being lost, the committee voted to adjourn until the second Tuesday in November. In less than an hour after the adjournment, 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 New York for the purpose of representing the difficulties of the county, and seeking 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 New York, wrote to the convention of that state, of which he had until of late been a member, in truly scriptural phrase, an account of the inconveniences to which he was subjected because of his opinions. "My opposition," said he, " has rendered my situation somewhat unhappy at present, but I trust I shall find the old maxim true in the end, that honesty is the best policy. I have been a sort of Micaiah in the affair, and I believe many would be glad I were in the house of Jonathan,* and I have reason to expect this will be my fate if something is not done very soon."+

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 Massachusetts, "in behalf of the sacred rights" of that state, and for the purpose of securing to her the control and disposal of fifty townships situated in the south-eastern part of Vermont. In defence of his position, he asserted that Massachusetts had purchased of the Indians the territory in question, which had been afterwards laid out into townships, and had taken of them the necessary deeds and conveyances signed and sealed by their chiefs and sachems; that these transactions had taken place

* I Kings, chap. xxii. vs. 7-28. 1 Samuel, chap. xiv.

Miscellaneous Papers in office Sec. State N. Y., xxxvii. 461; also Papers relating to the Vermont Controversy, pp. 4, 5. Pingry MSS. Journal N. Y. Prov. Cong., i. 1021, 1039, 1059. Doc. Hist. N. Y., iv. 948–951.

1777.]

COUNC

MEMORIAL OF PHELPS TO THE COUNCIL.

307

while Belcher was Governor of Massachusetts; that the necessary agreements had been entered into at Fort Dummer; that the papers drawn on the occasion had been placed in the provincial Court-house at Boston, and had been destroyed when that building with its contents was burned on the 9th of December, 1747. He denounced as unjust the conduct of Great Britain in assigning to New York lands which belonged to Massachusetts, and did not scruple to blame New York, the state from which he had received so many favors, and to which he owed allegiance, for endeavoring to retain possession of territory which had been claimed for Massachusetts by the "rightful, just, and most solemn resolves" of her General Court. Inasmuch as manuscript testimony was out of the question, Phelps proposed that Col. Israel Williams of Hatfield, the only surviving witness to the transactions referred to, should be requested to make affidavit to such facts as he might remember bearing upon the case under consideration, and that Massachusetts 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 afterwards destroyed. Two years later the General Court declared that the state of Massachusetts had a "clear and indisputable right" to the southern part of Vermont, 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 Vermont," and refused to prosecute it further.*

* Revolution Council Papers, in office Sec. State Mass., 1777, iv. 377.

CHAPTER XII.

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 Clinton-Clinton to Fitch-Clinton to Gouverneur Morris-Clinton to Henry Laurens-" Yorkers," "Vermonters," "Neutrals"-Officers chosen both by Vermont and New York-Union with New Hampshire dissolved-An attempt to connect 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 Vermont who had assembled at Windsor in convention, on the 2d of July, 1777, separated on account of the evacuation of Ticonderoga, and the progress of the enemy under Burgoyne, they had intended to publish without delay, the constitution they had adopted, and thus enable the people to hold, in the month of December following, an election of representatives to compose the General Assembly. Owing to the unsettled condition of the times, the constitution was not printed in season to allow of the accomplishment of this object. Another general convention was therefore called by the council of safety. The meeting was held at Windsor on the 24th of December, the constitution was revised, and effectual means were taken to set the machinery of government in full operation. On the 6th of February, 1778, the council of safety distributed among the inhabitants of the different towns in the state, copies of the new constitution. The election of representatives took place on the 3d of March following, and on the 12th of the same month, the

1778.]

PECULIAR POSITION OF VERMONT.

309

first session of the General Assembly of the state of Vermont 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 Cumberland county who owed allegiance to New York, assembled at Brattleborough on the 28th of January, and prepared a petition addressed to the Legislature of the latter state. In this paper they stated that they had been informed on "credible authority," that the convention of the "pretended state of Vermont" had prohibited the exercise of all authority derived from New York; had made laws to bind the inhabitants of Cumberland county; and had lately adopted a constitution under which state and other officers were soon to be elected. From the evils which threatened them in this quarter, they prayed to be defended. More fully to express their views, they appointed James Clay their agent at the New York Legislature.

In answer to their petition and others similar, the subject of the controversy between New York and Vermont was taken up in the Senate and Assembly of the former state, and resolutions were passed, on the 21st of February, containing such overtures to the disaffected inhabitants of the northern counties, as were deemed compatible with the dignity of New York as a state, and with the welfare of those with whom a reconciliation was desired. These resolutions were embodied in a proclamation, which was issued on the 23d, under the signature of Governor 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, 81

but subsequent events showed that the government of New York, although skilled in the use of firm language, was not prepared to support its words by its acts.*

To the New York adherents resident in Vermont, this proclamation 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. "Notwithstanding the uneasiness of many disaffected persons," said they, "we do freely comply with the terms of said proclamation, and rejoice to find such pacific sentiments therein contained; not in the least doubting but on suitable application, we may have redress of all grievances." In the few towns in the county where the sympathies of the inhabitants were consonant with the sympathies of the people of Halifax, the proclamation was regarded with similar feelings. It was for this reason that Governor Clinton was informed that his address had been "productive of some good," in spite of "the many unmanly artifices made use of by the New State's men to prevent it." In order to exert a favorable influence upon the gubernatorial election which was soon to be held in the state of New York, and also in such towns upon the "Grants" in 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 effect on the election was far otherwise than had been anticipated. In some towns a very small vote was polled, and in others there was no voting. The proclamation was generally regarded as an unfortunate production, whose provisions would by no means suit the temper of the mass of the people. In some towns it was publicly burned.†

The dispute between New York and Vermont 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 conduct of that body in disavowing allegiance to New York, as an act tending to "disunite the friends of America in the present

*Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 7. Slade's Vt. State Papers, pp. 82-84. Doc. Hist. N. Y., iv. 951-955.

George Clinton Papers in N. Y. State Lib., vol. iv. docs. 1161, 1181.