:^ ^//r..^.m,;vv\7 ^w '-<■ ■^/5a3AiNii-3Wv ^OAUvaan^ * I s/ hi I Jdlivj-J^' "C(i;jiiYj-iU' •JJiJl'^Y-i>Ul-'* CALIFO% .^MEUNIVER5-//i ^^ 55 ■> C^ G Jf .'^^ < m 30 %1]DNV ]AINn-3Wv %. % -UNIVERi-/^ hi -n ^.7 i u- .iO'- ^J:^iiJNV-soi^^' -^.5 ,^OF-CALiF0/?^ ^OFCALII aOSANCElfj aNHIBRARYG^. ,^\\E!JMIVER5'/a .>;lOSANCElfj> ^HIBRARY^k^ >sV \ *m^f \\ riiaoNvsoi^ ^aaAiNnawv" ^(?AavHan-i^ ■^^Aavaan-^w- SlLIBRARYOc ^^^^l•LlBRARYQ^ ^ifOJWJJO'^ ^Oiimi^"^ Mm\ms//Y o ■ o ^ ■OFCAIIFO/?^ ^OFCAIIFO/?^ ^\^EUNIVER5"/A ^lOSANCElfj-^ o iJAavaaii-^'^ ^ Qc -^ ^ V 'fry O '^AaaAiNn]^^ ^^lllBRARYOc -s^^l-UBRARYQ/: '^(f/OJIlVOJO'^ ^^ "^ii/OJIlVJ-JO' riiaoNvsoi^'' "^AMAiNa-a^v ^., ;0FCA11F0% ^OFCALIFO/?^;, 'OAHvaaii-^ ^ 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 necessary to extend my own 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 afflicted. 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 bailiwck at the Green Mountains, 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 work, 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 im edited materials, from which the task would be com- paratively easy, to construct 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 diplomatic 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 Avhich, 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 which 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 Avhich 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 papers which are there preserved. The twenty-three PKEFACE. VU 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. Tiie 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 m 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, N. Y., July 30th, 1857. CONTENTS. CHAPTER I. First Settlements, 1 CHAPTER n. Conflicts with the Indians, .... ... 25 CHAPTER m. Frontier Life, 53 CHAPTER IV. The French War. Town Settlements, .... 81 CHAPTER V. First Settlements, 104 CHAPTER YI. 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 First Years 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 Mihtary 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. Tlie Admission of Vermont into the Union, CHAPTER XXI. Early Laws of Vermont. Indian Inscriptions, . PAGZ 242 281 308 332 36^ 400 427 456 485 514 541 566 BIOGRAPHICAL CHAPTER. Stephen Eow Bradley, 593 Paul Brighaji, 602 Crean Brush, 60:5 Thomas Chandler, 638 John Chandler, 638 Thomas Cjiandler Jr. 638 CONTENTS. XI PAGE Elkanah Day, 640 Samuel Fletchee, 640 Samuel Gale, 643 JoHx Grout, 650 Lot Hall, 658 Thomas Johnson 666 Joseph Kjillogg, 669 Samuel Knight, 673 Luke Kxowlton, 675 Joseph Lord, 677 "William Paterson, 678 Charles Phelps, 679 Solomon Phelps, 691 Charles Phelps Jr., 693 Timothy Phelps, 693 Noah Sabin, 694 XoAH Sabin Jr., 697 Paul Spooner, 698 Jonathan Stearns, 699 MiCAH TOWNSBND, 700 Amos Tute, 706 RoYALL Tyler, 708 Sajiuel Wells, 718 Daniel "Whipple, 725 JOSIAH "WlLLARD, 726 Josiah "Willard Jr., 727 "\\'illiam "Williams, 728 Ajzariah "Wright, 730 APPEm)IX A. The Equivalent Lands, 735 APPENDIX B. Renewal of the Ti-eaty, 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. Di\asion of Cumberland County into Districts, . . . 743 Xll CONTENTS. APPENDIX H. p^oB Census of January 16th, 1771, 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. Sarttvell's Fort, .... ComtEMORATITE StONES, The Grave op Mrs. Jemima Tute, The Grave op Caleb How, . court-house at westminster, The WESTirofSTER Meetixg-IIouse, The Grave op "William French, . Fag Sbule of the Signature of Thomas Chandler, " " " " William Paterson, JoHK Norton's Tavern, Fag Simile of the Signature of Thomas Chandler Jr., " " " " Henry Evans, " " " " William Shattuck, " " " " Tdiotht Church, Indian Sculptures, Indian Sculpture, . Locality of the Sculptures, "Indian Rock," Stephen Row Bradley, Fag Simile of the Signature op Stephen Row Bradley, " " " " Paul Brigham, Crean Brush, Fag SruiLE of the Signature of Crean Brush, Elkanah Day, Samuel Fletcher, Samuel Gale, John Grout, . Lot Hall, Samuel Kjnight, Joseph Lord, . Charles Phelps, Timothy Phelps, Noah Saedt, . Noah Sarin Jr., Paul Spooner, MiCAH Townsend, RoYALL Tyler, Fag Seuile of the Signature of Royall Tyler, " " " " Samuel Wells, " " " " William Williams, « " " " Azariah Wright, . PAGE 26 65 76 "77 185 211 214 21T, 633 218, 678 221 235, 638 487 487 488 5S7 587 588 590 593 593 602 603 603 640 640 643 650 658 673 677 679 693 694 697 698 700 708 708 718 728 730 CHAPTEE I. rmST SETTLEMENTS. Early Divisions of Eastern Vermont— Cumberland County — Gloucester County — Champlain's Voyage — Squakheag 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 Dummer — Its Defences — Indian Soldiers — Chaplain — Joseph Kellogg — Scouting Parties— Skirmishes— Peltry Trade at Fort Dummer — Journal of James Coss — Rev. Ebenezer Hinsdell — '• Scaticook" and Caughnawaga Indians — Treaty at Fort Dummer. Vermont is divided into fourteen counties. 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 ISTew York was known, during a part of the last cen- tury, by the name of Cumberland coimty. 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 1746 met with dis- tinguished success in opposing the rebels in Scotland. Its boundaries, 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 Royal ton. 1 2 HISTORY OF EASTERN VERMONT. [1766-1781. 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 " royal approbation or disallowance" might be signified, the King, on the 26th of June, 1767, de- clared the act of the New 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. I^umerous appKcations were now made to the Crown 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 Kew 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 Hue 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 Putland ; 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 24:th, 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 under the Great Seal of this colony, on 1T66-1Y81.] EAKLT DIVISIONS OF THE STATE. 3 the 4tli day of September, 1770, to James Abeel, and nine other persons, and extending from the said point of intersection, north ten degrees east until such line shall meet with and be in- tersected 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 this colony, on the 13th day of November, a.d. 1769, and erected into a township by the name of Koyalton, 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 Eeadesborough, 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 Princetown; thence along the easterly bounds of the same tract, as it runs to the north-easterly comer 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 estabhshed" 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 Yermont 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 comer of the 4 HISTOKY OF EASTERN VERMONT. [1766-1781. 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 straight line to the north-west corner of Tunbridge, 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 Wallingford, Har- wich,f 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 soutli on the west lines of Draper and Cumberland! 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 Vermont, passed October, 1780, the county of Cumberland, as just described, was referred to as being divided into the hah-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 Vermont, 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 Hne " beginning at the south- east comer of Sj)ringfiel(l, 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 Hne of Windham coun- ty, and the north lines of the towns of IsTorwich, Sharon, Royalton, and Bethel, was called Windsor county. Orange county comprehended all north of this to the Quebec line. Various changes have since been made in the limits of Wind- * In the printed act Bradford. Barnard was undoubtedly intended. f Now Mount Tabor, X ^^^ Peru. § Now Wilmington. I Now Whitingham. 1766-1781.] EAELY DIVISIONS OF THE STATE. 5 liam 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 Xew 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 16th of March, 1770, an ordinance was passed, establishing as a sej)arate 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- land, and thence running north as the needle points fifty miles ; thence east to Connecticut river ; thence along the west bank 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 2-lth 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 hue 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 hue proceeding on an east course from the south bank of the mouth of Otter creek, and partly by another line to be di'awn 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 Vermont 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 tlie 21st. Tliis large county, comprismg the whole of Eastern Vermont, was subdi- vided in February, 1781, and Windham and Windsor counties 6 HISTORY OF EASTEEN VERMONT. [1609. were established with 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, 1Y92. 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 win 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 Kttle consequence, except geographically, as the events which form the History of Eastern Vermont were mostly confined to the towns lying east of those composmg the most western tier.* The territory now comprising the state of Yermont, 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 moim- tains capped with snow. I asked the Indians if those parts were inhabited. Tliey answered me, yes, and that they [the inhabitants] were L'oquois, and that there were in those parts beautiful vaUies, and fields fertile in corn as good as I had ever eaten in the country, with an iufinitude 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." Tliis is undoubtedly the first information on record in regard to the scenery, condition, and inliabitants of Vermont, and like the accounts which were generally given by the Indians to the early travellers in the New World, contains, in some * Book of Council Minutes, 1151-llQB, xxvi. 442: also, 1764-1772, xxix. 250. Act of 12th George III., in Laws of Few York, 1691-1773, Van Sclianck'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. Y 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 New Hampshire, and including a valuable tract of interval land. The northern boundary of Massachusetts being undetermined at that time, thue 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 New 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 little connected with the history of the territory afterwards known as Vermont. It may not, however, be out of place to refer to some of the in- cidents which occurred within the limits of Northfield. PhiKp, having made an attack upon Swanzey, on the 24th of June, * Doc. Hist. N. Y., iii. 6. f " A deed to William Clark and John King, of KTorthampton, agents for the pro- prietors of Northfield, covering the grant, was made August 13th, 168*7, by Naw- elet, Gongegua, 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." Korthfield Town Book in Iloyt's Indian Wars, pp. '7'7, 78 8 HISTOET OF EASTEKN VERMONT. [1675. 1675, deserted Mount Hope, liis favorite retreat, and was imme- diately pursued by Capt. Benjamin Church, 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, Hatfield, 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 bm-ned. 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 purpose of driving the Indians from Northfield was at length decided upon, and the Connecticut and Massachiisetts 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 captives, 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 Hatfield on the 19th of September, 1677-1698.] SKIRMISH with the Indians. 9 1677, were pursued by the English. Resting 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 Vermont would have become the seat of war, had there been atti-actions 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. Tlie 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 Coimecticut 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 Ver- 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 VERMONT. [1702-1704. below. Two Lidians who lay secreted not far distant, fired and killed Nathaniel Pomroy, one of the party. The 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 EngHsh colonies in America, North- field, at the commencement of King WiUiam'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 1704, Major Hertel de Rouville, 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 northern 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 hundred 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 Williams, the reputed great- gi-eat-grandson of the Reverejid John Williams, and Louis XVII. 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 town 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. Ou 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 AVilliams delivered a discom-se from these words : " The 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 diifereut 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 Lidian 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 afterwards 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 life, that she married an Lidian, and became the ancestor of the Lidian branch of the Williams family.f The enemy, emboldened by the success they had met with at Deerfeld, were continually harassing the frontier settlements, and endeavoring to cut off the scouting parties which were * Lamentations, chap, i., v. 18. f Biographical Memoir of Rev. John Williams, Greenfield, Mass., 183Y. Hoyt's Indian Wars, pp. 186-194. Williams's Hist. Vt , ed. ■2d, 304-307. 12 HISTORY OF EASTERN VERMONT. [1704-1713. sent out from them. On tlie 31st of July, 1704, thej 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 misuc- cessful, and the troops retm-ned home, having effected nothing of importance. The next year Hertel de Eouville, 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 Indians, 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. The 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, wdiile 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 Champlam, and killed several of the enemy. In June of the same year another attack was made on Deerfield by a force of one hundred and eighty French and Indians, under the command of one of the De Ivouvilles, 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 30t]i 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 LAITOS. 13 tion, tlie third wliich liad 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 dm*ing 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 Hmits. Upon this presumption these tracts had been taken up and surveyed by the grantees, and many of them had already 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 hne 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 fom* 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 Vermont, 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 HISTOKT OF EASTERN VERMONT. [1713. tlience it extends nearest north nortli 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."* The colony of Connecticut, having received all the land to which she was entitled, caused it to be sold in Hartford at public vendue, on the 21th and 25th of April, 1Y16. 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, New England currency, which amount- ed to " a little more than a farthing per acre." The money thus obtained was applied to the use of Yale CoUege.f The purchasers of the land, being then tenants in common, made partition of the whole amount, and the tract situated above Northfield, 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 SaltonstaU, Governor of Connecticut, and the rest of the proprietors, this tract was conveyed to the four above named gentlemen, " as their part and j)roportion," and was by them, and those holding under them, improved and possessed for many years.:}: Tlie colonies being now at peace with the Lidians, the frontier settlements began to assume a more prosperous appearance, and the k>sses which had been sustained by the ravages of the enemy were in a great measure repaired. But by the time that affairs had become so arranged as to invite immigi-ation, and warrant the safety of new settlements, Massachusetts and 'New Hamp- shire were again compelled to prepare to defend their borders against the Indians. By the instigations of Sebastian Rale, a French Jesuit, who had gained the esteem and respect of the Indians, they, in 1T21, began their usual depredations, and the next year war was declared against them by Massa- chusetts. iSTortlifield and Deei-field were still the frontiers of this pro- * Records in the office of the Secretary of the State of Connecticut, entitled, "Coloniiil Boundaries, vol. iii., Massachusetts, 1670-1827." f See Appendix A. Trumbull's History of Connecticut, L 471. Williams's His- tory of Vermont, ii. 10. Doc. Hist. N. Y., iv. 547, 548. \ Petition of Joseph Bryant, dated August 11th, 1766, in office of the Sec. State K". Y., Land Papei-s, 1766, vol. xsi 1721-1724.] BUILDING OF FORT DUMMER. 15 vince on Connecticut river, and these, with other exposed towns, were rendered defensible against the attacks of the enemy. In order more effectually to secure the safety of the inliabitants, 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 which 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. f 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 Dummer, and probably occupied that position from February, 1724, 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 tlie 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 5 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 corner 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 Yermont. The fort was built of yeUow pine timber, wliich 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 will 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 D wight's force numbered in all fifty-five €flfective 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, Hendi-ick * 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 Maqua, of Connaucliiwhorj, and Umpaumet, who 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, 1724, 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 shillings per day be alloM'ed 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 dehvered 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. * Tlie names of these Indians, with their residence, are contained in the annexed list. Under Hendrick Maqua. Ezerus of Connauchiwhory ; Kewauchcum of Westonhook ; Cosaump of Wittang. Under Umpaumet or Ampaumet. Wattunkameeg, Noonoowaumet, Pomagun, Poopoonuck, from Hudson river ; Waunoouooseet, Suckkeecoo from " Scahticook." Faukaquint, 2 18 mSTOKT OF EASTEKN VERMONT. [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, was chosen to this post, but it does not appear that he held it long. His pay was fixed 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 comj)leted, 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 fom* or five of its occupants were either killed or wounded. Col. Stoddard of Northampton, who was at that time intrusted with the defence of this quarter of the 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 Falls.* Again they would * Now Bellows Falls. 1725.] SCOUTING PARTIES. 19 follow up "West river a few miles, and then striking across the countiy, reach the Great Falls by a different route. Sometimes their 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." Thus 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 I^orthampton, 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 AVinooski river, and followed it until within sight of Lake Champlain. Provisions becoming scarce, the party retraced their steps and returned to Northfield without meeting the enemy. In 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 Suflfield, John Farrar of Ashford, and ISTathaniel 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.* * MS. papers in office Sec. State, Mass. Hoyt's Indian Wars, p. 215. 20 HISTORY OF EASTERN VERMONT. [1Y25-1Y31; Altliougli attacks were frequently made on the English 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 New Hampshire to Canada. They were politely received by the Marquis de Yaudi-euil, Governor of Canada, but were unable to eflect with him the object of their mission. A few depreda- tions were committed after the commissioners returned, but it was soon ascertained that the Indians were not averse to peace. In 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 Northfield" were ordered to be dismissed from the service. By a mistake, the order was withheld until news came on the 24:th of November, 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 until 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 15th of January, 172T, in which he expressed his belief 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 furs 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. Belk. Hist. K H., ii. 70-80. 1725-1731.] JAJVEES coss's journal. 21 under tlie 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, moose skins, and taUow. 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 Ti-uck-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. Notabene. I travailed with twelve Canady Mohawks that drank to great excess at y® fort and killed a Skatacook Indian in theii* 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 Coui-t 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 witlial." The Truck-master was ordered " to advance 50 per cent, on ram, sugar, and molaases, and 2.5 per cent, on European 22^ mSTOKT OF EASTEEN VERMONT. [1Y25-1731. " Tuesday. "We travailed upon the great Kiver'^ 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.N, W. then cross Black River again about 17 miles above our first crossing, afterwards travailed y® same com*se, 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 N. 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 afforded us a prospect of y® place of Fort Dummer. Soon after we enter a descending country, and travail till w^e arrive at Arthur Creek^ 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 Arthur 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 townsliip of Ludlow. I In tlie township of Plymouth, where Black river rises. ■[T Otter creek ** Probably in the town of Rutland. 1725-1731.] INDIAN COJEVnSSIONEES. 2S " Thursday. We sail 40 miles in Arthur Creek. We meet with great Falls,* and a little below them, we meet with two other great ralls,f and about 10 miles below y^ said Falls we meet two other pretty large Falls.:}: We carryd om* Canoes by these Falls and come to y® Lake."§ The garrison at Fort Dummer, which had been reduced in 1727, 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 Rev. Ebenezer Hinsdellf 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. Kellogg 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, thi'ee other commission officers of the Caughnawaga tribe, * Middlebnry Falls. •)• At Weybridge. ^ At Vergennes. § Bound MSS. in office Sec. State, Mass., A. xxxviii. 12(5, 12V. I lie was for several years a missionary to the Connecticut river Indians. In a letter which he wrote from Fort Dummer, dated January 26th, 1731, 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 Christianity, but had as yet met with no success. In 1743, Mr. Hinsdell erected a fort witliiu 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 undei^cominissioners 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 Dummer for the winter season," a request which was undoubtedly complied with. In the year 1769, 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 HISTORY OF EASTERN VERMONT. [1Y35-1738. named Ontaiissoogoe, colonel ; Thyhausilhau, lientenant-colonel ; Conneighau, major. Yearly pensions were granted to them, and they 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 Kew Hampshire granted several new townships on their fron- tiers, the former extending her grants to the northward and westward, and along Connecticut river, above iN^orthfield, em- bracing on the east banks of that stream the present towns of Hinsdale, Chesterfield, "Westmoreland, Walpole, and Charles- 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 trf the Lake, was subsequently broken up, and the settlers, with the garrison of the fort, were, in the year 1759, removed to Canada. * See Appendix B, containing an accomit of the proceedings at the renewal of the treaty. f Tlie only hint of this circunwtance is contained in a petition to Governor Jonathan Belcher, from John Sargent, dated Nov. 29th, 1738, in which he says he was " formerly taken prisoner to Canada, afterwards was under Captain Kellogg at tlie truck-house, north of Northfield, and was a great sxiflferer in 1737 when it was burned," CHAPTEK n. CONFLICTS WITH THE INDIANS. 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 New Hampshire as to the northern boundarj 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 Hampshire 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 Majesty'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 HISTOET OF EASTERN YEEMONT. [1740. The command of Fort Dummer having been given to Capt. Josiah Willard in 1740, its former commander, Joseph Kellogg, was appointed Indian interpreter for the garrison, which office he held until the year 1749. Great pains were taken to obtain fi'om 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 uj)per 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 hundred rods from Connecticut river, in the north part of what was for a long time Hinsdale, now Yernon, Yermont, 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 occu|)ied l)y the Hon. Ebenezer How Jr., a great-great-grand- son of Josiah Sartwell, and a gi-eat-grandson of Caleb How, who was killed by the Indians. Bridgman's Fort, of similar con- stniction, 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 1740.] DEFENCES AT FOKT DUjVEMEE. 27 Fort Dummer, was the only place picketed and secure in tliat 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 Ilill was built in the centre of the " Mea- dow ;" but by whom it w^as 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 Rev. Ebenezer Hinsdell, in 1713. Fort Dummer being in a defenceless condition, Capt. Josiah Willard, " for himself and those under his command," informed the Governor of Massachusetts 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, providing 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, and for these days 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 originally 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 MS. in office Sec. of State Mass. Ixxii. 496. 28 HISTORY OF EASTERN VERMONT. [1744. Tlie declaration of war by Great Britain against France and Spain on the 29th of March, 1744, was followed by 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 suffered on account of the whites. The Indian 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 tribes 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 proved of no pecuniary profit 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 allowed 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 supply 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 fort was sujjposed by many to have fallen within the limits of the latter province. Massa- 1744:.] MAINTENANCE OF FOKT DUM3IEK. 29 cliusetts, however, continued to support and maintain it until war was declared in 1744, when Governor Shirley opened a communication with the home government on the subject. In his letters to the Lord President of the King's Council and to the Duke of ITewcastle, one of his Majesty's principal Secre- taries of State, he clearly showed that the great expense which the province was likely to hicur in providing for its own defence in many other places, would no longer justify it in continuing the estabHshment 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 ISTew 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- Betts, 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, * Bosca-wen 30 HISTORY OF EASTERN VERMONT. [1745. would be driven fi-om their settlements should the fort be taken, mianimously voted that " the captain-general be desired to cause the same number of officers and men as were in the last esta- blishment at said fort, to be eulisted 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, ^nd, with the exception of the stockade then building on the Great Meadows, the most northern, two swivel guns and two four-pounders 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 : — "That 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 1Y45,] DISPUTES WITH MASSACHTJSETT8. 3S and more convenient fort at a place called Kumber Four, be- sides several other settlements, which they should, also, be obliged to defend ; and, linallj, 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 15th of June, that his Ex- cellency the Captain General be desu'ed to enlist or impress twenty good, effective 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 ShMey by Governor Wentworth, and was accompanied with a request that the fort might be delivered to Kew Hampshire, and the Massachusetts forces be drawn within the bounds of that pro- vince. In 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 dehvering 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 suj^port 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 coimtermand his orders, and the fort was again supported by Massachusetts. * Belknap's Hist. K H., iL 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 HISTORY OF EASTERN TEKMONT. [1744. In this condition the subject remained until 1T4Y, when Governor Shirley 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 28th of October, 1Y48, 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 ofier to forward to the Board of Trade a schedule of the charges incurred 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 New Hampshire to reimburse Massachusetts for maintaining the fort, and advised that the Governor of New Hampshire 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 Parliament granted to ISTew Hampshire a reimbursement 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 line 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, through 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 sources. It-itlr.] ESTABLISHMENT OF FORTS. 33 ISTor were the rivers Lamoille, Winooski, and White, iinknown 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. This 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 ISTumber 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. Tliey were situated in the following towns. Fort Massachusetts or Hoosac was in Adams, Fort Pelliam in Eowe, Fort Shirley in Heath, Coghran's and Kice's forts in Coh-ain, and Sheldon's fort in Bernardston. Li the latter place, as well as at Colrain, several houses were stockaded, and at Kortlifield 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. Tlie 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 jDro- ^ance, 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. Tlie 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 EASTEKN VERMONT. [1745. a gill of rum j)er diem. Parties were kept continually ranging from fort to fort on the line between Forts Dummer and Massa- chusetts, and thence to Pittsfield, for the purpose of ferreting out the Lidians, 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 government 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 emei-gencies, which opportunity, as has been shown, w^as 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 Phips, 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 keej)er 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 returning to the fort, he was seized, killed, and scalped. The Indian whom he had stunned, afterwards died of his wound. On the 10th of the same month, the Lidians appeared at Upper Ashuelot, now Keene, and kiUed 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 * Hoyt's Indian Wars, pp. 230-232. 1745.] ATfACK AT THE GREAT MEADOW. 35 containing accounts of the circumstances above narrated, and of others siniihir, Col. Schuyler, one of the members, stated that the fears and jealousies of the Six Nations of Lidians 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 could 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 com*se, those who proposed and supported it were fhe best judges ; but the effect on the Lidians seems to have been far diffj^rent from what was ex- 13ected. 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 York 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 Lidians. 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 heu of victory they killed or drove oft' 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 approaching with two men. Firing, they killed one of them, David Kugg, but the other, Hobert Baker, made for the opposite shore and escaped. 36 HISTOKT OF EASTERN VERMONT. [1Y46. Both of these men, together with IIotv, belonged to the garrison at the Great Meadow, Proceeding further thej 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 opj^osite to jSTumber Four the Indians compelled their captive to ^Tite 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 Itugg on a pole, proceeded to the fort at Crown Point, where 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, 1746, 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 Sith 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 Beeman;}: 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 miUs 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 i)recipitate retreat, leaving their packs in the hands of Willard and his party. Tlic defence of the western frontier of New Hampshire being not only hazardous but ineffectual, the government of that province, instead of increasing the number of their forces, * Belknap's ITist. N. II.. ii. 241. f rnrker, in Iloyt's Iiulisui Wans, p. 236. X Beamoiit, in Iloyt's Indian Wars, p. 236. 1740-1747.] MEASURES FOR DEFENCE. 37 refused to furnisli their regular quotca. 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 efforts were without success. Tlie inhabitants, being without protection, 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, lea^dng 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 Dwight, 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 15th of April, delivered by Col. Josiah Willard into the hands of Ins 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 * In a letter from Col. Josiah Willard, of Fort Dummer, written probably in the year 1746, is a recommendation that a General Commander of the forces stationed north of Massachusetts be np2:)ointed. "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. f Whether Bradstreet was incompetent to command the fort does not appear- Gen. Dvright, when informing him of his appointment, wrote, " You must take th^ most effectual 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." lie was the son of the Rev. Dudley Bradstreet, who was " minister of the 38 HISTORY OF EASTEEN VERMONT. [1T47. In the latter part of March of the same year. Governor Shirley ordered Capt. Phineas Stevens with thirty men, being a por- tion of the levies which had been raised for an expedition against Canada, to take possession of Number Four, which had been without protection for more than two months, fears being entertained that it would either be bm-ned or taken by the enemy. This movement was most fortunate. Hardly was the fort garrisoned, when on the 4th of April it was attacked by a very large party of French and Indians, under the command of Monsieur Debeline. Tlie siege continued during three days, and in that time thousands of balls were poured upon the fort, yet not one belonging to the garrison was killed, and two only were wounded. Debeline giving up all hopes of carrying the fortification, 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 Ivnowles, who happened at that time to be in Boston, sent him an elegant sword, and ISTumber 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 JS^umber 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 24th of August following, as twelve men were passing down Connecti- cut river from Number Four, they were surprised and attacked l)y the Lidians. Nathan Gould and Thomas Goodall \vere killed and scalped, Oliver Avery was wounded, and John Henderson captured. The 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 7 0|.— Butler's Hist. Groton, pp. 170, 390, 391. The stores which \rere left in the fort by Col. Willard, comprised the following articles : — " 2 Carriage guns and fiu-niture ; 5 Patteraroes, one, exclusive of y* five being burst, all which belonged to the Province stores of y« Truck Trade ; 12 Small fire arms; ^ 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 Number Four," see Belknap's Hist. N. II., ii. 248-251, and lloyt's Indian Wars, pp. 242-245. 1747-17-lS.] MEASURES FOR DEFENCE, 39 this occurrence, Jonathan Sailwell 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, killed several persons, and took othei-s prisoners. In consequence of this last act. Col. John Stoddard, on the 22d of October, sent Capt. Setli Dwight with a force of thirty-six men in quest of the enemy ; but the search was unsuccessful, it being usual 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 Avas 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 Js^umber 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, 1748, 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 oflicers 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 parts among the oQicers and soldiers of any scouting party that might capture an Indian, or produce the scalp of one they had killed. Capt. Stevens was again appointed commander of Number Four, and Capt. Ilobbs 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 wagee they received per month, were as follows : one captain, £4 ; one lieu- 40 HISTOKY OF EASTEKN VERMONT. [1748. A report which was presented to the General Court in February by Col. Willard of Fort Dummer, showed that he 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 Eev. Andrew Gardner. * In order to afford 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-garrisons where it was deemed neces- sary. The complement of men for Fort Dummer was fixed at twenty, but by the solicitations of Col. Willard was increased to thirty. The 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 Nathaniel 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. Nothing 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 expedition for this pm-- 2)0se was projected during the sj)ring by some of the ranging officers, 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 13tli of May from Fort Dummer. Proceeding up Connecticut river as far as Number Four, they were there joined by Capts. Stevens and Hobbs, with a force of sixty men, and the whole party, on S un- tenant, £3 Os. 9d.; one clerk, £2 12.^. 9c?.; three sergeants, £2 12s. 9c?.; tliree corporals, £2 12s. 3(/. * A very interesting account of all tliat is known concerning this quaint and eccentric clergyman, may be found in that valuable ecclesiastical monogi-aphj entitled The Worcester Pulpit, by the llev. Elum Smalley, DD., pp. 31-42. 1748.] ATTACK ON CAPT. MELVIn's PASTY. 41 day the 15th, at sunset, set out from Number Four ou 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 main branch of Otter creek, Capt. Melvin and his men, accord- ing to previous agreement, left the party, 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, Avhere they found about twelve pounds of good French bread, and a keg, which from ap23earances 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 upon 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 20th, they saw the tracks of a hundred 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 30tli came upon a branch of West river. Pro- \dsions 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 volley, 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. Deserted by his men, Capt. Melvin was left alone to defend himself. Several of the Indians attempted to 42 HISTORY OF EASTERN VERMONT. [1748. strike liim with their hatchets, others threw them at him, and one of them, or a shot, carried away his belt, and with it his bul- lets. He then ran down 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, they fell back a Kttle, upon which he ascended the bank of the river, when they again fired at him. Gaining a side hill, commanding a view of the place where the skirmish had taken place, he there eat 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 New 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 11. Hist Poc. Coll, v. 208-211. IT-iS.] AN a:mbuscade. 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 Number Four on the 30th 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, Northfield, and Fall Town, had already assembled to render such assistance as they could to Capt. Melvin, but on the a]3pearance 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 Kichardson, 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. Tlie 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. Tliere he lay in prison until the 2Tth of August, when he was 44 HISTOET OF EASTERN VERMONT. [1(48. 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, Avhere 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 14th 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 15th of October, but the former died soon after, from causes superinduced by the trials he had undergone. Joel Johnson, of "VYoburn, 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- parel, deprived of his gun, and when he arrived in Canada " suflered great abuse by the Lidians 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 unfit for active labor. Matthew Wyman, of the * An incident in the life of General Stark furnisliea 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, 1752, been taken prisoners by a party of St. Francis Indians, while hunting along the banks of Baker's river in Rumney, New Ilampshire. The narrative then proceeds : " On the 9tli 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 thi'ough the young warriors of the tribe, ranged in two lines, each furnished with a rod, and wlien highly exasperated with deadly weapons — and to strike the prisoners as they passed. In the latter case, the captive was frequently 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 lie 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." — Ea'C- rett's Life of Stark, in Sparks's Library of American Biography, i. 9, 10; Memoir of General Stark, by his Son, pp. 174, 175. 17-iS.] FIGHT BETWEEN HOBBS AND SACKETT. 45 same garrison, after being relieved of his gun and liat, was treated in tlie 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 IS'ewbmy, and more than forty other prisoners of war. Wliile the condition of the frontiers was very unsafe, owing to the virulence of Indian enmity, and at a time when wise counsel and discretionate zeal were most needed, Col. John Stoddard, of Northampton, who had been intrusted with 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 mider him, was chosen his successor ; and Major Elijah Williams of Deei"field, was appointed Commissary under John Wheelwright, the Commissary-General.* Soon after Col. Williams had entered uj^on the duties of his arduous office, Capt. Humphrey Hobbs, with forty men, was ordered fi-om 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 trail 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 circumsi3ectly 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, the rear guards were driven in from their jjosts, 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 mSTOKT OF EASTERN VEEMONT. [1Y48. instantly formed his men for action, eacli 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 known 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 put 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 withdrawing an inch from its original situation. The Indians not unfrequently ap23roached 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 sufiered 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 Gunn, were killed in the con- flict. Of the remainder, Daniel McKinney of Wrentham, Massachusetts, had his thigh broken by a ball from the enemy, and was thereby disabled for life. 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 unhap]:)y 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 diffi- culty, by reason of tits of the falling sickness, which render him incapable of business." Xathan Walker, of Sudbury, iV-iS.] 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 undoubtedly great, yet so etfectuaUy did they conceal it, that it was impossible to determine its extent. After the Indians had disappeared, Capt. Ilobbs and his men remained concealed until night, fearing another attack ; but there being no signs of the ene^ny, 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 obliged to carry — to a more convenient place, about two miles distant, they encamped for the night. They aiTived at Fort Dummer on the 27tli, at four o'clock in the afternoon, and sent the wounded to Northiield, where they could receive proper medical attention. Two days after, having received no answer to the expresses which had been sent to Hadley and Hatfield for assistance, Capt. Ilobbs 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 sunset 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 Ilobbs and Sackett, according to the long established custom, whenever an Indian fell, his nearest comrade stealthily approaching the body under cover of the trees and underbrush, would attach to it a turn,]) 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 Ilobbs'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. S66, Bartlett defines the Indian verb tump, " to draw a deer or other animal home tlircugh the woods, after he has beeu killed." According to the same authority a fumpline is " a strap placed across the forehead to assist a man in carrying a pack on his back." 48 HISTOKY OF EASTEEN YERMOXT. [1748. would have adopted a different metliod of warfare. This battle was regarded bj the people in the Yicinity as a masterpiece of persevering bravery, and served, to a certain extent, to remove the unfavorable impression produced by the defeat of Melvin's scout. " If Hobbs's men had been Romans," observes one writer, " 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 14th of the same month, as ten men were travellijig 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 Dimimer 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 patli, 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 hundred 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 tm*ned back and reached Col. IlinsdeU's fort in safety. Tlie " 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 Indian "Wars, pp. 249-2-51. Dwight's Travels, ii. 81. 