Early history of Vermont

"^^VC^^^

(I

^

May 1913

'^^^^E NEW YORK

P^^BLIC LIBRARY

^STOR, LENOX ANO

)RY

3r wrinkles or
lout either the

EARLY HISTORY

-OF-

VERMONT.

BY Lafayette wilbur,

OF JERICHO, VT.

History maketh a young man to be old, without either wrinkles or
gray hairs, privileging him with the experience of age, without either the
infirmities or inconveniences ihereot.— Fuller .

JERICHO, VT.

ROSCOE PRINTING HOUSE.

1S99.

Entered according to act of Congress. June ;24th, 1P99, by

Lafayette wilbur,

in the office of the Librarian of Congress at
Washington, D. C.

A day, an hour of virtuous liberty

Is Worth a whole eternity of bondage —A'/ili.<t.ton.

! THE NEW YOftK

I PUBLIC LIBRARY,

ASTOR, LENOX AND
TILO£N FOUNDATIONS.

At agt of 64.

FREFflGL

This volume has been written to give to the
public an accurate account of the early history of
Vermont when it was called New Hampshire
Grants and New Connecticut, and down to the
time that the State was admitted into the Union in
1 791. The writer has not created any fiction for
the book, but facts have been related that are
more interesting and useful than fiction, to Ver-
monters. It may lack the polish that some literary
writers would p-ive it. The most of it has been
prepared for the press during the past year in bits
of time that the writer has been able to snatch
from pressing professional business. The reader
will find accurately stated the action of the hardy
pioneers that resulted in establishing the State
amid the greatest dilficulties in a dense wilder-
ness, beset with dangers from hostile Indians,
and bitter opposition from the people of neigh-
boring territor}^ and the British army.

In drawing conclusions the proper data has
been given, and exact dates given to historical
events and transactions related, the absence of
which is a serious lack with many historians

(3)

4 pri:fack.

Ethan Allen's lite was so prominently con-
nected with the early history of Vermont, that
one chapter has been devc)ted exclusively to his
life. The Boorn Case given in Chapter fifteen
was an earl\' interesting case where innocent
men were tried and convicted of murder and
sentenced to be hung. The Chapter on Jericho
may be of some local interest. The Charter or
Grant of the township from Gov. Benning Went-
worth was similar to those given in granting other
towns by him. The chapters giving a list of the
Members of the Windsor Convention of 1777,
Council of Safety, Governors, Senators, and
Judges of the Supreme Court, and giving the
duration of their official service, will be useful as
a handy reference. 1 have endeavored to o;ive
credit in quoting from other writers, and here ex-
press my acknowledgemuMits to them.

This volume now yiven to the public takes up
the History ot Vermont and the doini^s of her
people, only down to the time when she was ad-
mitted as the -fchirteenth State of the American
Union. A more complete and continued histor}'
must be left for future volumes.

LaFayettk Wilbur.

Jericho, .Jn\\j-Hh. is'JU.

Mistorv is Philosophy teaching by example. — Dionysius.

The greatest glory of a tree born people, is to transmit
that freedom to their children. — Havard.

^^?-^^#l=.^^

.^JK^

w

CONTENTS.

CHAPTER I. (Pagel.)

HOW VERMONT BECAME A STATE, AND ITS EARLY
HISTORY.

CHAPTER 11. (Page 67.)

THE STRUGGLE OF THE NEW HAMPSHIRE
GRANTS TO ESTABLISH A SEPARATE JURISDICTION
BY THE NAME OF VERMONT, AND HER EARLY HIS-
TORY.

CHAPTER HI. (Page 127.)

EARLY HISTORY OF VERMONT — CONTINUED.

CHAPTER IV. (Page 134.)

EARLY HISTORY OF VERMONT — CONTINUED.

CHAPTER V. (Page 145.)

EARLY HISTORY OE VERMONT— CONTINUED.

CHAPTER VI. (Page 162.)

LEGISLATION AND INTERNAL AFFAIRS OF EARLY
VERMONT.

CHAPTER VII. (Page 175.)

THE STRUGGLE OF VERMONT FOR ADMISSION
INTO THE UNION.

CHAPTER Vni. Page 186.)

THE ACTION OF NEW HAMPSHIRE AND NEW
YORK.

CHAPTER IX. (Page 193.)

EARLY HISTORY AND ADMISSION AS A STATE —
CONTINUED.

(7)

8 CONTENTS.

CHAPTER X. (Pa^i^elOG.)

LAND TITLES, BETTERMENT ACTS AND HARD
TIMES.

CHAI'TER XL (Page 204..)

VERMONT ACTS OF SOVEREIGNTY.

CHAPTER XH. (Page 209.)

SETTLEMENT OF THE CONTROVERSY WITH
NEW YORK AND ADMISSION OF VERMONT.

CHAPTER Xni. (Page 227.

A RESUME AND EARLY HISTORY OF VERMONT —
CONCLUDED.

CHAPTER XIV. (Page 240.)

GENERAL ETHAN ALLEN.

CHAPTER XV. (Page 281.)

THE TRIAL OF STEPHEN AND JESSE BOORN FOR
THE ALLEGED MURDER OF RUSSEL COLVIN.

CHAPTER XVI. (Page 295.)

THE TOWN OF JERICHO.

CHAPTER XVII. (Page 330.)

MEMBERS OF THE WINDSOR CONVENTION, COUN-
CIL OF SAFETY', GOVERNORS AND SENATORS.

CHAPTER XVIII. (Page 236.)

LIST OF JUDGES OF THE SUPREME COURT FROM
THE Y'EAR 1778 TO THE Y^EAR 1899, AND SHOW-
ING THEIR TERM OF OFFICE.

WIT AND HUMOR. (Page 347.)

ERR/\X/\.

Errors found in printing, so far as they are misleading, are
corrected below.

