CHAPTER XXXV.

DISTURBANCES IN WINDHAM COUNTY, AND MILITARY AFFAIRS.

1782.

Opposition to the Vermont authority in the south east corner of the state is encouraged by Gov. Clinton who appoints civil and military officers and advises them to resist the Vermont officers by force, which they do-Laws of Vermont enforced against them - The military used against the Yorkers as a posse comitatus - The New York sheriff and regimental officers arrested, tried, convicted and banished the state, not to return under the penalty of death-Military affairs and further overtures from Canada.

IT

T was evident from the proceedings of congress that no dependence could be placed on the performance of their engagement, to admit Vermont into the union, and that the state curtailed of her enlarged territory by the deception that had been practiced upon her, must rely in future solely on her own separate exertions and resources to maintain her independence. Her situation was indeed critical. The relinquishment of the claim of territory to the eastward of Connecticut river, had caused much dissatisfaction among its inhabitants, with whom a considerable number along the west bank of that river sympathized; and intrigues were set on foot, and for sometime continued to induce the inhabitants to the eastward of the Green mountain to separate from Vermont and unite with New Hampshire, which intrigues were countenanced and encouraged by, at least, a portion of the men concerned in the government of the latter state. In the southeast part of the county of Windham, new troubles soon arose with some of the old friends of New York. On the formation of the eastern union in February, 1781, a general amnesty in favor of all who had previously denied the authority of the state had been granted by the legislature, and all open opposition to its jurisdiction had ceased. Many who had formerly been disaffected, took the oath of allegiance to the state; the towns of Brattleboro, Guilford and Halifax, in which had been their principal strength, had been ever since represented in the general assembly, and all had remained quiet. Even Gov. Clinton had apparently ceased to stimulate them to resistance. The civil and military officers whom he had several years previously commissioned, had

long forborne to act, and no attempt to exercise authority under the New York jurisdiction, had been made for more than a year. But the dissolution of the union with the New Hampshire territory, was the occasion of considerable dissatisfaction, with some of the former New York opponents of the Vermont jurisdiction; and when it became known that congress had failed to admit the state into the union, after her compliance with the resolutions of the preceding August, the opposition became earnest and active.

On the 30th day of April, a petition prepared by Charles Phelps, was addressed to Gov. Clinton, by persons styling themselves “ a committee of the towns of Brattleboro, Guilford and Halifax in the county of Cumberland;" complaining of the Vermont government and asking that a regiment might be raised “in the county of Cumberland" under the authority and pay of New York, and that probate judges, justices, coroners and all other officers might be commissioned under that state, and that the worst criminals might be carried to Albany or Poughkeepsie for trial. In answer to this petition, Gov. Clinton (May 6), promised to use his best endeavors to obtain commissions for the officers required, as soon as the council of appointment could be convened; and referring to the resolutions of Congress, of Sept. 24, 1779, and ignoring those of August, 1781, by which they had been superseded, declared that "if any person should under pretence of authority from the assumed government [of Vermont] attempt to enforce these laws," "resistance by force,” was "in every point of view justifiable."

The legislature of Vermont, at its session in Feb., 1782, had passed an act for "raising three hundred able bodied effective men for the ensuing campaign," to be apportioned among the several towns "according to the common list of each town." In case of non-compliance, the selectmen of any town might divide the inhabitants into as many classes as there were men to raise, and if a class failed to furnish its man they were directed to hire one and collect the sum paid of its delinquent members, by levy on their property under a warrant issued for that purpose. On the receipt of Gov. Clinton's letter, declaring "resistance by force" to be justifiable, the disaffected inhabitants of Guilford assembled and voted stand against the pretended state of Vermont with their lives and fortunes." A few days afterwards the execution of a warrant for the levy of fifteen pounds against the members of a delinquent class in that town, in the hands of a sheriff's deputy for the county of Windham, was resisted, and a cow which had been seized, was rescued from the possession of the officer by a mob.

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Another petition was now prepared, and was dispatched to Gov. Clinton at Poughkeepsie by Charles Phelps, who for several years was a leading spirit in the opposition to the Vermont authority. The object was to hasten the appointment of civil and military offices, that the jurisdiction of New York might be resumed and established, to which end it was deemed of the highest importance by Mr. Phelps that Chief Justice Morris of the New York supreme court should speedily, with the county judges to be newly appointed, hold "a court of oyer and terminer in the county of Cumberland" before which the offenders against the New York authority might if it should be deemed advisable be brought for trial. No project could possibly be wilder than this. The court house and jail were in possession of the Vermont authorities, and nine-tenths of the population of the county were opposed to the New York jurisdiction, which, indeed, had not for a long time been either exercised or claimed. Mr. Phelps failed to convince either Judge Morris or the governor of the feasibility of holding his desired criminal court, but obtained from Gov. Clinton commissions bearing date June 5, for the necessary complement of civil and military officers for the ideal county of Cumberland. The officers thus commissioned were three to adminster oath of office, seven justices of the quorum and of the court of oyer and terminer, and fifteen justices of the peace, Mr. Phelps holding one of each of these several offices. Timothy Phelps his son, was sheriff, and the regimental officers were Timothy Church Colonel, William Shattuck first major, Henry Evans second major, and Joel Bigelow adjutant. The field officers were directed to nominate those of inferior grade whom the governor soon afterwards commissioned, and he also engaged to appoint judges of the court of common pleas and other county officers whenever their services should be needed.2