17-iS.] SCOUITNG EXPEDITIONS. 49 The news of the conflict having reached N^umber Four on the loth, Capt. Stevens with thirteen men, Lieut. Hoit with thirty, and Lieut. Bills with more than twenty, immediately set out for Xorthfield. 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 "VVestford, 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 ISTorthfield, 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 lYth, 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, " K therefore thou shalt 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 Lidians were slain was certain, and it was probable that more were killed or wounded, as the soldiers faced and fought them at the first onset, and the scouts afterwards discovered the places where four biers or Utters had been cut and prepared. Robert 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 fellow-soldiers at a little 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 sufiterings they had undergone. The other captives were Sergt. Thomas Taylor of ISTorth- field, Jonathan Lawrence Jr. of Littleton, Reuben Walker of Chelmsford, Daniel Fanner of Granton, Daniel How of Cam- bridge, and Tliomas 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.] EOrTE OF THE INDLUS'S TO CANADA. 51 The route pursued by the 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-hane, two or thi-ee 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 affair 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 Champlain about twelve miles south of Crown Point, whence they proceed- ed in canoes to that post. The enemy carried several of theu* 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."* llie 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 gi'eatest 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 efli- cient defence of the frontier settlements. Brig.-Gen. Joseph Dwight wrote to Secretary Willard, of Massachusetts, on the * Hoyt's Indian Wars, p. 251. In the year 1789, 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 companj-. 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 j^lace 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 HISTOET OF EASTERN VERMONT. [1Y48. IGtli of July, praying for a " thousand men to drive the woods and pursue the enemy to Crown Point ;" also, for several troops of horse. He also jDi'oposed, 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 ITumber Four and at Fort Massachusetts. Their presence, it was urged, would ward off the attacks of the enemy. Col. Josiah Willard, 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 dm-ing the remainder of the year, were neither numerous nor extended. On the moi*ning of the 23d of July, a little before sum-ise, 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 Foi-t 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 Hinsdell's Fort, there to remain for seven months from the 20th of November. * Covered, guarded or protected. CHAPTER in. FKONTIEK 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 ou tlie 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 Indians began as usual to hover around the frontier settlements, and on the 20th of June, a party of them in ambush shot Ensign Obadiah SartweU, 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 company 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 their head-quarters at Fort Dummer and Col. Hinsdell's garrison, 54 HISTORY OF EA8TEEN VERMONT. [1749. and being under the command of Col. J osiah Willard. They continued on this service from the 26th of June to the lYth 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 f)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, 1Y49, to June, 1750, and the same number of men was stationed respectively at Number Fom- and Fort Massachusetts during the same period. Throughout the whole of tliis 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 torture 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. Tlie people not belonging to the garrisons and who still remained on the frontiers, lived in fortified houses which were distin- guished by the names of the owners or occupants, and aff'orded sufficient 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 dwelHng, sheltered also his most deadly enemy ready to plunder and destroy.* * The fortified houses were in some instances surrounded with palisades of cleft or hewn timber, planted perpendicularly in the ground, and without ditches. Tlie villages were inclosed by larger works 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 where they were wanting, sentry-boxes were generally placed upon the roofs of houses." — Hoyt's Lidiau Wars, p. 185. 1749.] LIFE OF TlIE FKONTIER SETTLERS. 55 Solitary and unsocial as the life miglit seem to be -u-liicli the soldiers led in the garrisons — distant as they were from any but the smallest settlements, and liable at almost 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 al-^ays the richest, was good of its kind. Ilard labor in the woods or field, or on camp duty, afforded 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 sprmg, when the ground was to be ploughed and the grain sown, with a proper 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 cusliion, 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, M'liich 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 spear him, when endeavoring to leap the falls which imj^eded 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 tail 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 nom*ishment 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 foem^n. And then at the husking, no spacious barn which had received the golden load, beheld beneath its roof the merry 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 56 HISTOKT OF EASTEEN TEEMONT. [1T49. •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 filled 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 premonition of a repast, which had it not been for the plainness of its appointments, would have been a feast for an epicure. When 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 exposui-e. Then, 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 speak, 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 surprise 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 upon timber, or as mortise received tenon, and mainpost the brace with its bevel joint,tumultuously rose tlie shouts and merrily passed the canteen from mouth to mouth with its precious freight of rum or cider. And wlicn the last log was laid, or the framework stood com- plete, foreshadowmg the future house in its skeleton outline, 1749.] GAEKISON-LIFE. 57 then how uproariously would the j oiliest of the party iii some rude coujDlet 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 aii* with their lusty plaudits ! Great was the pleasure when the watchful eye of the officer detected the drowsy 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 light, 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 accompanied 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 Avhen 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 HISTOKT OF EASTEKN VERMONT. [173.5-1751. repel the attacks of invaders, and by tlie 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 sti'eams 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 1735, praying for grants of land on the Connecticut and Merrimack rivers, that body, on the 15th of January, 173|, ordered a survey of the lands between the aforesaid rivers, from the north-west corner of the town of Kumford 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. Tliey 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 territoiy 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 townshijD. 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 ^Number One, now "Westminster, was surveyed and granted to a number of persons from Taunton, USTorton, 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 dweUing-house * See Appendix C. 1735-1751.] EKECTION OF MILLS. 59 eigliteen feet square and seven feet stud at the least, on tlieir 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. They 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 faihng to perform these terais 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 I*Tumber 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 gi*antees of I^Tumber 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. Tliey 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 proprietors held a number of meetings, sometimes at Capt. Tisdale's, at other times in the old school-house, and not unfrequently at the widow Euth 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 miU at Kumber One, which was now familiarly called New Taunton, in remembrance of the town where the majority of the proprietors 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, 1740, 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 j)eriod by Kichard Ellis and his son Reuben of Easton, who having purchased eight rights in the new township, built there a 60 raSTORY OF EASTERN VERMONT. [1735-1751. dwelling-house, 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 Aprd, 1742, to acquaint the General Assembly of Massachusetts of the difiiculties they had experienced, 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 different 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 in Taunton on Tuesday, December 2d, 1Y40, the folio-wing 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, 11S9 and 1740, the sum of £45 " Voted to be paid Lieut. John Harney for himself and hand in y* year 1*739, £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, 1*739, . . .£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 No. 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 that 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 tlie 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:.] NUilBEK ONE RE-GRANTED. 61 In the spring of the year 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 unoccupied, 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 childi-en. The men were William Gould and his son John, Amos Carpenter and Atherton Chaffee. Of these, Gould and Carpenter moved their famiHes from Northfield to Number One dm'ing 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 Dummei-, was at the time of his death, by pm'chase 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 proprietors 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 with 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 conveying to him twelve of the original rights are on record. f See Appendix D. X From the 21st of June, 1*750, until the 20th of February, 1752, 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 2«. 8c?. ; to a lieutenant, £1 128. A\d. ; to a sergeant, £1 8s. \d. ; to a corporal, £1 8«. Qd. ; to a private sentinel, £1 1«. 4d 62 HISTOEY OF EASTEEN VEEMONT. [1751-1754. ters of New England, and from a letter written by Col. Israel "Williams on the 31st of July, 1750, it would appear tliat 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 18th 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 WiUiams 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 cany the plan of a settlement mto execution. Governor Wentworth having heard of their determination, deemed it best not to irritate them, and the design was relinquished.* On the 28tli of the following April, ten or twelve of the St Francis Lidians surprised four men who were huntmg 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 cajDtives were carried to the Lidian 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- tors that he used often to observe, " that he had experienced more genuine kindness from the savages of St. Francis, than he * Powers'a Coos Country, pp. 10-13. Belknap's Hist K H., iL 278, 279. 1752-175^1:.] TKEATT WITH THE ESTDIANS. 63 ever knew prisoners of war to receive from any civilized nation."* In Februar}'-, 1752, the General Court believing that the fron- tiers were comparatively 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 multipHed 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. Kor 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 ISTew 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 mu<;ual defence. In compHance with tliis 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 rejected, "because it was supposed to give too much power to the representatives of the King." It met with a * Memoir of General Stark, by his son, Concord, 1S31, p. 174. Hoyt's Indian Wars, p. 260. 64 HISTORY OF EASTEKX VERMONT. . [1Y54:. similar fate at the hands of the 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 might.* For the defence of Massachusetts and her frontiers, during the year 1754, Governor Shirley, on the 21st of June, ordered the commanders of the provincial regiments to assemble their troops for inspection, 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 Willard, a daughter of Lieutenant "VViUard, Ebenezer Farnsworth, and Peter Labaree. Aaron Hosmer, who was also in the house, eluded the enemy by secreting himself under a bed. l^o 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 Reading, in Yermont, near the junction of what is now called Knapp's brook with the Black river branch. On the morning of the 31st, Mrs. Johnson, who had gone half a mile further up the brook, was dehvered 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, il 200, 201. Iloyt's Indian Wars, pp. 260, 261. 1754.] COMMEMORATIVE STONES. 65 a horse. Tlie 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 Eeading, 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 him 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., il 289, 290. Hoyt's Indian "Wars, p. 262. 6 66 HISTOET 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 30th 1754 And Mrs Johnson was deUver*^ 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 the 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 ISTepisinques, the Algonkins, and the " Abenaquies of Bekancour" made an attack on " Dutch Hoosac," about ten miles west of Fort Massachusetts. Their "first appearance was at a mill which was attended by a few men. Of these, they killed Samuel Bowen, and woimded 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 afibrd any important aid, and a party of militia from Albany, that had marched to the scene of destruction, did not arrive until the enemy had departed. The loss at Hoosac was stated at " seven dwelling houses, fourteen barns, and fourteen har- racTcs of wheat." Tliat at San Coick was about the same. The property destroyed was supposed to amount to " four thou- sand pounds, York currency."* * Hoyt says: "The depredations were attributed principally to the Schag- ticoke Indians." — Indian Wars, p. 203. It is more than probable that the tribes mentioned in the text were the perpe- 1754.] PLANS FOR THE FRONTIEK DEFENCES. 6Y To put a period, if possible, to these devastating incursions, more extensive means of defence were adopted by Massachu- setts, and the charge of the western frontiers was again given to Coh 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 Hampsliire, with plans for their defence. He recommended the abandonment of Forts Sliirley and Pelhara, and the erection of a line of smaller works on the north side of Deerfield river. He further proposed that the old works at Korthfield, 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 ISTew 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 Yermont, and that the routes and outroads from Crown Point should be diligently watched. Tliese 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, Bice'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 otlier places, less exposed, slighter fortifications were established, some at the expense of the trators of the acts ascribed to them. — See documents in office Sec. State N. Y., in Colonial MSS. De Lancey, 1764, vol. Ixxix. 68 HISTORY OF EASTEEN VERMONT. [I'^S'i, 1Y55. inhabitants, and some at the expense of the province. Capt. Ephraim "Williams was, as in the preceding war, appointed commander of the line of forts. His rank was raised to that of major. Deeriield 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 sufferings which the inliabitants 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 incursions 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 Cliarlestown, had removed to Walpole immediately after that event. Here they were accoimnodated at the house of Col. Benjamin Bellows until October, when they returned to Westminster. There they tarried until the February foUowing, 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 "Wars, pp. 263-265. Belknap's Hist N. H., ii. 290, 29]. 1755.] FOET AT THE GKEAT 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 1755 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 dwellings were erected mthin it, the wall of the fort forming the back wall of the houses. These were covered with a single roof called a " salt-box " roof, which slanted upward to the toj) 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 beginning of the year 1755, were Philip Alexander from Northfield, 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 bridtfe. The father * The 80Q -was afterward General George Aldrich, He died at Westmore- land, N. K, in the year 1807. TO 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. Religious services were for a long time observed among the occupants of the fort, and there the Rev. Andrew Gardner, wdio 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 Avhite 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 was por- tioned out to each family, and the inliabitants 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 Lidians 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 course 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 frontiers from the incursions of the enemy. Major Ephraim Williams, who dur- ing the year 1754 had taken charge of the western line 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. f " The monthly pay of the troops on the frontiers, established by the govern- 1755,] PARTISAN CORPS AJSTD RANGERS. 71 But the feature ■vrhicli characterized, in a peculiar manner the warfare 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 " scalping designs." Tlieir field of operation extended from the Connecticut to the Hudson, and from the Massachu- setts cordon to the borders of Black river, in "Vermont. 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 difterent 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. Xo bounty was given until the captm-ed Indians, or the scalps of those killed, were deli- 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 hardship 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 partisan soldier of the last century, though unskilled in the science of warfare, was an equal match for the resolute Lidian, whose birthi'ight was an habituation to daring deeds and wasting fatigue. The duties of the rangers 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 Ma-ssachusetts, June 11th, 1755, was as follows. Marching forces: Cap- tain, £i 16s. ; Lieutenant, £3 4s. ; Sergeant, £1 14s. ; Corporal or Private, £1 6s. M. Garrison forces : Captain, £4; Lieutenant, £3 ; Sergeant, £1 10s.; Cor- poral £1 8s. ; Drummer, £1 8s. ; Centinel, £1 4s. ; Armourer at the westward, £3." — Iloyt'a Indian Wars, p. 267. In addition to the regularly established garrisons, guards were stationed at Greenfield, Charlemont, Southampton, Iluntstown, 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, aj^proximating 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 hills and steep mountains, and anon, across foaming rivers or gravelly-bedded brooks. When an Indian track was discovered, a favorable point was chosen in its coui'se, and there was formed an ambuscade, where the partisans would lie in wait day after day for the approach o± the enemy. Nor 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, with ammunition and appurte- nances correspondent ; thus equipped,w"ith 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 sui-prise. Were it summer, the ground sufiiced 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 Yesuvius. 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 litter 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 PARTISAN 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 Uke 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 returned, 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 tight 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 mSTOET OF EASTERN VERMONT. [1755. Point. King was afterward carried to Prance, 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 following 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 driven 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 undertaking, they attacked the fort of John Kilburn, "situated near Cold river, about two miles from the j)resent 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 peace." 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- man's Fort, on Yernon meadow, a short distance below Fort Duinmer. On the spot where the original fort stood, which was burned by the Indians in 17-47, 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 whicli 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 2'7th, as the day on which this event occurred. Contemporaneous MSS. corroborate the date given in the text. 1755.] CAPTURE OF BRroOMAJST S FOKT. 75 the fort. On the morning of the day in which 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- tield, lying near the bank of the river. Eeturning a little before smiset, 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 prisonei*s. Gaffield was drowned in attempting to cross the river, but Grout fortunately escaped. The families of the sufferers 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, IVIary 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 Lidians proceeded about a mile and a half and encamped for the night in the woods. The 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 sufferings and the patience with which she had borne them. Of the other children, the young- est died, another was given to Governor de Yaudreuil 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 HISTORY OF EASTERN VERMONT. [1755. by Mrs. How, who 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 Succerively Relict of MefPs William Phipps, Caleb Howe & Amos Tute The two firft were killed by the Jndians Phipps July 5th 1743 Howe June 29th 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 Heroifrn She recovered the reft She had two by her laft Hufband Outlived both him & them And died March f^ 1805 aged 82 Having pafled thro more vicifTitudes 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 Dcflroy* 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 Captive," 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. 1765.] ATTACK AT HINSDALE 8 FORT. 77 the river, where he soon after expired. He was buried about 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. Tlie 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 Hardway.. H. Hist. Coll., T. 254. -N. 78 HISTORY OF EASTERN VERMONT. [1755. and Qiiimby, 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. Tliirty men from Northfield answered the summons, but their assistance availed only in bmying 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 plun- der and destroy. Liformation 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. Apphcation 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 in the woods around and near the foi't ; that during the past summer nineteen persons, living within two miles of it, had been " killed or captivated ;" that it was impossible to succor them 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 efibrts 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 purchased by tlie 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 kej)t his memory green in the hearts of succeeding generations, and added to his renowm 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 Plutchinson, who, with a committee from the House, were ordered to take such steps as they should deem necessary to accomplish this object. On the 4th 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 pursued with the Board of Trade. Letters were sent on the 25th, but no answer being received, the Secretary, on the 27th of December, 1753, again wrote for instructions. In 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 Massachusetts. 80 HISTORY OF EASTERN VERMONT. [1755. frontier of " what is now called Kew 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, 1755, the subject was again discussed before the Council of Massachusetts, and Thomas Hutchinson and WilHam 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 fuU representation" of the aifair, and praying for a speedy reimbm'sement of the charges which had been paid by the province. Thus 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 MSS, Mass. Council Records, xxi. 316. CHAPTER lY. THE FRENCH WAK. TOWN SETTLEMENTS. Command of Fort Dummer given to Xathan AVillard — Complaint against him — Indians in ambusli — 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 dLstin- 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 Benning Wentworth — Westminster char- ter renewed — Settlement of Towns on Connecticut River — Putney — Halifax — Marlborough — Wilmington — New Fane — Rockingham — Townsheud — Hinsdale. Although hostilities liad been continued in the provinces during the year 1755, war was not formally declai'ed between England and France until the beginning of the year 1756. Several exj^editions were partially planned, yet little was done during the camj)aign 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 Charlestown and on Ashuelot river in New Hampshire, also at Xorthfield, Greenfield, Deerfield, Fort Massachusetts, and at the stations in the Massachusetts cordon. The garrison at Fort Dummer having become reduced to three men, Capt. ISTathan "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. No sooner had WiUard obtained an increase of his force, than he com- meuced a pitiful persecution against these families whom he had been appointed to protect. Tliey, 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 17th of. May, memorialized the General Court 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 favour of New Hampshire. " Secondly ; as to their selling the province stores, both of powder and lead to Hampshire forts, as also to Hampshire soldiers. " Tliirdly ; as to the province guns lying about in y® said foil, 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 jDctition 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 Kathau, John Kathan Jun., Daniel Shattuck, Daniel Shattuck Jun., Joshua Cooper, Gideon Shattuck MSS. in ofBce Sec. State, Mass., Ixxv. 547 1756.] CONTINUED ASSAULTS OF TUE INDIANS. 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 w^ere 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 Lidians 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 thfeir escape. A good result was eff'ected 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 Indian vindictiveness and cruelty, which were constantly saluting their ears, aud 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 facilitating military operations in that quarter. As the result * A detailed account of this event and of others siinilar is given in Hoyt's Indian Wars, pp. 284, 285. 84 HISTORY OF EASTERN YEKMONT. [1756. of these deliberations, the following Yote was passed in the House of Representatives on the 10th of March, and met with the approbation of the Governor and Conncil. " 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 soui'ces of Black river and Otter creek. A military post at that place was deemed important, as it would afford 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 "WiUiams, upon this request, drew up a topographical sketch and description of the country, compiled from the journals and notations of ofhcers 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 furtlier directed to make a more accurate examination of the country ll'jo, 175(.] burk's rangers. 85 with tlie assistance previously voted, and to give such additional inturmation as might seem to him necessary. Owing to the number and hostility 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 usual forces at the commencement of the year, without waiting the requests of defenceless towns and almost 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 imder a ca^^tain and lieutenant, on the west side of Connecticut river, to range the woods north of FaUtown." The latter company — known as Rangers — under the command of Cajit. John Burk,f were stationed at Hinsdale's fort, on the east bank of the Connecticut. During the month of March they made frecpient marches through the neighboring country for the purpose of discovering concealed Indians. 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 incm-sion of the enemy on the western frontier dm-ing 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 * Hoyfs Indian Wars, pp. 286, 287. Mass. Court Records. f Captain Burk was present at the siege of Fort William Henry in Angust, 1T57, and belonged to the Massachusetts regiment, commanded by Col. Frye. After the capitulation, " he was seized, and after a violent struggle, was stripped of the whole of his clothes, and afterwards escaped into the woods. Straying in varioiis directions, he was overtaken by darkness in the margin of a morass, and, unable to direct his course, lay down in the thick grjiss 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 Foi-t Edward." — Iloyt's Indian Wars, p. 292. 86 HI8T0KY OF EASTERN VERMONT. [1758. enemy tlien burned the mills and departed, taking with them, in addition to the other prisoners, Thomas Bobbins and Asa Spaiford, 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 Englisli 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 Kew 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 Kew 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 Indians attacked the house of Capt. Fairbank Moore, situated on West river, in the townshij) of Brattleborough. Having surrounded the building, they burst in the door, and killed and scalped Capt. Moore and his son, bnt not until 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. 315; Williams's Hist. Vt., i. 37G-401 ; Life of Putnam in Humphrey's Works, pp. 250-2f56 ; Carver's Travels, pp. 181-186; Hoyt's Indian Wars, pp. 288-295 ; Belknap's Hist. N. H., ii. 298-300. 175S.] CAPTIYITT OF MKS. MOORE. 87 hastily drew on three pairs of Capt. Moore's long stockings, 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. Tliey 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- ure, having crossed the Green Mountains in the most inclement season of the year. Tlience Mrs. Moore and her children were taken to Montreal, where they remained in captivity until the year 1762, when they were all redeemed, and retm-ned to their friends.* On the 20th 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 month of September ; another account says February. Iloyt locates Mr. Moore's residence in Hinsdale; another 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 Is'ewman Allen, Esq. To an account of this transaction, which appeared in the columns of the Vermont Phoenix in the year 1849, 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 biirnt. 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 undoubtedly 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 HISTORY OF EASTERN VERMONT. [1758, 1759. In 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 feU 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 contidence, 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 Eobert 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 his arm gained that strength which, during the Kevolution, was so manfully exerted in defence of the liberties of his country on the field of Bennington. Although it was confidently hoped, at the beginning 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, stiU Massachusetts, early in the year, voted supplies for the defence of her settlements. Her ranging parties, and those of ISTew 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 21 st 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.] LETTER FKOM 2IAJ0K EOGEES. 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 ]^ew Hampshire from the depredations of the Lidians to which they had been for years exposed, spread j oy throughout the provinces ; and the destruction by Major Kogers, 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 accom]3lisliment of which their efforts had been earnestly directed. To these victories, the surrendry 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,* Eogers, to avoid his pm-suers, determined to return to Crown Point by the way of Number Four or Charlestown. Having reached Lake Memphramagog, 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," wi-ote 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. jSTotwithstandiiig, the oflicer 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's Indian Wars, pp. 802-306. Belknap's Hist. N. H., ii 302-305. Williams's Hist. Vt., L 428-433. 90 HISTORY OF EASTERN VERMONT. [1759. turned, taking all the provisions back with him 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. " Our distress upon this occasion was truly inexpressible. Our spirits, greatly depressed by the hunger and fatigues we had already sufiered, 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 afiord,* 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 wretched 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, likewise, 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 we came to "Wattockquitcheyf Falls, which are about fifty yards in length. Here we landed, and by a weathij: 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 our 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 "Withe. 1759, 1760.] GENERAL AMIIEESt's PLANS. 91 timber, who gave us the first relief, and assisted us to the fort, whence I dispatclied 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 went 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 affair. 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 Rogers 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 commander, having informed Governor Pownal of Massachusetts, that his operations would eflfectually protect the frontiers from further incursions of the enemy, Col. Israel Williams, by the governor'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 tlie strength of the French in Canada had been broken, yet the remainder of the season was too short to efifect the total subjugation of that province. In the sunnner 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 Goffe, 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 5th, 1759, in Journals of Major Robert Rogers; London, 1765, pp. 146-168. X Hoyfs Indian AVars, p. 307. 92 DISTORT OF EASTERN VERMONT. [1760. a road across the present state of Yermont, tlius opening a direct communication hj land between Connecticut river and Lake Cliamplain. The road began at Wentworth's Ferry, 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 ISTew Hampshire regiment were engaged in cutting the road, the trails of Lidians were occasionally seen in the adjacent woods, but no hostilities followed. The 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. Affairs in the colonies began now to wear a more cheerful aspect. The 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 8th of Septem- ber, became the possessions of Great Britain. Thus ended the war in America, and for the first time since the year 1689, 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 harvests. 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, tliat in the spring of the year 1759, Cai)t. Jolin Stark "was employed witli two hundred Pvangers in cutting a road from Tieonderoga to Charlestown, N. II." It is Y>vo- bable that Hawks and Stark were employed ou different portions of the same general route. \ Belknap's Hist. N. 11., ii. 306, 30*7. 1750-1 7 TO.] GRANTS BY GOVEENOE WENTWOKTH. 93 that period, was uow 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 precautions of this nature entu'ely useless. Although the enemy did not again appear in any considerable force, yet during the two or thi'ee 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, 1751:, had made grants of fourteen other to"svn- ships within the present limits of Vermont, now commenced a course similar but more extensive, by granting the township of Pownal, 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 o-f 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 to\vn- 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 AveriU, in said AVestminster," at Avhich 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 viUage. At a subsequent meeting held May 6th, several valuable lots of land were voted to Col. * See Appendix R 94 HisTOKY OF EASTERN vee:uont. [1750-1770. Willarcl, in addition to those lie then held, provided he should 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 whicli 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 the year 1766, more than fifty families were located in Westminster.* According to the census of 1771, taken by the order of Governor Dunmore of Kew 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 AYentworth, 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 1744, 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. Tlie 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 toweling pine, and the less tall but more expanded oak, butternut, and elm ; with streams whose devious courses aflbrded 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 WTestminster, are stated in the following language in the MS. volume above named: — "Provided he shall Build a Good Saw Mill 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. ITie Saw Mill to be built by the first Day of October next, and the Grist Mill in two years if the Town should Desire tiie 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 Continiie to keep b^ Mills in Repair. And it is to be understood that if the stream that is in e,^ land be not sufficient for Constant Water for a Mill, then the said Town is to Provide a stream for s-^ Mill to be built upon, and Land for the Conveniency of building s"* Grist Mill on, or the said Willard to be Exempted from building &<• Grist Mill." See also Land Papers in Office Sec. State, N. Y., vol. xix., under date October 1st, 1765; vol. xxL, under date June 25th, 1766. 1Y50-1770.] SETTLEMENT OF PUTNEY. 95 Earl J in the autumn of 1762, Lieut. Joshua Hide purchased in Putney 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 I^orthfield, Massachusetts, or to Chesterfield or Westmoreland, New Hampshire. In 1164, 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 settlei*s 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- j amin 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 bam of James Cummmgs, 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 Pmitan, but pruned of the severity, dissimulation, bigotry, and intolerance, which were too often manifest among those who bore that venerated name. In 1768 Noah Sabin of Rehoboth, Massachusetts, afterwards distinguished in the annals of Cumberland count)-, removed to Putney. Tlie town was char- tered by New York on the 14th of November, 1766, and on the 8th of May, 1770, it was organized, and town officers were chosen.* * From two MS. " Historical Sermons," preached at Putney, by the Rev. E. D. 96 mSTOKY OF EASTEEN VERMONT. [1750-lTVO. The township of Halifax, the second in the state granted 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 1*768 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 Lockliu's, on the farm now owned by the Hon. P. AVhite, 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 fiirm of Jonas Keyes Jr. At that time there was no road from 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 1708 the Hon. Koah Sabiu 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 lion. 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. Kot 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 1*765 or 1766. The first gi-ist-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 3-ear 1770, by Peter Wilson, a little west of the house of the Hon. John Noycs, 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. The first meeting-house was built in 1773." Many changes have taken place since the Rev. Mr. Andrews collected these minute details of the earl^- 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. 1Y50-1Y70.] SETTLEIMENT OF MAELBOEOUGn. 97 ficiencj," and altliougli the township consists ahnost entirely of " mountainous lands," and was then veiy heavily " loaded with timber," yet the proprietors were sanguine that their settlement would at some future period " prove beneficial to the public." Tlie township of Marlborough, after having been chartered by New Hampshire by that name, on the 29th of April, 1T51, and again on the 21st of September, 1Y61, was chartered as New Marlborough, on the 17th of April, 1764. 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 princij)al 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 run 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, chainmen.* The 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 grandson, 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 November 12th, 1*764, October 7th, 1*765, and August 5th, 1766; also from Charles Phelps and his asso- ciates, dated October 15th, 1765, and October, 1766, in Land Papers, in office Sec. State, N. Y., vols, xvii., xx., xxi. Records in Town Clerk's office, Marl- borough. ■j- The first birth in Marlborough was that of Aaron Stockwell, son of Abel Stockwell Jr. and Patience his wife, which took place July 9th, 176S. Abel Stockwell Jr. was the sou of Abel Stockwell, the first settler. 7 98 HISTOKT OF EASTERN VERMONT. [1750-1770. one another without becoming acquainted, each supposing that his own family was the only one in the town. On account 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 drove 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 calling 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 afforded 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.f * This meadow is now covei-ed 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. f " 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, sitiiated at the mills known as the Underwood mills, a distance of not 1750-1770.] TOWNSHIP OF NEWFAJSTE. 99 In 1764, tlie year following the arrival of Stockwell and TThitniore, Charles Phelps, a lawyer from Hadley, Massachu- setts, removed with his family to Marlborough. 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 beginning having been made, the poj)ulation of the to^\^l increased gradually, and before the close of the year 1766, the number of settlers amounted to twenty-seven.^ The town of AVilmington 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 IS^ew 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 famiHes had become inhabitants 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 the town, in the year 1771. By the name of Fane, the township now known as ISTewfane, was granted by ISTew Hampshire on the lOtli of June, 1753, to Abner Sawyer and sixty-seven others, his associates, many of whom were inhabitants of Shrewsbury, Massachusetts. At- tempts w^ere 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 81st, 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. May 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. Ephi'aim 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 HISTOEY OF EASTERN VERMONT. [1750-1Y70. November, 1761, to Benjamin Flagg and sixty-four other gran- tees, and its present name was given to the town.* Li May, 1766, a settlement was commenced by Deacon Jonathan Park, Nathaniel Stedman, and Ebenezer Dyer, who emigrated from Worcester comity, 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 10th 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 au account of the situation of the township of New Fane. Ecferring to the second charter issued by New Hampshire, they said : " Tour petitioners have, agreeable to the demands of said Charter, 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 Claim to all the Land West of Connecticut River (then chartered out by the Governor of New Hampshire) as belonging to the Government of New York." They also stated that the doubts whicli 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, 17*72, 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, Massachusetts. 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, 1767, 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 28th, 1767, vol. xxii. ; Thompson's Vermont, Part 111., p. 126. 1750-1770.] THE OLD TOWNSHIP OF HEvSDALE. 101 eel bejond dispute. There is, however, a strong presumption that at the time when AVestmiuster was granted, by the name of " Number One," Rockingham received similar privileges from Massachusetts, under the name of " Number Two." Pre- vious to the year 1750, the township was known as Goldens- town. A. charter having been obtamed from New 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. " Tlie 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." Notwithstanding 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 uninlia- bited. In the year 1761, the fij'st 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 new settlement dm-ing 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. J^ven 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 mau, 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 HISTOKT OF EASTERN VEKMONT. [1750-17Y0. of October, 1802, when the name of Hinsdale, in Yermont, was changed to that of Yernon. Tlie date of the first grant is not accurately known. Li a petition, still extant, from Samuel Hunt, by his attorney Oliver Willard, which was presented to the provincial government of New 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 Lidians and granted by the province 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 Kne of separation, and each town was known as Hinsdale. Portions of the town since known as Yernon were subsequently chartered 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 King's decision of the boundary line between New York and New Hampshire, which decision was made on the 20th of July, 176-1, the Rev. Bunker Gay was settled at Hins- dale, in the " work of the gos2')el 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 1750-1770.] THE REV. BUNIvEK GAT. 103 him tliree liundred 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 landholder 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. FIKST SETTLEMENTS. Brattleborough — Fulham or Dummerston — Tlie " Equivalent Lands" — ^Frauds — John Kathan — Chester — Guilford — Peculiarity of its Organization — Grafton — Hartford — Norwich — Plymouth — Reading — Windsor — Pomfret — Hartland — "Woodstock — Thetford — Sharon — Sj^ringfield — Weathersfield — Fairlee — Guild- hall — Cavendish — Andover — Bradford — Lunenburgh — Newbury — Col. Jacob Bayley — Immigration. The first civilized settlement within the boundaries of Ver- mont was made at Fort Dnmmer, in the south-eastern corner of the township subsequently known as Brattleborough, in the year 1724. Tlie charter of Brattleborough was issued by ITew Hamsphire on the 26th of December, 1753, but several years 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 town owes its name. Josiah Willard, Nathan Willard, David Sar- geant, David Sargeant Jr., John Sargeant, Thomas Sargeant, John Alexander, Fairbank Moore and son, Samuel "Wells, and John Ai'ms, were among the first settlers, and were all from Massachusetts, with the exception of John and Tliomas 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. Tlie latter was carried into captivity, 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- 1Y50-1770.] 