1783.] LETTER OF CHITTENDEN TO THE PRESIDENT OF CONGRESS. 481

in scorn and contempt. The Vermonters on this side the mountain say they will adhere to Congress, though they should renounce Vermont." For these reasons which he deemed correct, although, as far as the majority of the inhabitants residing on the Connecticut were concerned, they were unwarranted and untrue, for these reasons, and because of a report that the people in and about Bennington, Manchester, and Arlington were threatening to make a hostile incursion for the purpose of distressing the Yorkers, he besought the Governor to use his influence to ensure the immediate enforcement of the resolves of the 5th of December. To these and other similar earnest entreaties, Clinton was unable to respond fully, both on account of the timidity of the government of his own state, and because of the uncertainty which Congress seemed to manifest concerning their right to enforce a compliance with the resolutions. Although cognizant, by affidavits and depositions, of many acts done in opposition to these resolutions, he was unwilling to send the proofs to Philadephia, lest they should be found to contain evidence of the evil conduct of individuals only, and not of the government of the state. Still he did not cease to write cheeringly to his unfortunate constituents, begging them to "persevere in the line of conduct heretofore pointed out to them;" prophesying "a favorable issue" to their difficulties; and assuring them that nothing that might tend to their interest should be neglected by him.*

The opposition to the late action of Congress, though at first manifested only in the conduct of individuals, as Clinton had suggested, was not long in assuming a more authoritative form. Upon the receipt of a copy of the obnoxious resolves, Governor Chittenden, in a long and elaborate letter to the President of Congress, under date of the 9th of January, remonstrated against the positions therein taken, and supported his remonstrance by reciting the "solemn engagements" into which Congress had entered with Vermont; by quoting from the letter which General Washington had addressed to him on the 1st of January, 1782; and by a method of reasoning which, if it was not entirely just, was yet plausible and clever. Referring to the transactions which had led to the passage of the resolutions of the 5th of December, his language was as follows:-" Al

* Various MS. Depositions, Affidavits, etc., in office Sec. State Vt. George Clinton Papers in N. Y. State Lib., vol. xvii. docs. 4909, 4910, 4921, 4926. Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 50.

though this state is not amenable to the tribunal of Congress for the management of its internal police, I, nevertheless, will give them a brief narrative of facts relative to those delinquents, in whose behalf Congress, in their resolutions of December last, have interposed. At the session of the General Assembly of this state in February, 1781, a general act of amnesty was passed in favor of such persons, within this state, who had previously made opposition to its authority. Upon this they unanimously submitted to this government, and all opposition to it ceased for more than one year, when the Legislature having ordered a certain quota of men to be raised in the several towns throughout this state, for the defence of its frontiers, evil-minded persons in the town and vicinage of Guilford, in the southerly part of the county of Windham, opposed the raising and paying of them; and Governor Clinton of the state of New York, by letters to them and otherwise, interfered in their behalf, which caused a second insurrection in this state; and though every prudent and lenient measure was taken by government to reclaim the offenders, they proved ineffectual. In the mean time, Governor Clinton gave commissions, civil and military, to sundry of those disaffected persons, and they had the effrontery to attempt to exercise the laws of the state of New York over the citizens of this state, when a military force was, by the direction of this government, sent to assist the sheriff of Windham county in the execution of the laws of this state; and the procedure of the court relative to the five criminals who were banished, and to sundry others who were amerced in pecuniary fines, was in due form of law.

"The notorious Samuel Ely, who was ring-leader of the late seditions in the state of Massachusetts, a fugitive from justice, was one of the banished. He had left that state, and was beginning insurrections in this, when he was detected, and carefully delivered to the sheriff of the county of Hampshire, in the state of Massachusetts, who, as I have been since informed, has secured him in gaol at Boston, to the great satisfaction and peace of that state. This same Samuel Ely, Timothy Church, and William Shattuck, who were three of the banished, had previously taken the oath of allegiance to this state, and so had a greater part of those who were fined; and every one of the towns in which they resided, had, for several sessions of Assembly, previous to their insurrection, been represented in the Legislature of this state." Following up these statements by

1783.]

ADDRESS OF THE GENERAL ASSEMBLY.

