seen upon the rocks at the mouth of this river, seem- ing to allude to the affairs of war among the Indians ; but their rudeness and awkwardness denote that the formers of them were at a great remove from the knowledge of any alphabet.' By this account, written by a native topographer, and derived from a History of Vermont, my curiosity was long raised ; but, iipon visiting the rock intended to be referred to, I found only the most insignificant of all the Indian sculptures that I had met with. The historian. Dr. Williams, with whom I had afterwards the pleasure of conversing, and whose book disco- vers a spirit of inquiry, and contains many original views, informed me, that as to the sculptures on West River, he had rashly relied on the observations of other eyes than his own. " These sculptures comprise only five figures of a diminutive size, and scratched, rather than sculptured, on the surface of a small mass of schistic rock, situate on the side of a cove in a meadow, above the mouth of the river. Of the five figures four represent birds, and one is either that of a dog or of a wolf. I was informed that on a lower part of the rock adjacent, there was a sculptured snake, so exqui- sitely wrought as to have terrified, by its resemblance to nature, an honest coun- tryman of the neighbourhood. The water, however, was at this time low, and neither myself, nor the gentleman who did me the favour to accompany me, was able to discover any snake ; and, on closer inquiry, no sort of foimdation could be found even for the story itself. " The West River rock affords us, therefore, nothing, or next to nothing, in any view save one ; and this is, the example of a disposition in the Indians to sculp- ture rocks, and to sculpture them even for amusement. The cove, which, it may be believed, was anciently overrun with wild rice (zizania aquatica), has always been a celebrated resort of wild ducks. It is at this day a favourite place for shooting them ; and we may believe that the Indians were accustomed to spend many hours here watching either for water-fowl or for fish. Hence, the sculp- tures, both at the Great Falls and on West River, are to be attributed to the whim of vacant moments." — Kendall's Travels, iii. 219, 220, 221. In the work from which the above extracts are taken, Mr. Kendall gives a very particular description of certain figures, said to be cut by the Indians on the trunk of a pine tree in Weathersfield. These carvings, according to Mr. Kendall were designed to commemorate the birth of a child, whose mother was taken prisoner at the burning of Deerfield in the year 1704. The foundation of this incorrect statement is, doubtless, the stones still standing on the north bank of Knapp's brook, in the town of Reading, which were erected to commemorate the birth of Captive Johnson, which event took place on the 31st of August, 1754. All inquiries concerning this monumental tree have proved fruitless. The oldest inhabitants of Weathersfield have never known of its existence. It is probable, therefore, that Mr. Kendall's accurate description of the appearance and form of 592 HISTORY OF EASTERN VERMONT. [1723 ISOO. are to be found in Eastern Vermont. Regarded as siJecimens of tlie rude and uncultivated attempts of a now decaying race to express their ideas, however unimportant those ideas may have been, they cannot but be viewed with mingled emotions of curiosity and respect. the carvings with which he has adorned it, was due either to an imposition prac- tised upon him, or to his fondness for mythical conceptions. — Kendall's Travels, iii 207-210, 212. Also ante, pp. 65, 66. BIOGEAPHICAL CHAPTER STEPHEN EOW BRADLEY, The brothers Bradley, six or seven in number, came to this country from En.ccland about the year 1G50, having j^reyiously served amona Crounveirs Ircusides, in which corps William 694 HISTORY OF EASTERN VERMONT. Bradley, the first settler of Xortli Haven, Connecticut, and one of tlie brothers, was an ofiicer."'* Stephen Bradley, another of the brothers, became a resident of Xew Haven, where he labored at his calling, which was that of a silversmith. On the beha- vior of the Protector's troops when disbanded, Macaulay has passed the highest encomium. " Fifty thousand men, accustomed to the profession of arms, were at once thrown on the world : and experience seemed to warrant the belief that this change would produce much misery and crime, that the discharged veterans would be seen begging in every street, or that they would be driven by hunger to pillage. But no such result fol- lowed. In a few months there remained not a trace indicating that the most formidable army in the world had just been absorbed into the mass of the community. The loyalists them- selves confessed that, in every department of honest industry, the discarded warriors prospered beyond other men, that none was charged with any theft or robbery, that none was heard to ask an alms, and that, if a baker, a mason, or a waggoner attract- ed notice by his diligence and sobriety, he was in all probability one of Oliver's old soldiers." Wholly consonant with this de- scription of the scarred and war-worn veterans of the Protectorate was the conduct of the Bradleys. Moses Bradley of Cheshire, Connecticut, the second son of Stephen, married Mary Row, only daughter and heiress of Daniel Row of Mount Carmel, now Hamden. Their son, Stephen Row Bradley ,f the subject of this notice, was born in that part of "VYallingford