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 wliich 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 1T16, 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 official capacity, and in accordance with the 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 place " 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 disj^osing 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 will be a meeting at the time and place, and for the ends aforementioned, and they are hereby desired to gijre their attendance accordingly." The " Equivalent Lands" were afterwards allotted by mutual agi'eement, and it is probable that the allotment took place at tlie meeting notified by the above warrant. . The tract situated above Northfield, including portions of the present towns of Put- ney, Dummerston, and Brattleborough, fell in the partition to 106 HI8T0KY OF EASTEEN VERMONT. [1Y50-1Y70. William Diimmer, afterwards Lieutenant-Governor of Massa- chusetts, Anthony Stoddard, WiUiam Brattle, and John White, " and a deed thereof" was made to them by Gurdon Saltoustall and others, " as their part and proportion." Between the years 1744 and 1750, when attention was first aroused to the subject of settling the lands on Connecticut river, situated between the north line of Massachusetts and Kumber Four, the idea was prevalent that Governor Wentworth of jS^ew 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 fii*st choice of lands ; and in case they should re- fuse to take out charters under ]^ew Hampshire, then to extend the privilege to whoever should next apply. In the year 1750 Joseph Blanchard of Amherst, N^ew 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 JS'ew Hamp- shii'e 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. The name Fulham* 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 j^articular 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 formerly belonging to Governor Dummer, one quarter part of the " Equivalent Lands," and to the heirs of Anthony Stod- dard, to the heirs of John White, and to William Brattle, each, a * In old documents, the name is spelled Fullmn, Fullham, and Fulbam 1750-1770.] ALLEGED FEAUDS. 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 Wentwortli had recommenced 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." I^otwith- standing this declaration, Dana received, on the 8tli 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. Tlieodore Atkinson, the Governor's secretary, was very merry when this claim was profifered, 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 ofiF the township of Bernard on the 17tli 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 Wliite 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- dred 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 HISTOKY OF EASTERN VEEMONT. [1750-1 YYO. manuscripts, soiled land papers, and formal depositions are silent.* Soon after tlie 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 township, and in the year 1Y54:, according to his own account, removed there, " with his wife and seven or eight helpless cliil- dren." Possessing the qualities of industry and perseverance — qualities esj^ecially 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-hoiTse, barn, and all necessary oflSces, 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." Misfortime rendered his toil more severe. * MSS. in connection -with a deposition made by Israel Williams, June 29th, 1786. Deposition of Joseph Blanchard, dated Amherst, N. H., August 7th, 1787. 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 townships, the greatest part of the lands belonging to the heirs of Wm. Dumer eing asked whether it would not have been better had a com- nuttee been delegated to proifer the request of the people, he answered, that if those who had gone committed no violence, they coidd 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 undeserying 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 AYells, Joseph Willard, * MS. deposition of Elijah Grout, relative to Thomas Chandler, Jr. 236 HISTORY OF EASTERN VERMONT. [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 Butterlield, 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 Cim- 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 would 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 w^ere charged were ever subjected to a legal investigation. The war of the devolution 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 exjDresses, Church and Han- cock. The Council were immediately summoned, and were in- formed by Lieutenant-Governor Colden, 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 Assembly then in session, together with a message " warmly urging them to proceed immediately to the consideration" of such measures * New York Gazette, Monday, April 10th, 1775. 1775.] MESSAGE FROil THE LIEUTENANT-GOVERNOR. 237 as would prevent the recurrence of " Evils of so Alarming a Nature," and bring " the principal Aiders and Abettors of such Violent Outrages to Condign Punishment." The depositions were prepared on the 22d, and having been witnessed by Daniel Ilorsmanden, 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 : — " Gentlemen : You will see, with just indignation, from the papere I have ordered to be laid before you, the dangerous state of anarchy and confusion which has lately arisen in Cmnber- land county, as weU as the little respect whicli 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, poHcy, 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 will therefore be found to be not only true benevolence, but also real frugality, to resist these enormities at their commencement ; and I am pereuaded, 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 proniotion of the peace and felicity of the colony." The 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 Avitnesses were re-examined. By a vote of Iburteen 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 HISTOET OF EASTERN VEEMONT. [17Y5. ants of tlie county of Cumberland 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 applied for the purposes enume- rated in the report." 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 Ti-easurer 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 approjDriation 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-two pounds nineteen shillings and one farthing, the amount claimed, Avas 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 sufferers were reimbursed by the appro- l^riation, yet the general effect upon the county, as far as the control of the conduct of the inhabitants was concerned, was scarcely perceptible. In 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 j)Ounds for this purpose, which is much too small a sum ; but the party in the Assembly who have opposed every measui-e 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.] LnrcT.-GOV. colden's dispatches. 239 ■waiting for an answer from General Gage, to Tvliom I have ■vn-ote 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 woidd not be a sixpence of property left among them." Li answer to the request of Colden, it was commonly reported at the time, that Gage, who was then at Boston, sent a number of arms to ISTew 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.* Inasmuch as the inhabitants of Bennington ajid the vicinity who held under !N^ew Hampshire, had for some years previous been engaged in quarrels with the Kew York settlers, there are those who have supposed that the doings at Westminstei must have originated in disputes regarding the titles of land. Tliis opinion is veiy erroneous. Less than a month from the time of the affray, Colden, in his official dispatches to Lord Dartmouth, commenced an accomit 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 ]\Iassachusetts 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 county have not been made uneasy by any dispute about the Title of their Lands. Those who have not obtained Grants mider this govermn', live in quiet possession under the grants formerly made by New Hampshire. The Eioters 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 N. Y., vol xlv. Doc. Hist N. Y. iv. 915. 240 HISTOBT OF EASTERN VERMONT. [1775. make one common cause of it, though, they have no coimection 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-ton Mob" 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 13tli of March have been styled in these pages a mob, a riot, and an affray, 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 word 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 removing 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 o]3pressed, these deter- mined men resolved to achieve 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 WiUiam French the title of the proto-martyr to the cause of American liberty and of the Revolution, it may chance that but few will be found willing to allow him such an honor. Lexington and Concord point witli pride to their battle- grounds, and Charlesto%vn boasts of her Bunker HiU, on whose top towers the symbol of our national strength, the personifica- 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 fii'st victim, and that in his grave were buried all hopes of reconciliation with the mother country. When the Grecian waxrior consulted the oracle at Delphi, iTTo.] THE PKOTO-MARTYK OF THE RETOLUTION. 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 feU, every wound in his body became a mouth which called for vengeance, and jBrom every drop of blood there sprang forth a hero, not in embryo, but armed, to battle bravely for his country.* • Sec Appendix I. CHAPTER X. THE FIRST TEAKS OF THE EEVOLUTION. The " Friends of Liberty" — Patriotism of the " Guilfordites" — ^The 'Westminster Resolutions — The New York Provincial Congress — " County Congress " at Westminster — Deputies from Cumberiand County — Proceedings in Gloucester County — Town Associations in Behalf of Freedom — Efforts 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 — Efforts to allay Discontent — Dorset Convention — Loan from the Pro- vincial Congress — Jacob Bayley chosen Brigadier-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 — P^angers — Joab Hoisington's Com- mission as Major of the Rangers — Under-Offieers Nominated — Proposition to make the " Grants" a Separate District — Views of the Inhabitants of Cumber- land County on the Subject — Stevens and Sessions's Declarations in the New York Convention — Report upon the Condition of Cumberland County — Pre- parations to meet Gen. Carleton — Divisions in the Cumberland County Com- mittee of Safety — Separation from New York inevitable. The events of the 13th of March were an expression of the disKke of the majority of the inhabitants of Cumberland county to the pohcy of Great Britain. The determination mani- fested on tliat 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 every- where apparent. Tliough the path of revolution was often- 1775.] PATRIOTISM OF THE " GUILF0KDITE5." 243 times shrouded in darkness, yet, from that period, each step in 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 Tryon 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 aU 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."t The 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, 1775, in Brattleborough Semi-Weekly Eagle, Thursday, Jime 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 oflBcers. 24-i HISTORY OF EASTERN VERMONT. [lT75. " our opinion," these committees declared, " that our inhabit- ants are in great danger of having their property unjustly, cruelly, and unconstitutionally taken from them by the arbitrary and designing administration of the government of ISTew York, sundry instances having already taken place ; that the lives of those inhabitants are in the utmost hazard and imminent danger under the present administration, witness the malicious and horrid massacre of the 13th ultimo ; that it is the duty of said inhabitants, as predicated on the eternal and immutable law of self-j)reservation, to wholly renounce and resist the administra- tion of the government of JSTew 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 pro]3er 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 Col. 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 joined 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 20tli of April, at which delegates from nine counties were * Slade's Vt. State Papers, p. 60. American Archives, Fourth Series, 1776, voL iL col. 315. 1775.] THE NEW TOEK PBOVrXCIAL CONGEESS. 24:5 in attendance. Cumberland and Gloucester were not repre- sented. Tlie session lasted three days. Soon after its close circular letters were dispatched to all the counties in the pro- vince, notifying the project of establishing a Provincial Congress. Pursuant to this call, deputies from difierent parts of the pro- vince assembled at the Exchange in the city of JSTew York, on the 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 ensue 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 inhal^it- 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 Kights 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 his 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 committee 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 iip their taxes " 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 Grean Brush, Esquires, but it will be put to the real interest of the county, in paying its just debts." 246 HISTORY OF EASTERN VERMONT. [1775. to abide bj the principles whicli 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 liave," said they, " many brave soldiers, but, unhappily for us, we have nothing to fight with." As a full endorsement of the efforts which were then being made to establish concerted action. Col. John Hazeltine of Townshend, Dr. Paul Spooner of Hertford, and Maj. William WiUiams of Westminster, were chosen delegates to represent the county in the ISTew York Pro- vincial Congress.* Soon after their appointment they proceeded to New York to engage in the duties incident to their position. They were the bearers of a letter from Col. Hazeltine containing an account of the late " Congress." This communication, fraught with patri- 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, t}Tannick, and sanguinary 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 spirited, 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, Maj. Benjamin Wait, and Capt. Joab Hoisington, 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 N. Y. Prov. Cong., i. 1, 5, 7. Am. Arch., Fourth Series, 1775, voL ii. cols. 851, 918, 919, 1'24:1, 12-12. Credentials of Delegates, in office Sec. State, N. Y., 1775, p. 103. 1775.] THE NEW TOKK rKOVDfCIAL CONGEESS. 247 tlie utmost cheerfulness and alacrity, to unsheath 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, enterprising soldiers," in order " to keep imder 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 town 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 WilHams and Spooner were present until the close of the session. The latter gentlemen, having given 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. T. Prov. Cong., L 95; il 53. f Journal N. Y. Prov. Cong., il 50, 60. Am. Arch., Fourth Series, 1175, vol ii. cols. 934, 935, 938, 939. 2-iS HISTOKT OF EASTERN YEEMONT. [1775. mittee was chosen " to receive information of the members of that county 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" Ml.^- 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 tlie community. The committee of correspondence 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 Dummer, which were left there when that garrison was dismantled, and one at Fort Hinsdale. Tliese 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 their rules of action the resolutions passed and promulged by the Continental Congress during the months of September and October, 1774. A similar association, with the same number of members, was formed at Springfield on the 26th of July, and on the 31st of the sam'e month twenty-one of the twenty-four freeholders of Weathersfield united in completing a similar organization.f About the same period, Capt. Elisha Benedict of Albany, by the direction of the New York Provincial Congress, was en- gaged in forming military companies in Cumberland county, * Journal K Y. Prov. Cong., i. 49, 51, 69-71, 82, 86. Am. Arch., Fourth Series, 17*75, vol. ii., cols. 1309, 1314, 1345, 1348, 1777, 1793, 1798. f In Townshend 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. AVashington." 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., I 228. lYTo.] A MILITIA BILL. 240 which were to be comprised in two regiments, called the upper 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 Pi'ovincial 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 certificate to this efiect, signed by James Clay, the temporary chairman of the convention, William Wil- liams appeared in Isew 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 eftective, a militia bill, reported by Anthony Hoff- 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 comprise " the militia of the counties of Charlotte, Cumberland, and Gloucester."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. Tie was also * Revolution, Military, in office Sec. State Mass., 1115-MSS, p. 270. Am. Arch., Fourth Series, 1775, 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 Civil and Military 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 M&j previous, to Col. James Rogers 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 j-ears 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 HI, p. 103. 250 HISTORY OF EASTERN VERMONT. [1775. present at tlie re-assembling of tlie Provincial Congress on the ■itli 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. Tlie dissolution took place on the 4th 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 14:th of I*^ovember, the day on which the newly-elected delegates were to convene in the city of J^ew York, it was found that a majority of tJie counties in the j^rovince were not represented. For the purpose of maintaining the show of authority, informal meetings were held day after day. Such letters as demanded immediate replies were answered, and de- spatches were 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 aj^peared and presented his credentials, was, on the 20th, admitted as the deputy 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 affairs of his district, he announced the appointment, by the committee of safety for Cumberland county, of Col. James Pogers as brigadier-general for the bri- gade of Cumberland, Gloucester, and Charlotte counties, and recommended certain men as field and staff-officers for the militia of the county which he represented. Owing to the readiness manifested in different parts of the province to second the views of the Congress in the organiza- tion of the militia, the plan which had been adopted a few * Journal K Y. Prov. Cong, i., 87, 89, 105, 114, 135, 137, 139, 146, 163, 165, 195, 197. Am. Arch., Fourtli Series, 1775, vol. ii., cols. 1799, 1800; vol. iii. passim. 1775.] SPIRIT OF DISAFFECTIOX. 251 months previous was 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. *Tlie 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 Kew York a protest against the pro- ceedings of the Westminster convention, at which field-officere 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." Tliey 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 affairs 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. Redress of grievances of this nature was sought for. Tlie 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 inhabitants of Dummerston. In * Journal N. Y. Prov. Cong., L 180, 195, 197, 199, 205, 226, 228-231 ; iL 99. Am. Arch., Fourth Series, 1715, voL iiu coL 1330. 252 HISTORY OF EASTERN VERMONT. U-^^^j 1TT6. this, tliey denounced the proceedings of the convention, and declared the choice of tield-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 ISTorton 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, New Hamp- shire, to the secretary of the New York Congress, written on the IStli 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, was 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 the 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 ^vhich Dr. Spooner, of Cum- berland county, was a member. As no objection had been oftered to the officers who had been nominated for the upper regiment and for the regiment of minute men, they were pre- sented with commissions, signed by Pierre Yan Cortlandt, the chairman, and John McKesson, the secretary of the committee. A recommendation was at the same time given to the commit- tees of Cumberland, 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 return 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 Scries, 1775, vol. iii. cols. 429-481. 1776.] LETTER TO THE COMMITTEE. 253 be elected pursuant to the resoh^es 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." The people of the county were also informed, that, in case no nomination should be made by their immediate representatives in county convention, the ofiicers of the lower regiment would be aj^pointed 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 ex]3ressed in this communication, and surprise was shown that greater readiness had not been evinced to engage in behatf 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, respect- able county committee to be elected in your county, if that has not already been done. Let every son of freedom employ his utmost eiforts 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- sons to whom they had been assigned. Supplied with money from the treasury of the Provincial Congress, he departed, on the 10th of January, in the hope of being able to " restore una- nimity and harmony" among those whom he represented.* The spirit which had actuated the conduct of the people west of the Green mountains, previous to the year 1775, and which for more than a year had lain dormant, began now to manifest * Journal K T. Prov. Cong., i. 237, 238, 242, 243; ii 148. 254: HISTOBT OF EASTEKN VERMONT. [17Y6. its presence in a less violent but more determined manner. A convention was called at Dorset, on the 16tli of January, for the 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 "subject 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 Febiiiary, 1776, were. Col. Joseph Marsh, of Hartford, and WiUiam "Williams. The former waa absent during the whole of the session, and the latter did not present himself at New York until the 24th 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 ou 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 June, 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 CUMBEBLAND AND GLOUCESTER COUNTIES. 177G.] A LOAN. 255 nominations of field and militia officers which had been made both by the representatives of the people of Cumberland, and by the people themselves, having been presented by him, on the 2Gt]i 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 fm-nish their delegate with the money " neces- sary to supply his present necessities." In this emergency, Peter Yan 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 diiferent 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 Newbury, and Simon Stevens, of Sj)ringfield, were recommended to the Provincial Congress as worthy and acceptable candidates for the respective ofiices of Brigadier- General and Brigade-Major.f It was not deemed proper, * Journal K Y. Prov. Cong., i. 293, S2], 324, 331, 856; ii. 122. \ An acccunt of this meeting was forwarded to the New York Provincial Con- gress, by Col. Joseph Mai'sh, one of the deputies from Cumberland county. 256 HISTORY OF EASTERN VERMONT. [1776. lio-wever, to sanction appointments of so high importance without first obtaining the 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 quota 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, ofiered to the non-commissioned officers and privates of the battalions 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. T. Prov. Cong., i. 483, 488, 496 ; ii. 201. 17T6.] MEETING OF THE COMMITTEE OF SAFETY. 257 In Cumberland 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, IVVG, 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 wufe, was by the decree of the committee committed to prison. Another, who like a second Naboth was suffering from the covetousness of some townsman Aliab, 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 eveiy person who bore the suflix of " Gentleman," by civil or mili- tary commission, should be exempted from " general training." The public accounts of the county were examined by a special 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, Hinsdale, Kent, . Marlborough, Newfane, Pomfret, Putney, Rockingham, Springfield, Townshend, Weathersfield, Westminster, Windsor, Woodstock, . Israel Smith, John Sergeants. Jolm 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 HI8T0KT OF EASTERN VEEMONT. [1776, Persons were appointed 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. Measures were also taken to pei'fect the organization of the minute-men of the county, and to raise soldiers for the Canada service. To eftect the latter object the colonel of the lower regiment, and one sub-conniiittee man from each town compre- hended in that regiment district, were desired to assemble and appoint one captain and two Ueutenants, as officers of such men as might enlist for the northern expedition. A similar request was also proffered to the colonel of the U23per regiment, and times and places for meeting were agreed upon. In compliance with the requisition contained in a handbill directed to the committee, an election for delegates to the ISTew 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. Tlie instructions were in these words : — " Gentlemen, — Having received a handbill from the Honour- able Provincial Congress, recommending to the inhalntants of the county to choose delegates and invest them [with] power to establish a form of government, tfec. 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 think it our indispensable duty to give you the following instruc- tions ; and reposing the highest confidence in your honour and integrit}^, do rely upon it, that you will, to the utmost of your power, endeavour to carry the same into execution. We trust 1776.] INSTEUCTIONS TO TIIE 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. We further- more beg leave to say that, in our opinion, the representatives duly chosen in the several counties in this colony, when con- vened at ]!^ew York, to all intents and purposes have full power of legislation, and that it would greatly abridge the peo- jDle 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 literature so that ministers of the gospel may be supported, and schools set up, which must have a tendency to promote virtue and good manners. " Third ; we think it Avould 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 the same time, we desire that men of character, integrity, know- ledge, and virtue, w^lio belong to our own county, may sustain the ofiices 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 properly 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. [1776» actions, of all misdemeanors in the county, passing within 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 natui'e we are all formed. Therefore, we humbly request we may be indulged in this particular. We desire that each town in this county may nominate their own justices, and that they may not be appointed without such nomination. That justice, religion, and virtue may prevail in this colony, and that peace and tran- quility may be restored through America, is the sincere desire 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 toj)ic 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. In 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. ITTG.J LETTER TO THE PKOVINCIAL 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 pro]3erty of the people. This 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 instructions 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 acceded to, and fully meant and mtended 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 reserved to themselves and their heirs, ifec, tlie full liberty of pursuing their former petition in behalf of the i^eople, 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 offering their pleas, arguments, and proofs, m full, to effect a reimion thereof, to that ancient jurisdiction, for those important reasons to be adduced when, where, and before whom the parties concerned shall be admitted to offer the same." This letter was signed by James Clay, chairman of the com- mittee, and was attested by the clerk. As soon as the majorit}' of the members had assented to it, Elkanah Day, John Eridg- 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 Tork, their names appeared among 262 mSTOKY OF eastern VERMONT. [1776. tlie opposition. Botli 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 Dummerston, 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 dejDOsited 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, " I^ecessary 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 The detec- * Journal N. 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 YORK PROVINCIAL CONGRESS. 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 Eang'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 ISTew York 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 Congress of th'e Colony of N'ew York," to that of " Tlie Convention of the Eepresentatives 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 already 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, 1776, it was stated that Col. Marsh would convey the powder to its destination, " via Connecticut river." — Journal N. Y. Prov, Cong., i. 511, 519. * MS. records Cumb, Co. Com. Safety. 264 HISTOKY OF EASTERN VERMONT. [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. Exj^osed 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, Cumberland, 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 afford 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 from 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, Curtenius, or his order." i. 384. " June 29th, 1776. 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 1 1th, 1776. Resolved, That the general committee of 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. 177G.] OKGANIZATION OF RANGING COMPANIES. 265 named counties, to scour tlie woods and expel tlie Indians who infested tliem. Cumberland and Gloucester were ordered to raise, together, two hundred and fiftj-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 officer was required to " march to the relief of any of the neighboring coun- 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 officer commanding in the northern depart- ment." A provision was, however, inserted, by which " the con- tinental officer" was not permitted to order the companies beyond the limits of the counties of Cumberland, Gloucester, and Char- lotte. Tlie pay of the officers and j^rivates was the same as that of the continental troops. A bounty of $25 was allowed to each non-commissioned officer 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 pajTnent of the first half of the bounty, the simi of £1200 ■was advanced to the deputies of Cumberland county. — Journal N .Y. Prov. Cong., i. 539, 640. f As the style of this commission is somewhat novel, a copy of it is here inserted. 266 HISTORY OF EASTERN VEEMONT. [1776. In consequence of tliis organization, the Convention ordered Mr. Curtenius to deliver to Messrs. Marsli, Stevens, and Ses- sions, "for the use of the rangers and inhabitants" of Cumber- hmd and Gloucester counties, the supply of lead which had l»een previously allotted to these counties. The deputies were also supplied with two thousand flints, and the treasurer of the state was 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 militia 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 jS'ewbury, 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. nies, 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 the 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 time 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 the present war, imless 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-six. " By order of the Convention." —Journal N. Y. Prov. Cong., i. 540, 541. * See ante, p. 249. 1776.] JOINT MEETING OF COMMITTEES. 267 of Si'tringfield, major.* Altliongli, on account of their poverty, tlie inhabitants of Cnmberhand county -were unable to give but little pecuniary assistance towards carrying on the war, yet the state of New York did not on this account withhold from them her aid. The return which they made by levies of men was, it is true, a partial recompense for the means of defence with which they were furnished. But there was wanting on their part the spirit 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. Tlie ap- pointments from the former comity 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 jMajor Hoisington 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. f Journal N. Y. Prov. Cong., i. 515, 519, 621, 638-540, 543, 651, 552. X Much dissatisfaction seems to have prevailed at the time as to the manner in which the meeting at Windsor was 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 uuwill 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. Tliese objec- tions were, however, overiniled by Major Hoisington, who declared that a quo rum was not necessary to transact the business for which tliey 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 EASTEEiSr VEEMONT. [1776. The dissatisfaction with the jurisdiction of ]S^ew York, which on the western side of tlie Green mountains had again become prevalent, was now beginning to sliow itself in another quarter. At a meeting which had been held at Dorset, on the 24th 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 ^N^ew 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 m'eeting had been agreed on.'^ When the committees of Cumberland and Gloucester counties assembled at Windsor, on the 6th of August, as previously men- tioned, to nominate officers for the ranging companies, Heman AUen, 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- vice were read in the New York Convention on the 2Gth of September, 1776, and •were "before the house several days. On the loth of October commissions were granted, and on the '23d tlie officers were "sworn to the faithful discharge" of their respective duties. — MS. Records Cumb. Co. Com. Safety. Miscellaneous Pa- pers in office Sec. State N. Y., xxxiv. 587 ; xxxv. 315 ; xxxvL 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 !Mii.itaev OifFicEBS of Cumbekland 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 i-isk of our lives and fortunes, to defend by arms the United American Colonies against the hostile attempts of the British fleets and armies, until tlie present unhappy controversy between the two countries shall be settled." — Journal N. Y. Prov. Cong., ii. 311 MS. Records of Chester. 1776.] VARIOUS TOWN-IIEETINGS. 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'^'^ieople 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, thej would have no opportunity to withdi'aw 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 26th 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 IS^ew 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. Tlie lit- tle leaven of dissatisfaction had worked its effect in silence, and the whole lump was fast becoming assimilated.* * Miscellaneous Papers, in office Sec. State N. Y„ xxxri. 193, 197, 233. Jour- 270 HISTORY OF EASTERN VERMONT. [1YY6. While tlie inhabitants 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 ISTew York Convention. Major Hoisington 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, offered 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 ISTew York ; that the state had " already been at great exj^ense " for the county, and that further expenditures on its account ought not to be made until the jurisdiction of Kew York should be fully acknowledged by its inhabitants. Messrs. Stevens and Sessions were then asked whether, as representatives, they acknowledged the jm-isdiction 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 any division in the county, as some few towns in the county were 02:)posed 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 to%vns gave none ; that he conceived the credentials from nal N. T. Prov. Cong., ii. 311. Slade's Vt State Papers, pp. 66, 67. Doc. Hist. N. Y., iv. 923, 924. * See ante, pp. 260, 261. 1T7G.] REPORT OF THE CO^^IiinTEE. 271 the county gave liim " full and unrestrained power in forming a government," and tliat 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 j^ursii- 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 informed 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 thoroughly, 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 with 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 Iloisington. In support of these objec- tions it was stated that there was no evidence from the muster- rolls, which had been I'cturned, that the officers and privates tlierein mentioned, had furnished themselves with the accoutre- ments required, or that other preliminary mattei*s 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 topic, 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 EASTEEN VERMONT. [1Y76. ants of Cumberland, at the 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 inliabitants 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 such an important and decisive conjuncture, your committee cannot but lament that any of the inhabitants of the county of Cumberland should suffer 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 bm'then of 1Y76.] REPORT OF THE COMMITTEE. 273 the present crnel and expensive war to be sustained by the rest of the community. Kthe 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. [1776. 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 $6,412|, being the remaining part of the bounty money, and month's wages, 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 Hoisington, 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 retm-ns agreeable to the directions of Convention ; " Second : Resolved, That 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- blishment of the said rangers ; for that purpose consulting with the general committee of the said counties. Tliat 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. That 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 the uninformed, or which may be encouraged by designing men, and use their endeavom*s to remove the same, and to frus- trate any attempt to sow the seeds of jealousy and disafiiection. And, lastly, that they represent to the committee of the said county of Cumberland, the wisdom and pro]3riety of a revision of the said letter, and of an um*eserved 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 with the resolutions which had been passed. The treasurer of the state * Miscellaneous Papers, in office Sec. State N. Y., 1716, xxxv. 478-484 1776.] MEASURES FOK PEOTECTION. 275 was ordered to pay the sum demanded by Major Hoisington, and $200 additional, to defray tlie expenses of the committee appointed to visit the county. At the same time the commis- sary of the 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 G-enerals 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. The 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 mSTORT OF eastern VERMONT. [1776. Owing to the excitement prevailing in Cumberland comity 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 l^ovembei*, 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 inhabitants respecting a revolt from New York. In giving an account of this afi'air 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 afikirs 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 peoj)le 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 gi-eater 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 K T. Prov. Cong., L 587, 646-648, 657, 659-662, 676, 684: ii. 317. Williams's Hist. Vt., ii. 82-88. Miscellaneous Papers, in office Sec. State N. Y., XXXV, 148, 149. 17Y6.] LETTER OF MK. CHARLES PHELPS. 2Y7 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 November, 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 def)rived 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 Nature " 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 affairs 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 dealing 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. Those 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 with 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 HISTOKY OF EASTERN VEEMONT. [17T6. 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 appointed by this body, to take under consi- deration the expediency of tlie 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 tliat 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 Hon^'® the Continental Congress for their wise determination. We still mean to pay all due deference to the state of New York, and pay our j^roportion of the necessary charges of the state." Tliis 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 effected, the commit- tee of safety was adjourned to reassemble on the first Tuesday of June, 17TY, " and not sooner except on emergent call." So discordant were the elements of which the county was 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 Brattleborougli on the 2d of December. An attempt was then made to prepare 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- 1776.] DISCOED AMONG THE KAI^GING COMPANIES. 279 sired them to lay before tlieir colleagues sucli a description of the state of the county as the circumstances would warrant. This was the only business transacted, 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 Kew 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 Kes 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." Tlie 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 1776, the disaffection had become so general that many of the principal men were ready to announce their secession, and join 280 HISTORY OF EASTEEN VERMONT. [17T6. in forming a free and independent state, to include the whole of the New Hampshire Grants lying between Connecticut river and Lake Champlain.* * Miscellaneoua Papers, in office Sec. State K T., xxxvi 191-196, 199-235 MS. Records Cumb. Co, Com, Safety. Journal N. Y. Prov, Cong,, ii 210, 214, 815. MS. Kecorda of town of Chester. Doc, Hist. N. Y,, iy. 922, 923. CHAPTER XI. THE FOKMATION OF THE STATE OF VEEMONT. Disaffection of the Inhabitants of the " Grants" towards New York — The Rangers — The Westminster Convention — " New Connecticut, alias Vermont" — Report on the condition of Cmnberland 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 Approach 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 1776, 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, they 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 ojjportunity 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 oflicial station. A resolution was also passed on the l-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 15th of January, an adjourned meeting of the convention of the " Grants" which had assembled at Dorset in September of the previous year, * Journa K Y. Prov. Cong, L 753, 770, 771: ii. 379. 1777.] DISAFFECTION TO NEW YORK. 283 was lield at "WestmiDster. By a rej^ort 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 viewed as neutrals. On the west side of the mountains where the project 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 New Hampshire Grants, was pro- claimed a separate and independent state, and was called " New Co2sNECTicTJT ciUos Yeemont." Au accomit of these proceedings was transmitted to the Continental Congress, 4iccompanied 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."* Wliile 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 disaffected 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- hir. The arguments which had been made use of by the Green Mountain Boys to swerve their ultra-montane brethren from the path of duty were detailed at length, and although some of them were baseless, many were so specious as to call for a good si 1 are 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 30th of January by Nathan Clark, for a convention at Dorset, and by the records of t]ie town of Chester, it seems that Lieut. Jabez Sargeant was chosen on 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 the best of his \m- derstanding." — MS. Records of Chester. Slade's Vt. State Papers, pp. 68-73. 284 HISTORY OF EASTERN VERMONT. [1777. othei*s 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 upon 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 jurisdiction 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 1sb 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 ISTew York had hitherto viewed " the effects 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, afibrd 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 their authority, and recommend to the " in- surgents" a peaceful submission to the jurisdiction of New York. 1777.] APPEAL TO C0NGKES8. 