On page 30 the verses should have been divided into five
parts.

On page 34 in the 6th line from top it should read -'about"
instead of "go out."

The word 'grants," wherever it occurs referring to the
people or territor\ of New Hampshire Grants, should be
•'Grants"

On page 62, bottom line, word "no" should be inserted be-
fore the word ■ -pains."

On page 150, in eighth line from bottom, the word '-set-
ting" should read "sitting."

On page 173, the name "Xeshbe" should read "Neshobe,"
and the name "Mendon" should read '-Minden."

On page 227, the words --this and." in first iine, should
be erased.

On page 304. the name "Brutt's" should read -'Butts."
In the list of Judges for 1879, on page 344, the name of H.
Henrv Powers should follow that of Jonathan Ross.

RERSOININEL.

The Author makes his grateful acknowledge-
ment for quotations taken from the Addresses of
Hon. Lucius E. Chittenden, Pages 82, 230

Hon. John W. Stewart,
Hon. Edward J. Phelps,
Hon. John N. Pomeroy,
Hon. Julius Converse,
Professor Joseph S. Cille\',

Page

225

"

229

t(

279

n

280

1 1

316

A Free State gathered in the Council should
speak by all its citizens, each one claiming as of
birthright a voice to aid his country: None
should be excluded from the privilege, if grown to
man's estate, unless he fail of inlellect or lose his

right through crime.

Ancestors who won their way should shine
in their descendants. — Tapper.

GHflPTER I.

HOW VERMONT BECAME A STATE,
AND ITS EARLY HISTORY.

IT is interesting to study the history of any peo-
ple who are strugghng for existence, or who
are striving to maintain their rights and to assert
their Uberties and estabHsh their independence;
and this must be especialh^ so when that histor3^
relates to one's ancestors and their own land.
How intensely did our feelings and s^mipathies
reach out for the Hungarians under their leader
Kossuth when the\^ were struggling to be free;
but their endeavors and aspirations were not
more noble, and the difficulties that stood in the
wa3' of their freedom and independence were not
greater than seem to environ the Green Mountain
Bo3'S. The hardships and the dangers with' which
the hardy sons of the territory now called Ver-
mont were beset, grew largely out of the claims
that different parties made to her lands, and the
assumed right to govern her people. New Hamp-
shire claimed her from the East, New York
claimed her from the West, and Massachusetts
would take a slice from the Southern border.

The first settlement, within the jurisdiction
now known as Vermont, was made at Fort Dum-
mer, in the present County of Windham, in the
year 1724, under a grant from the Provincial

2 EARLY HISTORY

Government of Massachusetts. A controversy
arose between the Provinces of Massachusetts
and New Hampshire in reference to the line be-
tween the two Provinces. In the year 1740, the
King of England in Council settled the line
between the tw^o jurisdictions, and located it in
running West of Connecticut River, where the
jurisdictional line now is between Massachu-
setts and Vermont, which brought the settle-
ment at Fort Dummer within the jurisdiction of
Xew^ Hampshire. This line betw^een New^ Hamp-
shire and Massachusetts as settled by the King
and Council, was to extend West till it should
meet with His Majesty's other governments.

In the year 1741, Benning Wentworth was
commissioned as Governor of New Hampshire. 1 1
was understood at that time that the jurisdiction
of New Hampshire was established as far West as
Massachusetts, and Massachusetts claimed and
exercised jurisdiction to wnthin twenty miles of
Hudson River. With this, understanding, the
Governor of New Hampshire, on the third day of
January, 1749, made a grant of a township six
miles square, situated tw^enty miles East of Hud-
son River, and called it Bennington. Numerous
applications were made to Gov. Wentworth for
grants in the vicinity of the Province of New
York. Gov. Wentworth not feeling exactly cer-
tain how^ far West the jurisdiction of New Hamp-
shire extended, opened a correspondence with the
Governor of New York, Nov. 17th, 1749, with a
view of ascertaining and settling the Western line
of his jurisdiction; and in that correspondence in-

OF VERMONT. 3

formed him that people were daih' applying for
grants of land, some of which were in the neigh-
borhood of the New York Province, and asking
the Governor of the Province of New York in
what manner these grants will affect the grants
made b\" the New York Governors; also inform-
ing him by the same letter, that the snrvej^or who
had run the line between Massachusetts and New
Hampshire, had declared on oath that in run-
ning that line Westerly it would strike Hudson
River about 80 poles North of where Mohawk's
River comes into Hudson River, which he pre-
sumed is North of the Cit^^ of Albany, and asked
to be informed how -far North of Albany" the gov-
ernment of New Y^ork extends, and how^ many
miles to the East of Hudson River. Governor
Clinton of New York, April 9th, 1750, replied,
"that the Province of New York is bounded East-
ward by Connecticut River, and that letters pa-
tent from King Charles H. to the Duke of Y^ork,
expressly granted all lands from the West side of
Connecticut River to the East side of Delaware
Bay. Governor Went worth, the 25th of April,
1750, said, in his reph^ to that letter, to Gov.
Clinton of New Y'ork, that the subject of his letter
would have been entireh' satisfactory had not the
two charter-governments of Connecticut and
Massachusetts Bay extended their bounds many
miles Westward of Connecticut River, and that
he was advised by His Majesty's Council that
New Hampshire had an equal right to claim as far
West as the charter-governments of Connecticut
and Massachusetts Bav, but disclaimed anv inten-

4 EARLY HISTORY

tion of interferin^tj with his Government, and
asked Gov. Clinton to inform him by what au-
thority Connecticut and Massachusetts govern-
ments claimed so far to the Westward as they
have settled. And on the 6th of June, 1750, Gov.
Clinton informed Governor Wentworth b}^ letter,
that as to Connecticut their claim was founded
upon an agreement with his government, in or
about the year 1684; and afterwards confirmed
b}' King William, and that the line was run and
marked in 1725; and as to Massachusetts, she
got possession at first bA' intrusion and were
allowed to continue the intrusion by the negli-
gence of New York, and complained to Gov. Went-
w^orth for granting the township of Bennington,
and asked him to recall the grant. But Gov.
Wentworth, on the 22nd of June, 1750, wrote
Gov. Clinton that he would represent the whole
matter to the King His Majest}^ and advised him
to do the same, and that he would not enter into
any controversy until his Majesty's pleasure
should be further known, and declined to recall
the grant.