which is now comprised in the toM-n of Cheshire, on the 20tli of February, 1T54. Having entered Yale College, he was graduated at that institution a Bachelor of Arts on the 25th of July, 1775. Three years later, on the 9th of September, 1778, he received from his Alma Mater the degree of M. A. Of his early tastes, some idea may be formed from the fact, that, while a stndent in college, he prepared an almanac for the year 1775, an edition of which, numbering two * " The first settler in North Haven appears to have been William Bradley, ^vho had been an officer in Cromwell's army. He lived here soon after the year 1650, on the land belonging to Governor Eaton, who owned a large tract on the west side of the [Wallingford or Quinnipiac] river." — Barber's Conn. Hist. Coll., p. 2-11. ■(• Whenever Mr. Bradley wrote his name at full length, which was but seldom, he, until past middle life, put it down "Stephen Row Bradley." It was so spelt in the record of his baptism in Wallingford, and also on the title-page of an alma- nac which he published in 1775. " Rowe " and "Roe" are the other forms in which the middle name sometimes appears. STEPHEN KOW BRADLEY. 595 tliousand copies, was published by Ebenezer Watson of Hartford, printer, on the 1st of November, 1774. Soon after graduating he entered the American service, and as early as the ith of January, 1776, was captain of a company called the " Cheshire Volunteers." During that month he was ordered to march his men to New York, and his pay rolls, which were presented to Congress on the 26th of June, 1776, show that he and his company were employed in the continental ser- vice from January 25th to February 25th of that year. It would appear that he soon after relinquished the captaincy of this company. On the 17th of December, 17Y6, with the rank of adjutant, he was appointed to the stations of vendue master and quarter master. He afterwards served as aid-de-camp to General David Wooster, and was engaged in that capacity when that noble officer fell mortally wounded on the 27th of April, 1777, during the attack on Danbury. In 1778 Bradley was employed as a commissary, and during the summer of 1779 served as a major at New Haven. The time which he could spare from military avocations was occupied in more peaceful pursuits. It appears from a letter written by Kichard Sill, dated January 27th, 1778, that Bradley was at that time teach- ing a school at Cheshire. His law studies, in the meantime, were directed by Tapping Reeve, afterwards the founder of the Litchfield law school. The precise date of his removal to Ver- mont is not known. It is probable that even after his removal he not unfrequeutly visited Connecticut, until he resigned his place in the militia of that state. His first appearance in public, in Vermont, was at an ad- journed session of the Superior court, held at Westminster on the 26th of May, 1779. On this occasion he was commissioned as an attorney-at-law, and received a license to plead at the bar within that " independent " state. At the same time he was appoint- ed clerk of the court. His knowledge of the law and the ability which he displayed in the practice of his profession, raised him at onde to a high position in the estimation of the community. On the 16th of June, 1780, he was made state's attorney for the county of Cumberland. At this period the controversy respect- ing the title of the New Hampshire Grants was attracting the attention, not only of the states which laid claim to that district, but of Congress. " Having popular manners, and a keen in- sight into society, he became a prominent political leader, and exercised a large influence in laying the foundation of the state 596 mSTORT OF eastern VERMONT. of Vermont, then the Texas of this country. Ethan Allen, Ira Allen, Seth "Warner, and Thomas Chittenden, all from Connec- ticut, being the Austins and Houstons of its early history." On the 24th of September, 1779, Congress, by an act, resolved to adjudicate upon the claims of Massachusetts Bay, New Hamp- shire, and New York, on the 1st of February, 1780. To Mr. Bradley was assigned the task of presenting, for the considera- tion of Congress, the views held by Yermont on this important question. "With but little knowledge, at the time, of the extent of the subject, the young lawyer commenced his investigations, and in less than two months, had completed a faithful and well- written account of the state of the controversy. Tliis was read before the Council of Yermont, at Arlington, on the 10th of December, 1779, and, having been approved of by them, was ordered to be published. It appeared early in the year 1780, under the title of " Vermont's Appeal to the Candid and Impartial "World," and aided essentially in supjDorting the claims of Yermont to a separate and independent government. It was written with vigor, and did not want those flowers of rhetoric which adorn, and, not unfrequently, strengthen argu- ment. Few copies of this production are now extant, but among those pamphlets written at this period upon the contro- versy, " Vermont's Appeal" stands pre-eminent, not only on account of the force with which it is composed, but also by reason of the manner in which the topics of which it treats are presented. It was laid before Congress early in February, 1780, by its author, who had been previously selected to advo- cate the claims of Yermont at Philadelphia. Copies of the pubUcation were also presented to many of the members, but no opportunity was granted to Mr. Bradley to appear in person before a committee of Congress, in consequence of the post- ponement of the consideration of the controversy question. In the month of September following, Mr. Bradley again visited Philadelphia, as a commissioner in behalf of Yermont. At the end of two weeks, he and his colleague, Ira Allen, became con- vinced that Congress were determined to decide upon the con- troversy without considering Yermont as a party, and deemed it their duty to withdraw. Before leaving, they presented a remonstrance to Congress, dated the 22d of September, 1780, in which they set forth their views with reference to the course which had been adopted towards Yermont, and deprecated the APPOINTED TO VARIOUS OFFICES. 