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 comities 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 account 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 afiirmed that Cumberland and Charlotte were still represented in the New 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 attendance at the conTention held at Westmin- ster on the loth of Januar}', 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 VERMONT. [1777. with these documents, a messenger was dispatched to Con- gress.* The death of Joab Iloisington, which took place early in the year, left the rangers without a commander. The 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 February, 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 proj^osed 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 rea^ 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 Iloisington, ought to be contirmed 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 eifected, 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. 775-780, 800, 820, 821. Slade's Vt. State Pa- pers, pp. 73-75. Doc. Hist. N. Y., iv. 925-S'30. 1777.] DEFECTION AMONG THE MILITIA. 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 o|^ 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. Tliey 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 New York, neither do I think it possible for me to raise any men. They 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 tlie Convention, on the 21st of April, John Sessions, the chair- 288 mSTOKY OF eastern VERMONT. [17T7. man, signified his regret that all the negotiations which had been had, concerning the rangers, had been attended with "snch perplexity and cost," and expressed a hope that more care would be taken in the future to avoid mistakes and pre- vent misunderstandings. He recomn^^nded the appointment of a paymaster and commissary, for the companies which should be continued in the service, and proposed Gen. Bayley for those ofiices. 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 Kew York, and his displeasure at the course which many of his friends were pursuing. Referring to the attempt to establish 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 more 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 ^s 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.] FUETIIER PKOCEEDINGS OF THE CONVENTION. 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 ti'oops, 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 j)urposes 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 futm'e time, or disposed of, at the discretion of the Le- gislature 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 tliem 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 obtained.f By a resolution passed on the 21st of March, the commissioners were authorized, in case of a refusal to deliver up property over which their olfice 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, 83'7, 839, 841, 907, 916: ii 404, 421, 431, 476, 477. MS. Letter CoL J. Bedel to Gen. Philip Schuyler, dated Feb. 24th, 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, commission- ers for Gloucester county. — Journal N. Y. Prov. Cong., i. 907 : ii. 498. 499. 19 290 HISTOET OF EASTERN VERMONT. [1Y77. 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 of 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 v/as vested in an Assembly and a Senate. In the former body, Cumber- land county was allowed a representation 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 thi-ee 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 part 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 aU 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 5th of May, caUing on the inliabitants of the state to choose " active, spirited, and discreet" persons to act as committee inen, 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 tlie 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 1T77.] MONETARY ATFAIRe. 291 some of the committees. Those of Albany, Tiyon, Charlotte, Cumberland, Gloucester, Ulster, and Orange counties, were re- quested and authorised " to take the most eifectiial 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 coun- 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. This circumstance showed that confidence was still reposed in the honor of the county, although its loyalty was, to all appear- ances, irrevocably lost. On the 5th of May, Paul Spooner was chosen by the Convention, sheriff 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.* The 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 !Xew York were striving to stem the opj^osition 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 15tli of July, 1777, by Col. Eleazer Patterson of Hins- dale, now Vernon. — Journal K Y. Prov. Cong., i. 995. f Journal N. Y. Prov. Cong., i. 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 mSTORT OF eastern VERMONT. [1777. numerous than the Yermont 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 Kew York, so they would continue to pay that allegiance, and would strictly adliere 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 him 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 Griffin. 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 aifairs 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 sufiered by the people of Brattleborough on account of their steady attachment to Wew York. In the latter portion of the report, the committee, in conformity with the information given them by Mr. Smith, and obtained from otljer 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 1777.] RESOLUTIONS OF THE COlIillTTEE. 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 they were in want of arms to reduce the tories to subjection; and that, although they were ready to join in new and spirited measm'es 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 the 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 New 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, who 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 comj)any or regiment. Secondly. We will obey our officers so chosen in the same manner as the militia of the said state, render obedience. Thirdly. The names of tlie 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 imtil 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 count}", may exercise the powers [of a county committee of safety.]" That part of the report which related to the condition of the 294 msTORT OF eastern yekmont. [17T7. "Grants," together witli the portion ah-eady cited, was tabled, the two resolutions excepted. The latter of these was, how- ever, changed so as to read thus : " Resolved, 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 New York Convention.* Encouraged by the evidences of good will on the part of Kew 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 ttth 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 appointed, a few complaints were heard, but it Avas deemed inexpedient to proceed with the business of the meeting. A postponement was therefore agreed on. When 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, with 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 Brattleborough was selected as the place for the next meeting. Nine members from six towns assembled in Brattleborough, 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 jSTew 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 Representation 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. 5Y, 397 : xxxix. 23. Doc. Hist N. Y., iv. 936-940. 17Y7.] KEPOKT OF THE COMMITTEE. 296 resolves of the Conyention respecting tlie election of a Governor and representative officers. 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 Go- vernor, Lieutenant Governor, Senators, &c., the county commit- tee from eight towns met on the 4th 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 ITth day of June, instant, at which time they met according to adjournment 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 26th 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 pubHckly 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 disaj)probation of the proceedings of the late convention at AVindsor, laiown 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 an}'- other committee to proceed to any pubHck 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 respective 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 electing delegates to the Congress of the United States. — Various MSS. 296 HISTOKT OF EASTEEN YEEMONT. [1777. might have been set at hberty, 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 pubKck peace is so interrupted by the proceedings of this convention at Windsor, and by those disorderly persons who are so warmly engaged in suj^porting 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 put to any further provision being made in this county for the common defence of America. "TVe fm-ther represent that a considerable number of the people in this county who are so wai'mly engaged in setting up their new state, have not any or but little property wdiich they can claim under any grant whatever ; and we really believe that the leaders of the people who 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 Clay, 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 pubKc way.* * Col. Patterson presented his commission, and the various papers entrusted to him, to the New York Council of Safety, on the 15th of July, 111'!. 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. Cong., i. 995. 1777.] MEETING OF THE NEW STATE CONTENTION. 297 One other act of the committee is worthy of notice. By a resohitioii of the ]^ew York committee of safety, passed some mouths previous, authority had been given to tlie county com- mittees to select places suitable for the residence of persons who should be inoculated with the small-pox. In conformity with this resolve, permission was now gi-anted by the county committee to erect a house in Brattleborough to be nsed for that j)urpose. 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 dm-ing the recess, and the convention had adj ourned. Besides the adoj)tion 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. 11Z. 298 HISTOEY OF EASTEKN 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 aU 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 validity 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 Vermont, they said: "Al- though we apprehend no great difhculties 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 our 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 oj)inions favorable to the establishment of Vermont, yet their number was small, and did not at present seem likely to receive accessions. "When the petitions from Vermont 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 30tli 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 Vermont was left to pursue her own course, with the 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 177Y.] LETTEK OF GEN. BAYLET. 299 In 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 oflBcers ; that the sheriff had given the proper orders to the different towns, but that it was not probable the people would choose any members to sit in tlie Legislature 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 Hampshu-e 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 2Tth 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 chainnan of the general committe • of the county of Cumberland, to be given by him to Col. Eleazer Patterson, and Major John Wheeloek, 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 tijne 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 aa 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 these charges 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 ofiice Sec. State, N. Y., vol. xxxvii ; also Papers relating to the Vermont Controversy, pp. 2-4. Doc. Hist. N. Y., iv. 944-948. 300 HISTORY OF EASTERN VERMONT. [1777. ages should be paid them on their arrival at that place. By another resolution, they 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 instead of subsistence-money, if such should be their wish. A copy 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 14:th 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 exjDect 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, tliink 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 had * Journal K Y. Prov. Cong., i. 94Y, 976, 977, 979, 980, 1016 ; ii. 502. Journals Am. Cong., ii. 183. Slade's Vt. State Papers, pp. 77-79, 177T.] PETITION OF CHAULES PHELPS. 301 been evinced. Taking advantage of this circumstance, Plielps, on the 17th of Julj, 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 Yermont 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 jjoverty ; to their 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 that the government of New York had wholly refused to afford any protection to the distressed inhabitants of the new state, on account of the revolt in which many of them had lately engaged ; j'.nd that on this account, the only alternative left them was to apply for assistance elsewhere. Tlie 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 purpose. 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 inhabitants of the New Hampshire Grants. On the 302 HISTORY OF EASTERN VERMONT. [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.* l^or 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 19tli of July, that the forces of Burgoyne were at Rutland, and that they intended to advance on JN'umber Four, and send forward a detachment to the Coos country 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. This information having reached Bezaleel Woodward at Hanover in ISTew Hampshire, on a Saturday near midnight, he immediately endeavored to disseminate it among the ofiicers and soldiers of the state by expresses. One appeal 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, jjray come forward without delay." As the impression became more prevalent, that the enemy were advancing to scour the banks of the Connecticut, the terror 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 hundred 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.] btjegotne's msTEUcnoNS to lieijt.-col. EAor. 303 general. Many refused to take up arms in defence of their families and firesides, and some declared ojDenly, their inten- tion of joining the British as soon as they should make their appearance. Nor were these fears without cause. Although Burgoyne 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 9th of August, he issued to Lieut.-Col. Baum, this intention was fully proved. That he might " try the afiec- tions of the country, disconcert the councils of the enemy, and obtain large supplies of cattle, horses, and carriages," he charg- ed the allied Hessian in these terms. " You are to proceed from Battenkill to ArHngton, 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 jDro- ceed to Manchester, where you will again take post, so as to secure the pass of the mountains on the road from Manchester to Eockingham. . 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 that no enemy is in force uj)on the Connecticut river, you will proceed by the road over the mountains to Rockingham, where you will take post. This will be the most difficult part of the expedition, and must be jjroceeded upon with caution, as you will have the defile of the mountains behind you, which might make a retreat difficult. 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 efiected, you are to remain there, while the Indians and light troops are detach- ed up the river, and yon 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 jjossession of Albany, and establish there the headquarters of his army. But the result of the battle at Bennington, not only changed the entire programme of his proceedings, but aroused in the breasts of the Americans feelings 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 niSTOET OF EASTERN VERMONT. [1777. ceived with exultation throughout the whole northern coimtry. Men who had long time been wavering between the smiles of royalty and the beggary of republicanism snatched eagerly at the 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 whole United States was interested, now and then concentrated the feelings 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 York and Vermont usually returned to their former positions, strengthened in the support of their difierent principles by the respite they had en- •joyed. The favorers 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 afford. The supporters of the jurisdiction of New 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 New York for their proceedings, were now almost wholly disregarded. Tlie power of the Vermont com- mittees was far in the ascendant. They it was who decided the differences 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 militaiy duty. In their estimation, the favorers of New 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, tlireatening 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.] GEORGE CLmrON ELECTED GOV. OF NEW YORK. 305 maintain the authority of the young state, and in many of the towns in Cumberland county to liold in check the discontented and rebellious Yorkers. As the result of the first state election held in New York, George Clinton was, on the SOtli 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 course he should pursue. He was not acquainted with the names of the officers in command, nor did he expect, 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 suftering 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 mitil the second Tuesday in November. In less than an hour after the adjourn- ment, Capt. Clay appeared, 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 ISTew York for the purpose of representing the difficulties of the county, and seek- ine: some method of relief. The credentials which he received with his appointment were signed by Simon Stevens, Hilkiah Grout, Michael Gilson, Obadiah Wells, and Eleazer Patterson, At the same time Deacon John Sessions of Westminster, a supporter of the jurisdiction of Kew York, wrote to the con- vention of that state, of which he had until of late been a member, in truly scriptural j)hrase, 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 aifair, 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 tlie 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 Yermont. 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. f Miscellaneous Papers in office Sec. State N. Y., xxxvii. 461 ; also Papers relating to the Vermont Controversy, pp. 4, 5. Pingry MSS. Journal N. Y. Prov. Cong., i. 1021, 1039, 1059. Doc. Hist. K Y., iv. 948-951. 1777.] MEMOKIAL OF PHELrS 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, 1Y4Y. 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 afiidavit 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 j)art of Yermont, but when, in the year 1780, the subject was brought before Congress, the General Court decided that the claim was an " infringement on the rights of Yermont," and refused to prosecute it further.* * Revolution Council Papers, in office Sec State Mass., 1777, iv. 877. CHAPTER Xn. OPPOSITION TO THE GOVERNMENT OF VERMONT. 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 CUnton — 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 Vermont with New Hampshire — Arrest of Hilkiah Grout, 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, 1777, separated on account of tho evacuatioij 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 peoj)le 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 24tli of December, the constitution was revised, and effectual means were taken to set the machinery of government in full oj)eration. 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 1TY8.] PECULIAR POSITION OF YEEMONT. 309 I first session of the General Assembly of the state of Yermont was held at Windsor. The necessary state officers 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 thus 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 Yermont" 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 tully to express their views, they appointed James Clay their agent at the New York Legislature. Li answer to their petition and others similar, the subject of the controversy between New York and Yermont was taken up 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. Tliese 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 HISTOKT OF EASTERN VEKMONT. [1778. but subsequent events sliowed 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 JS'ew 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 mauy disaffected persons," said they, " we do freely comply with the terms of said proclama- 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 infiuence 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 which 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 efi'ect 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 K Y., p. 1. 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 PKOTEST. 311 important contest with Great Britain." Desiring to add -weight to this intended protest, they apj^ointed Benjamin Butterfield, Samuel Knight, Israel Smith, James Blakslee, and Micah Townsend, a committee to confer with the different town com- mittees in the county, and ascertain who among them were inclined to bear testimony against the " unjustifiable proceed- ings" of Vermont. 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, JSTewfane, Hins- dale, and Eockingham, were in attendance. The proposed j^ro- 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 Vermont." In it the objections to the formation of a new state were strongly put, and old arguments in a regenerated fonn, and new ones also, were urged in opposition to the plans of the patrons and citizens of Vermont. 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 degi-ee 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 Avhich 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. Therefore, on behalf of ourselves and those who delegated us for that pur- 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 shaU 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 of 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 prej)ared 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 dignify 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- concern, or remain silent spectators of, the present disorderly attempt to separate the New Hampshire Grants from the thir- teen United States — a measure 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 1T7S.] LETTER TO THE CONVENTION. 313 justly due to the state of ISTew 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 tlie consent of Congress, has al- ready, and will more abundantly, introduce ; the present in- ability of the people to support a separate government, however frugally the public moneys are managed ; and the great, very great scarcity of men j)roperly 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 Yermont, a protest against erecting the ' Grrants' into an independent government in the ]>resent time, and also one copy thereof to his Excellency Governor Clinton, and another to the press for publication, that the world 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 eiforts to suppress or check this oifspring of anar'chy 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 of ISTew York, accounts of all such matters as may be material for them to be acquainted with ; and to take such steps as they think best for relieving those who may suffer in 314: HISTORY OF EASTERN VERMONT. [1778. their persons or properties by any authority pretended to be derived from the state of Yermont."* By a special resolution, copies of this letter were signed by Thomas Cutler, the chairman of the convention, and were sent to those towns in the county whose rejoresentatives had already signed, or had expressed a willingness to sign, the protest which had that day been adopted. Copies were also sent to those tOMais in which there were a respectable minority who were opposed to the new state, and all 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. L-a 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. 1487. f 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. 1778.] APPOINTMENT OF STATE OFFICERS. 315 the Council bore to the General Assembly was the same as that which the upper 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 afi'airs 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 17th 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 24:th, 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, and 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 Bayley, 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, sur- 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 hberty, 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 patriotic 316 HISTORY OF EASTERN VERMONT. [1778. but less impetuous, were content to contribute of tbeir 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 jm-isdiction of the Vermont 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 Wilham 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 Williams. 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, Thomas Baker, Isaac Orr, Henry Henderson, Alexander Stuart, Jonathan Saflbrd, Elijah Edwards, Pelatiah Fitch, and about sixteen others, inliabitants 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, the 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 every practicable manner. In detecting the machinations of the Tories, none displayed greater activity than * Slade's Vt. State Papers, pp. 247, 260, 264, 266, 267. MS. Council Records of Vt. Various MSS. f MS. complaint of "William Hill. 1778.] PATKIOTISM OF THE YOKKERS. 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 Yernon, 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- sm'es were immediately taken, by placing guards in different parts of the village, to ol)tain 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 Stebbins, Capt. Orlando Bridgeman, Moses Howe, and Gad Wait, from the safety committee of Hinsdale, and Capt. Hezekiah Stowell, Jo- seph Elliott, and Henry Sherburne, from the safety committee of Guilford, all of them supporters of the jm-isdiction of New 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. Ruth 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 filially 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. When 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, earned 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 Lientenant, was privy to the robbery, and had deposited the powder and lead in the granary in such a manner as to render them easy of access and removal. John Stratton, who had already been before the committee, 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 New York ; 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 maimer in which similar offences should be punished in future. One paragraph, however, in the letter of the committee, 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 govermn en t, 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 New York, residing in Cumberland county, were thus strenuous in punishing the * George Clinton Papers, in N. Y. State Lib., vol. ii. docs. 490, 494. 1778.] 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 Vermont 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 power, replied that he " did not think it best to be too critical in examining by what authority" soldiers were raised. He also dechned signing the protest " against the pretended state of Vermont," 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 Kew 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 sufter, 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 Clinton, 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 upheld, 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 office, 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 1st, 1778, occurs this paragraph, which marks the sentiments of the Vermont adherents towards Gront, and shows on what ground his nomination was not recommended by the committee of Cum- berland county. " The reason of Major Grout's not being recommended to your Excellency for the shrievalty is, that as the election was not likely to be held as soon as was expected when he was recommended by the town of Brattleborough, 320 HISTOKT OF EASTEKN VERMONT. [I'TTS. By a vote of the convention of Committees which was held at Brattleborough 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 enlisted 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 number of those who had taken the oath required by the constitution of Yermont previous to voting at election, was in Cumberland county small, and throughout 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- versation 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 office 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 GOVEKNOR CLEN'TON. 321 unanimit}", when the cirenmstances 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 iu 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 tenns 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 ample justice, and consequently that they would again have acknow- ledged its jurisdiction. " What will be the event of this affair, it will be impossil>lc 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 iU-judged and un- justifiable measures, that the consequences will be serious and melancholy, and to them particularly ruinous and destnictive." To increase the power of the jurisdiction of Kew York, and facilitate the administration of justice, he recommeijded the preparation of a list of the names of those capable of filling civil and military stations in the comity. He urged them to use the " utmost candour and impartiality" in their selection, 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 * Geoi^e Clinton Papers in N. Y. State Lib., vol v. docs. 1435, 1436, 1487. 21 22 HISTORY OF EASTEEN VERMONT. [1778. able to attend to the settlement of the affairs of tlie state, with- ont prejudice to the cause of America, and adopt measures Avliich 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 uj)on 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 which 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 count}^ — " Yorkers," " Yer- monters," and " l^eutrals" — 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 Yerniont 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 return 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 j^eace 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 j^roperties 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 ISTew York state cannot but most ar- denly wish that Congress would immediately interfere in the * George Clinton Papers, in N. Y. State Lib., vol. v. doc. 1464. 1T7S.] cldsTon's keply to pelatiah fitch. 323 most direct manner and settle this internal contest. The inte- rest of the state of New York also calls loudly for a s]3eedj end's being put to the present dispute, as the authorities of Yermont have very lately confiscated and sold several valuable estates, and doubtless will continue the practice as long as their neces- sities require it, 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 Yth 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 different j^arts of the state, he could not immediately convene them ; that he would do 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 toi:)ics 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 imj)ute 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 informed them that drafts were making under the authority of the pretended state of Yermont 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 oflicer) 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 governmentj * George Clinton Papers, in N. Y. State Lib., vol. v. doe. 1555. 324 HISTOKT OF EASTEEN VERMONT. [1778. under the ideal Yermont state, and in such towns where our friends are sufficiently powerful for the purpose, 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, which 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 m Congress, expressing his surprise that so little attention had been given the Yeniiont 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 besjDoke the sincerity of his sentiments, the peculiarity of the situation of the "-^ell-affected" inhabitants of Cumber- land county, and the persevering attempts which some of the " deluded inhabitants" were making to effect a separation from New York. Referring to the draft of every fourth man in the state, which had been ordered by the Yermont Legislature, for the purpose of comjjleting Col. Warner's regiment, he prayed for the passage of a resolution in Congress which 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 war." Notwithstanding this appeal, Congress neglected to comply with the request of Governor Clinton. Meantime, the adherents of Yermont were busily engaged in strengthening their 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 Clinton Papers, in K Y. State Lib., vol. v. docs. 1567, 1568. Wil- liams's Hist. Vt., 1st ed. p. 247 : 2d ed. ii. 18C. f George Clinton Papers, in N. Y. State Lib., vol. v. docs. 1570-1672. 1778.] SENTIMENTS OF THE INHABITANTS. 325 In compliance with the promise made to Governor Clinton by Pelatiah Fitch as chairman of the committee, an attempt was made during the month of August, to ascertain whether the majority of the voters in the southern part of the county, would support the jurisdiction of Vermont or ITew York. From some of the towns interrogated, no answer was received, but from the reports obtained, and from an examination of other sources of information, it appeared that in the towns of Hins- dale, Guilford, Halifax, Brattleborough, Marlborough, Draper, Fulham, ISTewfane, Putney, Westminster, Springfield, and Weathersfield, there were at the time of the enumeration about four hundred and eighty voters who supported the jurisdiction of ISTew York, three hundred and twenty who supported the jurisdiction of Vermont, and one hundred and eighty-five who were neutral in opinion. Although this statement was favora- ble to New York, yet it must be remembered that of those who were friendly towards this state, many were prepared to declare their allegiance to Vermont if strenuous measures were not soon taken to protect them in the exercise of their rights, and further, that of those who were neutral in opinion, nearly all of them might be considered as the well-wishers, if not the advocates, of the new state.* On the 12th of March, a petition had been presented to the Vermont Legislature by a number of towns in New Hampshire, praying that they might be allowed to become a part of the former state, and subject to its jurisdiction. The apj)lication having been entertained in the Assembly for several days, was finally submitted to the people. When the discussion of the subject was renewed, on the lltli of June, at the summer session of the Legislature, thirty-five of the representatives, expressing the views of the towns to which they belonged, declared in favor of the union, and twelve against it. Sixteen towns were accordingly added to the territory of Vermont. Tliese were Cornish, Lebanon Dresden,f Lime,:}: Orford, Piermont, Haver- hill, Bath, Lyman, Apthorp,§ Enfield, Canaan, Cardigan,! Landaff, Gunthwaite,^ and Morristown,** Although no act was * See Appendix J. f A name given to the district belonging to Dartmouth College, but used only for a short time, ij: Now Lyme. § Now divided into the towns of Littleton and Dalton II Now Orange. ^ Afterwards New Concord, now Lisbon, ** Now Franconia. 326 HISTOKT OF EASTERN VEKMONT. [1778. passed to that effect, they were regarded as a portion of Cum- berland county, and were so referred to whenever it became necessary to legislate concerning them. On the 17th of June, judges were apj)ointed for Westminster and ITewbury, the two shires of Cumberland county, and the jurisdiction of the judges was understood to extend over that part of New Hampshire to which the revolted towns had until now belonged. At the session in October, more energetic measures were taken to establish in Cumberland county the machinery of law, in order to enable the new state to compel obedience to its authority. Justices of the peace were appointed in eighteen towns, and two of the probate districts were supplied with judges. In the shire of Cumberland the superior court was ordered to hold a session at Westminster, on the second Thursday in March, 1779, and in the shii-e of Newbury, at the town of Newbury, on the second Thursday of September, 1779. The first session of the court, however, was held at Bennington on the 10th of December, 1778. On that occasion, persons who had been charged with committing crimes in Cumberland county, were conveyed across the mountains for trial. Among the complaints presented by John Burnum, Jr., the state's attorney, was one against Titus Simonds of Hertford, charging him with " inimi- cal conduct" towards Vermont, and the United States, in that he, on the ith of September, 1777, " did go over to the enemy, and aid, and assist them against the said states." The friends of New York, when they saw that the laws of Vermont were prevailing, determined to assert whatever power they had, and counteract the current which was setting in against them. Though they could not establish and maintain a superior court, yet justices of the peace, and other officers both civil and military were created in different parts of the county, and many towns were thus provided with two sets of officials, one of New York, and the other of Vermont appointment, both striving to further the ends of justice, and each endeavoring to frustrate the attempts of the other.* Ever since the sixteen New Hampshire towns had been ad- mitted into union with Vermont, great dissatisfaction had pre- vailed on both sides of the Connecticut among those who were opposed to this act. In vain were all the efforts of the Legis- * Slade's Vt. State Papers, pp. 89, 90, 271, 274, 284. MS. CouncU Records of Vt. MS. Complaiut of John Burnum, Jr. 1778, 1779.] ENACTMENT OF LAWS BY THE LEGISLATUKE. 327 lature of Yerinoiit to restore peace. The experiment of auuex- atiou, hazardous in the beginning, began now to assume an as- pect threatening the very foundation of the new state. In this crisis, tlie General Assembly, on the 23d of October, 1778, re- solved to lay the subject before their constituents and request them to instruct their representatives how to proceed in relation to this unfortunate connection at the next session of the Legis- lature. The impolicy, as well as the injustice " of aiding in the dismemberment of New Hampshire," was too apj)arent to the friends and supporters of Yermont, to admit of a doubt of the course proper to be pursued. On the 12tli of February, 1779, the instructions of the representatives on this point were can- vassed, at the winter session of the Legislature, and in confor- mity with these instructions, the union was declared " totally void, null, and extinct." On the 17th of March, soon after the announcement of this result, a petition was presented to the Legislature of New Hampshire, praying that the whole of the " Grants" might be " connected and confederated" with that state. The majority of the committee to whom this petition was referred, reported favorably, but when the question upon the adoption of the report was taken, on the 2d of April, the fm'ther consideration of the subject was laid upon the table. At the following session the report was taken from the table, and having been received and accepted by the House on the 21:th of June, was readily concurred in by the Council. So complete was the change, that Yermont, instead of occupying the position of an encroaching state, found herself the subject of a demand which, should it be successful, would put an end to her separate existence, unless Congress should interfere, and agree to receive her as the fourteenth state in the confederacy.* The February session of the Yermont Legislature continued sixteen days, during which time nearly one hundred acts were passed for regulating such matters as required immediate at- tention. Yarious laws ostensibly introduced for the benefit of the whole state, but more particularly intended to affect the county of Cumberland, were enacted, while others were passed with a direct reference to the affairs of this county. Li order to increase the revenue of the state, the estates of those inhabit- ants of Cumberland county who had joined the enemies of Yer- mont and of the United States were, on the 16th of February, * Blade's Yt. State Papers, pp. 101-105. 328 HISTOKY OF EASTERN VEKMONT. [17Y9. declared confiscated and subject to be employed for sucb pur- poses as might be prescribed. Major Thomas Chandler was, on the 30th of April, appointed commissioner for the sale of con- tiscated estates in Ilockingham, Chester, and Westminster. Capt. Ebenezer Curtis was chosen to the same office on the 16th of July, with jurisdiction in the towns of Windsor, Hertford, AVoodstock, and Reading. On the 10th of June, 1780, Timothy Bartholomew was vested with similar powers in the towns of Norwich, Sharon, Thetford, Stratford, Fairlee, and Mooretown. Meantime the court of confiscation was established on a differ- ent basis, and the powers which had formerly belonged to it were, on the 2d of June, 1779, vested in the Governor and any four of his Council. Satisfactory evidence having been produced against a number of persons who had joined the enemy, several valuable estates in Cumberland county became, in consequence, the property of Yermont. These estates had previously been owned by Capt. Timothy Lovell of Eockingham, Andrew Nor- ton of Windsor, William Paterson and Crean Brush of West- minster, Samuel Gale of Brattleborough, Zadock Wright of Hert- ford, Titus Simonds and Charles Ward Apthorj)^ In accord- ance with the instructions under which the commissioners acted, deeds of the property sold were given " in the name and behalf of the representatives of the freemen" of Vermont, and great care was taken that those who purchased should be firmly secured in their possession.* For several months no open disturbances between the partisans of Yermont and New York had occurred, and so little had the opposing parties interfered in the affairs of one another, that hopes were entertained that it would be possible, without hindrance, to hold an election for tlie purpose of choosing a representative to sit in the Legislature of New York. But this temporary calm was not the prelude of settled weather. No sooner were com-fs of justice established in Yermont, than pro- secutions were commenced against the subjects of New York, whenever an occasion was presented, and what had been before dislike and opposition became now animosity and hatred. By the fuurtli article of the Declaration of Hights of Yermont, " the sole, exclusive, and inherent right of governing and regulat- ing the internal police" of the state was vested in those of the * Slade's Vt. State Papers, pp. 287-888. MS. Records Gen. Ass. Vt, 1119. In- structions to Commissioners of Confiscation. 1770.] CO^-DUCT OF VERMONT OFFICEES. 