Notwithstanding the claims of New York that
their jurisdiction extended to Connecticut River,
Gov. Wentworth continued to grant townships,
and from Jan. 3d, 1749, till the 4th of Aug., 1763,
granted 129 townships, 11 of which were in the
Count3^ of Chittenden. Hinesburgh was granted
June 21, 1762; Charlotte w^as granted June 24,
1762; Colchester, Bolton, Burlington, Williston,
Huntington (called New Huntington), were
granted June 7th, 1763, and Jericho, Milton,

OF VERMONT. 5

Westford and Underhill, were granted June 8,
1763; St. George and Shelburne were granted
Aug. 18th, 1763; and in 1764, 14,000 acres were
granted to certain officers. To arrest these pro-
ceedings, Colden, Lieut. -Governor of New York,
on the 28th Dec, 1763, issued his proclamation
commanding the Sheriff of the County of Albany
to make return of all names who had taken pos-
session of lands under New Hampshire grants,
and claiming jurisdiction as far East as Connec-
ticut River, by virtue of the grant to the Duke of
York.

On the 13th March, 1764, Governor Went-
worth issued his proclamation assuring the peo-
ple who had taken grants of land from New
Hampshire, that the patent to the Duke of York
Was obsolete, and did not convey or give any cer-
tain boundary to New York, and encouraging his
people not to be intimidated, hindered or ob-
structed in the improvement of the lands granted
them, and to maintain the jurisdiction of His
Majesty's government of New^ Hampshire as far
Westward as to include the lands granted, and
commanding all civil officers to deal with any per-
sons that may presume to interrupt the settlers
on said lands as to law and justice appertains.

New York not willing to rely for their claims to
the land as far East as Connecticut River, on the
grant to the Duke of York, made application to
the Crown for a confirmation of their claim. And
on the 20th day of July, 1764, at the Court of St.
James, the King in Council took the matter of the
application into consideration, ordered and de-

0 EARLY HISTORY

clarcd the Western bank of the Connecticut River,
from where it enters the Province of Massachu-
setts Ba}', as far North as the 4r)th degree of
North Latitude, to be the boundary Hne l^etween
the said two Provinces of New Hampshire and
New York. Although New Hampshire grants
were surprised at this order, they were willing to
submit, as they did not suppose it would affect
the title to their lands, their land titles hav-
ing come from the Crow^n through the grants
made b}- the Governor of New Hampshire. The
Governor of New Hampshire after remonstrating
against the change of jurisdiction, for a while
abandoned the contest, and recommended the set-
tlers to due obedience to the authorities and laws
of the Colony of New York.

Soon, however, a controversy^ arose between
New Hampshire grants and the government of
New York as to the effect and construction ot that
order. The government of New Y'ork contended
that the order had a retrospective operation and
that all the grants made b}' the Governor of New^
Hampshire were void, while the New Hampshire
grants held that the effect of the King's order in
Council was only to operate from the date of
the order, and that the title to their lands,
granted before the date of that order and before
the change of jurisdiction, would remain good.
The government of New Y^ork insisting that their
construction of the order should prevail, extended
their jurisdiction over the New Hampshire grants;
divided their territory into four counties, Albany,
Charlotte, Cumberland, and Gloucester, and es-

OF VERMONT. 7

tablished in each courts of justice, and called upon
the settlers to surrender their grants obtained of
New Hampshire, and purchase again under grants
from New York, and thus payfor their lands twice.
This the Grants refused to do, and New York
proceeded to grant their lands to others, who
brought actions of ejectments in the courts at Al-
ban3', and obtained judgments against the grants;
but the officers of New York, while attempting to
execute those judgments, and deprive the Grants
of their lands, met wnth determined resistance.
Associations among the Grants w^ere formed for
their protection: there was organized an obstinate
resistance to the New Y^ork authorities. A con-
vention at length was called of representatives
from several towns of the West side of the mount-
ain, which appointed Samuel Robinson agent to
represent them at the Court in England, and set
forth to the King and Council their grievances and
obtain a confirmation of their grants from New
Hampshire. He went to London on his mission,
the result of which was, the King in Council on the
24th day of JuW, 1767, commanded the Governor
of New York for the time being, "do not, upon
pain of His Majestj^'s highest displeasure, presume
to make any grant whatsoever covered by the
New Hampshire grants;" but notwithstanding
this order, the Governor of New York continued to
make grants, and continued to bring actions of
ejectments against those who held land under the
grants made by New Hampshire. The courts at
Albany decided not to receive in evidence duly au-
thenticated copies of the royal orders to the Gov-

8 p:arly history

ernor of New Hampshire, giving the Governor of
New Hampsliire, as the\' claimed, the right to
grant the hinds to the defendants, which made the
trial, jug-handle like, all on one side.