The government of Vermont was aware of the preparations that were making to resist its authority, and resorted to energetic mea

1Mr. B. H. Hall, whose sympathies were with the adherents of New York, speaks of their strength at this period as follows: "The friends and supporters of the government of New York who, until the year 1780, had composed a large portion of the population of the towns in the south eastern part of Vermont, had been gradually decreasing in power and numbers. At this period a majority of the inhabitants of Guilford, and a minority of the inhabitants of Brattleboro and Halifax, the family of Charles Phelps in Marlboro, and here and there an individual in Westminister, Rockingham and Springfield, and a few other towns, represented their full strength." Hall's E. Vt., p. 423.

2 Clinton Papers, No. 4482, 4527, 4565, 4574. Doc. Hist. N. Y., vol. 4, 1010-1012. Slade, 183, 184, 446. Hall's Eastern Vt., p. 420–432.

sures for enforcing it. The legislature which assembled at Windsor on the 13th of June, passed "an act for the punishment of conspiracies against the peace, liberty and independence of the state,' by which all persons who conspired against its jurisdiction and forcibly resisted its authority, were made liable to imprisonment or banishment, in the discretion of the supreme court; and any person returning from such banishment, without leave of the general assembly, was, on conviction, to suffer death. An act was also passed authorizing the governor to raise any number of men he might deem necessary, and appoint officers to command the same and cause them to be marched into any part of the state "to assist the sheriffs in their respective counties in the due execution of their offices." But before resorting to force, it was deemed advisable to see what could be done by conciliatory means. With that view, the assembly passed a resolution, "requesting Isaac Tichenor, Esq., to repair to the towns of Brattleboro, Halifax and Guilford, and explain the proceedings of congress to the disaffected in a true light, and that he use his utmost exertions to unite the people in those towns to the government of the state.' Mr. Tichenor, then under thirty years of age, was a native of New Jersey, a graduate of Princeton, and a lawyer by profession. He was afterwards, for long periods, a judge of the supreme court, and governor of the state, and for more than one term a senator in congress. He was a ready speaker, and noted for his fascinating manners and great persuasive conversational powers. Although he executed his mission with prudence and ability, it was in a great degree unsuccessful. The opposition to the Vermont authority, led and stimulated by the newly appointed civil and military officers under New York, grew still more determined. On the 10th of July, Charles Phelps wrote Gov. Clinton, urging him to obtain an order from Gen. Washington for four small field pieces to be sent from Springfield to Brattleboro, to be used against the Vermonters, and to have the governor at the same time issue his printed proclamation, assuring the friends of New York, that they would be protected in their opposition by a competent military force; General Washington's approval of the cause of New York, thus publicly shown, would, he argued, in connexion with the proclamation, so intimidate the Vermonters, as to prevent any further proceedings on their part. If Gov. Clinton confided in the efficacy of these measures, he probably very well knew that Gen. Washington, after the friendly advice he had recently given the Vermonters, and which they had followed into the very difficulties they were now encountering, was not likely to

countenance any such proceeding against them. At any rate no application was made to him for cannon, nor was any proclamation issued. A few days afterwards, a committee of the hostile inhabitants of those towns addressed a formal petition to Gov. Clinton, asking for military aid in their opposition to Vermont, and for information and advice in regard to the proper measures to be adopted by them. To this petition the governor returned a long answer, in which he informed them that in his opinion congress would never decide in favor of the independence of Vermont, and he feared they would not in favor of New York; that the legislature of New York would never relinquish their claim to the territory in question, "unless impelled thereto by the most inevitable necessity;" that though "it was not in his power positively to stipulate that any body of troops or militia should march to their defence," yet he "did not wish to be understood as discouraging them in their opposition to the usurpation" of the Vermont government. This letter, though it did not give certain assurance of immediate aid, was calculated to inspire confidence in the ultimate triumph of the New York jurisdiction, and to strengthen the determination of its friends to resist the Vermont authority. On the receipt of this answer, the adherents of New York openly boasted that they expected assistance from the government of that state, and a considerable number of them, in a formal and solemn manner, pledged themselves to each other "to oppose the state of Vermont even to blood."

Opportunities to resist the Vermont authority were not wanting. A judgment in a civil suit had been rendered by a Vermont justice against Timothy Church of Brattleboro, the recently appointed colonel under New York, and the execution was placed in the hands of Jonathan Hunt, sheriff of Windham county, for collection. Towards the latter part of August, the sheriff in attempting to execute the process, was resisted by Church and his friends, and an arrest prevented. The sheriff without further effort, reported the facts to Gov. Chittenden. Other hostile demonstrations against the authority of the state were also made, rendering it indispensible for the government, either to abandon its claim to jurisdiction, or to take effectual measures to maintain it.

On the 2d of September, Gov. Chittenden, in accordance with the advice of his council, issued a commission to Gen. Ethan Allen, empowering and directing him to raise two hundred and fifty volunteers out of the two regiments of Col. Walbridge and Col. Ira Allen in Bennington county, "...... and have them equipped with horses, arms, and accoutrements, and march them into the county of Windham,