329 iiiliabi'ants who acknowledged its jurisdiction. By the nine- teentli section of the Constitution, it was necessary tliat all com- missions should be in the name of the freemen of the state, sealed with the state seal, signed by the governor, and attested by the secretary. Owing to a failure on the part of those who acknowledged the jurisdiction of INew York to recognise these facts, trouble not imfrequently arose. The course pursued by the officers of Yermont in enforcing their laws, is shown in the following incident. Hilkiah Grout, a citizen of "Weathersfield, not only acknow- ledged the jurisdiction of New York, but had received the commission of a justice of the peace from that state. Being requested as an officer of New York, by William Oliver, a gentleman from New Ilamphire, to take the depositions of a number of persons who resided on the banks of Otter creek, u'hose testimony was to be used in the superior court at Exeter, before which court affidavits witnessed by Yermont officers were not deemed valid, he set out from home with Oliver on the 16th of February, and on reaching the town of Shrewsbury prepared to remain there mitil Oliver should find the persons whose evidence was desired. On the 17th, towards evening, Oliver returned with the witnesses, and their state- ments were sworn to and subscribed in due form. About two o'clock on the morning of the 18th, the house in which Grout lodged was surrounded by seven men, " armed with guns, swords, bayonets," and other weapons. Having obtained ad- mission to the building, they seized the justice and conveyed him to Rutland, showing him no abuse except by their " surly look." A court of inquiry, composed of a number of the officers in Col. Setli Warner's regiment, was soon after organized at Fort Hanger, " to examine and hear the evidence for and against such prisoners" as should be brought before them. By order of Capt. Gideon Brownson, commissioner, the court proceeded to try Hilkiah Grout, charged by two of the citizens with being engaged with certain others his associates, in " planning some- thing very enemical to the United States of America." The prisoner pleaded not guilty, and the court, after hearing the evidence, decided that the charge was not supported. This judgment was approved of by Capt. Thomas Lee, the presiding officer, and Grout was set at liberty. No sooner had he obtained his dismissal, than he was again arrested on a warrant from Benjamin Whipple, a justice by 330 IIISTOKY OF EASTEKX VERMONT. [1779. appointment from Yermout, in. whicli lie was described as " a transient person, who pretends to officiate in this state in the character of a justice of the peace, not having authority derived from the freemen of this state as stipulated by the constitution." Tlie writ was made returnable " as soon as conveniently may be, before the subscriber" at the house of WiUiam Koberts. On the examination held on the 19th, Eeuben Squire testified that Oliver had introduced Grout to him as a justice of the peace, and had desired him, his wife, and his daughter, to testify before Grout " concerning a piece of Holland cloth." Charles Button also made affidavit, that he, at the request of Oliver, had been at the house of Lemuel White, in Shrewsbury, and had there taken an oath, and borne witness before Grout as a justice, in a case tlien pending between Oliver and one West. Abel Spencer and Lemuel White testified to the same effect. The charge in the warrant being supported. Grout was ordered to procure bonds in the sum of £1,000 lawful money for his appearance before the superior court at their session in June, or in default to be com- mitted " to close gaol." Bonds having been given, the prisoner was released. On his return home he wrote to Micah Townsend, of Brattleborough, and, in the account which he gave of the aflair, referred to the forbearance of the Yermonters, by declaring that he had " neither been whipped nor insulted." Oliver, at whose suggestion he had undertaken his official journey, was brought before the same tribunal by which Grout had been adjudged guilty, and was mulcted in a fine of £5, and in costs £3, " for introducing an unconstitutional justice into the state of Yermont." When the superior court assembled at Eutland, on the 10th of June, Grout was tried on the charges which had been sub- stantiated at the examination. His only defence was a denial of the jurisdiction of Yermont. The court, however, refused to liear the reasons which he wished to present in support of this denial, and adjudged him guilty of " treasonable practices" against the state. He was ordered to pay a fine of £120 law- ful money, to which were added the costs of the suit, making the whole sum more than £180. Not considering it advisable to submit to this exaction, as he deemed it, he notified a deter- mination to that efiect to the clerk of the court, and was informed, that in case the money was not paid, execution would immediately issue, unless he should ask it as a favor of the court to stay pro- ceedings for a few months. "I was not," wrote Grout to 17Y9.] SEVfIKE SENTENCE FOK DEF^\3IATI0N. 331 Governor Clintou, " in a temper of mind to ask any favours of tliem, and so returned home." The sheriff of Cumberland county was thereupon commanded to levy upon his goods and chattels, and after disposing of them in accordance with the laws of the state, to place a portion of the proceeds equal to the amount of the mulct in the hands of the state treasurer." At the February session, an act had been passed for the punish- ment of defamation. By one of its provisions whoever should vilify any court of justice, or its sentence or proceedings, or traduce any of its magistrates, judges, or justices, on account of any act or sentence therein promulgated, was, on the con\-iction of the offence, made liable to punishment by fine, imprison- ment, disfranchisement, or banishment. On account of the license in language which then as now prevailed, an opportu- nity was soon presented for trying the efficacy of this act. Katlian Stone, a citizen of Windsor, but a Yorker in prin- ciple, having been charged with using " reproachful and scandalous" words on the 15th of March concerning the " au- tliority" of the state, was arraigned before the superior court at Westminster. On examination, it was proved that in the presence of "many good and faithful subjects" of the state, he liad said to the sheriff, John Benjamin, "God damn you and your governor, and council." . He pleaded guilty to the charge, and judgment having been rendered against him on the 26th of May, he was fined £20 lawful money and costs, and was obliged to give bonds in the sum of £1,000, as a guaranty for his future conduct.f * Slade's Vt. State Papers, pp. 244-251. MS. records of Vt. courts. George Clinton Papers in j^. Y. State Lib., vol. vii. docs. 2095, 2198; vol. viii. doc. 2464. f MS. Court records. Slade's Vt. State Papers, p. 382. The session of the court at which Stone was indicted was the first ever held in Cumberland county. The first cause tried in the session was that of Pompey Brakkee of Chester, a negro, plaintiflF, against Elijah Lovell of Rockingham, defendant. The exact nature of the complaint does not appear, but the court awarded to Brakkee, damages in the sum of £400 lawful money to be recovered of the defendant with costs. CHAPTER Xni. CONFLICT OF JUKISDICTIONS. Vermont Militia Lav — Obedience to it refused in Putney — Sergeant McWain endeavors to enforce it — Resistance is offered — Friends of New York convene at Brattleborougli — Letter from Col. Patterson to Gov. Clinton — Clinton to Samuel Minott — Clinton to John Jay — ^Thirty-six Yorkers arrested and lodged in the Jail at "Westminster — Ethan Allen — His tyrannical character — Trial of the Yorkers — Allen incensed at the Proceedings of the Court — His Indignant Speech — The Plea of the Yorkers — They are declared GuUty and Fined — Letter from Ira Allen to Benjamin Bellows — Act to prevent the Exercise of Authority not derived from Vermont — Proclamation of Gov. Chittenden — Information of the Treatment of the Yorkers communicated to Gov Clinton and to Congress — Course of Congress — Letter from Gov. Clinton to Samuel Minott — Clinton to Washington — Clinton to Jay — The Committees of Six Towns in Cumberland County to Clinton — Micah ToAvnsend to Clinton — Resolves of Congress — Further Attempts of Vermont Officers to enforce Obedience to the Laws of the State — Letter from the Committee of Congress to Samuel Minott — Gov. Chittenden to a Friend — Doings of the Committee — Convention of the Yorkers — Their Petition to Congress — Their Letter to Gov. Clinton — Action of the New York Legislature — Letter from Gov. Chittenden to President Jay — Proceedings in Congress relative to Vermont. Meantime events which marked with greater clearness the differ- ences between the contending parties residing in Yermont were attracting general attention. In the act passed at the February session of the Legislature of that state, for forming and regulat- ing the militia, and for encouraging " military skill," power was given to each captain or commanding officer of a militia company, in obedience to an order to that effect from the governor, to draft men within the district over which his com- mand extended. Any soldier who should refuse to serve, was obliged to forfeit and pay the sum of £18, to be recovered "by bill, plaint, or information." In default of goods or estate, he was to be " disposed of in service^^ to some citizen of Vermont or of the United States, so to remain until the Hability was dis- 17Y9.] TIIK VKinioNT MILiri.V LAW. 333 cliarged, " any law, usage, or custom — to the contrary not- withstanding." Provision was also made for raising men by the following method. The captain or commanding officer having first taken the advice of his under ofiicers, was author- ized to make a roll of those whose services he had a right to demand, and divide them into classes equal in number to the number of men required. Each class was ordered to furnish a man, and in case of refusal to comply with this regulation, the commanding oflicer was directed to hire one man for every class neglecting or refusing, and pledge the faith of the state for the payment of his wages. To defray the charge, the com- manding officer was further directed, after taking counsel with his subordinates, to collect the amount of the sum expended, from the members of each class for which a man had been hired, particular reference being had in equalizing the assess- ment to modifying circumstances, such as past services and the estates of persons. Any goods or chattels seized in order to satisfy the assessment were to be sold by public vendue, and any overplus, after discharging the liability, was to be returned to the owner or owners of the property sold. Such were the regulations under which the mihtia establishment of Vermont was to be maintained. In conformity, as was reported, with advice received early in the spring from Brigadier-General James Clinton, the com- mander-in-chief of the northern department, orders were issued by the Vermont Board of War, during the month of April, directing a levy of men for the service, not only of the state but of the United States, in guarding the frontier settlements. As Governor Clinton was informed that a draft had been made by the authority of the " pretended state of Vermont," predi- cated on advice from a high quarter, he corammiicated the intelligence to his brother James on the 21st of April, and took occasion at the same time to remind him of the necessity of continuing to act with the utmost caution towards " those designing and turbulent people," the Vermonters, and " to avoid giving them even the least shadow of encouragement in the exercise of their undue authority." In his reply of the 28th, General Clinton remarked, that he had always been very care- ful in his conduct towards the supporters of the usurped authority, and suggested that the assertion made by them con- cerning himself, must have been founded on the advice he had given them on their frequent application for troops, the effect 334 HISTORY OF EASTERN VERMONT. [1779. of "vrhich was " that they should have a number of their militia ready to turn out on the shortest notice." Among those engaged in drafting men under the militia law above referred to, was one AVilliam McWain, a sergeant in Capt. Daniel Jewet's company, which company formed a part of the first regiment of the state militia, commanded by Samuel Fletcher. The Yermonters readily consented to enlist or pay their proportion as directed by the state. Not so the Yorkers. To them obedience in military afi:airs to a state whose jurisdic- tion they did not acknowledge, was flagrant abandonment of principles. Many of them on this account refused to serve, or pay their proportion towards hiring men to go in their stead. Prominent in their opposition to these regulations were Capt. James Clay, Lieut. Benjamin Willson, and a certain Mr. Cum- mings, all of Putney. To no purpose did McWain represent to tliem the dangers they were incurring, by refusing to comply with the requisitions of the state. Their course they had already decided upon, and from it they were not to be turned. Prompt in the performance of his duty, McWain informed them of the amount of the fine to which they had subjected them- selves and demanded payment. Payment was refused. The sergeant then ]3roceeded to levy upon their estates to satisfy the claim, and on the 21st of April, took into his possession two cows, one belonging to Clay and the other to Willson, and gave notice that a week hence they would be disposed of in Putney at public outcry. An opportunity was now offered to the Yorkers to resist. This they determined to do. Informa- tion of the time and place of the sale was accordingly conveyed to a few of the residents in the neighboring towns who were friendly to New York, and, on the morning of the 28th, near one hundred of those who had received notice assembled, un- armed, in Putney. They were principally members of Col. Eleazer Patterson's regiment, and were under his charge and that of his field officers. To oppose a force like this, the Yer- mont sergeant was not prej^ared. Still he was unwilling to stop or postpone the sale. Yainly did the Yorkers endeavor by calm argument to convince him of the imjiropriety of his conduct, and persuade him to give up the cows. Satisfied that force alone could avail, they took possession of the cattle with but little difficulty, restored them to the owners, and returned without further disturbance, to their homes. On the 4tli of May following, the committees of Hinsdale, 1779.] PETITION TO GOVERNOR CLINTON. 335 Guilford, Brattleboroiigh, Fnlham, Putney, "Westminster, Rock- ingham, Springfield, and "Weathersfield, "chosen for the pur- pose of opposing the pretended state of Vermont," convened at Brattleborough, and prepared a petition, addressed to Go- vernor Clinton, and signed by Samuel Miuott, chairman, in their behalf. In this paper, they set forth the disadvantages under which they had labored from being compelled to live without the benefits arising from a well regulated government, and described, in language indignant yet respectful, the annoy- ances to which the temporizing measures of Congress had sub- jected them. They referred to the hope they had entertained, that Congress would use " the first moment they could spare from more important concerns, to recommend to the revolted subjects of the state a return to their allegiance," and stated the reasoifs which had led them to indulge this hope. " We were encou- raged to expect it," said they, " not only as the revolt establish- ed a precedent which might be dangerous in other states, and as the continent could derive no assistance of consequence from the ' Grants,' either in men or money, Avhile they remain under a disputed government, but because the states had confederated for their mutual and general welfare, and bound themselves to assist each other against all force offered to, or attacks made upon, any of them, on account of sovereignty or on any other pretence whatsoever." As the result of this apathy on the part of Congress, they made mention of the losses which the United States had suffer- ed in the confiscation of the estates of Tories by the new state, the proceeds from which would, under a different management, have gone to supply the national treasury. They also enume- rated the indignities to which they had been forced to submit, and the measures which they had been obliged to adopt to suppress the machinations of their foes. Assuming, then, a right to protection from the government whose jurisdiction they acknowledged, which right, if it needed confirmation, had been confirmed by the solemn engagement of the Legislature of Xew York, to concur in such measures as might be necessary to protect their constituents — assuming this right, they de- manded a "speedy and effectual execution" of the promise which had been made them, and prayed for the adoption of measures which would convince Congress of the impropriety of further delay. "We shall otherwise," said they, "be com- pelled to obey a government which we view as a usurpation, 836 HISTORY OF EASTERN VERMONT. [1779. and add our strength to oppose one which we conceive entitled to our dutiful obedience and support."* On the 5th of May, Col. Patterson wrote to Gov. Clinton an account of the disturbances which had occurred in Putney. He also stated that in Fulham some of the subjects of Kew York, choosing rather to submit than to contend, had lately been deprived of their property by the direction of Vermont officials, and that in Guilford a tax had been levied upon those who it was supposed had done least in support of the war, which tax the collectors had not as yet been able to realize, on ac- count of the strength of the opposition. He further expressed his fears lest the attempts Avhich liad been made in Westmin- ster and Rockingham by the Yennonters to draft Yorkers, ^ould end in broils, as the parties in those towns were nearly equal.f In anticipation of combined and strenuous efforts, on the part of the Yermonters, to seize the property and persons of such as refused to acknowledge their authority, he asked for advice, and suggested the necessity of issuing orders to the militia of Albany county to hold themselves in readiness to afford him assistance. Although unable to present an exact return of his command, he estimated it at five hundre-d, officers and men included, who were " but poorly armed," and almost destitute of ammunition. Unless the Legislature of ISTew York should give the desired aid, he aimounced his determmation to resign his commission and retire from the public service. Tliis letter and the petition, were entrusted to Micah Tpwnsend, who delivered them to Governor Clinton at Kingston.:}: On the l-ith of May, Clinton wrote, in reply, to Samuel Minott of Brattleborough, expressing his belief that the decision of Congress would be favorable to New York, and that the de- * Papers relating to Vt. Controversy, in office See. State N. Y., p. 9. f On the same day in which the letter epitomized in the text was written, Capt. Lemuel Sargents of Rockingham, while engaged in enforcing one of the laws of Vermont, was threatened and insulted by Isaac Reed, Enos Lovell, Ashur Evans, and other inhabitants of that town. Being arraigned at Westminster, on the 26th of May, they wei'e charged in the information of the state's attorney, with a " flagrant violation" of the rules of society, of the laws of the land, and of an act of the state passed in the month of February preceding, entitled, "An act for preventing and punishing riots and rioters." Having been adjudged guilty, Reed was fined £30 6s. 6d. ; Evans £25 6s. 6d. ; and Lovell, £20 6s. 6d. To satisfy these mulcts, executions were issued, and the sheriff was directed to sell such a portion of the estates of the delinquents as would meet the demand. MSS. Information, Execution, Ac. Slade's "Vt. State Papers, 346-348. X Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 10. 1779.] EEPLT OF CLINTON TO iTTNOTT. 337 lay which had characterized their proceedings had arisen from no other cause than the necessity of first attending to topics of greater importance. "As in my former letters, so in this," wrote he, " I forbear to point out the line of conduct I could wish the well-affected inhabitants in your quarter should ob- serve ujjon every particular occasion. I conceive it impossible, and therefore can only recommend, in general, firmness and prudence, and in no instance to acknowledge the authority of Yermont, unless where there is no alternative left between sub- mission and inevitable ruin. This appears to me the only pro- per advice I can give at present, till we are favored with the sentiments of Congress relative to the dispute, or until we are convinced the business is designedly procrastinated. In either case, as the Legislature have promised, so I have no doubt that they will afirard you protection, and that effectual measures will be immediately taken for vindicating the rights of this state, and enforcing a due submission to legal government. If, how- ever, any outrage or violence, which you may suppose will pro- duce bloodshed, should be committed in the towns continuing in their allegiance to Xew York, either by Green Mountain Boys, or any parties who may come under a pretence of carry- ing into execution the laws of Yermont, you will inmiediately apprise me of it, and you may be assured of all the assistance in my power, and I trust it will be suflicient for your safety and defence. In the mean time I will myself endeavor to procure intelligence, and if I should discover that any attempt will be made by Yermont to reduce you by force of arms, I will in- stantly issue my orders to the militia, who are properly equip- ped, and who will be led against the enemies of the state who- ever they may happen to be." Other passages in this letter contained words of encouragement and promises of assistance^ calculated to awaken hope and excite to action. "I could ardently wish," were Clinton's closing words, "that the inhabit- ants of Yermont would conduct themselves in such manner as to avoid the necessity of bringing matters to a crisis ruinous to them, and very injurious to individuals among us."* On the 18th of May, Clinton transmitted to John Jay, the pre- sident of Congress, the papers he had received through Townsend and others, with a request that Jay would lay them before Con- gress. In the letter which accompanied these papers, he stre- * Papers relating to Vt. Controversy, in office Sec. State N. T., p. 11. 22 338 HISTOET OF EASTERN VERMONT. [1779, nuously advocated the immediate interposition of Congress as the only means which could possibly avail to ward off the dangers impending. " The Legislature," wrote he, " have from time to time given the most solemn assurances of protection to their well affected subjects, and relying upon these promises, the inhabitants of several towns have hitherto persevered in their allegiance to this state. They will not, I imagine, remain much longer content with mere promises, and I daily expect that I shall be obliged to order out a force in their defence. The wisdom of Congress will readily suggest to them what will be the consequence of submitting the controversy, especially at this juncture, to the decision of the sword. It will not, how- ever, I trust, be imputed to this state that we have precipitately had recourse to coercive measures. We have anxiously ex- pected the sentiments of Congress upon this important business, and it was our earnest wish that in the mean time the inhabit- ants of the ' Grants' who deny the authority of this state would, by a proper conduct on their part, have prevented the necessity of force. But justice, the faith of government, and the peace and safety of society, will not permit us to continue longer passive spectators of the violence committed upon our fehow- citizens."* While Clinton was striving to interest Congress in the topics which were attracting so much attention in ]^ew York, the Yorkers and Vermonters were as busily engaged in prosecuting their various schemes. As soon as it was known in Cumberland county that Col. Patterson and his men had set at naught the laws of Yermont, Col. Samuel Fletcher, commandant of one of the Yermont regiments in that county, went over to Arlington to consult with the state Council. Ethan Allen, ever since his return from captivity, had threatened to lead his Green Moun- tain Boys against the rebellious Yorkers, in the south-eastern corner of the state, and now that the Yermonters seemed deter- mined to enforce submission to their authority, fears were enter- tained that he would not only put his threat in execution, but, in pursuance of a general plan, endeavor to subdue all who opposed the jurisdiction of Yermont. As the initiative step in the proceedings which were to follow, Sergeant McWain, on the 18th of May, entered a complaint against those who had been engaged in the rescue of the cows, * Papers relating to Vt. Controversy, in office Sec. State K Y., p. 12. 1779.] CONDUCT OF ETHAN ALLEN. 339 and damages were laid at £1,000 lawful money. Writs were issued, signed by Ira Allen, for the arrest of forty-four persons, among whom were the officers in Brattleborough, Putney, and Westminster who had received commissions from Kew York, charged with " enemical conduct" in opposing the authority of the state. Of this number thirty-six were taken and con- fined in the jail at Westminster, ^o return was made of the remaining eight.* Closely crowded together in one room, the prisoners were obliged to remain standing on their feet during the first night of their confinement. This, and the excessive heat of the weather, rendered their sufferings almost intolerable. In answer to their just demands, more comfortable quarters were, on the next day, provided for them, and their situation during the week in which they continued in prison, although by no means agreeable, was thus rendered endurable. Tliat the sheriff might be protected in the execution of his office. Gov. Chittenden, as captain-general of the state militia, ordered Col. Ethan Allan to engage " one hundred able-bodied, effective men, as volunteers, in the county of Bennington, and march them into the county of Cumberland," there to remain durmg the sitting of the court. Orders for men were also issued to Col. Joseph Marsh and Col. Samuel Fletcher, and dm-ing the week of the trial a force varying from two hundred to three hundred and fifty were under arms at Westminster. Armed with authority from the Governor, Ethan Allen at the head of a hundred Green Mountain Boys, boasted of his force which he represented as five times greater than it really was. In his intercourse with the Yorkers, he abused them in the most insulting terms. Not only with his tongue, but with liis sword also, he assailed those who differed from him in opinion. Vermont, he swore, should be established as a state, let the cost be what it might ; and if bombast and effrontery could have accomplished this end, there would have been no occasion for the efforts of any other person. Allen's rhodomontade would have effected that which was finally realized only by time and compromise. To such a pitch of rage were the Y^orkers incensed by his conduct, that the reluctance to shedding human blood was alone snfficient to deter them from resisting his petty tyranny, and releasing the j)risoners who were guarded by his men. At this crisis, a meet- * These were Israel Smith of Brattleborough ; Charles Kathan, William Perry, Koah Sabin Jr., and Joseph Lusher of Putney ; Joseph Ide, Ichabod Ide Jr., and Wilcox of Westminster. — MS. Court Records. 340 HISTORY OF EASTERN VERMONT. [1779. ing of tlie county committee composed of ISTew York adherents, was convened at Brattleborough on the 25th of May. An account of the events of the preceding week was prepared by Samuel Minott, the chairman on that occasion, and was for- warded to Governor Clinton by an express. Tlie prayer for relief was of a nature not to be mistaken. If aid is not ren- dered, " our persons and property," said they, " must be at the disposal of Ethan Allen, which is more to be dreaded than death with all its terrors."* An adjourned session of the su]3erior court was held at West- minster on the 26th of May. Moses Robinson of Bennington, presided as chief judge, assisted by John Shephardson of Guil- ford, John Fasset Jr., of Arlington, Thomas Chandler Jr., of Chester, and Capt. John Throop of Pomfret, side judges. To guard against interruption during the session, the people of the town who supported the jurisdiction of Vermont forcibly seized the public stock of gunpowder, amounting to one hundred l^ounds, which had been provided by the state of New York, and placed twenty-five pounds of it in the hands of their friends. Preliminaries having been arranged,the prisoners, under a strong guard, were marched from the jail-rooms in the lower part of the county hall to the court-room in the second story. Noah Smith, the state's attorney, exhibited a complaint against the delinquents, in which he stated, that they were assembled at Putney on the 28th of April previous, " in a riotous and unlaw- ful manner ;" that they, at that time, made an assault upon one William McWain, " a lawful officer in the execution of a lawful command," and rescued out of his hands and possession two cows, which he had taken by legal measures. He charged that such "wicked conduct" was a flagrant violation of the com- mon law of the land, and contrary to the force and effect of a statute law of the state, entitled, " An act to prevent riots, dis- orders, and contempt of authority within this state, and for punishing the same."t * Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 13. f As an example of the severity of the earlier laws of Vermont, the act referred to in the text is given entire. It was passed at the session of the General Assem- bly holden at Bennington, in February, 1779, and, with the exception of its title, is as follows : — " Whereas, breaking open gaols, rescuing prisoners, &c., are much to the da- mage of civil society, " Which to prevent, " Be it enacted, and it is hereby enacted, by the representatives of the freemen 1779.] COURSE OF THE IMPKISONED YORKERS. 341 Much time having been occupied in perfecting the arrange- ments incident to the occasion, and the day being far spent, the court announced a recess until tlie following morning. On their return to the jail, the prisoners held a consultation in order to decide upon the course which in the present emergency could be pursued with the greatest advantage. Of their number was Micah Townsend of Brattleborough, a lawyer of abihty. By his advice they addressed a petition to the judges of the court, in which they set forth the peculiarity of their situation, and the want of impartiality in the proceedings then in progress against them. They averred that on account of the recency of their apprehension, and the strictness of their confinement, they had been unable to procure any writings or witnesses to substan- tiate the pleas wdiicli they might wish to ofier, and, further, that they could not be "justified to their consciences and to the world," should they omit any " prudent and lawful measures to acquit themselves." They also desired the privilege of obtain- ing counsel from another state, to plead their several causes. of the state of Vermont, in General i\ssembly met, and by the authority of the same, that if any person, or persons, shall impede or hinder any officer, judicial or executive, civil or military, under the authority of this state, in the execution of his office — on conviction thereof before the superior court of this state, [the offender] shall be whipped on the naked back, not exceeding one hundred lashes for the first offence, and pay all costs and damages that shall accrue from such disoi'der, beside cost of prosecution ; and, for want of estate to pay said costs, damages, (fee, the offender may be bound in service to any subject of this state, for such time as shall be judged by said court to be sufficient to pay said costs, damages, &c. And said court are hereby authorized to bind said delinquent. " Be it further enacted, by the authority aforesaid, that if any person shall be guilty of a second offence of the like nature, and shall be convicted thereof, he shall be branded with the letter C on the forehead and shall be whipped on the naked back, not exceeding one hundred lashes ; to be repeated every time of con- viction. " Be it further enacted, by the authority aforesaid, that if any person or per- sons, either directly or indirectly, shall break open, or aid or assist in breaking open, any gaol, or place of confinement, wherein any prisoner or prisoners may be confined by the authority of this state, on conviction thereof, [the offender] shall be whipped on the naked back, not exceeding one hundred lashes, and be branded on the forehead with the letter B, and pay a fine, not exceeding one hun- dred pounds, and all costs and damages that may accrue from such disorder, toge- ther with cost of prosecution ; and for want of estate to pay said costs and da- mages, the offender may be bound in service as aforesaid. " That the superior court, before the dismission of such delinquent, may call on him to give bonds, in surety, not exceeding three thousand pounds, for his good behaviour ; and in case such delinquent shall refuse to give such surety, said court are hereby empowered to confine such delinquent in any of the gaols in this state." — Slade's Vt. State Papers, p. 300. 342 HISTORY OF EASTERN VERMONT. [1779. To obtain these ends, tliey prayed tliat the court might be adjourned, for at least one month. To this petition were sub- scribed the names of twenty-eight of the prisoners. Its only- effect was to procure as counsel for the delinquents, Stephen Row Bradley, then of Bennington, the temporaiy clerk of the court. "When the court resumed business on the morning of the 27th, the state's attorney having become satisfied of liis inability to sustain the complaints which he had instituted against three of the prisoners, John Ivathan, John Kathan Jr., and Lieut. Daniel Kathan, all of Dummerston, entered a nolle prosequi in their cases and withdrew the suits. At the same time the defendants' attorney, Mr. Bradley, presented a motion to quash the indict- ments preferred against Stephen Greenleaf Jr., of Brattle- borough, Joseph Goodhue of Putney, and Josiah White, on the ground of the nonage of the parties. The motion was granted, and the court was about to proceed with the trial of the remain- ing prisoners, when an unexpected interruption took place. Ethan Allen, who, with his men, had been engaged at West- minster in assisting the sheriff and guarding the prisoners, had watched with interest and satisfaction the transactions of the preceding day, and had expressed great pleasure at the manner in which the goddess of justice seemed to be preparing to pu- nish the rebellious Yorkers. He was not present at the com- mencement of the second day's session, but having heard that some of the prisoners were obtaining their discharge, he resolved to stop sucl| flagitious conduct, and teach the court their duty. Accoutred in his military dress, with a large cocked hat on his head profusely ornamented with gold lace, and a sword of fabu- lous dimensions swinging at his side, he entered the court room breathless with haste, and pressing through the crowd which filled the room, advanced towards the bench whereon the judges were seated. Bowing to Moses Robinson who occupied the chief seat, and who was his intimate friend, he commenced a furious harangue, aimed particularly at the state's attorney, and the attorney for the defendants. The judge, as soon as he could recover from his astonishment, informed the speaker that the court would gladly listen to his remarks as a private citizen, but could not allow him to address them, either in military attire, or as a military man. To this information Allen replied by a nod, and taking off his chapeau threw it on the table. He then proceeded to unbuckle his 17T9.] SINGULAR PEOCEEDINGS OF ETHAN ALLEN. 343 sword, and as he laid it aside with a flourish, turned to the judge and in a voice like that of a Stentor, exclaimed, " For forms of government, let fools contest ; Whate'er is best administer'd, is best."* He then turned to the audience and having surveyed them for a moment, again addressed the judge, as follows: — "Fifty miles, I have come through the woods with my brave men, to support the civil with the military arm ; to quell any disturb- ances should they arise ; and to aid the sheriff and the court in prosecuting these Yorkers — the enemies of our noble state. I see, however, that some of them, by the quirks of this artful lawyer, Bradley, are escaping from the punishment they so richly deserve, and I find also, that this little Noah Smith is far from understanding his business, since he at one moment moves for a prosecution, and in the next wishes to withdraw it. Let me warn your Honor to be on your guard, lest these delinquents should slip through your fingers, and thus escape the rewards so justly due their crimes." Having delivered himself in these words, he with great dignity rej^laced his hat, and having buckled on his sword, left the court room with the air of one who seemed to feel the weight of kingdoms on his shoulders. After a short interval of silence, business was again resumed. Of those against whom warrants had issued, tliirty were now before the court on trial. Tliese were Col. Eleazer Pat- terson of Hinsdale ; Maj. Elkanah Day, Capt. Michael Gilson, Lieut. Medad Wright, Benjamin Wliitney, Bela Willard, Joseph Willard, Bildad Easton, John Norton, and Deacon John Ses- sions of Westminster ; Lieut.-Col. John Sargeauts, Lieut. James Blakeslee, Lieut. Samuel Root, Micah Townsend, Timothy Church, and Benjamin Butterfield of Brattleborough ; Capt. James Clay, Lieut. James Clay Jr., Lucas Willson, Ephraim Clay, Daniel Sabin, Noah Sabin, William Pierce, Noah Cush- ing, Samuel Wheat, Francis Cummings, James Cummings, Tlir>mas Pierce, Joseph Jay, and Tliomas Nelson of Putney. They were generally men of note and influence, and among * Pope's Essay on Man, epistle iii. vs. 303, 304. Referring to the sentiment contained in these lines, John Adams once observed, " Pope flattered tyrants too much when he said, " For forms of government, Ac." The Life and "Works of John Adams, iv. 193. 344 HISTORY OF EASTERN VERMONT. [1TT9. them were some of greater ability than those who 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 delinquents then pleaded, to general issue, not guilty, and gave in evidence that they were subjects of the state of I^ewYork, 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 Boot, John ISTorton, and John Sessions, each, £20. Ephraim Clay, Medad Wright, Bela Willard, Joseph Willard, and Bildad Easton, each, £10. Daniel Sabin, jSToali Sabin, William Pierce, Noah Cushing, Samuel Wheat, Francis Cummings, James Cummings, Joseph Jay, Thomas Pierce, and Thomas Willson, each, £3. Benjamin Buttertield, £2. In addition to this the costs of prosecution, * The law referred to, and which is given in full in a previous note, was passed at Bennington in the month of February preceding with many others, but was not published until several months liad elapsed. In a letter from Ira AUen, 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 was 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. 1779.] SENTIMENTS OF IKA ALLEN. 345 amounting to £1,477 18s., were divided equally among the delinquents.* In 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 Vermont. " It is not our design," said he, " to treat the inhabitants of this county with severity, but with as much lenity as the natm'e 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 ISTew York in this coimty, but hope to make them om- friends, and have the pleasure of treating them as such. We mean this movement as a defiance to the old government of ^ew York, with 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. Wlien on the 2d of June, the General Assembly held a special session at Windsor, this eftect 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 Vermont, when it uttered its edicts in terms as plain and decided as these : — " Whereas there are divere persons within this state, who have opposed, 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 Vermont, in General Assembly met, and by the authority of the same, that if any persons with- in this state, except continental officei*s, shall, after the first day of September next, accept, hold, or exercise any office, either * MS. Court Records. George Clinton Papers in N. Y. State Lib., vol. vii. docs. 2231, 2249. Doc. Hist. N. Y., iv. 957-966. Slade's Vt. State Papers, 305- 312. Narratives of Old Men. 346 HISTORY OF EASTERN VERMONT. [1779. civil or military, from or under any authority, other than is or shall be derived from this state, and b.e thereof duly convicted, they shall, for the first oifence, pay a fine not exceeding £100 lawful money, according to the discretion of the court which may have cognizance thereof; and for the second ofience of the like kind, shall be whipj^ed 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 on a hot ii'on. This act to continue in force until the rising of the Assembly in October, 1T80, 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 Thetfoi'd, 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 i-aising and sending the posse comitatus 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 ISTewfane. 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. Ko one was excused from affording aid in carrying this law into execution. In the Council, measures more conciliatory in their nature were adopted. Maj. Stephen Row Bradley was appointed to prepare a proclamation " to be issued by his Excellency," 17T9.] GOV. Chittenden's proclamation. 3-17 relative to the disaiFected inhabitants of Cumberland county. The 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 pubKc 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,f 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 follows' 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." •\ In the original, this passage ran, " deceived and led on by certain persons ordained of old to condemnation." I 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 HISTOKY OF EASTERN YEKMONT. [1779. of tliis state, in General Assembly met, to make known and declare this mj gracious design of mercy to every offender, and do hereby publish and declare to all persons, residing within this state, a full and free pardon of all public offences, crimes and misdemeanors heretofore committed within the limits of the same, against the honor and dignity of the free- men thereof; reuiitting 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 person to whom judgment has already been rendered, nor to bar any person from recovering private damages, anything contained herein to the contrary notwithstanding. " And I do fm-ther 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. " Tliomas Chittenden. " By His Excellency's command. " Jonas Fay, Secretary, ])to tern. " God save the People.":}: * The words " and other capital offences, committed since the fifteenth day of January, HY? " are wanting in the original. The words following " misprision of treason" in the original are, " against this, or the United States." f 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 draft published in Slade's Vt. State Papers, pp. 556, 557. X 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, tliis proclamation, the orders of the Governor to Col. Ethan Allen dated the 6th of May, 17Y9, and an extract from the records of the adjourned 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 supj)orting 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. The committee met, however, on the Ist 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 HISTOKT OF EASTERN VEKMOXT. [1779. arrived from Clinton containing an account of tlie trouble which had been foreshadowed. Although these letters were not laid before Congress, yet the legislation which followed was probably based in part uj)ou them. A resolution was passed, authorizing the appointment of a committee who should be instructed to rei3air to the " Grants," and learn the reasons why tlie inhabitants 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 Chnton in letters dated the 1st of June, from John Jay, the president of Congress, and from the ]^ew York delegation. In the com- munication of the latter, moderation was especially recom- mended. " Li 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, harmony, and good understanding," would arise between New York " and her sister states to the eastward."* On the 2d of June, Oliver Ellsworth and Jesse Root of Con- necticut, Timothy Edwards of Massachusetts, Dr. John Witlier- 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 aiDpointment 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. While 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 nnich 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 tune he assured Minott that he should convene the members as soon * Papers relating to Vfc. Controversy, in office Sec. State N. Y., pp. 15, 16. 1779.] GOVEKXOK CLINTON. 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 inhabitants 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 wliich 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 difficulties which 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 officers of tliis state in the county of Cumberland, the justice and wisdom of Congress would 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 exertions 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 great 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 which 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 Sec. State K. Y., p. 1*7. 352 HISTORY OF EASTERN VERMONT. [1YT9. visions, he stated that he had been ordered by the Legislature to coUect a " magazine of Hour," 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 opinion 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 New York. He appealed to their candor to decide whether their inaction accorded with their repeated resolutions in which they had declared their determination to " discountenance every s^iecies 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 New York with those of the other states in the Union." Not 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 eifects for which I suppose it was calculated ; for, notwith- standing the just and generous terms offered by my different proclamations founded on the resolutions of the Legislature of this state, the refractory disposition of the principal actors in this revolt has stiU increased. By them it will be considered as an implied acknowledgment of their authority, and tliereby 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 W. Y., p. 20. 1779.] JOHN SESSIONS. 353 ference committee should postpone their journey 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 letters to Minott, Washington, and Jay.* By the committees of six towns in Cumberland county, which acknowledged the jurisdiction of New York, John Sessions of "Westminster was commissioned to hear 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 pm'pose of expediting, if possible, the determination of Congress with respect to the controversy. A report spread by Ethan Allen, to the effect that two-thirds of the members of Congress were favorers of the new state of Vermont, served to render the committees especially anxious to know how much of this 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 endui'e 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."t 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 Roswell 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 depended upon the * Doe. Hist. N. T., iv. 966-976. Journals Am. Cong , iii. 285, 286, 295-298. Papers relating to Vt, Controversy, in office Sec. State, N. Y., pp. 18, 19. f George Clinton Papers in K Y. State Lib. vol. viii. doc. 2394. 23 354 HISTOKT OF EASTERN 'V'ERMONT. [1779. assistance of a thousand 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 the Governor that Ethan AUen had remarked that the trials of the 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. " xYfter so open a challenge," wrote Mr. Townsend, in view of these circumstances, " if Congress does not immediately determine this controversy in favor of Kew York, or the state eifectually 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 infalHbly 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 wiU 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 coimty, and then, if it should be thought practicable to make use of the Yorkers resident in Yermont, to supply them with arms, ammunition, 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 three hundred men should be sent to build them and to act as a gar- rison when they should be completed. Tlie accomplishment of ITTO.] ACTION OF CONGRESS. 355 tills design he described as easy, owing to the 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- blishment of courts of justice, a measure which, he supposed, would tend gradually to restore order and end opposition. " Li this event," said he, " Charlotte county will be between two 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 ]^ew York was " in earnest" in her efforts, a company could be easily raised in the county 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 liberty " by certain persons of a district called the 'New Hampshire Grants," ought to be immediately liberated ; directed the committee of conference, that had already 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 policy of any of the United States ; and decided that, inasmuch as"verysalutary 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 Ver- 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, 289'7. 