Let us look at the surroundings of this people
then called New Hampshire Grants. The govern-
ment of New Hampshire had acquiesced in the or-
der that their jurisdiction should not extend West
of Connecticut River. New York had got an or-
der allowing their jurisdiction to extend to Con-
necticut River, and the New York courts had de-
cided all the cases affecting the title to the land
granted against the New Hampshire Grants. The
Governor of New Hampshire had withdrawn their
authority and protection from the settlers. New
York was a powerful Province, and its people self-
ish and unrelenting. The New Hampshire Grants
were few in number. Any people thus situated,
less hardy, bold and brave than the Green Moun-
tain Bo3'S, would have shrunk from a contest
with the government of New York. The course of
the government of New Y''ork had stung the
Grants to madness, and they \vere driven to the
last resort. A convention of the people assembled
at Bennington and resolved to support their
rights and protect their property against the
usurpation and unjust claims of the Governor and
Council of New York by force. The contest com-
menced. Several of the Grants were indicted as ri-
oters by the New York courts. The officers of
New York sent to arrest the persons indicted,
w^ere chastised with the "twigs" of the wilderness.
A militarv association was formed with Ethan

OF VERMONT. 9

Allen as commander. Committees of safety were
formed in several towns west of the Green Moun-
tains. On the other hand, the sheriff of Albam'
Count3' was directed to raise the Po^se comhatus
to assist in the execution of his office. The Gover-
nor of New York offered a reward of 150 pounds
for the apprehension of Ethan Allen, and 50
pounds for each of five others. And in retaliation,
Ethan Allen and the other five proscribed persons
issued a proclamation offering five pounds for the
apprehension and delivery to any officer of the
Green Mountain Boys, the Attome3^ General of
the Colony of New York. On the 19th of May,
1772, Gov. Tryon of New York addressed a letter
to Rev. Mr. Dewe3^ and the inhabitants of Benning-
ton and the adjacent country, telling them he had
heard of their violent and illegal acts which could
not fail of being highh^ offensive to their Sover-
eign, and that if they persevered in their disobedi-
ence it would bring against them the exertions of
the powers of government, but claimed he was
willing to examine into the grounds of their com-
plaints, and asked them to lay before him and His
Majest^^'s Council the cause of their behavior and
discontent, and promised to give relief, and prom-
ised protection to any one they sav/ fit to send to
represent them, except Robert Cochran, Ethan
Allen, Remember Baker, Seth Warner, and a Mr.
Sevil, persons for w^hose apprehension he had of-
fered rewards; and closed his letter b^^ saying
*'they might not be deceived by a persuasion that
part of the country that you inhabit w411 ever
be annexed to the government of New Hamp-

10 F^AKLY HISTORY

shire." Rev. Dewey answered, in short, sta ting-
some of the eanses of discontent, setting forth
that, "the}' held the fee of the land that the}' had
settled on by virtue of grants from the King of
England nnd was reputed to be within the Prov-
ince of New Hampshire, and that b\' some means
they had got the jurisdictional hne changed; and
that grants of land had been made by New York
government covering the same lands granted by
New Hampshire, and that repeated efforts were
made b^' writs of ejectment to dispossess the set-
tlers, who had titles under grants from New Hamp-
shire, and who had been deprived of the right to
show their defense by the courts of New York ;
the}', the Y^orkers, had violently broken open the
settlers' houses to get possession, and to arrest
the settlers; and had fired upon and injured inno-
cent women and children ; and closed bv supplicat-
ing the Governor to assist in quieting his people in
the possession of their lands, till the controversy
should be settled by the King.

At the same date, Ethan Allen, Warner, Baker,
and Cochran addressed a long communication to
Governor Tryon, in which the}' stated that "no
tyrannical exertions of the powers of government
can deter us from asserting and vindicating our
undoubted right and privileges as Englishmen,"
and informed him, "that since their misfortune of
being annexed to the Province of New Y''ork, the
law has been rather used as a tool (than a rule of
equity) to cheat them out of their country that
the\' had made valuable by labor and expense."
"And if they did not oppose the New Y'ork sheriff

OF VERMONT. 11

and posse, they would take immediate posses-
sion of their houses and farms; and if the^^ did
oppose them the3' were indicted as rioters, and all
assistin;^, are indicted as rioters so long as they
act the bold and manh' part and stand by their
liberties." The3' told the Governor it had come to
this, at least, that "we must tamely be dispos-
sessed of our rights and jDroperty or oppose of-
ficers in taking possession ; and as a necessar\^
step, oppose taking rioters, so called, or run away
like so many cowards, and quit our countr\^ to a
number of cringing, polite gentlemen who have
ideallv possessed themselves of it already;" and in-
formed the Governor that changing the jurisdic-
tion from New Hampshire to New York did not
and could not deprive them of their lands and prop-
erty; and moreover, the King in Council had or-
dered the government of New York not to disturb
the settlers till they had decided the whole con-
trovers3', and therefore it was the Yorkers that
were rioters and land robbers ; and that ever3' act
the}' had done to compass their doings, though
tmder the pretense of law, was violation of law
and an insult on the Constitution, and authority-
of the Crown, as well as to us; and informed him,
if he did not knov^ before, that "Right and wrong
are eternalh^ the same, to all periods of time,
places and nations ; " the taking aw^ay their rights
under the specious pretense of law, only adds to
the criminality^ of it. The\' closed their letter by
assuring the Governor that their acts were not
against his government, but looked upon him as
their political father, but it was oppression that

12 EARLY HISTORY

was the ground of their discontent, and en-
treated the Governor to aid in quieting the set-
tlers in their possessions, and if he should do this
there would be an end to riots, so called, and their
tongues would express their gratitude for such
protection. While negotiations were pending,
the Green Mountain Boys dispossessed certain
settlers, on Otter Creek, who claimed lands under
New York, by reason of which Governor Tryon ad-
dressed a highly seasoned letter to the inhabitants
of Bennington, the 11th of August, 1772, charg-
ing them with breach of faith and honor; on the
25th of August, 1772, the people of the grants re-
plied and stated to the Governor that the dispos-
sessing certain persons from certain lands and a
saw^-raill on Otter Creek, w^as but a repossession of
property previoush^ taken from the New Hamp-
shire Grants by the Yorkers.