697 policy whicli would divide that state between New Hampshire and New York, or annex it to the latter. Owing to his thorough acquaintance with the views enter- tained by a majority of the peoj^le of Vermont, on the merits of the controversy question, the counsels of Mr. Bradley were highly esteemed and readily followed, on all occasions. An examination of his papers aifords conclusive evidence, that at this period, and for many years after, he was, in many respects, the ablest man in the state. Nor did his quahfications for mili- tary service escape the observation of the citizens of his adopted state. By commission, dated August 27th, 1781, he was ap- pointed a lieutenant in the first regiment of the Yermont militia, and on the 15th of October, in the same year, was raised to the rank of colonel. During the troubles which disturbed the peace of the southern part of Windham county. Colonel Brad- ley was indefatigable in his endeavors to restore order, and sel- dom failed to accomplish his purpose. The resignation of his colonelcy was accepted on the 2d of March, 1787, and for four years he does not appear to have engaged at all in military avocations. A curious letter, written to him by William Page, of Charlestown, New Hampshire, dated May 1st, 1789, is still preserved, in which some allusions are made to the measures which were adoj)ted to subdue the supporters of New York residing at Guilford, and in that neighborhood. " You doubt- less remember," the writer observed, " of once calling on me for a sword. You then was in pursuit of honor and cash. I think you desired to cut, slay, and destroy the Yorkers. Hav- ing accomplished all this, and having not only changed your manner and mode of attack, but your weapon also, you will please send to me the sword by the bearer, for, as all other weapons fail me, it is time to take the sword." The military- career of Colonel Bradley did not, liowever, end here, for he was appointed brigadier general of the eighth brigade of the militia of the state, by a commission dated January 26tli, 1791. Of the offices held by Mr. Bradley, the following list embraces a partial account. In 1782, he was a select man of Westmin- ster, and served as clerk of tliat town from October 6th, 1787, to October 9th, 1788. He was register of probate for Windham county from December, 1781, to March, 1791, and, on the 21st of February, 1783, was appointed a judge of the court of the county, in the place of Samuel Fletcher, who had refused to serve. From October, 1788, to October, 1789, he sat as a side- 598 HISTORY OF EASTERN VERMONT. judge in the Supreme court of the state, and was admitted to practice in the Circuit court of the United States on the 12th of May, 1793. He represented the town of Westminster in the Assembly of the state, at the sessions in 1780, 1781, 178-1, 1785, 1788, 1790, and 1800, and was elected speaker of the House at the session in 1785. He was a member of the state constitu- tional convention in 1791, and was elected to the Council in September, 1798. When, in the year 1789, it became evident that Vermont would soon be admitted into the Union as a sepa- rate state, commissioners were appointed on the 23d of October, for the purpose of ascertaining and establishing the line between ^ew York and Vermont. Of the number was Mr. Bradley. In addition to the civil and military appointments with which he was honored, he also received marks of esteem from Dart- mouth and Middlebury colleges. The honorary degrees of M.A. and LL.D. were conferred upon him by the former insti- tution. He was appointed a fellow of Middlebury college in the act incorporating that seminary of learning, passed on the 1st of November, 1800, and held that position until the time of his death. After the completion of the Federal Union by the admission of Vermont in 1791, Moses Robinson and Stephen R. Bradley were, on the 17th of October, in that year, chosen the first United States senators from that state. The former took his seat on the 31st of the same month ; the latter on the 7th of November following. On drawing lots for the purpose of de- termining to which of the three classes each belonged, Mr. Bradley drew first, and fell to " the class whose seats would be vacated at the expiration of four years from March, 1791." Mr. Robinson drew the longest term, and, of course, fell to the class whose seats were to be vacated in six years from March, 1791. Elijah Paine was chosen to succeed Mr. Bradley in 1795. At the expiration of Mr. Paine's term in 1801, he was elected for another six years, but having declined the position, Mr. Bradley was elected to fill the vacancy, which was a term of six years from the Irtli of March, 1801. During the greater part of the session of 1802-3, he filled with dignity the position of president, j9w tevirpore^ of the Senate. On the 4th of March, 1807, he commenced another term of six years as senator, and in 1808 was again elected temporary president of the distin- guished body to which he belonged. In politics, Mr, Bradley was a Republican of the school of HIS POLITICS. 