to New York for instructions. This the deputy refused to do, and forthwith proceeded to carry off a cow belonging to Joel Bigelow, having 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 opportunity 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 command 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 supporters of the claims of New York exulting in the success which had attended this effort, were making every exertion to add to their strength and increase their efficiency, the citizens of Vermont 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.†

In the presentment of the grand jurors of Windham county, made in September, 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 Roberts, Dean Chase, Benjamin Chase, Nathaniel Carpenter, Edward Carpenter, Asaph Carpenter, Daniel Shepardson, Adonijah Putnam, Nathan Avery, Josiah Rice, David Goodenough, 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.

+ MS. Court Records. Thompson's Vt. Gazetteer, ed. 1824, p. 141.

CHAPTER XVI.

THE CIVIL SUSTAINED BY THE MILITARY ARM.

Convention of town representatives favorable to New York-Petition and remonstrance—Credentials-Charles Phelps-Novel punishment at Hertford-Letter of Richard Morris-Council of Appointment-Civil and military officersAdvice 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 YorkDetermined conduct of the Yorkers-Col. Church resists the laws of VermontThe 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 sceneMr. Phelps is afterwards taken by Ethan Allen-The onset of the GuilforditesEthan Allen's famous proclamation-His force receives additions-The Yorkers imprisoned at Westminster-First day of the trial-Proofs of the seditious behavior of Church, Shattuck, Evans, and T. Phelps-Their sentence-Another attempt to take Charles Phelps-His library-Second day of the trial-Boasting 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, Guilford, Halifax, and Marlborough assembled in convention, of the 17th of May, and prepared a combined "remonstrance and petition" for the consideration of Governor Clinton. This production 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 Vermonters; that warrants were frequently issued for the seizure of the persons and property of the petitioners; and that usurpations had been "valiantly 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

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 government," 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. That the Vermonters might have no cause to charge them with indifference to the common cause, they desired the 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 indispensable 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 Vermont 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 Cumberland county, whenever such a tribunal should be established.

The documentary force of the agent was completed by a third paper, entitled, "Reasons to Induce His Excellency the Governor, 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 APPOINTMENTS.

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 convince 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 themselves "in every possible, lawful, prudent manner," to support the government which offered 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 wholly enervate all their ambitious, malignant, avaricious, and despotic designs, so arrogantly formed against us and the righteous administration of the state." Such were the consequences which were expected to follow the exhibition in Vermont of some of the state officials of New York. The petition, credentials, 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 Poughkeepsie, 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 happen 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 contemptible act, was threatened with punishment. This was inflicted in such a manner as to cause considerable physical suffering, and was humiliating in the extreme. On the night of the 30th of May, a party of men composed of Jedediah Leavins, Phinehas 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 unfortunate citizen. As was more clearly set forth in the presentment of the grand jury, they "did beat, wound, and ill-treat" him by "placing him on

* George Clinton Papers, in N.Y. State Lib., vol. xv. doc. 4527.

an old horse without a saddle, tying his 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 suffered 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 public peace and the infringers of Mr. Billings's personal rights, were punished by pecuniary mulets, and were compelled to bear the costs of the prosecution.*

On his way to Poughkeepsie, Mr. Phelps visited Chief-justice Richard Morris at Claverack, and made known to him the object of his mission. He also detailed the events which had lately occurred in the southern part of Vermont; laid before the Judge the different papers with which he had been entrusted; informed him that the Governor, the Attorney-General, and the Council of Appointment were to start immediately for the disaffected district for the purpose of organizing a government and establishing courts of justice on a solid basis; and assured him that it was absolutely necessary that he should accompany them. Although several of these statements were gratuitous on the part of Phelps, yet they were pressed with so much urgency that they received immediate attention. "I cannot find out," wrote Morris to Clinton, on the 2d of June, with reference 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 think 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 appoint officers in the counties of Cumberland and Gloucester.+

On reaching Poughkeepsie, Mr. Phelps committed the papers 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 outset, that the loyal inhabitants of the northern district of the state were entitled to protection, and to the actual presence in *MS. Court Papers.

George Clinton Papers in N. Y. State Lib., vol. xv. doc. 4565.