483

arguments based upon various congressional enactments, he strove to show that in the rulers of Vermont alone, was vested the right of exercising governmental powers within the boundaries which they claimed as the boundaries of the state. His concluding remarks related to the question of the sovereignty of Vermont. "But admitting," said he, "that Congress have a judicial authority to control the internal police of this state, this state has an incontrovertible right to be heard in its defence, as a party (in law), and should, on this thesis, have been cited by Congress to a hearing at their tribunal, previous to their having passed their resolutions of the 5th of December last, that this state might have had the privilege of vindicating its cause. But that Congress, at the special instance of Charles Phelps (a notorious cheat and nuisance to mankind, as far as his acquaintance and dealings have been extended), should come to a decision of so important a matter, ex parte, is illegal, and contrary to the law of nature and nations."

Similar in tone, but more brief and less comprehensive, was the communication to Congress from the General Assembly of Vermont, dated the 26th of February. An expression of astonishment at the means by which the passage of the resolves had been obtained-an expression resembling, and probably suggested by, that employed by Governor Chittenden in his letters, served to point the closing sentence of their remonstrance. "As we have, from the commencement of the war," wrote they, "braved every danger and hardship, against the usurpations of Britain, in common with the United States; as our inherent right of sovereignty and jurisdiction stands confessed upon the principles of the revolution, and implied by the solemn transactions of Congress, we cannot but express our surprise at the reception of the late resolutions of Congress of the 5th of December, obtained ex parte, and at the special instance of an infamous person." Such was the decided manner in which Governor Chittenden and the General Assembly maintained their rights, in spite of the rage of New York and the enactments of Congress.

Now that the government of Vermont had declared the late resolves obnoxious, the affidavits and depositions which Governor Clinton had been at first unwilling to make public were sent to Philadelphia. Congress became cognizant of the fact that the authorities of Vermont not only, but the majority of the people as well, were not to be subdued by paper edicts or

stern resolves. Chittenden had truly said that Vermont was present in the disputed district, and in the actual possession and exercise of power, while New York and Congress were afar off. The significance of his language was now more painfully apparent than all were willing to confess.*

* Slade's Vt. State Papers, pp. 178-187.

1

CHAPTER XVIII.

THE DISORDERED CONDITION OF THE SOUTH-EASTERN PORTION OF VERMONT.

Popular impressions-Charles Phelps returns home-Evans-Shattuck-Church, his imprisonment-His sufferings-His release-Timothy Phelps-His attempt to disperse the Superior Court-Is surrounded and surrenders his sword of office-His confinement in the jail at Bennington-Letters written while in prison-Maltreatment-Effects his release-Gov. Clinton's letter to ChurchSocial disorder in Guilford-Vermont Legislature in grand committee-Result of their deliberations-Act of the General Assembly-Seizure of Luke Knowlton-The examination of those engaged in the seizure-Ineffectual attempt to take Francis Prouty-Benjamin Carpenter taken by the Yorkers-IncidentsPetition addressed by the New York party to the Government of VermontGov. Chittenden's reply-More depredations-Stephen R. Bradley's letter to the Guilfordites-Head-quarters of the state troops at Brattleborough-Daniel Ashcraft-Attack on the inn at Brattleborough-Oliver Waters taken-Retaken by Joseph Tucker and his men-Tucker in pursuit of Timothy Phelps— Phelps taken at Hadley and carried off-Foray of the sheriff of Hampshire county, who releases Phelps-Tucker and his party tried and fined-Tucker's complaint.

THE New York party in Vermont, though reduced to a minority, were still unwilling to abandon their cause. Startling reports of negotiations between the Governor and Council of Vermont on the one hand, and the agents of the British ministry in Canada on the other; the flight of Luke Knowlton of Newfane, and Samuel Wells of Brattleborough, on the receipt of information of the passage by Congress, in secret session, of a resolution authorizing their arrest by the Commander-inchief, in consequence of "a dangerous correspondence and intercourse" in which they were said to be engaged "with the enemy;" the constant passing and repassing of messengers; the fact that passports could be obtained from Governor Chittenden which would give the bearer a safe-conduct among the British in Canada-these and other circumstances induced