CHAPTER XVII.

ATTEMPTS TO OBTAIN THE INTERFERENCE OF CONGRESS.

Charles Phelps and Joel Bigelow repair to Poughkeepsie-Public and private letters of Gov. Clinton to the New York delegates in Congress-Clinton to BigelowNew York delegates to Clinton-Depositions of Yorkers-C. Phelps proceeds to Philadelphia-Church, Shattuck, Evans, and T. Phelps-Statement of grievances by the New York adherents-Shattuck and Evans with Gov. Clinton-C. Phelps before Congress Shattuck and Evans visit Philadelphia— Action of Congress-Persistence of C. Phelps-Congressional resolves-Destitution of Shattuck, Evans, and C. Phelps-Resolutions of the 5th of December -Further action of Congress-Gov. Clinton to the convention of committees Strife between the Yorkers and Vermonters-Proposal for a temporary settlement of difficulties-John Bridgman taken, and released on parole-Governor Chittenden's letter about the Yorkers-Report that Col. Church was to be hanged-Effect of the resolves of the 5th of December-Correspondence between the Yorkers and Gov. Clinton-Letter from Governor Chittenden to the President of Congress-Remonstrance of the General Assembly of Vermont to Congress.

On the 11th of September, the day on which the trials of the prisoners taken by Ethan Allen commenced at Westminster, a number of the citizens of New York, in Cumberland county constituted Charles Phelps their agent to visit Governor Clinton, to repair to Congress, and to act for them in matters pertaining to the controversy, "as he in his prudence and discretion," should think proper. Knowing that a warrant had been issued for his arrest, and that the militia were endeavoring to take him, Phelps strove to avoid their vigilance and ultimately succeeded. Though desirous of visiting his family before proceeding on his mission, he was obliged to leave without seeing them. While on the road and before he had left the state, he was pursued by eight or ten men for several miles, but fortunately escaped. Having obtained a supply of clothing from his friends in Hadley, he made the best of his way to Poughkeepsie. On the same day Joel Bigelow, of

1782.]

ADVICE OF CLINTON.

457

Guilford, left for the same place, for the purpose of acquainting Governor Clinton with the late proceedings. Travelling with greater expedition than Phelps, he reached Dutchess county before him, and, on the 15th of September, made a deposition before Justice Melancton Smith, concerning the conduct of the Vermonters, and the manner in which they had been received by the Yorkers. This déposition was immediately transmitted to the delegates in Congress from New York, with a request that it might be communicated to Congress as soon as possible, inasmuch as it clearly evinced the necessity of a speedy determination of the boundary dispute, or at least of an interference which should preserve the public peace until the controversy could be finally decided.*

In a letter dated the 16th of September, and accompanying the deposition, Governor Clinton announced it as a fact, "undeniably true," that the government of New York and its subjects on the "Grants," had strictly adhered to the recommendation of Congress "in abstaining from the exercise of any authority over persons professing subjection to the pretended state of Vermont." He detailed the advice which he was about to transmit to his oppressed fellow-citizens in Cumberland county; referred in a pointed manner to what he deemed the duty of Congress; and concluded in these words :-" From the spirit and determination of the inhabitants of several towns on the east side of the mountains who have resolved to experience every inconvenience rather than swerve from their duty and allegiance to the state [of New York], until Congress declares theGrants' not to be comprehended within our boundaries, I am induced to believe this [outrage] will lead to more serious consequences for which, however, I do not consider either the state or myself responsible." In a supplementary note of a private nature, the Governor requested the delegates, "without mentioning this intimation," to read his communication publicly in Congress when the deposition should be introduced. "In a letter to you," he observed in explanation, "I can use a freedom which in an address immediately to Congress might be conceived rather derogatory to their dignity . . . I feel the honor of the state and myself hurt, that my repeated applications to them for a decision of the controversy have been not only ineffectual but even unnoticed. You are fully sensible of

* MS. Commission and Deposition.

my situation, and of the condition of the state to assert its rights, and I flatter myself you feel for our unfortunate fellowcitizens who are thus exposed to outrage and injury. I have, therefore, only to add an earnest request, to use every means for inducing Congress to attend to this very important business. The unfortunate people who are now made prisoners by the insurgents, having in every instance religiously adhered to the recommendation of Congress, conceive they have a just claim to their protection, and consequently look up to them for a speedy and effectual interposition for their relief."*

Having dispatched the letters and deposition to Philadelphia, Governor Clinton placed in the hands of Mr. Bigelow a communication directed to him, and intended for the perusal of the unfortunate sufferers by the "late outrage." The advice which he gave was well in keeping with the character of the man. "I would as heretofore," said he, "recommend to our friends, still to persevere in the line of conduct pointed out by the resolve of Congress, in abstaining from all acts of force or violence except when their immediate self-defence shall compel them to have recourse to resistance by arms. At the same time, should the government of the pretended state continue to hold the prisoners in confinement, I would then think it justifiable and advisable that attempts should be made for their release; and if this cannot be effected, then that an equal number of the insurgents should be taken and brought to this t or any other place of security in the state, where they can be detained as hostages for the security and indemnity of the subjects of this state whom they have made prisoners of."‡

The dispatches of Governor Clinton having been received at Philadelphia on the 20th, an attempt was made by the New York delegates to read them in Congress without delay, but a pressure of business of greater importance rendered this course impracticable. The person by whom the papers had been sent being apprehensive that his poverty would not permit him to tarry long in Philadelphia, left without the information of which Clinton had hoped he would be the bearer. Assurances were however conveyed to the Governor of the interest which others beside himself felt in the result of the late occurrences.