356 HISTORY OF EASTERN VERMONT. [IT TO. delay would give tlie committee an opportunity to report, and at the same time would not prevent liim, in his official capacity, from making such arrangements for supporting the authority of the state as circumstances might require.* Notwithstandino: 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 m 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 ITth, that they were required to do military duty. On their refusal to comply, being subjects of Hfew 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 Vermonters, 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 projDerty at vendue. On the same day an officer who had been directed to demand the services of Ephraim Kice of Fulham as a soldier, called at his house accompanied by five men. Rice refused either to serve, or to pay one half the amount required 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. Witherspoon 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 lioj)ed to achieve. Tliey expressed 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. Y. iv. 976-9*78. Papers relating to Vt. Controversy, in office Sec. State N. Y., pp. 21, 22. I 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. ITTO.] SENTIMENTS OF GOV. CHITTENDEN. 357 sent obtained a promise from Governor Chittenden, that the subjects of Kew York resident in Cumberland county, should not be molested until a final settlement of existing difierences 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 officers. By following this advice, the Yorkers would neitlier acknowledge the authority of Yermont, nor disavow allegiance to New York, Such a course 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 Yennont 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 difficulties 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 Xew 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. Tlie sentiments entertained by the government of Yermont towards that of I^ew 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. 23. ■j- Papers relating to Yt. Controversy in office Sec. State N. Y., p. 24. 353 HISTOEY OF EASTERN VEEMONT. [1779. committee, whether the people of the new state would be willing to refer the final decision of the question of jui-isdiction 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 ISTew 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 27th, to the Congressmen with whom he had so lately held conference. Li 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 eifect 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 the new state men, and of the written replies which they hud * Papers relating to Vt. Controversy, in office Sec. State K Y., p. 25. ITtO.] CONVENTION OF COMMITTEES. 359 received in their conference witli Governor Cliittenden. 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, however, 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 Vermont as a free and independent state.f On the 23d of July, the committees of Hinsdale, Guilford, Halifax, Brattleborough, Fulham, Putney, Westminster, Rock- 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 Yermont, Samuel Minott being- chairman and Micali 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 l^ew Hampshire Grants were reviewed, and the conduct of those concerned in them, noticed. In opposition to the attempts of those who desired to establish Vermont 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 opinion that the settlement made by the king of Great Britain in the year 1764 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 comniittee 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, 1'7'79, Burk is directed ''to call upon those called Yorkers" to contribute their proportion in hiring a man to do military duty, "but not to proceed in law against them in case of refusal at this time." George Clinton Papers, in K Y. State Lib., vol. viii, doc. 2466. f Various MSS. Doc. Hist. N. Y., vi. 9Y8, 979. Journals Am. Cong. iii. 322. 360 HISTORY OF EASTERN VERMONT. [1779. cause of America. Heferriug to the cruel activity which had been evinced towards them by the " usurped government," and to the proscriptive and bloody enactments which the Legisla- ture of Yermont 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 deprived of them by violence, and ensure peace to a distracted people.* At the same convention, a letter was prepared for Governor Clinton, 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 Kew 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 subj ected 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 aU 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 Yer- mont had attracted the notice of Congress, and threatened to disturb the peace of the continent, we rejoiced at what had * Doc. Hist. N. Y., iv. 981-987. Papers relating to Vt. Controversy, in ofl5ce Sec. (State N. Y., p. 26. 1779.] PETiTiox srBMirn:D to xew toek legislattiee. 361 occasioned Congress to attend to our difficulties, though other- wise distressing. But -when we are convinced that those from whom we expected relief, by public recommendations and pri- vate advice, countenance what we before thought was rebellion ; and instead of supporting the jurisdiction of New York, advise its subjects to a temporary submission to Vermont, and, as we are informed, the officers of Vermont how to conduct the opposition to New York, we are discouraged, and think it needless for us to spend our time and money, and perhaps subject om'selves 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," imless 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 Cumbei-land county at this time, were Micah Townsend, Elkanah Day, and John Sessions. Tlie petition was brought in by Mr. Townsend on the 25th 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, Eockingham, 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 K Y. State Lib , vol viii. doc. 2448. 362 HISTORY OF EASTERN VERMONT. [1779. sition to the authority of the pretended state of Yeriiiout ; may be presumed to be pecuKarly 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 : " Eesolved, 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. " Eesolved, 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 26th. The 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 26th by a joint com- mittee from the two houses, who reported a draft of instructions for the benefit of the New York delegation in Congress. The report was agreed to by the Senate on the same day, and on the 27tli 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 Journals, N. Y. Senate Journals. Doc. Hist. N. Y., iii. 987- 992. Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 27. 1779.] S-ENTIMENTS OF GOV. CHITTENDEN. 363 Jay on the 5tli 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- ])eached and censured" by them, before the " facts and circum- stances in the case could have been particularly known." The punishment which those acting undai" 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 eifected 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. Tlieir 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 tliem who were able-bodied and effective, 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 Avho 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. [1779. the fact, that there were others who would be glad to see Ver- mont established as a separate state. After numerous delays the subject of the controvei-sy 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 New Hampshire, Massachusetts, and New York, the passage of laws expressly authorizing Congress " to hear and determine all diiferences between them, relative to their respective boundaries, in the mode prescribed by the articles of confederation," was earnestly recommended. To the same states 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 within 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. They 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. 1779.] EESOLVES OF CONGRESS. 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. They 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. Tlie 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 Kew 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 ajDproaching 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. The resolves of Congress were approved of in ISTew Hampshire, and delegates were chosen on the 17th of November, to present and defend the claims of that state at the time appointed. The j)ower 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 HISTOEY OF EASTERN VERMONT. [1779. the confederacy looked forward with an interest commensurate with the importance of the results which were to follow.* * Doe. Hist. N. Y., iv. 992-1000. Journals Am. Cong., iii. 350, 363, 365-367, 371. Blade's Vt. State Papers, pp. 110-115. Papers relating to Vt. Controver- sy, in office Sec. State N. Y., p. 80. Laws of N. Y., in office Sec. State K Y., 1777-1789. CHAPTEE XIY. CONTINUATION OF THE DISPUTE. THE BUENING OF KOTALTON. 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 efi'ect a Settlement with the Yorkers — Petition of Inhabitants of Cimaberland county to the New York Legislature — Gov. Clinton's Letter to Samuel Minott — Josiah 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 — Sufi^erings 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. During tlie 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. The attention of Congress was so much occupied in furthering the general welfare of the Union, that the jDoints of difference between the contending parties, were allow- ed to remain undecided. 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 VEEMONT. [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 the month of Fe- bruary, 1780, Henry Sherburn and Timothy Root, inhabitants of Guilford, 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 Hoot 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 the}'' owed allegiance. They aimed to be the sole rulers within their owm 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 Rice, Phineas Rice, and Micali Rice, 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 Yermont" 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, foi*, by his or- ders, Goodenough was forbidden to proceed with the trial, the court 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 suifrage, 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 sheriif," requiring the people of the town to assemble and elect a Governor and other civil ofli- cers for the state of New York. In obedience to this call, those of the inhabitants wdio 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 1780.] OPINIONS OF THE PEOPLE. 369 who should concern themselves in New York elections with prosecutions. When the people met at Putney to vote, the Vermonters appeared in force, and, by their authoritative and menacing manner, put an end to the voting. Conduct similar to this in other towns deterred many of the more timorous friends of ]^ew York from declaring their sentiments. The election was regarded by all as a failure. It did not express even the little strength which was to be found in the itmks of the minority. On the 10th of April, after his return home from the session of the Kew 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 w^as brought in contact. For three years had the loyal subjects of New York awaited the decision of Congress respecting the recognition of Yennont as a sepa- rate state. To the February just passed they had looked for- ward with the 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 Vermont. Many, wavering between hope and fear, began to think of safety in " an agreement with the ruhng powers," as they designated the government of Vermont. 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, until 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 Vermont 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 estabUshed, but who had every- 24 370 HISTORY OF EASTERN VERMONT. [1780. thing to lose in case lier claim sliould 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. 2n ine 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 the 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 Kew York- He reminded the Governor, that many of the inhabit- ants of Cumberland county, from the time the independence of Vermont 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 24th of September, 1779, " generously designed " to protect the grantees, and " pre- vent the alienation of public property." 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 Vermont; had punished several who had sold liquors without a Vermont 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. 1780.] minott's letter to clinton. 371 York to submit to the jurisdiction of the new state before the 1st of June following. AHuding to the precariousness of the situation of the Yorkers, he 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 beKeve that Congress — with whom the matter now solely rests — will not do anything effectual for our relief, w& do not think it our duty any longer to put our all at stake. We would wish, sir — we are earnestly desirous, to live under the government of New York, but cannot longer risque so much for a government which is either unable or unwilling to protect us ; and must candidly assure yom* 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 aiford them secu- rity." While thus stating the grievances to which the adherents of New York in Cumberland county had been subjected, Mr. Minott, 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 exj^ress 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 favor 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. [1780. without any prospect of private advantage, tliey had spiritedly maintained the authority of New York against the violent mea- sures of the Yermonters. An accurate knowledge of the situa- tion of the Yorkers, hoth 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 Kew 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 difler- 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, 1781. Phelps refused to serve, and declined to pay the fine which was imposed upon 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 thi'eatened the younger Phelps with whipping if the fine was not paid. A few days after tliis occurrence, as was then reported, a post was erected in Marlborough for the purpose 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 is. docs. 2798, 2806. 1780.] PROCEEDINGS AGAINST THE PHELPSES. 3T3 sheriff was ordered to attacli tlieir goods to the value of £6000 lawful money, or their bodies in case property to this amount could not be found. On the 8th of June, Josepli 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, west as far as his land goes, and so far south as to contain thirtj'- 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 June, but the decision of the court was withheld. At the August term, Charles Phelps came before the com't, and, in defence of his conduct, stated that he made the assault only to maintain possession of his propert}", 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 Halifax, 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 HISTORY OF EASTERN VERMONT. [1780. nothing to expect but an nneqnal and bloody conflict with a ferocious set of men, exasperated by our opposition to their ille- gal measures. 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 onust 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 Avhich 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 wdiich he declared his behef, founded on credible information, " that the assumed govern- ment of the New Hampshire Grants, called Vermont " 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 New York, who had been a member of said Convention and was now a member of the Assembly of Vermont, had informed him that the govern- ment of Vermont had re-granted lands which had been pre- viously granted by New York, without consulting the rights or IT 80.] CONGRESSIOXAL MEASURES. 375 interest of the first grantees, and had also disposed of large tracts to j^ersons residing in Connecticut, and to certain continental ofiicers 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 June 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 be 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 oflicially 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 Brattleborough 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 K T. State Lib., vol. ix. docs. 2856, 2865. MS. Affidavit of Jonathan Hunt. f Journals Am. Cong., iii. 462-465. Broadside, in Papers relating to Vt. Con- troversy, in office Sec. State K Y., p. 34. 376 HISTOKT OF EASTERN VERMONT. [1Y80. 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 government of the new state would manifest its power by some decisive act, had come and gone,- and no change in the adminis- tration of Vermont 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 Vermont 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, 17T8, 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 Alban}^, Charlotte, Cumberland, and Gloucester, in their persons 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 * MSS. of the Hon. Stephen R. Bradley. 17S0.] Clinton's letter. 377 several years had elapsed that this application, and other applications resembhng 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 Clinton 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 probabihty 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 theii* 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 important, 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 ITew York, resident in Cum- berland county, were hving "totally exempt from public burthens." While declaring his disbelief in the charge, he still 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. K. Y., iv. 1003 1004. Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 35. 378 HISTORY OF EASTERN VERMONT. [1Y80. 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 liope, provided the project of raising men for the army in the " well-affected" towns should appear practicable, that Patterson would lend his " best exer- tions" to carry it into prompt execution.* Although the subjects of New 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 Vermont. It chanced therefore, that when Comfort Star, captain of the first militia company in Guilford comiected with the first Yermont 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 Ist day of January, 17S1 — ^it chanced then, that both of the men di-afted, 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 Kobinson, 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 Clintou Papers, in N. Y. State Lib., voL x. doc. 2981. ITSO.] EI^^LISTMENT OF S0LDIEE8. 379 After several efforts 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 coi:)y 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 trial* 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 project, 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, oji the 20th of July, that he and the oflicers 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 Isew York, and not a " want of sufficient 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 16th of September, Governor Clinton exhorted the Colonel and those associated with him, to adhere to the course they had taken. That their military organization might 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 HISTORY OF EASTEEN VERMONT. [1780. and declared liis belief tliat they would make use of every means in their power to render their recruits military and eifective 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 j^artly on conversations which they had held with persons who had seen scouts who had removed from Cumberland county and joined the British in Canada. These 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 11th 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 conspiring 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 military 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. Y. State Lib., vol. x. docs. 3081, 3085: xi. 8224. 1780.] LUKE KNOWLTON. 381 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. Tlie vague reports whi-ch were then floating among the com- munity, springing from no very responsible source, and exag- gerated by ti'ansmission, were the precursors of that diplomatic correspondence which for more tlian two years was carried on between Frederick Haldimand on behalf of the British, and Thomas Chittenden on the part of Yermont, and which gave foundation to innumerable stories subversive of the ideas which had hitherto been entertained of the loyalty of Yermont 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 lie 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 controvers}^ would be decided. Tlie interview between the parties interested and Congress, was opened on the 19tli of September, by the presentation of docu- ments detailing the difi'erent 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 Yermont * George Clinton Papers, in N. Y. State Lib., vol. xi. docs. .3214, 3250. 382 'history of eastern Vermont. [1780. becoming satisfied that partial modes were pursued, and ex-parte evidence presented and received, withdrew from the assembly, and, on the 22d, sent in to Congress a remonstrance against their proceedings. On the 26th, Knowlton notified to Congress that the expensiveness of living and the sickliness of the place, would render it " very disagreeable" for him to remain longer in Philadelphia, and retm*ned home. These events, combined with the doubts which had been excited in the minds of many of the members of Congress as to the validity or invalidity of the differing claims, rendered a postponement of the hearing extremely desirable. This end was accomplished by a resolve to that effect, 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 Yermont, 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 difliculties 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 aflbrd 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 Newton, and Prince Haskell. Tliese men were subsequently can*ied to Canada, whence the two former escaped in the spring following. The latter was exchanged after being for more than a year in captivity. "While prisoners they suffer- 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 Bethel 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. s. doc. 3181: xi. 8215. Journals Am. Cong.,iii. 518-521, 526, 634. 1780.] mcuKSiONS of the British. 383 which had been removed from Koyalton, was commanded by Ca^itain Safford. On the occasion of this incursion, it rendered no effectual service in behalf of the inliabitants. 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, 1YT6, 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, residting 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 l^ewbury 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 tlie 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 survey lands in the northern part of Vermont, 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. + "WilUains says 210; Thompson, "about 800." 384 HISTORY OF EASTERN VERMONT. [1780. bury 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 striking 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 place, 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 flight. Havens succeeded in throwing himself over an adjacent hedge, and, being protected by the bushes, crept down the bank of tlie 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'e house as a deposit for their bag- gage and a post of observation, a portion of the party were left 17S0.] ATTACK O^ KOTALTOX. 3S5 there as guards, while the main body again set forth to complete the work of destruction. On their way they overtook Ellas But- ton, a young man, who endeavored to avoid them. But the 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 prisonei's 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 dwelhngs and bring in prisoners. They had already 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 afford 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 house of Deacon Daniel Rix, Stevens took Mrs. Rix and two or three children with him on his horse ; Parkhurst performed the same kind ofiice 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 Eix 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 HISTOKT OF EASTERN VERMONT. [1780. 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 all 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 enemy. On their a23proach, 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 17S0.] SETTLERS MADE PRISONERS BY THE INDIANS. oS7 Rix, a boy about fourteen years old, was alone made prisoner. Approacliing 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 los;, remained in safetv till the danger had l^assed. 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 should 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 passmg through his body lodged in the skin in front. Notwithstanding the wound, being able to ride, he pur- sued his course towards Lebanon, ISTew 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 crof)s, 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 the house. Having searched the dwelling for men, but without success, they car- 388 HISTORY OF EASTERN VERMONT. [1780. ried the beds out of doors, and, cutting them open, tlirew the feathers in the air and amused themselves by watcliing tlieir eddying convokitions. After phmdering 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 imtil 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 tlieir captives. At the house of Elias Curtis they took him and Peter Mason prisonei*s, and commenced the work of ])lunder. 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 Chaffee 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, effected his escape. He immediately set out for the house of Mr. Ilendee, where he lived, and on reaching it gave notice of the on-coming danger. Ilendee, having directed his wife to take her little boy about seven years old, and lier 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 hstened 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 fii*st branch of White river, they proceeded to Pandolph, 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 17S0.] MEASURES DEFENSIVE AKD OFFENSIVE. 389 inhabitants 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 spread 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 spared 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 approaching 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. The 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 CoUege, which was then known by this name. Among the MSS. in the office 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. [1780. Tlie fire was retui-ned by tlie Americans. One of tlic 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 hundred yards of the enemy's rendezvous and awaited the approach of day. "Great consternation," observes' Williams, " now prevailed among the savages. Much fatigued, and in a profound slumber after one of their ravenous suppers, the alarm tilled 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 woukl 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, expecting 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, luieeland, had been sent to the cam]> 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 encamped 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, 1180, 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," 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 north-cast corner of the town of Woi'ccster ; 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 hne of Tunb ridge 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 * Blade's Vt. State Papers, pp. 128-141, 169. Papers relating to Vt. Contro versy, in oiBce Sec. State N.Y., p. 36. 404 HISTORY OF EASTERN VERMONT. [1781. 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 difficult as it would prove practically useless. As has been akeadj 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 Vermont on 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 Ciaremont, Newport, Unity and Wendall. Tlie 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. Tliomas Johnson of Newbury were preeminent. Tlie 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 tlie 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. 427. On tlie 19th of February, lY 81, 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 Xorwich were situated within the half-shires of the same name. 1781.] CAPTUEE 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, 1YT7, 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. Not 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 where 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 vrith 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 HISTOEY OF EASTERN VERMONT. [1781. ceeded about eiglit miles. Taking in their course Lamoille river, Grand Isle, Point au Fer, and L' isle au JSToix, the party- reached 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-suiferers 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 M'eek, which gift was of ffreat service in relievina: the miserv of their condition.'- Referring to this noble act, and the good results which followed it, Col. Elkins wrote : — " Tliere were among us forty captains of vessels, and mau}^ others who had some learning ; and when we got our shilling a week from Dr. Franklin, it was proj^osed 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 during his captivity, was far diflferent from that experienced by his unfortunate friend, Elkins. He was regarded by the British as a man who might * This cii'cumstance is mentioned in the " Memoirs of Andrew Sherburne " in connection with an account of the old Mill prison, pp. 78-96. 17S1.] ADVENTURES OF JOHNSON DURING CAPTITITT. 407 be of great service to them, provided lie could be induced to re- nounce bis allegiance to the United States. For the purpose of leading him to take this step, be 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. Notwithstanding the attentions which he received, his quarters were often shifted from St. John's to Montreal, from Montreal to Chambly, and from Cbambly to Three Kivers. 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 ansM'ers, 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 Hberty 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 there 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 niSTOKY 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 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 i)eace released him from his parole of honor, at the same time that it gave independence to the LTnited States.* On the 16th of March, a few days after the capture of John- son and his friends, another alarm was experienced at Xew- bury, the cause and character of which arc not known. It was sufficient, however, to excite the api)rehensions 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 ajjpears 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 The necessity of establishing the internal government of Yer- mont 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 HL p. 137. f MS. Muster-Rolls, etc. 1781.] DISSATISFACTION AT KOCKINGHAM. 409 declared a nullity, these gentlemen still retaining tlieir loyal feelings, had retired froui 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 tlieir 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 Ver- 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 f jr 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 CroAvn, 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 410 HISTORY OF EASTERN VERMONT. [17S1. the Horrid and Kever to be for Got Massacre Committed at Westminster Cortt House ou the Night of the 13th of March, 1775." They turther declared that they could perceive no dif- ference "between being hailed to Great Britton for Tryal or being Tryed by these Tools amongst our Selves," and asked for a new election, or for the retention of the commissions of Noah Sabin Jr., as judge of probate ; of John Bridgman, Luke Knowlton, and Benjamin Burt, as judges of the county court; of Ohver Lovcll and Elias Olcott as justices of the peace ; and of Jonathan Hunt, as high sherifl', in order that the petitionei-s 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 12 th of xVpril, and before the presentation of the Eockingham petition, a remgnstrance 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 instniment was answered in part, and the commissions of Noah Sabin Jr., as judge of probate, and of Samuel Knight, as a justice of the peace, were witliheld for the present. The Rock- ingham petition was considered on the 16th of April, but the Council refused to accede to the wishes of tlie 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.* Li enforcing the laws of the state, the com'ts sometimes expe- rienced difficulties by reason of the nature of the offences which tliey 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 * MS. Remonstrance, Council Records, «fec. 17S1.] ALAEM OF THE NOKTHEKN 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 TomKnson, now Grafton, " did, on or about " the 1st of August, while at Athens, " utter and publish these false and defamatory words " in relation 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 daimiably." 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, 1782. It was then carried forward to the June term, on which occasion it was again postponed. Tlie defendant was subsequently ordered to appear at the session in February, 1783, but failing to be present he forfeited his bail bond, l^o fm-ther 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 the only method by which they were permitted to evince their bravery on this occasion. The sole record of the exj^edition 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. * j\IS. Court Records. 412 HISTORY OF EASTERN VERMONT. [1781. During the summer, Capt. Nehemiali Lovewell was stationed with his company at Peacham. Tlie " Hazen Eoad" as it was called, which had been commenced by Gen. Bayley, in 1776, and completed by Gen. Hazen in 1779, began at Peacham and extended through the present towns of Cabot, Walden, 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 locality 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 Elkins,who had been carried away in the preceding spring. This was the last of the depredations by w^hich the inhabitants of the eastern settlements were disturbed during the year.* Although the frequent incursions of the Indians 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 Vermont and the British, that the most extravagant sm'mises 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. Whatever may have been the opinion of Washington and his advisers as to the course pursued by the leading men in Ver- mont during tliis 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 IsTew York, regarded with hatred and fear by I^ew 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 III. p. 137. 1781.] lENPATKIOTIC 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 New York, and afterwards a representative in the Assembly of Vermont — 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 Vermont would continue a state because it was 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 Vermont 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." The language of John Bridgmau, of Vernon, 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 Vennont and New Hampshire, said he, to that renowned Yorker, Timothy Church of Brattleborough, as they chanced to meet on a No- 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 EASTERN VERMONT. [ITSl, 1782. King and Parliament of Great Britain approved of, and would maintain the state of Vermont, lie 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 Vermont are in league with the common enemy, I have therefore to recpiest, that you will appear before a civil magistrate, authorized to take the same, and make affida\at 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 who had heard the remarks before narrated, committed the facts to writing in the form of affidavits, and sent them to Governor Clinton.* Although the JSTew 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 ISTovember, 1781, Seth Smith, Elijah Prouty, Daniel Shepardson, and Hezekiah Stowell informed Governor Clinton, by letter, of their disapprobation of the "present basis of government" as established in Vermont, and of the threatenings with w^hich they had been menaced by the people of that state. Tliey fur- ther declared, that " vast numbers" still held to the state of ISTew 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 l^earer of the letter. Tlie nature of this cor- respondence having become known, Seth Smith, who was re- garded by the Vermonters as a dangerous person, and who _ * George Clinton Papers, in K 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 riotous pro- ceedings, was indicted in December, 1781, before the conrt in "Windham county for " conspiring and attempting an invasion, insurrection, and public rebellion" against the state of Vermont, 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. They then referred to the inconveniences to which they had been subjected in earl}^ 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, Henry Hunt, Capt. Asa Rice, Capt. Daniel Wilkins, Newhall Earll, and Lieut. David Goodenough, assert- ing that almost aU the Yermonters in Guilford, and many in the 416 mSTOKY OF EASTERN VEKMOKT. [1782. adjacent towns, liad lately " turned against Yermont," and were desirous of owning the jurisdiction of New York and submitting to the decisions of Congress. To excite, if possible, an additional interest in their situation, the ISTew 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 Setli Smith 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 trutlifulness, Smith, as representant, declared that a " very great majority " of the inhabitants of Brattleborough and Guilford, and " at least three- fourths " of the people living within the " usm-ped jurisdiction of Yermont, on the east side of the Green Moimtains and west side of Connecticut i-iver," were desirous of returning to the " rightful jm-isdiction 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 Yermont ;" and that there was full evidence of the disaffection of " the leaders and abet- tors in the assumed government of Yermont " 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 Yermont 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 Yennont 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 Yermont ; and that the " ill-gotten powers " of the supporters 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. 17S2.] CHAKGES AGAINST Tllfe YEEMONTEKS. 417 In addition to these charges, he stated that the Yermonters had committed many acts of violence, nnder color of law, against the well-atfected subjects of the state of ]^ew York ; that they had proceeded so far against him, as to canse him to be charged — in an indictment for high treason against " their assumed government" — with an attempt to introduce a "fo- reign power" into Yermont, meaning undoubtedly by these words the government of ]^ew York and the authority of Con- gi-ess ; that they had " debauched " into a union with them- selves, portions of New York and New Hampshire ; that, althougli 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 pi-oceed- 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 oifered 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. Chn- 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 presume, from the temper of Congress," wrote he, " immediately to determine what eflfect Mr. Smith's representation is likely to have, and if it should not appear probable that any measures will be taken in cc'use- 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 2Sth of January, and was referred witli other papers to a special committee. Without waiting to see the issue, Smith 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 in 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 I^ew 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 New York and iSTew 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 copy 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-affected 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 mihtary 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 10th of February, but at that time and for several days following there was not a quorum present. As soon as a sufficient numljer had congregated, the petition and representation were read in the 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. Hathom, Tompkins, De AVitt, L'Hommedieu, and Adgate, from the latter 17S2.] DILATOKINESS OF C0NGKE8S. 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 JSTew York Legislatm-e, no direct results followed this eiibrt made by the constituents of Smith to obtain jvistice for themselves and protection from the people of Vermont. 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 Ver- 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 Kew 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 Vermont, 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 February, he was discharged from the indictment " for conspir- ing and attempting an invasion, insurrection and public relDel- 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 Vermont. Tlie disappointment which he had expe- rienced at Congress, was undoubtedly the cause of his applica- tion to the General Assembly. It does not appear, however, that he accepted the proposals which were oftered him, and, judging from the conditions on which they were based, it is probable they were rejected.* As soon as Vermont 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 12tli 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 K Y., vol. xiv. doc. 4129: vol XV., does. 4301, 4834, 4352. Journals of Am. Cong., Feb. 19tli, March 1st, 1782. Vt. Council Records. Journal Gen. Ass. Vt., Feb. 1782. Journals Ass. K. Y. Various MSS. 420 HISTORY OF EASTERN VERMONT. [1782. " entered into with the enemy ;" that the inhabitants of the Kew Hampshire 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 sufficient 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 under the authority of that state. On the 13th, a similar meeting was held at Guilford, and was followed by the same results. Tlie inhabit- ants of Halifax assembled on the Idth, for the purpose of con- sulting upon the question of their connection with New York, and arrived at conclusions of a like nature. On the 20th, a convention of the committees of the tlii'ee 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 " oj)pressions and grievances" to Mdiich 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, Kockiugham, and "Weathersfield, 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 Bi-attleborongh, Guilford, and Halifax. 1782.] PEKSEVEEANCE OF THE TORKEKS. 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 Yermont 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 was boldly asserted in this document, and the former were charged Math an agreement to raise a force to be employed under British pay for " the destruc- tion of the liege subjects " of the United States. ComjDlaint 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 suffering ensuing therefrom were also set forth in the plainest terms. These statements were accompanied b}'^ 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 Eichard Moms 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 N. Y., vol, xv., doc. 4482. 422 HISTORY OF EASTERN VERMONT. [17S2. fill towns, lield on the 30th 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 quahfied to fill civil and military offices, and was directed to submit it to the New York Council of Ap- pointment for their guidance in selecting officials for the county. In the execution of his commission, Mr. Shepardson repaired to Ponghkeepsie, 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 24th of September, 1779, which expressly declared it to be the duty of the inhabitants on the " Grants" owing ahegiance to Yermont, to abstain from exercising anv 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 pretence 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, justifi.able, and the faith and honor of Congress is pledg- ed for your support." In regard to the suspicions which were alloat as to the course which Yermont 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 seh- 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 ineffectual 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 17S3.] TIIE EEPUBLIC OF GUILFORD. 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 purpose 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 ofifered for those who should choose so to do, to attest their adherence to the government of ISTew 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 campaign." 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 New York, who, until the year 1780, had com- posed a large portion of the population of the towns in the south- eastern part of Vermont, had been gradually decreasing in power and numbers. At this period, a majority of the inhabit- ants of Guillbrd, a minority of the inhabitants of Brattlebo- rougli and Halifax, the family of Charles Phelps in Marlbo- rough, and here and there an individual in Westminster, Rock- ingham, Springfield, and a few other towns, represented their fuU strength. Although in town elections they were sometimes placed in nomination against citizens of Vermont, yet the lat- ter were, with rare exceptions, successful in obtaining ofiice 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 from New Hampshire ; had declared by vote, that Guilford was in the county of Cumberland, and province of * Doc. Hist. X. T., iv. 1010-1012. Slade's Vt. State Papers, pp. I'lB-llQ. Pa- pers relating to Yt. Controversy, in office Sec. State X. Y., p. 46. 421 HISTORY OF EASTEEN VEKMONT. [1782. Kew York ; and had cliosen town officers agreeable to tlie 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 principle 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." Tlius did this little republic continue from year to year to be governed by the decisions of town meetings, and the excellent administration of its afiairs and the inducements which were offered to settlers, clothed its fields with waving harvests, and adorned its hill-sides with cheerful dwellings. Not until the year 17T7, 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 soldiere 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 j)eople. A meeting was immediately called in Guilford, wliich was largely attended by the Yorkers, the dominant party in that town, and the instruc- tions from I^Tew York were 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 fortunes.'''' As an evidence of their sincerit}', 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 loyalt}^ was, that the affairs of the towai were regulated by two distinct sets of officere, 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 w^ho 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. SI. 1762.] SYilPTOilS OF A STOKil. 