599 Jefferson, from whom lie received many marks of personal esteem. Desirous of securing a democratic succession in the presidency of the United States, Mr. Bradley endeavored to consummate the nomination of Madison at the close of Jeffer- son's second term. For this purpose, he issued a call for a cau- cus, of which the following is a copy : — " Sir : " In pursuance of the powers vested in me, as president of the late convention of republican members of both houses of congress, I deem it expedient, for the purpose of nominating suitable and proper characters for president and vice-president of the United States at the next presidential election, to call a convention of said republican members, to meet at the senate- chamber on Saturday, the 23d inst., at six o'clock p.m., at which time and place your personal attendance is requested, to aid the meeting with your influence, information, and talents. " S. R. Bradley. " Dated at "Washington, " 19th January, 1808." This circular, so mandatory in style, was indignantly de- nounced by many, as a usurpation of power. A lai'ge portion of the members refused to attend, unwilling, as was remarked, " to countenance, by their presence, the midnight intrigties of any set of men who may arrogate to themselves the right (which belongs only to the people) of selecting proper persons to fill the important offices of president and vice-president." Tlie meeting was attended, however, by ninety-four members from both houses. Of this number, only one member was from the state of New York. Mr. Madison was nominated with apparent unanimity, though Mr. Monroe had been supported previous to the caucus by a strong party of men, among whom were some who were unfriendly to the policy of Jefferson. The war of 1812, which was, in the main, a democratic mea- sure, was not supported by all the members of that party. President Madison, it was supposed, was persuaded to engage in it, only in order to secure a second election. Randolph " openly and strenuously opposed it from the beginning to the end," and Mr. Bradley, who was at that time the ablest demo- cratic senator from New England, " earnestly counselled Madi- son against it." So dissatisfied did Mr. Bradley become with 600 HISTORY OF EASTERN VERMONT. the national policy of this period, that, on the 4:tli of March, 1813, at the close of his congressional labors, he withdrew alto- gether from public life, determined, since he was unable to prevent a needless war, not to continue in any position, where he would be subjected to the calumnies and odium of a majority from whom he dissented. In a previous chapter* may be found an account of a trial which took place at "Westminster, on the 27th of May, 17T9. On this occasion, Noah Smith filled the office of state's attorney, and Mr. Bradley acted as counsel for the defendants. Li the midst of the trial, Ethan Allen apj)eared in court, accoutred in military dress, as has been detailed in the account referred to. After Smith had finished his argument, in the course of which he had made several quotations from Blackstone's Commenta- ries, Allen, who thought that the state's attorney was manifest- ing too great leniency towards some of the prisoners, arose, and told the jury that, in the observations he was about to make, he should not deal in quibbles. Then, turning to Smith, he said : — " I would have the young gentleman to know, that with my logic and reasoning, from the eternal fitness of things, I can upset his blackstones, his whitestones, his gravestones, and his brimstones." Here he was interrupted by the chief-justice, Moses Eobinson, and was gravely informed that it was not allowable for him to appear in a civil court with his sword by his side. Upon this, Allen, nettled by the interruption, unslung his weapon, and bringing it down on the bar table with a force which made the house ring, exclaimed, " For fonns of government, let fools contest ; Whate'er is best administer'd, is best." Having delivered himself in this style, he was about to resume his remarks, when, observing that the judges were whispering together, he listened for a moment, and then cried out : — " I said that fools might contest for forms of government — not your Honours ! not your Honom-s ! " It is presumed that the apology was satisfactory, for Allen was permitted to finish his address, as previously narrated, after which the trial proceeded without further check. On retiring from pubhc life, Mr. Bradley returned to West- minster, where he resided until the year 1818. He then re- * See ante, pp. 342, 343. DESCRIPTIO:;^ OF lilS CHAEACTEE. 