* George Clinton Papers, in N. Y. State Lib., vol. xvi. dọcs. 4761, 4762. + Poughkeepsie.

Doc. Hist. N. Y., iv. 1012, 1013. Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 47.

1782.]

BIXBY'S COMMUNICATION TO GOV. CLINTON.

459

"This new and unexpected violence," wrote the delegates, "offered in direct opposition to the recommendations of Congress to those peaceable citizens who have always strictly adhered to the same, and the dangerous consequences which may ensue from such evil examples, will, we trust, induce Congress immediately to interpose and exert their authority for the relief and protection of those unhappy people, our fellow-citizens, now made prisoners by a lawless power. Your Excellency may rest assured that we shall exert ourselves to the utmost for their relief, and that measures may be adopted for the future protection of the adherents to our state who reside in that district of country."*

In order that Governor Clinton might be fully informed of the conduct of the Vermonters, the depositions of Thomas Baker and David Lamb, two of the sufferers by the "late outrage,' were sent to him by Samuel Bixby, the clerk of the New York convention of committees. In an accompanying communication, dated the 22d, Bixby stated that the sentence which the prisoners had received was contrary to the laws of Vermont, as they were not taken under arms, which was the only condition on which their conduct was to be adjudged criminal. On this point, however, he was at fault, for the particular act under which they were arrested, denounced punishment against any one who should conspire against the liberty of the state, whether with arms or otherwise. He also referred to the illegality of the proceedings, whereby the same tribunal had held and swayed both the legislative and the executive power. And in this particular his remark was just, for it was by order of the court, and not by legislative enactment, that the officers were empowered to seize the property of those against whom charges had been preferred, when it was ascertained that their persons could not be secured. The reply of the New York delegates, a part of which has been already recited, was received by Governor Clinton on the 27th, and the information which it contained was immediately transmitted by him, to the convention of Cumberland county. In the few words of advice which he added, he, as on former occasions, counselled his friends to behave peaceably, and "not to have recourse to violence or force," unless the immediate defence of their persons and property should demand the employment of such measures. At

* George Clinton Papers, in N. Y. State Lib., vol. xvi,, docs. 4772, 4773.

the same time he wrote to Jonathan Hunt, who, as sheriff of Windham county, had taken an active part in arresting the subjects of New York. He reminded him that the proceedings in which he had been engaged were in "direct opposition and contempt of the recommendations of Congress," and warned him of the "dangerous consequences" which would ensue should he attempt to execute process against those who refused to obey the laws of Vermont.*

Soon after Governor Clinton had dispatched the messenger to Philadelphia with the information which Bigelow had brought from Guilford, Charles Phelps arrived at Poughkeepsie with accounts confirmatory of the reports which had preceded him. Here he remained until the messenger returned from Philadelphia, when he made known his intention of paying a visit to Congress. Conceiving that his presence there would be of no service to the cause he was eager to advocate, and apprehending he would be "troublesome and perhaps burthensome" to those with whom he would necessarily be brought most in contact, Governor Clinton endeavored to dissuade him from going. Nothing could change his determination. Though the Governor declined writing by him, lest the delegates should suppose that his visit was made by the Governor's approbation, Phelps departed on the 1st of October, depending on his own resources for the assistance he should require.

In conformity with the sentence that had been passed upon them, Church, Shattuck, Evans, and Timothy Phelps were released from imprisonment on the 4th of October. They were then taken under a strong guard across Connecticut river into New Hampshire, where the sentence of banishment was read to them by Samuel Avery, a Vermont deputy sheriff. To this the penalty of death was added, provided they should ever return. On the 24th, the sheriff of Windham county was directed by a resolution of the General Assembly, to sell their estates as confiscated property, and accept in payment, "due bills, pay-table orders, or hard money." He was also directed to sell as much of the estates of those persons who had been indicted by the grand jurors of Windham county, as should

* Soon after the receipt of this letter, instigated either by fear or by doubts as to the legality of his course, Hunt resigned his office. Dr. Elkanah Day was appointed in his place on the 16th of October, 1782. MS. Accounts. Doc. Hist. N. Y., iv. 1013, 1014. George Clinton Papers, in N. Y. State Lib., vol. xvi. doc. 4781. Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 48.