425 substitute. An open rupture could be no longer avoided. On tbe 10th of May, Simeon Edwards, William Marsh, and Eph- raim Nicholls, the selectmen of Guilford by the choice of the citizens of Vermont, directed the sherifi* 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 expended by the state in hiring a man to do military duty in their behalf. The sheriff was further in- structed to sell whatever he should seize, at public vendue, and return the proceeds to the selectmen, " with ah convenient dispatch." Tlie warrant authorizing these proceedings was placed in the hands of Barzillai E,ice, one of the sheriff's deputies, who determined to execute it immediately. On reaching the house of Hezekiah StoweU, a most violent Guil- fordite Yorker, he found a large company assembled, and among the number some whom he wished to see. Supposing himself secure 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 counseUed 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 public and in private. I deny the authority of Yermont. 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 niSTOKY OF eastern VERMONT. ^ [178? to Kew York for instructions. Tliis the deputy refused to do, and forthwith proceeded to carry off a cow belonging to Joel Biffelow, havino; 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 him with violence in case he should persist, and " damned the authority " under which he was presuming to act. Disregarding these expressions, the deputy persisted 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 connnand 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. While the support- ers of the claims of New York exulting in the success w^hich had attended this effort, were making every exertion to add to their strength and increase their efficiency, the citizens of Yer- mont were rejoicing that this forcible resistance had placed them 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 * Iq the presentment of tlie grand jurors of Windham county, made in Sep- tember, 1782, the following 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 Robei-ts, Dean Chase, Ben- jamin Chase, Nathaniel Carpenter, Edward Carpenter, Asaph Carpenter, Daniel Shepardson, Adonijah Putnam, Nathan Avery, Josiah Rice, David Goodeiiough, John Stafford Jr., James Packer, Stephen Chase, Joshua Nurse, Noah Shepardson, Joseph Peck, Joshua Lynde, Shubael Bullock, Israel Bullock, Samuel Melendy, Joseph Dexter, Moses Yaw, Amos Yaw Jr., and Hezekiah 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 appear. f MS. Court Records. Thompson's Vt. Gazetteer, ed. 1824, p. 141. CHAPTER XYI. THE CITLL SUSTAESTED BY THE MILITAKT AKM. Convention of town representatives favorable to New 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 — Tlie command of the Vermont troops given to Ethan Allen — Preparations for attack and defence — The expedition — 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 Chui-ch, 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 17th of May, and prepared a combined "remonstrance and petition " for the consideration of Governor Clinton. Tliis 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 Yermonters ; 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. The 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 HISTOKT OF EASTERN VEKMONT. [1782. defeat was certain, unless they should receive external aid. For these reasons they prayed the Governor to use his influence in obtaining the appointment 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 New York. Tliat the Yermonters might have no cause to charge them with indifierence to the common cause, they desired tlie 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 Yennont 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 first justice of the Inferior court of Cumber- land county, whenever such a tribunal should be established. The documentaiy 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 state 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 MILITARY APPOmTMENTS. 429 of Justice, as fully to all intents and purposes as in any other Counties in the State.'' These reasons were two in number. In 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 exert them- selves "ineveiy possible, lawful, prudent manner," to sujiport 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 foUow 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. Armed with these missives, the agent set out for Pouglikeepsie, 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 hapj)en in other portions of the eastern 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 this nature. John Billings of that town, having been guilty of some con- temptible act, was threatened with punishment. Tliis was in- flicted in such a manner as to cause considerable physical sufier- ing, and was humiliating in the extreme. On the night of the SOtli of May, a party of men composed of Jedediah Leavins, Phine- has Killam, James Williams, Timothy Lull Jr., Aden Williams, Timothy Banister, Simeon Williams, Joab Belden, and William Miller, all of Hertford, and Moses Morse and Amos Robinson of Windsor, " with force and arms, unlawfully, riotously, and routously" assembled and assaulted the unfortimate citizen. As was more clearly set forth in the presentment of the grand jury, they " did beat, wound, and iU-treat" him by " placing him on * George Clinton Papers, in N.Y. State Lib., vol. xr. doc. 4527. 430 HISTORY OF EASTERN VERMONT. [17S2. an old lioi-se without a saddle, tying liis 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 suftered 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, however, the law asserted its power, and the disturbers of the pubhc peace and the infringers of Mr. Billings's personal rights, were punished by pecuniary mulcts, and were compelled to bear the costs of the prosecu- tion.* On his way to Poughkeepsie, Mr. Phelps visited Chief-justice Kichard 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 Yermont ; 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 should 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," w^rote 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 thinlf 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 ajjpoint officers in the coun- ties of Cumberland and Gloucester.f On reaching Poughkeepsie, Mr. Phelps committed the j)apers with which he had been entrusted to Governor Clinton. The Council of Appointment who were then in session, evinced a disposition suited to the emergency. They 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 K Y. State Lib., vol. xv. doe. 4565. 1782.] POAVEES 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, Hilkiah Grout, Simon Stevens, Elijah Proutj, Michael Gilson, Samuel Bixbj, Daniel Shepardson, Hezekiah Stowell, Bethuel Church, John Pannel, Nathan Fish, Joseph Winchester, and Daniel Kathan, were appointed justices of the peace for Cumberland countj. In their commission, power 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 tlie " right to enquire by the oaths of good and lawful men," residents of the county, concerning such offences as were within the cognizance of a j ustice of the peace, and to determine upon 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 purpose 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. Tlie justices of tlie quorum were also appointed justices of the court of Oyer and Terminer, and general jail delivery. To Charles Phelps, James Clay, and Hilkiah Grout, was given power, as commissioners, to administer the oath of office to all civil and military appointees. Of the regiment which had been estabhshed for several yeai-s in the southern part of the county of Cumberland, Timothy Church was appointed Lieutenant-Colonel Commandant ; "Wil- liam Shattuck First Major, Henry Evans Second Major, and Joel Bigelow Adjutant. Tlie commissions of all the officers 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 foi'mer, his Excellency stated that it had not been deemed advisable to appoint judges for the courts of Common Pleas, as the opening of those 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 HISTOKT OF EASTERN VERMONT. [1782. 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 county. 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 countiy 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 office, to pay strict attention to the recommendations of Congress, by extending his authority over such oidy as professed allegiance to New 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 bound to defend.^ At the session in June, the General Assembly of Yermont, knowing well what preparations the Yorkers were making to resist the execution of the laws of Yermont, 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 which 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 disaffected, in a true light ;" and using his " utmost exertions to unite the people in those towns" to the government of Yermont. 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 framers 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 which were assumed in it, were sufficiently broad to answer the ends of those who had resolved to maintain the integrity of Yermont. Its terms were as follows : — "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 FOR THE PUNISHMENT 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 np 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, with a manifest intent to impede, hinder or disturb any 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 tlie 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 persons] 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 auth those of Lamb, at £7. Weld was fined £2 10^*?. 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 plunder, but had been honorably discharged on proof that he had taken only such arti- cles as he had won in his own 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 Vermont. 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 j)eace and common tranquillity of the free- men of the state of Vermont to disquiet, molest, and disturb ; and to bring his Excellency, Tlioraas Chij;tenden, 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 conel\ision 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, secretary yjro tempore, it appears that the fines of Weld and Ferrel were remitted on that occasion, upon the plea of Thomas Cutler. 451 HISTORY OF EASTERN VERMONT. [17S2. said state of Yennont,) and the proceedings of the same into 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 by these unworthy motives, and in order " his most wicked contrivances, practices, and intentions afore- said to compleat, perfect and render eifectual," 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, mali- cious, seditious and opprobrious English words following, that is to say : — ' The state of Yermont 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 su[)reme court aforesaid were a pack of villains, and that if no otlier 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 those 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 Avas called upon to con- front. "Witnesses from "Wilmington testified to the truth of the charges, and the jury announced to the court through tiieir 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, imjjrison- ment, disfranchisement or banishment, according to the natm-e of the oflfence, Ely was ordered to be taken to the guard house in Marlborough ; tlipnce, 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.] UNNECESSAKT SKVElilTY. 455 uunecessarilj severe and cruel. Many of the prisoners during tlieir confinement at Westminster and Marlborough, suffered severely from want of food and other necessaries. Two of them, during eleven days' imprisonment, were allowed 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 support 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., 1*782. MS. Depositions. La-^s of Vt. Various MS. Testimony, Letters, Affidavits, etc. Thompson's Gazetteer, p. 143. CHAPTER XYII. ATTEMPTS TO OBTAIN THE INTERFERENCE OF CONGRESS. Charles Phelps and Joel Bigelow repair to Poughkeepsie — Public and private letters of Gov. Clinton to the Kew York delegates in Congress — Clinton to Bigelow — Xew York delegates to Clinton — Depositions of Yorkers — 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 difBculties — .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 llth of September, the day on which the trials of the prisoners taken by Ethan Allen commenced at "Westminster, a number of the citizens of Kew Yoi'k, in Cumberland county constituted Charles PheljDS their agent to visit Governor Clin- ton, to repair to Congress, and to act for them in matters per- 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 CLINTON. 457 Guilford, left for the same place, for the purpose of acquainting Governor Clinton with the late proceedings. Travelling with greater expedition than Phel23s, 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 ITew 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 Vermont." 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 ISTew York], until 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 appHca- 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 HISTOEY OF EASTERN VERMONT. [1782. mj situation, and of the condition of the state to assert its rights, and I flatter myself jou 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. The 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 efiectual 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 efifected, 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.":}: The dispatches of Governor Clinton having been received at Philadelphia on the 20th, an attempt was made by the K^ew York delegates to read them in Congress without delay, but a pressure of business of greater importance rendered this course impracticable. The 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 K T. State Lib., voL xvi. docs. 4761, 4762. \ Poughkeepsie. X Doc. Hist. N. Y., iv. 1012, 1013, Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 47. 1Y82.] BIXBy's communication to gov. CLINTON. 459 " This new and unexpected violence," wi'ote 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. Your 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,"* Li 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 sufferers by the " late outrage," were sent to him by Samuel Bixby, the clerk of the ISTew 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 com*t, and not by legislative enactment, that the officers 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 ISTew York delegates, a part of which has been ah'eady 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. In 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, m N. T. State Lib., voL xri., docs. 4*772, 4'7'73. 460 HISTORY OF EASTEEN VEKMONT. [1782. the same time lie wrote to Jonathan Hmit, who, as sheriff of Windham county, had taken an active part in arresting the subjects of New 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 him 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 Philadelphia with the information which Bigelow had brought from Guilford, Charles Phelps ai-rived at Poughkeep- sie with accounts confirmatory of the reports which had pre- ceded him. Here he remained until the messenger returned from Pliiladelphia, 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 burthensome" to those with whom he would necessarily be brought most in contact. Governor Clinton endeavored to dissuade him from going. Nothing could change his determination. Though 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 4tli of October. Tliey 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 tlie receipt of this letter, instigated either by fear or by doubts as to the legality of his course, Hunt resigned his office. 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. 4181. Papers relating to Vt. Controversy, in office Sec. State K Y., p. 48. 1Y82.] KEPOET OF THE COl^IMITTEES OF FOUE TOWNS. 461 serve to pay the expense of the j96>5se comitatus / 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 dehnquents." During the confinement of the prisoners, the committees of Brattleborough, Guilford, Hahfax, 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 l^ew 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 Imowledge or consent of the people at large, and, when charged with the ofience 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. The secret policy of the state wa^ 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 Kew York, in October, 1T81, and one of March, 1782," said they, " it appears that the state of Xew 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 Congress 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." 462 HISTORY OF EASTERN VERMONT. [1782. In tlie course of this statement of grievances, other actions of the government of Yermont 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 w^as 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 effects of the treatment they had been compelled to undergo, and of the suiFerings 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 jDolicy and government. Perhaps in some future day it may be for the happiness 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 £t. 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 diiferent 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."f This statement of the associated committees w^as entrusted to Majors Shattuck and Evans on the Tth of October, to be by them presented to Governor Clinton and the Legislature of New York. The 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. doc. 4788. 1782.] COURSE OF PHELPS IN PniLADELPIIIA. 463 ■\vlio 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- prisonment 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 their own defence they stated that they had never " made use 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 Vermont 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 Philadelj)hia, 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 whom 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 afiidavits 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 eiforts, Phelps 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. Y. State Lib., vol. xvi. doc. 4802. 46i HISTORY OF EASTEKN VERMONT. [1782. Congress on the lOtli, in wliicli lie stated that his constituents on the " Grants " had considered themselves protected by the resolutions of Congress j^assed 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 jurisdiction 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 controv,ersy 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 pro- bably would 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 wdiich was furnished them by Governor Clinton, full approbation was expressed of the course they had resolved to adopt. " They, with several others, their neighbors," wrote the Governor to the Kew York delegates, " are stript of all their property and banished, and under the circumstances cannot think of seeing their 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- * George Clinton Papers, in N. Y. State Lib., vol. svi. does. 4*796, 4797. 1782,] THE FEELESTG IN COXGEESS. 465 ness. I have helped them to a small sum of cash to defray their expenses and to prevent their being burthensome to yon. It is unnecessary to recommend them to your countenance and assistance. Tlie cause they are engaged in, gives them the best assurance of this."- While 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 tMereof," 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 Congress on the genei-al question. To this cause must be attributed, in part, 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 28th of October laid their petition before Congress. In this document they briefly rehearsed the history of the diflSculties 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 Yermont, 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 difficulty 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 controvei^y should be fixed, yet the peti- tioners were not allowed to sufier. " They are very decent men * George Clinton Papers, in K Y, State Lib., vol xvi. docs, 4809, 482S. MSS. in office Sec. State Vt. 30 466 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.* The committee of Congress to whom 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 I^ovember, in which several imj)ortant 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 difficulties by an acknm\^ledgment of the independence of Yer- mont as a separate state was postponed. The consideration of the question whether " the peoj^le 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 measures 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 innate strength of petition, Charles Phelps did not cease to besiege Congress with missives suppK- catory, missives memorial, and missives remonstrative. On the 8th of November he besought Congress " for a continental relief of money and clothing for his necessitous circumstances." In order to prove the validit}^ of the grounds upon which 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 l)avely made his escape from " those armed pursuers ;" that li- was " necessitated to borrow a great part of his necessary ap[)urel fifty miles from home ;" that his garments were now ncc^ly worn out, his money almost exhausted, and the debts which he had been forced to contract * George Clinton Papers, in N. Y. State Lib., vol. xvL docs. 4828, 4831, 4833, 4842. 1TS2.] KESOLTJTIONS 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'Hommedieu wrote to Governor Chnton. Referring to the 14th, he observed : — " After that time I shall advise Messrs. Phelps, 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 Avill 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 Yermont." With 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 Yth 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 Phelps, 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. 488Y. 468 HISTOKT OF EASTERN VERMONT. [1782. district aforesaid, to adhere to the recommendations of Congress contained in 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 Vermont." However just these resolutions might have appeared to those who proposed them, yet they 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 efi'ects of this refusal to reimburse the suffering 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 expeusiveness of living, had increased to such an extent that they were unable to meet it. On the 15th of JSTovember an attempt was made by the New York delegates to relieve their necessities by borrowing a hun- 'di*ed dollars on the credit of the state. " K this plan fails," wrote James Duane, " it is more than probable they will lose their liberty, as they have ah-eady done their property, for it is '■out of my power to aid them." 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 efiected ; 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 w^as brought to an end. As there was but Kttle 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 which had already 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 Clinton Papers in N. Y. State Lib., vol. xvi. docs. 4856, 4857, 4858. 1782.] KETURN OF EVANS TO GUILFOKD. 469 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 CoU Timo- thy Church, on the 24:th, as an endorsement of any statements which Shattuck or Evans might make relative to the views of Congress concerning the present unfortimate 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 oidy to repeat what I often suggested, that much will dej^end 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 by 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.* Yarious 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 K Y. State Lib., vol. xvi. doc. 4862. 470 HISTORY OF EASTERN VERMONT. [1782. that the people inhabiting the district of country on the west side of Connecticut river, commonly called the Kew 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 24th of September, 1779, and of the 2d of June, 17S0, 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 Xew 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, " Kesolved, That the said acts and proceedings of the said people, being higlily derogatory 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 sufli'ered by them, and for preserving peace in the said district, until a decision shall 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 Church, 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, in 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 24th 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.] VAKIOUS MEASUKES IN CONGRESS. 471 Before the vote "was taken on this motion, an attempt was made to amend the first resolution, and to strike out the whole of the resolution relating to the determination of the United States to enforce the decrees which Congress had passed on the subject of the controversy. These suggestions 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 Yermont, was made especially apparent in connection with these transactions. As the Secretary of War was about to visit his family in Massachusetts, David Ramsay of South Carohna, moved a resolution on the 10th of December, instructing that gentleman " to take Vermont in his way," and carry a report of the doings of the 5th of December to Mr. Chittenden. Al- thouojh it was ur^ied that such a course would insure the deli- very of the papers, serve to conciliate the opposition, and aflbrd 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 TJnited States, and to give an unwarranted importance to the claims of Yermont to sovereignty and independence. Tlie 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 foi-warded 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 eflect. In their letter, announcing the action of Congress, the JSTew 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 accpiaint- 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, lU. Madison Papers, i. 228, 229, 230. George Clinton Papers, in X. Y. State Lib., vol. xvi. doc. 4883. Slade's Vt State Papers, pp. 177, 178. .Papers relating to Yt. Coutroversj-, in office Sec. State ^". Y., p. 49. 472 HISTORY OF EASTERN VERMONT. [1Y82, 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 I^ew York. The sound, energetic, and scholarly ideas of the patiiot 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 Yermont 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 New Hampshire Grants, have been obtained; but as this could not at present be eifected, 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 fellov/ 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 24th of September, 1779, and the 2d of June, 1780. 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- tjiously 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 ^Hirsued by those in your district holding commissions or offices under this government, as to render it altogether unnecessarj^ 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, ^vlll, 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. 1TS2.J ABLE LETTER OF GOT, CLINTON. 473 " To obviate any excuse that may be ofiered by the pretend- ed state, in case they should delay complj'ing 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 who 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 sufli- ciently known before this can reach you, and that a further delay in a matter so interesting to the sutferers 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 enrich and aggrandize a few, would distress and ruin the great bulk of the people. Tliese 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 pui-pose 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. [lT82. duty, every just cause of complaint (if any still exists) will be heard and removed ; and this idea I wish may be impressed upon their minds, as well as the danger to which they 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 tliere are many leading characters in your quarter. " The Legislature wnll meet the first Tuesday of next month at Kingston, and it would afford them much satisfaction to find that the measm-es they have adopted for quieting the disorders 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 Vermont. But before this letter had reached its destination, or Governor 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 Yer- 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 w^ould not be carried into execution. This belief was strengthened, and new Kfe was now given to the adherents of ISTew York, by the arrival of Colonel Church and Major Shattuck. The latter reached his home in Halifax on the 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 lYth, 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 capture of Church by the Yermonters. Upon this Shattuck changed his plan, pro- * George Clinton Papers, in N. Y. State Lib., vol. xvi. doc. 4894. 1782.] MANCETTSTRES OF THE CONTENDING PAETIES. 475 ceeded to Guilford, raised two companies of men, and, for tlie pm-pose of retaliation, endeavored to arrest Col. Benjamin Car- penter and a certain Major Sliepardson, the former the late Lieutenant-Governor of Yermont, and the latter a staunch supporter of its authority. Failing in this undertaking, Shat- tuck and his men entered the dwelhngs of those whom they had intended to capture, seized their arms, committed other depre- dations of a similar character, and retm-ned home. ISTot content with the result of this expedition, Shattuck and his party made another on the night of the 20th, took John 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 the 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 w^as about to break out. Col. John Ser- geant of the Yermont 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." Tlie Yorkers meanwhile continued to hold their men under arms. On the night of the 23d of December, they received information that the Yermont 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. Tlie Yermont militia, while on their march, were sm'prised by a party of six men, the vanguard, as they supposed, of a concealed enemy, but in reality a detachment of their 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 Yermonters on the following day sent a messenger to the Yorkers, with proposals for a treaty. Tlie Yorkers replied that, if the Yermonters 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 Yermont party. In the preamble to this document, the signers rehearsed the considerations which had induced them to engage 476 HISTORY OF EASTERN VERMONT. [1Y82. in an agreement of this cliaracter ; referred to the " 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 long 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 pubHc good. In view of these reasons, and in consideration of the engagement of the leaders of the I^ew York party, that their adherents should be immediately dispersed, and should " rise no more" to disturb the people of Vermont unless molested by them, and on the further condition that either Colonel Church, or Judge Bridgman should return by the 2d of January, 1Y83 — 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 ; promised to inform Joseph Peck of Guil- ford, a captain in the New York militia, should any force be sent by the Vermont 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 Vermont, 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 Clinton. The reluc- tance of Governor Chittenden to reply categorically to the inquiries of Bridgman was not strange. Many of the Vermont- ers in the towns where the Yorkers were most numerous, were inclined to treat them kindly, hoping in this manner to effect 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 17S2.] A CHARAOTEKISTIC EPISTLE. 477 familiarly known as " One-eyed Tom," was possessed of all the penetration, common sense, discretion, and policy, whicli 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 R. 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 24th of December, 1782, replied : — " I received your 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 j)Ounds 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 in which the Governor of Vermont viewed the conduct of his opponents. Hoping to obtain a remission of the punishment to which he had become amenable, Church addressed a petition to the people of Vermont on the 28th of December, in which he detailed the reasons which had led him to return. Knowing well the nature of the risk which he incurred 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 down 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 opposed the government of Vermont. 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 Goverrnor Chittenden and the Council in his favor ; M'^hile the faithlessness to which he confessed, tended to lower 478 mSTOKT OF EASTERN VERMONT. [1Y83. 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 Vermont Council, informs ns that Colonel Church is to be hanged." His prospects had not improved in the beginning of Februaiy, for on the 6th 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 Ver- monters to execute Col. Timothy Church, who was still in con- finement in Bennington Gaol." Tliough 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, hoj^ing thereby to intimidate others who were ready to oppose the authority of Vermont.* The resolutions of the 5th of December, 1782, having been industriously published throughout the extent of Vermont, received from those who owed allegiance to that government the fullest condemnation. Thomas Frink, a physician, residing in Keene, l^ew Hampshire, in detailing a conversation which he had held in January, 1783, with Paul Spooner, at that time the Deputy Governor of Vermont, declared that the latter had avowed his determination to support and defend the state ; to execute its laws peremptorily ; to aid in punishing ofifenders ; and to act as heretofore he and his friends had done, notwith- standing the late congressional resolves. To Frink's question whether the Vermonters 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 would assist the Vermont party in * George Clinton Papers in K Y. State Lib., vol. xrii. does. 4909, 4910, 492C. MS. Muster Rolls. Various MSS. 17S3.] REPORTS' CIRCULATED ET THE TERMONTERS. 479 case a continental force sliould be sent to enforce the decrees of Congress. At the same time he declared that the Yermont l^eople would resist anv force which shonld he sent against tliem 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 Vermonters 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 Yennont 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 Yorkers as they had been heretofore." A deposition of Charles Phelps confirmed these statements. The 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 "VYindham county the citizens of Yermont were at special j^ains 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 honor 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 IS^ew 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 onl}^ excited suspicions 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 Clinton 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 HISTOKY OF EASTERN VERMONT. [1783. may venture to assert will not, comply with the late resolutions of Congress, which their leaders feign to treat with the utmost contempt. 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 w^ere powerless to compel obedience to the re- solves of the 5th of December, within the territory of the 'New Hampshire Grants. In a few instances an opposite sentiment was entertained. On one occasion a certain Samuel Warriner, a Vermont 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 Kew 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 Vermonters 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 Vermont, and we would inform your honors that the major part of the people this side of the moun- tain will renounce Vermont 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 Vermont, he observed : — " I am credibly informed that the Vermont au- tliority over the mountain holds Congress and all their resolves 1783.] LETTER OF CHITTENDEN TO THE PKESDDENT OF CONGRESS. 481 iu scorn and contempt. The Yermonters on this side the moun- tain saj thej 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 Ai-lington 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 afiidavits and depositions, of many acts done in opposition to these resolutions, he was unwilling to send the proofs to Philadephia, lest they should be found 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 " jDerse- 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 9th 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 K Y. State Lib., vol. xvii. does. 4909, 4910, 4921, 4926. Pa- pers relating to Vt. Controversy, in office Sec. State N. Y., p. 50. 31 482 HISTORY OF EASTERN VERMONT. [17S3. thongh this state is not amenable to the tribunal of Congress for the management of its internal police, I, nevertheless, will give them a brief narrative of facts relative to those delinquents, in whose behalf Congress, in their resolutions of December last, have interposed. At the session of the General Assembly of this state in February, ITSl, 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 Kew 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, the^*^ proved ineffectual. In the mean time. Governor Clinton gave commissions, civil and military, to sundry 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 force was, by the direction of this government, sent to assist the sheriff of Wind- ham county in the execution of the law^s 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, had 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 towns in which they resided, had, for several sessions of As- sembly, previous to their insurrection, been represented in the Legislature of this state." Following up these statements by 17S3.] ADDRESS OF THE GENERAL ASSEMBLY. 483 arguments based upon various congressional enactments, lie strove to show that in the rulers of Vermont 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 Vermont. " 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 deahngs have been extended), should come to a decision of so important a matter, ex parte, is iUegal, 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 Vermont, 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 impKed 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 Vermont 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 i^ct that the authorities of Vermont not only, but the majority of the people as well, were not to be subdued by paper edicts or 484 HISTOEY OF EASTERN VERMONT. [1783. stern resolves. Chittenden had truly said that Vermont was present in the disputed district, and in the actual possession and exercise of power, while Kew York and Congress were afar off. The significance of his language was now more painfully appa- rent than all were willing to confess.* * Blade's Vt State Papers, pp. 178-18Y. CHAPTER XYin. THE DISOEDEEED CONDITION OF THE SOUTH-EASTEEN POETION OF VEEMONT. 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 ISTew York party in Yermont, thoiigli reduced to a mino- rity, were still unwilling to abandon their cause. Startling reports of negotiations between the Governor and Council of Vermont on the one hand, and the agents of the British minis- try in Canada on the other ; the flight of Luke Ejiowlton of Newfane, 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 corresj)ondence 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 circumstances induced 486 HISTORY OF EASTERN VERMONT. [17S3, 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 that 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 Sej)tember 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 Philadelphia 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 imj^assableness 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 efiicacy 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 N. T. State Lib., voL xviL docs. 4939, 5055. ^/^ ;^i^^?i/€. 1TS3.] THE rOUK BANISHED TOEKEES. 487 rant for his arrest was now in the hands of a Yermout deputy, and that he Avas Kable to be taken at any moment. For greater secm-ity, he left his home and family and took up his residence in Guilford, the stronghold of the Kew York party. Here he remained during several months, and to this town he often resorted at a later period when safety counselled conceahnent.* Of the four Yorkers who had been banished from the state and ers were referred to a committee, who, on the 27tli, 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 opponents of the government of Yer- mont. Of these, seven were citizens of Brattleborougli, eight- een of Guilford, and one of Marlborougli. 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 liad 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 PARDON OF CHARLES PHELPS. 537 acted meritoriously in former times, in endeavoring to prevent tlie state of New York from re-granting the lands on the Xew Hampshire Grants, and in opposing a union and association of the people of Cumberland county with K^ew 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 tlie 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 which 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 Vermont, 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 Vermont, 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. Tlie 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 18th 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 great 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 Verm'onters seem much elated at the idea of their being admitted into the confederation of the United States : and indeed tliey liave 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 tlieir credentials, but whether they have taken their seats, we are not informed." Salem (Mass.) Gazette, January 4th, 1785. 1785.] A DKXUXCIATORY LETTER FKOM THE YORKERS. 539 gaol, and fed with the bread and water of affliction, and made to suffer 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 were " 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 vce are " in jeopardy of our lives and fortunes," said they. " "We are taken for every offence, let it be ever so small ; and as certainly as that we are taken and tried by the Yermont 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 with 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 would 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 effect which might be offered. On the 18tli of October, the General Assembly, then in session at Windsor, elected Moses Robinson, Ira Allen, and Stephen R. Bradley, their agents to Congress. No opportunity was aftordcd 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- glers of invasion from a foreign foe having long since cease(f to * George Clinton Papers, in office Sec. State N. T., voL xx. doc. 5563. 540 HISTORY OF EASTERN VERMONT. [1785. be expected, tlie 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 different 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 availaule 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. Wlien, 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. CHAPTER 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 — Laws 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- missioners — 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 their opposition to tlie government of Yermont, the sup- porters of New York residing in the sonthern part of Windham county had lost many of their personal eflects ; 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 liad been sul)jected, had reduced them to a condition of poverty from which they could not well recover without assistance. On the 24th of February, 1T86, 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 their fellow-sufferers had sustained. In this paper they stated 542 • HISTORY OF EASTERN VERMONT. [1786. that they and their friends, " by their attachment, zeal, and activity in endeavoring to support the just and lawful authority of ]^ew 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 ; suflfered 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 ofiicers, twenty-one military officers, 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 offices, both civil and military, 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. 51. Doc. Hist. N. Y., iv. 1014, 1015. 1786.] GRANTS TO CHURCH, SHATTUCK, AND OTHERS. 543 and are still subject to heavy fines imposed by the authority of the assuined 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 sundry 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 the said county vvithout the great- est inconvenience to themselves and families, and are desirous of removing immediately into the western parts of this state, provided they could procure vacant lands fit for cultivation. That in the opinion of your committee, the said petitioners and others whom they represent, have a claim on the state for some compensation for their suff'erings and losses, and that it will be proper for the state to grant to the petitioners and the pei'sons they represent, a quantity of vacant land equivalent to a town- ship of eight miles square." After reading the report, Mr. L'JrIommedieu delivered it in " at the table," where it was again read, and agreed to. There- upon, the Senate resolved " that the Legislature, during their present meeting, will make provision for granting to C(j1° Ti- mothy Church, Major William 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 etforts 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 office], to appro[u-iate a tract of land equal to eight miles square, in any of the townships to be laid * Journal Senate N. Y., 9th session, pp. 32, 35, 36. Journal Assembly K Y., 9tli session, p. 64. Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 53. Doc. Hist. N. Y., iv. 1015-1017. 544 HISTORY OF EASTERN VERMONT. [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 sufierers, as to the said commissioners shall seem meet and proper, and to direct letters 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 aifixed thereto." * On the 6th of May, the day following the adoption of this act, a meeting of the commissioners of the land office was held in the city of New York, at the office of the secretary of state. Recognizing 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 Yermont, 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, 9tli session, p. 133. 