601 moved to the neigliLoring village of Walpole, New Hampsliire, " where he lived in ease, independence, and honour, until he took his willing, and not painful deparature, with the cheerful expression of a mind at peace with itself, with the world, and with heaven." His death occurred on the evening of Thurs- day, December 9th, 1830. In his "Descriptive Sketch" of Yermont, published in 1797, Dr. John Andrew Graham has referred to Mr. Bradley, as he then knew him, in these words : — " Mr. Bradley is a lawyer of distinguished abilities, and a good orator. He has held some of the most important offices of the state, and was late a senator in Congress. Few men have more companionable talents, a greater share of social cheerfulness, a more inexhaustible flow of wit, or a larger portion of unaffected urbanity." Tlie Hon. S. G. Goodrich, known the world over as " Peter Parley," who, in the year 1818, married the daughter of Mr. Bradley, has, in his late work entitled " Kecollections of a Lifetime," noted some of the prominent characteristics of the influential sena- tor. " He was distinguished for political sagacity, a ready wit, boundless stores of anecdote, a large acquaintance with man- kind, and an extensive range of historical knowledge. His conversation was exceedingly attractive, being always illus- trated by pertinent anecdotes and apt historical references. His developments of the interior machinery of parties, during the times of Washington, Jefferson, and Madison ; his portraitures of the political leaders of these interesting eras in our history — all freely communicated at a period when he had retired from the active arena of politics, and now looked back upon them with the feelings of a philosopher — were in the highest degree interesting and instructive." His son, the Hon. William C. Bradley, who was born on the 23d of March, 1782, still survives, at Westminster, in a green old age. He has filled many stations of honor in the service of his country, and while on the floor of Congress enjoyed, in a peculiar manner, the personal and political esteem of Henry Clay and other distinguished statesmen. The assistance which Mr. Bradley has on all occasions most cheerfully afforded, in the preparation of this work, has contributed materially to its correctness, and has enabled the author to present many facts which otherwise would have remained unrecorded.* * Macaulay's Hist. Eng., vol. i. chap. ii. Hollister'3 Hist. Conn., ii. 628. Bel- 602 HISTORY OF EASTERN VERMONT. PAUL BRIGHAM. During the revolution- y^^A ' ^ ^ aiy war, this gentleman y^/ /^^t^v^^sz-*^^ served as a captain, and C^ was stationed, a part of the time, at Coventry, Coimecticut. After his removal to Vermont, he attained to the rank of a major-general of militia. He was highly respected by all who knew him, and discharged the duties of the various othces which he was called to fill to the satisfaction of his con- stituents and with honor to himself. Bj" the citizens of Norwich, the town in which he resided, he was esteemed for those traits of character which mark the just man and the kind neighbor. He was an assistant justice of the court of Windsor county from 1783 to 1786, and from 1790 to 1795 ; and was chief justice of the same in 1801. He held the office of judge of probate in 1800; and was high sheriif of the county from 1787 to 1789. He represented the inhabitants of Norwich in the General As- sembly during the sessions of 1783, 1786, and 1791 ; was a member of the Council from 1792 to 1796 ; and sat in the state constitutional conventions of 1793, 1814, and 1822 as the dele- scate from Norwich. Ha vino; been elected lieutenant-srovernor uf the state in 1796, he was from that time annually returned to the same office, the years 1813 and 1814 excepted, until 1820, when, " admonished by the infirmities of age," he refused longer to be a candidate for that station. AVhile serving in this capa- city, the gubernatorial chair was occupied at different times by Thomas Chittenden, Isaac Tichenor, Israel Smith, and Jonas Galusha. From Dartmouth college he received the honorary degree of M.A., in 1806. His death occurred at Norwich on the 15tli of July, 1824, in the 79th year of his age.* lows Falls Intelligencer, December 13th, 1S30. North Star, Danville, Vt, De- cember 28th, 1830. Triennial Catalogues of Yale, Dartmouth, and Middlebury colleges. Acts and Laws of Vt., 1800, pp. 36-40. Journals Am. Cong., ed. 1823, i. 388. Journals U. S. Senate, 1791, p. 25. Slade's Vt. State Papers, pp. 11-1, 116, 122-126. Kendall's Travels, i. 1Y7. Deming's Catalogue of Vt. Officers, passim. Graham's Descriptive Sketch of Vt., pp. 110, 111. Goodrich's Recollections of a Lifetime, i. 448, 440; ii. 99, 100. Young's American Statesman, pp. 341,342. Various MSS. Documents, Letters, etc. * Tho7Tipson's Vt., Part IlL, p. 130. Williams's Hist. Vt., ed. 2d., i. 91, 92. Triennial Catalogue of Dart. Col. Deming's Catalogue of Vt. Officera, 2}<'tssim. 603 CKEAN BRUSH. The subject of this notice was born in Dublin, Ireland, about the year 1725, and was educated to the profession of the law. While at home, he bore some military commission, as the stvle of dress indicated bj his portrait — which is still extant, and which was painted before he removed to this country — evinces. Of his military rank, except that he was familiarly called " Colo- nel," and of the time and occasion of his service, nothing is 604: HISTORY OF EASTERN VERMONT. known. At the age of thirty or thirty-one, he married a Miss Gushing, a resident of the city where he dwelt. By her he had one child, Elizaheth Martha, who was born probably in the year 1758. The mother did not long survive the birth of her daughter, and Mr. Brush being left a widower, placed the little infant in the care of some of his relatives, and came to America a short time previous to, or during, the year 1762. Having settled in New York city, he there married Margaret Montuzan, a widow lady, and by her former marriage the mother of a daughter named Frances.