This controversy continued to engage the at-
tention of the British Cabinet, and on Dec. 3d,
1772, they seemed to have declared that grants
made under New Hampshire ought to beconfirmed
and the settlers hold title to their lands under their
original grants, though their lands were wdthin
the Province of New York.

We have come now to an interesting period of
our early history, when the New Hampshire
Grants were to declare themselves independent of
New York. New Hampshire had withdrawn their
claim from all territory west of Connecticut River
and consequently all protection to its people. The
mass of settlers on the New Hampshire grants
consisted of a brave, hardy race of men. Their

OF VERMONT. 13

minds had been aroused to the exercise of their
hiohest energies in a controversy involving every-
thing that was dear to them, property, Hberty,
and life. Foremost among the Grants stood Eth-
an Allen. He was bold, ardent, and unyielding,
and was peculiarly fitted to become their leader.
During the progress of this controversy, several
pamphlets were written b\' him well suited to stir
up public feeling against the injustice of the New
York claims. At this period, the people in what
are now the Counties of Bennington and Rutland,
called a convention by committees from the sev-
eral towns. This body declared among other
things, that no persons should take grants, or
confirmation of grants, under the government of
New York, and they forbade all inhabitants in the
district of New Hampshire grants, to hold, take,
or accept any ofl[ice of honor or profit under the"
Colon3^ of New York, and all oflicers, either civil or
militar}', who had acted under the authority of
New York, wet e required to suspend their functions
on pain of being viewed. The word "viewed" had
a peculiar signification. These decrees were fre-
quenth^ enforced by the application of the "beech
seal." At this day we might feel inclined to cen-
sure the Green Mountain Boys for the severitv of
the punishment the^^ were called upon to inflict,
but we must remember there was no choice left
them. It was an entire surrender of their farms,
or a determined resistance by force. Necessity and
lorce drove them to resistance. Benjamin Hough,
who accepted and ofliciated as a justice of the
peace under the authorit\^ of New York, was

14" HAKLV IllSIOKV

brought before the Committee of Safety, composed
ot Green Mountain Boys, for trial. In his defense
he claimed and plead he was actin^Li: under the au-
thority of New York, but it was replied that a
convention of Grants decreed and forbade all per-
sons holdini^: any office, civil or military, under
New York. He was adjudged guilty and sen-
tenced, "that he be taken from the bar of the Com-
mittee of Safety, tied to a tree, and there on his
naked back receive 200 stripes; his back being
dressed, he should depart out of the district, and
on return, without special leave of the convention,
to suffer death. New York regarded this conduct
as treasonable, and proceeded to legislate against
the Grants in the most despotic manner. These
persons thus interviewed, and others, made com-
plaints to the New York government, and claimed
its protection. A New York committee passed re-
solves Feb. 25th, ITT-i, declaring that many acts
ofoutrage and cruelty had been perpetrated bylaw-
less persons, calling themselves the Bennington mob,
and have seized, insulted and terrified magistrates
and other civil officers so that they dare not exer-
cise their functions; have rescued prisoners for debt,
assumed to themselves militarycommands, and ju-
dicial power, burned and demolished houses and
property, beat and abused the persons of his Maj-
est3^'s subjects," and many other acts. And the}- re-
solved the^^ would not countenance such conduct,
and prayed their Governor to issue a proclama-
tion, offering a reward of 50 pounds for the ap-
prehending the leaders of the Green Mountain
Boys, among whom were Ethan Allen, Seth War-

OF VEKMONT. 15

ner and Remember Baker, and committing them to
the jail at Albany; and recommended that a law
be passed to suppress such proceedings, and "to
maintain the free course of justice, and for bring-
ing the offenders to coiidign punishment. This act
did not seem to intimidate the Grants against
whom such action was taken, for at a meeting
held in Manchester, in March, 1774, they declared
in substance, that the New York Committee had
passed over in silence the great bone of discontent,
the Green Mountain Boys' right and title to the
lands granted them by New Hampshire, and how
the Yorkers had attempted, through the New York
courts and other means, to deprive them of their
land and their improvements thereon, and de-
clared "we are determined to maintain those
grants against all opposition, until His Majesty's
Royal pleasure shall be known in the premises."

On the 9th of March, 1774, the General Assem-
bly of New York enacted, among other things,
that if an}^ number of persons, to the number of
three, being unlawfully; riotously and tumultu-
ously assembled in the Counties of Albany and
Charlotte, do not disperse at the command of a jus-
tice of the peace or sheriff, they should, on convic-
tion, suffer twelve months' imprisonment, with-
out bail, and such other imprisonment as the
court should see fit to' impose, not extending to
life or limb; and that if any person should know-
ingly hinder such justice or sheriff in making proc-
lamation to disperse, should, on proof, be ad-
judged a felon and suffer death without the bene-
fit of the clerg^^ And if any person should in said

16 KARLV HISTOKV

counties assume judicial powers as judge or jus-
tice, and should try, fine, sentence or condemn, un-
less havinij^ authority under the Province of New
York, or should seize, detain or assault and beat
an\' civil officer in the exercise of his office in order
to compel liim to resign, or should terrify, hinder or
prevent him from exercising his authority under
New York, he should be adjudged a felon and suffer
death without benefit of clergy. And that special
provision were made for bringing the ringleaders
of the Green Mountain Boys to trial and punish-
ment, that the}; might be committed to the
prison at New York City or Albany, without the
right of bail ; and that they should voluntarily
surrender themselves for commitment and trial;
and if they fail to do so, should suffer death with-
out trial ; and if any person receive, harbor or suc-
cor, any such person, knowing they had bien re-
quired to surrender themselves, the}' should suffer
imprisonment: and if any person committed any of
the offences specified they might betaken to Albany
for trial. So you see that the provisions were of
the most sweeping character, intended to awe the
people into abject submission and to crush out the
spirit of liberty and independence. With the pas-
sage of this law^ terminated every prospect of
peace or to the submission to the claims of New
York. The Grants regarded it as originating sole-
ly in the avarice of a set of speculators who cov-
eted their lands and their valuable improvements
thereon. The great bod}' of the people ot New
York did not sympathize with those acts or the
course of the New York authorities. The threaten-

