the confederacy looked forward with an interest commensurate with the importance of the results which were to follow.*

Doc. Hist. N. Y., iv. 992-1000. Journals Am. Cong., iii. 350, 363, 865-367, 371. Slade's Vt. State Papers, pp. 110-115. Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 30. Laws of N. Y., in office Sec. State N. Y., 1777-1789.

CHAPTER XIV.

CONTINUATION OF THE DISPUTE. THE BURNING OF ROYALTON.

Representatives from Cumberland county in the New York Assembly-Guilfordite Yorkers-Elections held by order of New York-Micah Townsend's Letter to Gov. Clinton-Convention of Committees at Brattleborough-Samuel Minott to Clinton-Charles Phelps refuses to serve in the Vermont Militia-He and his son Timothy are fined-Second Convention of the Committees Major Jonathan Hunt sent to Philadelphia-Action of Congress-attempts of Vermont to effect a Settlement with the Yorkers-Petition of Inhabitants of Cumberland 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 American cause-Gov. Clinton's opinion-Hearing before Congress of the Claims to the "Grants"-Incursion of the Indians at Barnard and Bethel-Fort Defiance built―The British and Indians plan an attack on Newbury-Are diverted from their object-They attack Royalton-Sufferings of the Havens family—Adventures of Gen. Elias Stevens and Capt. John Parkhurst-Escape of the Rix family -Heroic conduct of Gen. Stevens-Various incidents connected with the capture 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-Opinions concerning the conduct of Col. House-Review of the Losses-Incidents connected with the Inroad-The Exploits of Mrs. Hendee—The Alarm at Brookline-The Flight of the People-The Burning Brush-heaps at Newfane-Prepa rations for Defence--The gathering of the Soldiery-The Calmness of Noah Sabin Sen. misinterpreted-Explanation of the Alarm.

DURING the winter of 1779, 1780, 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 inhabitants of Vermont. The attention of Congress was so much occupied in furthering the general welfare of the Union, that the points of difference between the contending parties, were allowed to remain undecided. Meantime, Cumberland county was represented in the Legislature of New York by Micah Townsend of Brattleborough and Elkanah Day of Westminster. The former occupied his seat from the middle of August, 1779, to the middle

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 February, 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 Root decreed Hix guilty, and awarded to him, as a suitable punishment, fifteen stripes on his naked back. It is stated that "Job Whitney laid them on." But the Guilfordite Yorkers were not content with partially establishing the jurisdiction of the state to which they owed allegiance. They aimed to be the sole rulers within their own town. They were jealous of rivals, and of those who seemed to be aiming at that condition. It was this sentiment which, on the 6th of May, brought Hezekiah Stowell, Asa Rice, Phineas Rice, and Micah 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 Vermont" was holding a court, and at the time of the visit, was busied in the trial of a criminal. On this occasion, Sherburn evinced higher powers of magistracy, for, by his orders, 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 establishing what they regarded as the rightful jurisdiction. In several towns they attempted to exercise the right of suffrage, at the spring elections which had been ordered by New York. Simeon Edwards, a valiant citizen of Guilford, "signed and posted up a warrant in the name of the sheriff," requiring the people of the town to assemble and elect a Governor and other civil officers for the state of New York. In obedience to this call, those of the inhabitants who regarded the warrant as legal assembled, and an election was held. In other places the supporters of the new state, tore down the notifications and threatened all

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 New 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 ranks of the minority.

On the 10th of April, after his return home from the session of the New York Legislature, Micah Townsend wrote to Governor Clinton informing him of the sentiments which were entertained concerning the controversy, by the various classes of people with whom he was brought in contact. For three years had the loyal subjects of New York awaited the decision of Congress respecting the recognition of Vermont as a separate state. To the February just passed they had looked forward with the hope that this important question would then be settled. Their agents had, however, returned from Philadelphia, 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 ruling 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, having 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 established, but who had every

thing to lose in case her claim should be pronounced invalid.*

For the purpose of ascertaining the political condition of Cumberland county, a convention of those owing allegiance to New York was held at Brattleborough on the 11th of April. Nine towns were represented. However satisfactory the deliberations on this occasion might have been, yet the letter to Governor 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 associates had been engaged in support of the jurisdiction of New York. He reminded the Governor, that many of the inhabitants 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 maltreatment, 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 commissioners 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 "prevent 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 imprisoned 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.