* He early obtained employment in the office of the secretary of the province of New York, and for several years held the post of assistant under the deputy secretary, Goldsbrow Banyar. In the year 1764, on the 27th of January, he received from Lieut.-Gov. Cadwallader Golden a license to practise as an attorney at law, " in all his Majesty's Gourts of Record," within the province. It is probable that his law part- ner was John Kelly, an Irishman of ability and standing. Mr. Brush removed to Westminster during the year 1771, and on the 25th of February, 1772, was appointed clerk of Gumberland county,t vice John Ghandler, removed. He was made surro- gate of the county on the 14th of the following April, and at the same time, he and two others received a commission to ad- minister oaths to all officers, both civil and military, within their jurisdiction.:}: On becoming a resident of "Westminster, Mr. Brush was feasted by the inhabitants from house to house. The display which he affected in his dress, contrasted strongly with the simple garb of the villagers, and for some time pomp and pa- * There is a tradition that Brush was not legally married to his second wife. The story goes, that she, in her maiden days, had been much admired by Brush, ■who had paid her his addresses, but without success. She married, in preference, a colonel in the British service, who was the father of her child Frances. He was killed in the old French war, or in some of the battles immediately subsequent to the year 1755. Tlie widow and the widower having met, they agreed to live together as husband and wife, and did so, but the connection was not lawfully established. Resort was had to this alliance in order that Mrs. Brush might be enabled to draw the pension due her as the widow of an officer, whicli right she forfeited in the event of a second marriage. f He resigned the clerkship on the 7th of March, 1774, and was succeeded by Samuel Gale, who married the daughter of Samuel Wells of Brattleborough. In the Connecticut Courant of April 10th, 1775, is the list of the members of the last Colonial Assembly of New York. The name of Brush is given with these re- marks : — " A native of Ireland, practising the law in Cumberland county, who sold the clerkship of the county to Judge Wells's son-in-law." \ This commission was renewed on the 18th of February, 1774. ELECTED ASSEMBLYMAN. 605 rade availed to conceal the defects of character. But as vul- garity of mind became apparent, and novelty of appearance ceased to attract attention, Mr. Brush found, in spite of his boasted attainments as a man of large information, and his pre- tensions to gentility, that his only friends were a few high- toned and arrogant loyalists. Notwithstanding the prevalence of such sentiments as these in the minds of the people of West- minster, Mr. Brush wielded an extensive political influence in the county, on account of his intimate connection with many of the principal government officers. The house in which he lived was situated north of the meeting-house, and was the only building in the town whose four sides faced the cardinal points. It was originally built for the Kev. Mr. Goodell, supposed to be the first minister of the town. It was subsequently owned by a citizen of Walpole, ITew Hampshire, who sold it to Mr. Brush. In later years it became the residence of Dr. Elkanah Day. One of the reasons which induced Mr. Brush to settle in this quiet village, was the opportunity which was thereby afforded him, to sell his lands, which were scattered throughout the northern parts of 'New York and the interior portions of the New HamjDshire Grants, and included many broad acres along the banks of the Connecticut, in the town and neighborhood of "Westminster. He also hoped to rise in political distinction, an end which he could not accomplish among the learned and aristocratic in the more southern towns of New York. His business, on account of his knowledge of legal forms, was mul- tifarious, and to assist him in it, he kept a clerk, Abraham Mills by name, who, as far as disagreeable traits of character were concerned, was a copy in miniature of his master. In answer to a petition signed by the inhabitants of Cumber- land county, permission was given them by the Governor and Council of New York, to elect two representatives to the Gene- ral Assembly of that province. The order confirming this per- mission was promulged on the 23d of December, 1772, and at an election subsequently held, Samuel Wells of Brattleborough and Crean Brush of Westminster were returned as representa- tives. On the 2d of February, 1773, they presented their cre- dentials to the General Assembly, and were admitted to seats " at the table" of legislation. Brush although in a great mea- sure devoid of principle, possessed many of the qualifications essential to the character of a successful partizan politician, and he soon became noted for his advocacy of all ministerial mea- 606 HISTORY OF EASTERN VERMONT. sures, and for his hatred of every attempt at reform. Fhiency of speech and a spirited style of oratory, enabled him to give expression to his opinions in a manner -which attracted atten- tion. By these means he obtained an influence, which he never failed to exert in behalf of his party. In the controversy be- tween New Hampshire and New York respecting the New Hampshire Grants, he evinced a deep interest, and