OF VERMONT. 17

ings of the New York government were regarded
with utter eontempt by the Green Mountain Boys;
the\' had been educated in the school of adversity
and inured to hardship and danger, and they met
the shock with a firm, unbroken spirit. The spirit
and determination of the people calling themseU^es
the New Hampshire Grants, were clearly set fqrth
in a remonstrance issued 133- Ethan Allen and oth-
ers the 26th da3^ of April, 1774, against the enact-
ment of such cruel laws and against the course of
the New York authorities. After setting forth, in
substance, that the object of those laws was greed,
declared that they were conscious that their cause
was good and equitable in the sight of God and all
unprejudiced and honest men, that the spring and
the moving cause of their opposition to the gov-
erninent of New Y'^ork, was self preservation, and
to preserve and maintain their property and de-
fend their lives. The}^ told the Y^orkers in that re-
monstrance "that the}^ had gained as well as mer-
ited the disapprobation and abhorrence of their
neighbors ; that the innocent blood the^^ had al-
ready shed, called for Heaven's vengeance on their
guilty heads; and said, "that if the^^ should come
forthwith against us, thousands of their injured
and dissatisfied neighbors, in the several govern-
ments, will join with us, to cut off and extirpate
such an execrable race from the face of the earth."
They described to the Yorkers the character of
their laws in this remarkable statement, viz.,: "If
we oppose civil officers, in taking possession of
our farms, we are, by those laws, denominated fel-
ons; if we defend our neighbors who have been in-

IS HAKLV mSTOHY

dieted as rioters onl\' for defendinL^ our ])roperty,
\vc are likewise adjudged felon. In fine, every op-
position to their monarehial government is deemed
felony, and at the end ot every sueh sentence, there
is the word death." But the Green Mountain
Bo\'s said, "there was one matter of consolation
for jas, viz., that printed sentences of death will
not kill us when we are at a distance, and if the
executioners approach us, they will be as likely to
fall victims to death as we." And in the same
document, addressed themselves to the people of
the Counties of Albany and Charlotte, as Gentle-
men, Friends and Neighbors, and after stating to
them that they cannot but be sensible that the ti-
tle to their lands is in reality the bone of conten-
tion, and that they were industrious and honestly
disposed, paid their debts, and were friends of
good order, they warned all officers who might
be induced to apprehend any of their people
under the so-called laws of New York, that they
were "resolved to inflict immediate death on
whomsoever may attempt the same; and that
they would kill and destro\^ an^" person or persons
whomsoever, that should presume to be acces-
sory, aiding or assisting in taking any of them.
They declared that all such "officers or persons
had license under the laws of New York to kill us,
and an indemnification for such murder from the
same authority, yet, they have no such indemnifi-
cation from the Green Mountain Boys. "

The New Hampshire Grants known as the Green
Mountain Boys were fully persuaded that the law^s
referred to, directed against their property, liber-

OF VERMONT.

19

tv and lives, were not only oppressive and cruel,
but unconstitutional and void, and asked in their
address, "can the public censure us for exerting
ourselves nervously to preserve our lives in so crit-
ical a situation? For in the Provinces of New
York into which we are unfortunately fallen, we
cannot be protected in either property or life, ex-
cept we give up the former to secure the latter; so
we are resolved to maintain both, or to hazard
or lose both." This address bears date the 26th
April, 1774., and attached to it were the following
lines composed by Thomas Rowlev, to wit :—

When Ciusar reigned King of Rome
St. Paul was sent to hear his doom ;
But Roman laws in a criminal case,
Must have the accusor face to face,
Or Ca.'sar gives a flat denial —
But here is a law now made of late.
Which destines men to awful fate.
And hangs and damns without a trial;
Which made men view all nature through ^
To find a law where men were tried
By legal act which doth exact
Men's lives before they're tried.
Then down I took the sacred Book.
And turned the pages o'er,

But could not find one of this kind.

By God or man before."

At this stage of the controversy^ while the mat-
ters between the New^ Hampshire Grants and New
York had advanced near to a general w^ar, the
contest between Great Britain and her American
Colonies had reached an alarming crisis. Meas-
ures had been taken for convenino^ a Continental

20 HAKLV HISTORY

Congress, which was held at Philadelphia on the
5th of Sept., ITT^.

The meetinp^ of this congress was followed by a
general suspension of the ro\'al authorities in the
Colonies, and man}- of the courts of justice were
shut up or adjourned without doing business. In
the New Hampshire Grants at this time there were
three parties. There was the Tory part\' that
were loyal to Great Britain and did not sympa-
thize with the action of the Continental Congress
which was looking to a final separation from the
British government; there was a party that was
loyal to New York, and who were doing what
they could to cause the New Hampshire Grants to
submit to the laws of New York ; and the third
and the most powerful party that had determined
to resist the authority of New York at all haz-
ards. The latter party also sympathized with the
action and purpose of the Continental Congress.
It is difficult to sa\' what would have been the
result of the controversy between the Green Moun-
tain Boys and New York, had not the controvers3^
been arrested by the commencement of the rev-
olutionary war. That war called forth all the
energies of the united Colonies. Although New
York did not entirely forget the Green Mountain
Boys, still the NATIONAL contest demanded and
received their greatest attention. The Green
Mountain Boys profited by this change in affairs.
There was opposition in the County of Cumber-
land to the court being convened and held at
Westminster under the royal authority and the
Province of New York, but those in authority

OF VERMONT. 21

whose feelings were enlisted in favor of New York,
as against the New Hampshire grants, and who
were supporters of the ro\'al authority of Great
Britain, persisted in forcing their way into the
court house, being armed with guns, shot one
man, William French, and wounded others. This
massacre, as it was called, so aroused the peo-
ple of Cumberland Count}' and the people of New
Hampshire, that two hundred armed men from
New Hampshire came over to the assistance of
the people, and they, with the others from the
Grants, arrested and confined those of the royal
part}' that were concerned in the massacre, and
the leaders were sent under strong guard to jail at
North Hampton. This transaction served to
arouse the people on the east side of the Green
Mountains against New York.