1Y86.] DISTEIBU'nON OF LA2sD, 545 was entrusted to the care of Timothy Church and William Shattuck. On the 11th of July, at a meeting of the commis- sion-ers of the land office, held in the city of IS^ew 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 sufferers in oppos- ing the government of the pretended state of Vermont, 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 sufferings 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 thei*e 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 extend to the inhabitants of Gloucester coimty." 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 the pretended state of Vermont," 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 futm'e. 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, 1*786, 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 his (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 sufferers in opposing" the go- vernment of Vermont was, at the time of the grant, located in Montgomery county. 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 'No. 2, or Clinton township. In the year 1791, the land which had been appropriated to the " sufferers," 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 diagonally. " The inhabitants came principally from the Eastern States," observes Mr. Spaf- ford in his Gaz;etteer of the State of New York, " and it is almost superfluous to add that common schools for the educa- tion of youth are well supported."f maid prisoner allso for my Beeing 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 Neiimorous to Menshun the which I Sustaned By Vermont [my losses are equal] To the Amount of Four Hundred Dolars And for the Better understanding I wood Refer His Excelency 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 ofiice Sec. State N. Y., p. 55. * Land Office Minutes, in office Sec. State N. Y., 1Y84-1788, i. 160, 170, 194- 198, 220, 221, 224, 225. Doct. Hist. N. Y., iv. 1017-1020. The names of the " sufiferers" 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 Tlie 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 GOVERNOR 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 Yermont 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 imtil 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 N^ew York, passed April 'ilst, 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 Washington, 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, 5-2d session, chap, cxcviii. pp. 302 — 308. Spafford's N. Y. Gazetteer, Art. Jericho. Biog. Am. Military and Naval Heroes, ii. 143—176. Barber's N. Y. Hist. Coll., ed. 1S41, pp. 99, 100. * Thompson's Vt., Part II. p. 79. 548 HISTORY OF EASTERN VERMONT. [1786. measures were taken by 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 courtg 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 ISTovember, 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 Muusell, Jr., Thomas Lazel Munsell, and Hira Flowers of Hartlaud; 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." 17S0.] WINDSOR EIOTS. 549 clubs, drums, fifes, and other warlike instruments, unlawfully, routouslj, and tumultuously 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 comt sentenced him to sufier 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. The coui't having been informed of these proceedings on the 16th of l!^ovember, 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 sherifl' 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 17th, 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 twenty-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 AVindsor 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,f 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 peoj)le was about to happen, 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:j: under the command of Brig.-Gen. Peter * In the pay roll of the field and staff officers, Colonel Wait claimed remunera- tion for loss, occasioned by " twenty-six days' sickness of wound." f 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 Bisliop 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; ard 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. 1Y86.] OUTBREAK IN EUTLAND. 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 efibrts, 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 l^ovember, 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. The 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 tliat 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, 178*7. On the 2d of tlie 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 tlie counties of Rutland and Windsor, and do liereby return the said officers and soldiers their hearty thanks." — Thomp- son's Vt., Part II. p. 81. 552 HISTOEY OF EASTERN VERMONT. [1786. endurable, and served " to check tlie 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 increased 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 D 2th of December, Eleazer Pat- terson, Samuel Knight, Benjamin Butterfield, John Sergeant, Josiah Arms, and twenty-two other persons addressed a petition to Governor CHnton and to the Senate and Assembly of ISTew 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 sufi'ered 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," •)nly 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 suj)port of these statements. Li 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. Complamts of the state's attor- ney. MS. Payrolls. MSS. in office Sec. State Vt. Thompson's Vt., Part II. pp. 79-81. f 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 sufferer 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 wido-w 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.] FAVOKABLE FEEUNG m NEW TOKK TOWAKDS YERMONT. 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 jSTew York. Of this number were such men as Alexander Hamilton, Philip Schuyler, E-ichard Harrison and Egbert Benson. The pretensions of Ver- mont to a separate jurisdiction, first amiounced soon after the commencement of the late revolution, had been maintained thi'oughout 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 efl:ect this result. The peace of 1783 had fomid 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 Xew 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 difiiculty, that all excejjt the most rash and thoughtless had abandoned it as fool- ish and chimerical. While affairs were in this position, an attempt was made to further the project of admitting Vermont to a share in the federal government. An act " to empower 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 New York, during the session of 1787. On the 24th 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. Tlie petitioners asked to " be mdulged with a copy of the said bill," and to " be heard by themselves or their counsel thereupon." Tliese 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 poHcy, and to the rights of property." His observa- tions were not destitute of weight, 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 mSTOEY OF eastern VERMONT. [1787, 1788. soiling, and succeeded, in almost every instance, in overturning his positions. His opinion as to tlie policy of merging Yermont in New York, was expressed in these words : — " For my part, I should regard the reunion of Yermont 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 Yermont as a four- teenth state was postponed to a later time.* Though the Legislature of New York had ceased to exercise authority over Yermont, 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 further 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 shall meet with, and be intei'sected 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 Royalton; 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., lOth session, pp. 116, 117, 123, 165. Journal Senate N. Y., 10th session, pp. 84, 85. 17SS.] BOUiS^DAEIES OF GLOUCESTER COUXTT. 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 thii'teen 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 purj^ose of consultation, a number of gentlemen, among whom were Lewis R. 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 now 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." N. Chipman to A. Hamilton, iu Life of Chipman, p. '7-1. 556 HISTORY OF EASTERN VERMONT. [17S8. suggested certain methods by which Yermont 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 Kew 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, dehvered 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 repHed, 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 deliberation with the new Congress will be the inde- pendence of Kentucky, for which the southern states will be anxious. The northern will be glad to find a counterj)oi6e in Yermont. These 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, upon 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 little 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 delineated by Congress. Any depar- ture from it must beget new discussions, in which 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, the 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 Yermont 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 bad an interview at Albany, " when," observes the biographer of the latter gentleman, " they took a view of the subject some- what different 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 Kew York and Philadelphia as to which should be the permanent seat of the federal government, was finally 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. Tlie admission of Yermont, it was seen, would tend, in some ■neasure, to equalize representation. Her weight would serve as a counterpoise to the undue influence of particular sections )f the Union. It was known at the north, that the adoption of the 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. 70-8L 558 HISTOKT OF EASTERN VERMONT. [l789. which had so long divided these states, whose interests, but for that, were now almost 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 affairs 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 " aj)pointing 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 Verplanck, 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 Thomas's Spy, No. 831, March 12th, 1Y89. "Vermont, Bennington, February 23 [1*789]. " 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 affixed 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." •j- 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., 1st meeting of 13th session, p. 2. Williams's Hist. Vt., ii. 257, 258. 1789, 1790.] APPOINTMENT OF BOUNDAKT COMMISSIONEKS. 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 Chipmaii, 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, appointed 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 line 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- \'iously granted by Vermont, or " the late province of New Hampshire," to relinquish "their claims under the jurisdiction thereof, or, in any wise, subject the state of Vermont to make any compensation to different 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 AVitt, 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 portion of her " north-eastern and northern " territory ; and touching " the securing or con- • Slade's 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 within sncli 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 government 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 Vermont," in that portion of the state of New York, to which the name of the Western Union had been once applied by Vermont. 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 Vermont, the commissioners of the two states assembled. " The only point of ditficulty 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 goverament of Vermont." 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 7th 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 Vermont should be admitted into the Union of the United States of America ; and that immediately upon such admission, all claims of jurisdiction of the state of New York within the state of Vermont should cease. * Laws of N. Y., 2d meeting, 13th session, p. 13. 1790.] SPECIFICATION OF THE BOUNDARY LINE, 5G1 They further dechired that thenceforth, " the ])erpetual hoim- dary Kne between the state of New York and the state of Ver- mont" sliould be as follows: — "Beginning at the north-west corner of the state of Massachusetts ; thence w'estward, along the south boundary of the township of Pownall, to the south- west corner thereof; thence northerly, along the Avestern boun- daries of the townships of Pownall, Bennington, Shaftsbury, 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 ca-lkd 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 New York, the commissioners, announcing " the will of the Legisla- ture of the state of ISTcav York," decreed that, " if the Legisht- ture of the state of Vermont sliould, on or before the first day of Januaiy, 1792, declare that, on or before the first day of June, 1794, the said state of Vermont would pay to the state of New York the sum of thirty thousand dollars, that, imme- diately from such declaration l:)y the Legislature of the state of Vermont, all rights and titles to lands within the state of Vei'- 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 gi'ants of New Hampshire. Such was the deliberate decision of tha 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 Vermont, and on the 28th of October they passed an act, directing the treasurer 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 * Williams's Hist. Vt, ii. 258, 259. Slade's Vt. State Papers, pp. 190, 191. Thompson's Vt., Part II. p. 83. Doc. Hist. N. Y., iv. 1023. 36 562 HISTORY OF EASTERN VERMONT. [1791, land, lying witliin the state of Yermont, made by or under the late colony of New York, to be null and void, and " incapable 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 Xew 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 parties.f The difficulties with Xew Yoi'k 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 Chij^- 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 was 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, when it might be done without difficulty or opposition." Favoring the accession of Yermont to the union, Nathaniel Chipman, distinguished both as an able jurist and an accom- plished scholar, ui-ged the convention to give their assent to the measure, and in a forcible and argumentative si^eech, advanced his reasons for recommending such a course. In empliatic language, he described the insignificance of the condition to * The commencement of tlie controversy is gjenerally fixed at the date of the Order of the King in Council, viz. July "inth, 1764. See ante, p. 130. f Williams's Ilist. Vt., ii. 269, 260. Slade's Vt. State Papers, pp. 191, 193, 194. 1791.] VIEWS OF NATHANIEL CIIIPMAN. 563 Avliich Vermont would be coutiiiually subjected, should she remain a separate state, and foreshadowed her probable late 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 Yermont 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 adopted 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 10th of January, after a session of four days, the convention resolved that appli- cation should be made to Congress for the admission of Yermont 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, "full}' and entirely " approved of, assented to, and ratified the constitution of the United States, and declared, that " as soon as the state of Yermont 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 Yer- 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 Yermont met at Bennington, on the day previous to the dissolution of the convention, and, on the 18th, made choice of Nathaniel Chij^man and Lewis E. Morris, as their commissioners to repair to Congress and negotiate the admission of Yermont 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 Yermont, before referred to. On the 18th of Febi-uary, 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, bj the name and style of ' the state of Yermout,' shall he 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 afiirmative vote.* During their session held at Windsor in the months of Octo- ber and November 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 adoptetl^, in dividing it among those to whom it belonged. For the pm-pose of remov- ing all trouble on this point, the Legislature of New York passed an act on the 6tli of April, 1795, " concerning the money paid into the treasury of this state, by the state of Yermont." Jn 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. Blade'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." Tliomas'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 6,000,000 acres of land." — Ira Allen's Hist; Vt, pp. 249, 250. 1799.] FINAL SETTLEMENT OF TUE DISPUTE WITH NEW YORK. 5G5 to decide all claims of citizens of Xew York to lands situated in Vermont -wliicli had beeil 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 gui^ded 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 sum 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 Norman in right of his wife the daughter of Crean Brush, Abraham Lot, Samuel Stevens, James Abeel, tlie heirs of Cadwallader Golden, and John Bard.* With this apportionment all the direct results flowing from the controversy between New York and Vermont 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 when Vermont first declared her independence, " Freedom and Unity" was the expression of the principles which guided her conduct. " Freedom and Unity" is the motto with which she now stands among the states of this Union. * Life of Chipman, p. 82. Laws of N. Y., 18th session, pp. 34, 35. Doc. Hist. K Y., iv. 1024, 1025. An account of the division of the $30,000 is contained in Appendix L. CHAPTER XXI. EAKLT 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, 1779 — The " Word of God" and the "Connecticut lawbook" — The criminal code of Vermont — Capital offences — Degrading punishments — Manslaiigliter — Incest — Adultery — Polygamy — Housebreaking and highway robbery — Coun- terfeiting — Riot — Perjury — Forgery — Lying — Theft — Cursing or profane swear- ing — Gaming — Horse-racing — Night-walking — Tavern-haunting — Licensing ta- vtrns — Drunkenness — Sabbath-breaking — Stocks — Care of tlie poor — Militia service — Attorneys — Instances of the infliction of corporal pxuiishment — 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 Wantastiquet river. The references in some of the previous chapters to the statutes enacted by the General Assembly of Vermont 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 under 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 effected. On the 11th of April, 17Y7, 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.] KEVIEW 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 despots 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. Prej^ared at a time when the United States was engaged in a war 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 Ver- 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 theii* 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 * The similarity between the first constitution of Vermont and the firsc 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 passim. 5G8 HISTORY OF EASTERN VERMONT. [ITTY. the statesmen regarded the constitution as possessed of but little binding force, and hoped to dignify it in the estimation of the people, by investing it with, at least,, the power of law. Had there 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 sure," seems, howevei',. 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 Vermont, and securing the privileges of the people." At a convention held at Manchester in June, 1786, the constitution was revised and re-established. The General Assembly sat during a portion of February and March, 1787, at Bennington, and on the 8tli 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 Genenxl Assembly held at Rutland during October and ]^ovember, 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 law " of the state.* The first constitution was " established by convention " on the 2d of July, 1777. It was divided into three parts. The first division consisted of a preamble, in which were set forth the reasons that had 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 Vermont" 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. Vermont ever strove to imbue her public expressions with the spirit of freedom. In 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.] JU6T SENTIMENTS CONCERNING EELIGIOX. 569 political 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 liberty 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 Vermont. 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. Never- theless, every sect or denomination of people ought to observe the Sabbath or the Lord's day, and keep up and support 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. [1777. Though these semi-puritanic law-givers were willing to allow to the people 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 New 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. The 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 alai'ms of war rendered a continuous attention to the arts of peace al- most impossible, aifords 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, Yermont 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.] ADMI^'ISTRATION OF JUSTICE. 571 ■wrongs are exposed, the condition of the state made Icnown, and information of every j^roper character extended, the legis- lators of Vermont 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 ought 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 springing up on every side to beguile her, and adjusted her scales with honest precision. For the purpose of securing a just administration of the affairs of government, the principle of selecting for office, men of high moral character and unblemished reputation, w^as 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 afford 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 liis 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 punishments 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 should eat bread, was too plainly applicable 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. Tliese senti- ments found expression in the constitution, in the following lan- guage : — " As every freeman, to preserve his independence (if without a sufhcient 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 eflfects 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 private 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 Bepresentatives 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 * Acts and Laws of Vt., 1119, pp. i. — xii., 1, 2. Slade's Vt. State Papers, pp. 241-255, 287, 288, 524. 1779.] ACTS PASSED BY THE 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. Tliey, 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, Tlie crnde 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 f/rst essay at legislation by the government of Vermont, has been lost to succeeding generations." Prom 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. [1770. name stained ; no man's person sliall be arrested, restrained, banished, dismembered, nor any waj^s punished ; no man sliall 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 Vermont, may be readily seen from an examination of the statutes themselves. "The early criminal code of Connecticut," observes a late writer,* " recognized twelve capital offences, 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 ; bestiahty; 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 PIoly 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 offender " 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, 288, 29], 292, 354, 355, 375. 17Y9.] THE LAW AGAINST ADULTKRY. 575 exceeding thirty-nine stripes each." Other 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 proportionaljle 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 oi;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 jierson 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." Tlie same punishments were denounced against those who should be gnilty of polygamy, and polygamous marriages were 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 IIISTOKY OF EASTERN YEKMONT. [1779. be wliipped 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 body twenty-five stripes. And if such person shall commit the like offence 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 ex})ressed in these words : — " Every person or persons, so offending, shall be punished by having his right ear cut off, and shall be branded with the capital letter C, on a hot ii'on, 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 justi(;e, 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 j)n- 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," offenders 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 " offender 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 sworn 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 * Acts and Laws of Vt., 1779, pp. 3-5, 84, 93. Blade's Vt. State Papers, pp. 290, 291, 366, 374, 375, 473-475. + Ante, pp. 340, 341. X Acts and Laws of Vt., 1779, pp. 13, 60, 61, 96. Slade's Vt. State Papers, pp. 300, 333, 346-348, 377. 1779.] PUNISHMENTS FOR THEFT. 577 two hours each day ;" to pay double damages ; and was alsc 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 abuse 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 405., 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 IO5., 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 suhject 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.* * Acts 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 the purpose of preventing " unseasonable niglit-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 liable 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-haunter 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 oftender 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 SABBATH-BREAKING. 579 house, or of selling strong beer, ale, cider, perry, metheglin, 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 oflPence, 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 lawbook" more aj^parent, 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-house for divine worship, that those who meet there may be disturbed by such rude and profane behaviour," was to be fined 4:0s. for every such offence, and " whipped on the naked back, not exceeding ten stripes, nor less than five." I*^o 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, 1*782, 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 liqiior 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. \ Acts and Laws of Vt, 1779, pp. 44, 77, 89-92. Slade's Vt. State Papers, pp. 331, 359, 370-373. 580 HISTORY OF EASTERN TEKMONT. [1770. war," or unless '* by some adversity" lie 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 wop' 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 Yermont but was in a measure defended by law. " If any number of persons," these were the words of the statute, " shall 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." The 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, sufficient to hold and secure such ofltenders 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., 17*79, pp. 26, 21. Slade's Vt. State Papers, pp. 313- 316. 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 millei* to each gi'ist-mill ; sheriffs 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 which he dwells ; a good sword, cutlass, tomahawk, or bayonet ; a worm 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, 17"9, pp. 18-24, 43, 18, 9*7, 98. Slade's Vt. State Pa- pers, pp. 305-312, 330, 331, 359, 360, 378, 379. 582 HISTORY OF EASTERN VERMONT. [1779 1789. The statutes enacted in Februaiy, 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 in June, 1782, the connnon 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 Vermont, 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 whipped 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 till 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 IIol- brook were sentenced to receive twenty-five stripes 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 ]S!"ewfane in the county of Windham, on the 9tli 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 efforts 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. 17Y9 — 1Y89.] • A STEANGE BUltlAL. 583 £10 135. Sciy The trial of Eeuben Eow, alias Munroe, by the Supreme coiirt, at tlieir 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 hou-rs 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, " Row alias 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, 1Y85, the General Assembly of Yermont passed an act discharging from imprisonment, on certain condi- tions, Thomas Chandler of Chester, one of the early settlers on the Kew 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. [1779. For several days the 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 coffin, 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, The 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 accoimt 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 this 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 way 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." 1725 — 1800.] A cuEiOTJS wedding. 585 early period, certain people were led to beKeve, that whoever should many 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 this 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 inhabitants of that part of Vermont which borders the banks of the Connecticut, very little is known. The L'oquois 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 ISTewbury, 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 ujjper Connecticut, formerly resided a branch of the Abenaqui tribe. On the 8th of May, 1725, occurred a memorable light at the lower village of Pigwacket, New Hampshire, which resulted * MS. Letter of the Hon, William C. Bradley, dated March 16th, 1B51 586 HISTOET OF EASTERN A^ERMONT. [1Y25 1800. in the defeat, by Capt. John 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 tlie 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 Kewbury 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 IsTewbury 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 giyen 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. 1725—1800.] INDIAN SCULPTUKES. 587 fort. A profusion of white flint-stones and heads of arrows may yet be seen scattered over the ground."* * The picture writing of the Indians, w^hich is to be seen in two localities in Eastern Yermont, affords 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 difficult to determine. The lar- ger rock presents a group of variously or- namented heads. Tlie 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 sujiported 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. The length of the head, exclusive of 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 Indian Sculptures. Indian ScnlptnTe. 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 midoubtedly 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 occm-s, 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 * In his "Travels through the Northern Parts of the United States, in the Years 180Y 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 proceeded 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 Locality of the Sculptores. 1T23— 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 Eiver. 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 anything here above the level of the Indian genius. But, if Indians were the authors 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 us 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 difiBculty 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 displayed, 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 ISOO. 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 up- 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 " Indian Kock." Burface 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 distinguished. 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 unKke a dog or a wolf, and one conveys no idea either of bird, beast, or reptile. The 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 scnlp- 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 fish eries pursued here; while the Writing Rock, also found in a situation favourable 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. 205, 206, 207, 209-213. 1723 ISOO.] PKOBABLE 0KIGI2T OF THE SCULPTrEES. 591 Falls. Iconograpllic skill may detect the meaning of these configurations. The impression, which one unused to the study of hieroglyphics 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 spot 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 coim- 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 foundation 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 aqtiatica), 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 foimdation 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 HISTOET OF EASTERN VEEMONT. [1723 — 1800. are to be found in Eastern Vermont. Regarded as specimens of the rude and uncultivated attempts of a now decaying race to express tjieir ideas, however unimportant those ideas may have been, they cannot but be viewed with mingled emotions of curiosity and respect. the carvings vnth. which he has adorned it, waa 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. BIOGKAPHICAL CHAPTER STEPHEN KOW BRADLEY. The brothers Bradley, six or seven in number, came to tliis conntry from England about the year 1650, having previously served" among Cronnvell's Ironsides, in v.-liich corps William 594 HISTORY OF EASTERN VERMONT. Bradley, the first settler of ISTortli Haven, Connecticut, and one of the brothers, was an officer.* Stephen Bradley, another of the brothers, became a resident of New Haven, w^here 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 Royalists 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 w'ith 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 Bow, only daughter and heiress of Daniel Row of Mount Carmel, now Hamden. Tlieir son, Stephen Row Bradley,f the subject of this notice, was born in that part of Wallingford which is now comprised in the town of Cheshire, on the 20th of February, 1754. Having entered Yale College, he w^as 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 student 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, who 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. 241. \ 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 BKADLET. 595 thousand 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 4:th of January, 1776, was captain of a company called the " Cheshire Yolunteers." 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 2oth of that year. It would appear that he soon after relinquished the captaincy of this company.. On the 17th of December, 1776, with the rank of adjutant, he was appointed to the stations of vendue master and quarter master. He afterwards served as aid-de-camj) 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 Richard 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, afterAvards 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 unfrequently 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 attorn ey-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 once 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 HISTORY OF EASTERN VERMONT. of Yermont, then the Texas of this country. Ethan Allen, L-a 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 " Yermont's Appeal to the Candid and Impartial World," and aided essentially in supporting 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, " Yermont'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 pubKcation 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 VAKIOUS OFFICES. 597 policy whicli would divide that state between New Hampsbii'e and New York, or annex it to the latter. Owing to his thorough acquaintance with the views enter- tained by a majority of the people 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 affords 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 mih- 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 Vermont militia, and on the loth 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 pm'pose. Tlie 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 adopted 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 f6r 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, however, end here, for he was appointed brigadier general of the eighth brigade of the militia of the state, by a commission dated January 26th,' 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 that 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 tlie 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, 1784, 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 pui-pose of ascertaining and establishing the line between New York and Yermont, 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 Yermont 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 4th of March, 1801. During the greater part of the session of 1802-3, he filled with dignity the position of president, jpro tempore, 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 he received many marks of personal esteem. Desirous of securing a democratic succession in the presidency of the United States, Mr. Bjiadley endeavored to consummate the nomination of Madison at the close of Jeffer- son's second term. Fpr this purpose, he issued a call for a cau- cus, of which the following is a copy : — «Sm: " 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. E. 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 large portion of the members refused to attend, unwilling, as was remarked, " to countenance, by their presence, the midnight intrigues 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 4th 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, 1779. On this occasion, Noah Smith filled the office of state's attorney, and Mr. Bradley acted as counsel for the defendants. In the midst of the trial, Ethan Allen appeared 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 ffom Blackstone's Commenta- ries, Allen, who thought that the state's attorney was manifest- ing too great leniency towards some of the jmsoners, 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 Robinson, 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 Ills weapon, and bringing it down on the bar table with a force which made the house ring, exclaimed, " For forms of government, let fools contest ; Wliate'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 Honours ! " It is presumed that the aj)ology was satisfactory, for Allen was permitted to finish his address, as previously narrated, after which the trial proceeded without further check. On retiring from j)ublic life, Mr. Bradley returned to "West- minster, where he resided until the year 1818. He then re- * See ante, pp. 342, 343. DESCRIPTION" OF HIS CHARACTEK. 601 moved to the neigliboring village of Walpole, Kew 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 com|)anionable 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 " Recollections 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, beiiig 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's Hist. Conn,, ii. 628. Bel- 602 HISTORY OF EASTERN VERMONT. PAUL BRIGHAM. y During the revoliition- / ary war, this gentleman served as a captain, and was stationed, a part of the time, at Coventry, Connecticut. After his removal to Yermont, 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 offices which he was called to till to the satisfaction of liis con- stituents and with honor to himself. B}' 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 sheriff 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- gate from Norwich. Having been elected lieutenant-ffovernor of 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. "While 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 tlie loth of July, 1824, in the 79th year of his age.* lows Falls Intelligencer, December 13th, 1830. North Star, Danville, Vt., De- cember 28th, 1830. Triennial Catalogues of Yale, Dartmouth, and Middlebury colleges. Acts and Laws of Vt., 1800, pp. 36—10. Journals Am, Cong., ed. 1823, i. 888. Journals U. S. Senate, 1791, p. 25. Slade's Vt. State Papers, pp. 114, 116, 122-126. Kendall's Travels, i. 177. Deming's Catalogue of Vt. Officers, pasmn. Graham's Descriptive Sketch of Vt., pp. 110, 111. Goodrich's Recollections of a Lifetime, i. 448, 449 ; ii. 99, 100. Young's American Statesman, pp. 341, 342. Various MSS. Documents, Letters, etc. * Thompson's Vt., Part IIL, p. 130. Williams's Hist. Vt., ed. 2d., i. 91, 92. Triennial Catalogue of Dart. Col. Deming's Catalogue of Vt. Officers, passim. CEEAN BRUSH. 603 ^MTl /S^. 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 style of dress indicated by his portrait — which is still extant, and which was painted before he removed to this country— evinces. Of his miUtary 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, Elizabeth 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 1702. Having settled in New York city, he there married Margaret Montuzan, a widow lady, and by her former marriq,ge 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 Courts 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 Cumberland county,! vice John Chandler, removed. He was made surro- gate of the county on the lltli 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 aifected 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 subseqiient to the year 1755. The 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, which right she forfeited in the event of a second marriage. f He resigned the clerkship on the Yth 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." X 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 Rev. 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 Hampshire 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, 1T72, and at an election subsequently held, Samuel WeUs of Brattleborough and Crean Brush of Westminster were returned as representa- tives. On the 2d of February, 1Y73, 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. snrcs, and f(~»r liis liatred of every attempt at reform. Fluency 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 controvei-sy be- tween New Hampshire and New York respecting the New Hampshire Grants, he evinced a deep interest, and was well prei)arcd by knowledge obtained while in the office of the se- ci-etary 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 snccess 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 Febi'uary, 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 nnder 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 had been hoped that the reasons In-ought 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 BErSIl's INFLUENCE. 007 violonce against the settlers inidor Xew York, yet evils of this nature seemed rather to increase than diminish. On the 1st of Fehruarv, 1774, Benjamin Hough, a magistrate hy appoint- ment from jS'ew York, presented a i>etition to the General As- sembly of the province, asking, in behalf of himself and othei*s, to bo protected from the "outrageous cruelty" of the " l-5en- nington mob." The subject -was considered in " the grand committee on grievances," and a report therefrom Mas ]u-e- sented to the House on the oth, by Mr. Brush, in behalf oi' the chairman, Mr. Clinton, recommending that botly to retpiest the Governor to issue his proclamation, ottering a reward of £50 each for the apju-ehension of Ethan Allen and seven (^f his compatriots, and counselling the lL>use to bring in a bill to suppress " riotous and disorderly proceedings." Mr. Brush and Colonel Ten Broeck were appointed to pre})are the bill, and on the 9th the result ot their labors was laid before the house, anil was soon after passed into a law. The Governor's proclamation was issued on the 0th of March, and a reward of £100 each was oft'ered for the apprehension of Ethan Allen and Remember Baker, and of £50 each for the apprehension of six of the oIIut ringleaders. The influence which Mr Brush possessed ii\ the Uouse 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 January, 1774. 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 0])posed, 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 announcciiK'nt was ])ub- lished to the house on the 8th of March, and IVlessrs. Wiikins, 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 HISTOKT OF EASTERN VEKMONT. riglitness, justice, and impartiality of his administration ; the deep concern they feel on his departure ; their ardent desire of his speedy return ; their aftectionate 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 Irish 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 unoifending 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 oiDpressiou. On the 23d of February, 1775, he delivered a set-speech against the proposi- tion of Mr. Thomas, to elect delegates to the second Continen- tal Congress. Being charged "with using expressions which 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- lished, that the public might be able to form an opinion as to the justice of the charges. He was answered by Messrs. Chn- ton and Schuyler, who, with Colonel Woodhull, 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 prepared 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 EETIKEMENT FROM LEGISLATR'E OFFICE. 609 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. Colden. 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 8d 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 prej^ared with care and skill. As a writer, he is referred to in Trumbull's MacFiu- gal, in the following verses : — " Had I the Poet's brazen lungs. As sound-boai'd 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 all 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. 1288, 1290-1294, 1303, 1307, 1316-1318, 1322. Journals Col. Ass. N. Y. Doc. Hist. X. Y., iv. 1025. Dun- lap's K Y., i 450, 451. Trumbull's MacFingal, Boston ed., 1799, canto i. p. 28. 39 610 HISTORY OF EASTERN VERMONT. exercise. General Gage, tliougli 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, 1T75, " 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,