1779.] SEVERE SENTENCE FOR DEFAMATION. 331 Governor Clinton, "in a temper of mind to ask any favours of them, 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 punishment 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 conviction. of the offence, made liable to punishment by fine, imprisonment, disfranchisement, or banishment. On account of the license in language which then as now prevailed, an opportunity was soon presented for trying the efficacy of this act. Nathan Stone, a citizen of Windsor, but a Yorker in principle, having been charged with using "reproachful and scandalous" words on the 15th of March concerning the "authority" 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 had 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.t * Slade's Vt. State Papers, pp. 244–251. MS. records of Vt. courts. George Clinton Papers in N. Y. State Lib., vol. vii. docs. 2095, 2198; vol. viii. doc. 2464. + 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, plaintiff, 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 XIII. CONFLICT OF JURISDICTIONS. Vermont Militia Law-Obedience to it refused in Putney-Sergeant McWain endeavors to enforce it-Resistance is offered-Friends of New York convene at Brattleborough-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 Guilty 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 CongressCourse 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 Townsend to Clinton-Resolves of Congress-Further Attempts of Vermont Officers to enforce Obedience to the Laws of the StateLetter 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 differences between the contending parties residing in Vermont were attracting general attention. In the act passed at the February session of the Legislature of that state, for forming and regulating 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 command 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 liability was dis 1779.] THE VERMONT MILITIA LAW. 333 charged, "any law, usage, or custom-to the contrary notwithstanding." Provision was also made for raising men by the following method. The captain or commanding officer having first taken the advice of his under officers, was authorized 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 officer 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 commanding 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 assessment 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 militia 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 commander-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," predicated on advice from a high quarter, he communicated 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 careful in his conduct towards the supporters of the usurped authority, and suggested that the assertion made by them concerning himself, must have been founded on the advice he had given them on their frequent application for troops, the effect of which 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 William 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 Vermonters readily consented to enlist or pay their proportion as directed by the state. Not so the Yorkers. To them obedience in military affairs to a state whose jurisdiction 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. Cummings, all of Putney. To no purpose did McWain represent to them 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 themselves and demanded payment. Payment was refused. The sergeant then proceeded 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. Information 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, unarmed, 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 Vermont sergeant was not prepared. Still he was unwilling to stop or postpone the sale. Vainly did the Yorkers endeavor by calm argument to convince him of the impropriety 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 4th of May following, the committees of Hinsdale, 1779.] PETITION TO GOVERNOR CLINTON. 335 Guilford, Brattleborough, Fulham, Putney, Westminster, Rockingham, Springfield, and Weathersfield, "chosen for the purpose of opposing the pretended state of Vermont," convened at Brattleborough, and prepared a petition, addressed to Governor Clinton, and signed by Samuel Minott, 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 annoyances to which the temporizing measures of Congress had subjected 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 reasons which had led them to indulge this hope. "We were encouraged to expect it," said they, "not only as the revolt established 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, while 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 suffered 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 enumerated 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 New 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 compelled to obey a government which we view as a usurpation, |