Previous to this, the opposition to the claims
of New York had been confined, principally, to
the inhabitants on the western side of the moun-
tains. Indeed some of those on the eastern side
of the mountains had surrendered their charters
to their lands received from New Hampshire, and
taken new grants under the authority of New
York, and stood unconcerned spectators of the
controvers}^ in which the settlers on the western
side of the mountain were so deeply involved.
Twenty towns east of the mountain had been
granted under New York. But their people were
fired with a commendable zeal in favor of the
course taken by the Continental Congress. This
fact, and the massacre of the 13th of March, 1775,
at Westminster, referred to above, stirred the

J J KAKLY HISTOKV

people throughout the County of Cumberland,
and gave new impulse to the opposition to New
York, in that ]Dart of the country. And at a
meeting of the inhabitants in that quarter held
at Westminster on the 11th of April, 1775, the
opposition to New York took a more definite
shape. At that meeting it was voted, "That it is
the dut\" of said inhabitants, as predicated on the
eternal and immutable law of self-preservation,
to wholly renounce and resist the administration
of the government of New Y'ork, until such time
as the lives and property of those inhabitants
may be secured b^^ it, or till the\^ could lay their
grievances before His Majesty's Council, with a
petition to be taken out of so oppressive a juris-
diction, and either annexed to some other gov-
ernment or erected or incorporated into a NEW
ONE."

The conflict with Great Britain overshadowed
ever^' cause or dut^-, and seemingly the New Y'ork
controversy came to a standstill. But the New
Hampshire Grants did not fail to profit from this
state of things, and never, for a moment, lost
sight of the object for which they had so long
contended; "they improved the delay in the cul-
tivation of a more perfect Union, and in better
organization, and the\' settled down into a more
deliberate, but not less decided, hostility to the
claims of New Y'oik. On the 9th daj' of Ma)'.
1775, Ethan Allen, with his valiant band of
Green Mountain Bo3'S, surprised and captured the
Fort of Ticonderoga — demanded its surrender
"in the name of the Great Jehovah and the Con-

OF VERMONT. 23

tinental Congress." This signal exploit brought
the Green Mountain Bo^-s into prominence and
gave them influence in the country, and they were
treated with more consideration ; and the inhabit-
ants on the grants began to feel their importance,
but w^ere determined to have no immediate con-
nection with New York, even in the common
defense. On the 17th day of January-, 1776, the
Grants sent a petition to Hon. John Hancock,
the President of the Continental Congress, then
assembled at Philadelphia, setting forth therein in
substance, their controversy with New York, and
asking that their controversy' might laj" dormant
till the contest with Great Britain should end;
and asked that the^^ might do militar3^ duty in
the Continental service as inhabitants of New
Hampshire grants, and not as inhabitants of the
Province of New York, and that commissions be
granted accordingh'. But Congress recommended
that they, for the present, submit to the govern-
ment of New York, and gave them the encouraging
assurance that "the submission ought not to
prejudice their right to the land in controvers3%"
and when their present troubles were at an end the
final determination of their rights ma3' be mutually
referred to proper judges. Up to this time the
Grants had not enjoyed the benefit of a regular
organization as a Colony', and had no bond of
union, save a common interest to resist the claims
of New York. And thus matters stood on the
4th day of July, 1776, w^hen the American De-
claration of Independence was published to the
world. The American Colonies had declared

24 KARLY HISTORY

themselves independent of Great Britain, so that
in theory, at least, she had no authority to settle
the dispute with New York. Congress, then in
its infancy, and with its uncertain rii^ht and
power, had no disposition to interfere. There
existed no earthly power, recognized as superior,
having the right to decide the controvers}-. This
state of things suggested to the settlers the expe-
diency of declaring themselves independent. There-
fore measures were taken to call a convention of
the people. Delegates were appointed in different
towns, who met at Dorset on the 24th of July,
1776. There were 58 delegates coming, from
26 towns from the west side of the mountain,
and from eight towns from the east side of
the mountain. At an adjourned meeting of this
convention, held on the 25th of Sept., 1776, it
was resolved, "to take suitable measures, as soon
as may be, to declare the New Hampshire Grants
a free and separate district. And also declared
their attachment to the common cause against
Great Britain. And the convention on the 15th
of Jan., 1777, declared the New Hampshire Grants
a free and an independent State. It was voted at
that convention to ascertain how- many were for
a new State. The committee reported that "We
find by examination that more than three-fourths
of the people in Cumberland and Gloucester Coun-
ties, that have acted, are for a new State; the
rest we view as neuters."