was well prepared by knowledge obtained while in the office of the se- cretary of state to present the question in an accurate and reli- able form. In answer to a petition from Col. John Maunsell and others, "interested in lands to the westward of Connecticut river," praying that the General Assembly would adopt measures to prevent " the success of the solicitations and interposition of the government of New Hampshire, in prejudice of the ancient limits" of New York, the House on the 17th of February, 1Y73, having resolved itself into a " grand committee on griev- ances," declared that the eastern limits of the colony, both by the royal grants to the Duke of York and by the orders in privy council of July 20th, 1764, were the western banks of Connecticut river. For the purpose of presenting the subject in a tangible form, they appointed Col. Philip Schuyler, John De Noyellis, and Crean Brush a committee to draft a represen- tation of the rights of the colony of New York to the lands in question. This representation, when agreed to by the House, was to be transmitted to the agent of the colony, to enable him to maintain the claim at the court of Great Britain. On Satur- day, the 6th of March following, Mr. Brush gave in the report of the committee, which was adopted on Monday the 8th, and entered on the journals. It was entitled " A state of the right of the colony of New York, with respect to its eastern bound- ary on Connecticut river, so far as concerns the late encroach- ments under the government of New Hampshire." This document was subsequently printed in the form of a folio pamphlet, and, with others of a similar character, was placed in the hands of all the leading men engaged in the con- troversy. It was prepared mainly by the Hon. James Duane, and presented an able argument in support of the rights of New York. Although it liad been hoped that the reasons brought forward in the representation would have a tendency to restrain the people residing on the " Grants," who favored the jurisdiction of New Hampshire, from indulging in acts of BKUSu's INFLUENCE. 60Y violence against the settlers under New York, yet evils of this nature seemed rather to increase than diminish. On the 1st of February, 1774:, Benjamin Hough, a magistrate by appoint- ment from jS'ew York, presented a petition to the General As- sembly of the province, asking, in behalf of himself and others, to be protected from the " outrageous cruelty " of the " Ben- nington mob." The subject was considered in " the grand committee on grievances," and a report therefrom was pre- sented to the House on the 5th, by Mr. Brush, in behalf of the chairman, Mr. Clinton, recommending that body to request the Governor to issue his proclamation, offering a reward of £50 each for the apprehension of Ethan Allen and seven of his compatriots, and counselling the House to bring in a bill to suppress " riotous and disorderly proceedings." Mr. Brush and Colonel Ten Broeck were appointed to prepare the bill, and on the 9th the result of their labors M-as laid before the house, and was soon after passed into a law. The Governor's proclamation was issued on the 9tli of March, and a reward of £100 each was offered for the apprehension of Ethan Allen and Remember Baker, and of £50 each for the apprehension of six of the other ringleaders. The influence which Mr Brush possessed in the House was neither feeble nor unfrequently exercised. On the night of the 29th of December, 1773, the mansion of Governor Try on was destroyed by fire. This calamity was referred to by the Go- vernor, in his speech to the Assembly, on the 12th of Januaiy, 1771:. A few days later a motion was offered by Mr. Brush, in these words : " I move that the House do resolve, that there be allowed unto his Excellency the Governor, the sum of £5,000, as a token of the deep concern of this House for the damage he sustained by the late dreadful fire, towards a com- pensation, in some measure, of his great losses ; and as a pub- lic testimonial of that high respect and esteem they bear to his person and family." This proposition elicited much debate, and, though strenuously opposed, was passed by a majority of two, fourteen members voting for and twelve against it. Soon after these occurrences, the Governor made known his inten- tion of departing for England. The announcement was pub- lished to the house on the 8tli of March, and Messrs. AYilkins^ Jauncey, and Brush were appointed to draft an address to his Excellency, " expressing the high sense they entertain of the great and extensive benefit derived to the colony from the up- 608 HISTORY OF EASTERN VERMONT. rig'litness, justice, and impartiality of bis administration; the deep concern tliey feel on his departure ; their ardent desire of his speedy return ; their affectionate wishes for the welfare and happiness of his Excellency and his family ; and their firm reliance that he will represent to their most gracious Sove- reign, the unshaken loyalty of this his faithful colony, and their steady and zealous attachment to his sacred person and govern- ment." With true Ii'ish spirit, Mr. Brush in the address which he drew, embodied in the most fulsome language the ideas contained in the above resolution, and on the 20th of March the eulogistic document was placed in the hands of the man who afterwards became notorious, as the sacker of peaceful villages, and the murderer of unoffending women and helpless children. Bitterly opposed to every measure designed to introduce a more faithful administration of the government, Mr. Brush now directed his efforts to stem the torrent which was soon to break down the barriers of tyrannical oppression. On the 23d of February, 1775, he delivered a set-speech against the j^roposi- tion of Mr. Thomas, to elect delegates to the second Continen- tal Congress. Being charged "with using expressions Avhich threw indecent reflections both on the conduct of the gentle- men of the opposition and on the proceedings of the last Con- gress," Mr. Brush caused his speech to be printed and pub- Hshed, that the public might be able to form an opinion as to the justice of the charges. He was answered by Messrs. Clin- ton and Schuyler, who, with Colonel WoodhuU, were the lead- ing patriots in the house. The debate was significant of the spirit of the times, and served to show how widely at variance were the opinions of those who, as representatives of the peo- ple, were assembled to legislate for the welfare of the colony. On the same day, Mr. Brush presented the report of the com- mittee, who, in pursuance of Mr. De Lancey's motion, made on the 31st of January, had been appointed " to prepare a state of the grievances" of the colony. On the 9th of March, he was chosen, with Colonel Seaman and Mr. Gale, to prepare the draft of a memorial to the House of Lords. The report, which he presented on the 16th, as chairman of the committee, was subjected to many alterations and amendments. With the other memorials which had been prei)ared for the King and the Commons, it was adopted on the 25th. Tliese addresses were in every respect, " tame, ridiculous, and very loyal," but the House was ruled by a Tory majority, who strove in every RETIREMENT FROM LEGISLATIVE OFFICE. G09 way to adopt sncli measures, as would be most likely to ad- vance the interests of their own party, and it was by their votes that every vigorous effort of the minority was emascu- lated, and made to do service in behalf of oppression. Mr. Brush's name appears with prominence on one other occasion, in the records of the Colonial Assembly. As soon as the news of the " Westminster Massacre " reached New York, the messengers who had brought the information were examined, and their depositions were laid before Lieut.-Gov. Golden. His message, delivered on the 23d of March, recommended imme- diate action. The subject was brought up for consideration on the 30th. Ever ready to gain power by a bold act, Mr. Brush moved that the sum of £1,000 be " granted to his Majesty to be applied to enable the inhabitants of the county of Cumber- land to reinstate and maintain the due administration of justice in the said county, and for the suppression of riots therein." The motion prevailed in this form, and the treasurer of the colony was ordered to disburse the amount named, on warrants issued by the proper authorities. With the adjournment of the Assembly on the 3d of April, ended Mr. Brush's career as a legislator. His ability as an orator was acknowledged even by his foes, and his speeches were generally prepared with care and skill. As a writer, he is referred to in Trumbull's MacFin- gal, in the following verees : — " Had I the Poet's brazen lungs. As sound-board to his hundred tongues, I could not half the scribblers muster That swarmed round Rivington in cluster ; Assemblies, councilmen, forsooth ; Brush, Cooper, Wilkins, Chandler, Booth ; Yet aU their arguments and sap'ence You did not value at three half-pence."* During the summer which followed the commencement of hostilities in the colonies, Mr. Brush probably remained in the city of New York, working as best he might for the good of the King. In the fall he repaired to Boston, then occupied by the British, and offered his services to General Gage. These were accepted, and he was soon after engaged in an employment which gave him a temporary power, which he did not fail to * American Archives, Fourth Series, vol. i. cols. 12S8, 1290-1294, 1303, 130Y, 1316-1318, 1322. Journals Col. Ass. K Y. Doe. Hist. K Y., iv. 1025. Dun- lap's N. Y., L 450, 451. Trumbull's MacFingal, Boston ed.. 1799, canto i. p. 28. 89 ^ 610 HISTORY OF EASTERN VERMONT. exercise. General Gage, tliough lie favored the occupation of New York, " regarded the evacuation of Boston as a measure of too much danger, and difficulty, and importance," to be taken without the sanction of government. Having determined to winter his army in the latter place, he, in the last of September, 1775, " commenced preparations to quarter it in the houses of the inhabitants." " In consequence of this determination, it was necessary to remove the furniture from the buildings that would be required." This business was entrusted to Crean Brush, who was armed with a commission vesting him with authority to receive and protect such personal property as should be en- trusted to his care.* The issue of this commission was one of the last official acts of General Gage in Boston. Already had he received orders to repair to England. In obedience to these orders he sailed on the 10th of October, and on the same day General Howe suc- * The following is a copy of the commission referred to in the text : "By His Excellency The Honorable Thomas Gage, Captain-General and Gover- nor-in-Chief in and over His Majesty's Province of Massachusetts Bay, and Vice-Admiral of the same. General and Commander-in-Chief of all His Majes- ty's Forces in North America, «fec.,