A committee of that convention reported,
and the convention adopted, among other things,
a declaration that they "do proclaim and pub-

OF VERMONT. 25

licly declare that the district of territory, com-
prehending and usually known by the name and
description of New Hampshire Grants, of right
ought to be, and is hereby declared hereafter, to be
called, known and distinguished by the name of
New Connecticut, alias Vermont." While these
events were transpiring, the Green Mountain Boys
held themselvs ready to meet any calls that w^ere
made upon them to sustain the common cause
against Great Britain, and to repel any attempt
that New York should make to encroach upon her
domain. On the 6th of Jan., 1776, Gen. Worces-
ter, commanding the Colonial troops in Canada,
called for help from the Green Mountain Boys,
till the regular forces could be sent him. They
responded at once. Warner and his men were in
Canada in a very short time. Their promptness
and alacrity elicited the notice and approval of
both Gen. Washington and Schuyler. At first the
different towns were like separate and independent
governments. , Those towns that were granted
under New Hampshire, had by their respective
charters, the right of self government in March
meeting, by the election of town officers and
ordering town affairs. And, as has been inti-
mated. New York repudiated these charters and
any action taken by the people under them. It was
for the mutual protection of the people of these
different organizations, and to maintain their com-
mon rights against New York, that led the differ-
ent towns to act in concert. It was a matter of
necessity. They learned to act on the old maxim,
"that in union there is strength." These people

26 EARLY HISTORY

were hardy, brave, and true to each other. These
several towns ajjpointed Committees of Safety;
and these Committees met in convention as occa-
sion required, to consult and adopt measures for
their common protection. Then as the exigencies
of the people demanded, and especially to prepare
to bear their part in the war of the Revolution,
there was a call made for a GENERAL CONVEN-
TION, the proceedings of one of which have al-
ready been alluded to. The first regular organized
regiment was voted at a meeting held at the Inn
of Cephas Kent in Dorset, July 26th, 1775, on the
west side of the mountain. At that meeting the}'
proceeded to choose officers of the regiment, ac-
cording to the wishes of the Provincial Congress
and the directions of Gen. Schuyler. Ethan Allen
and Seth Warner were candidates for the office of
Lieut.- Colonel. Allen was defeated, and greatly
mortified by his defeat. He charged his defeat to
the old farmers, who, he said, "did not incline to
go to war."

The 7th Company- of the regiment was raised, in
part, from the towns near Onion River. Perley
Sunderland was made Captain of one of the Com-
panies, and it was said of him, "he was a mighty
hunter of both beasts and Tories." When the Col-
onies declared themselves independent of Great
Britain, there was' quite a sprinkling that adhered
to the government of their mother country ^re-
mained lo\'al to her. Such persons were called To-
ries. The property of many Tories was confiscated
and used to pay the expenses of the war. Many
of such persons joined the British. On the 26th day

OF VERMONT. 27

of Feb. ,1779, this State passed an act, that if any
such persons should return and should be f >und
guilty, the}' should "be ordered to be whipped on
the naked back, not more than forty, nor less than
twenty stripes which shall be inflicted. And the
delinquent shall be ordered to quit the State im-
mediately ;" and it such return without leave from
the Governor's Council and General Assembly, and
be found guilty, he should be put to death ; and if
any one should harbor such person, he should
pay a fine of 500 pounds. Col. and Daniel
Marsh fled to Canada at the time that Gen. Bur-
go^-ne swept along the western border of the
State, and was reported to be marching to the
valle\' of the Connecticut. They afterwards re-
turned, and were allowed to remain. Daniel
Marsh, in 1784 to 1789, represented his town,
Clarendon, in the General Assembly. In 1778,
James Rogers of Londonderry joined the King's
troops, and his property' w^as confiscated ; and in
1797, his son petitioned the General Assembly for
the restoration of his property, and all that re-
mained unsold was restored to him. •

The people were determined to root out Torey-
ism, and various measures were passed b\' General
Convention looking to that end. The General
Convention held on the 25th of Sept., 1776, at
Dorset, "voted to erect a jail in the town of Man-
chester, 20 ft. by 30 inside; said jail to be built of
logs and earth ; and for the confinement of Tories
and other offenders that may be adjudged to be
confined." At this meeting twelve persons were
chosen to be a committee to attend the next meet-

28 KAKI.Y HISTORY

ing of the Convention. The office of this commit-
tee was to act advisory and prepare business for
the Convention. This was the commencement of
the body afterwards called the Council. And af-
ter that, the delegates that were chosen to the
Convention, was called the House.

Separate from these bodies was a Committee of
Safety, the origin of the Council of Safety. The
original number composing that body, and just
the manner of the election or appointment at first,
is involved in some doubt, but enough is known ol
it to show it was an extraordinary body with ex-
traordinary powers. It exercised a combination
of legislative, judicial, and executive powers. The
government administered by it was, in principle,
nothing short of absolute despotism. It is stated
in the 1st volume of Governor and Council, that
the Council of Safety was appointed July 8th,
1777, as a temporary substitute for a State gov-
ernment in time of war. In power it was limited
onh' by the exigencies of the times. Its acts and
orders had the force of laws, and it was the execu-
tors of them ; it exercised judicial powers; it served
as a board of war ; it punished public enemies or
reprimanded them ; it transacted business, civil
and military, with other States and with Con-
gress ; it prepared business for the General Assem-
bly— in short it was the State. Its President, Vice-
President, and Secretary were its executive officers,
and performed what the Governor, Lieutenant-
Governor and Secretary did, after the organiza-
tion of the State government. The officers of the
first Council, in 1777, were Thomas Chittenden,

OF VERMONT. 29

President; Jonas Fay, Vice-President; andiira Al-
len, Secretary.

An allusion to the Allen family' will not be out
of place here. It was the most remarkable family
that ever inhabited Vermont. From Samuel Allen
of Chelmsford descended Joseph Allen, the father
of six sons; to wit, — Ethan, Heman, Heber, Levi,
Zimri, and Ira. Aliens, Bakers, and Warners-were
related either by affinity or consanguinity, and
thus the most distinguished of the early heroes
and statesmen of Vermont were closely allied, and
were a great power for many years. It was said
of Ethan Allen that he was not a devoted Chris-
tian, but there was evidence that he believed in a
God. The monumental inscription for his wife,
Mary Brownson, was composed and run as fol-
lows:—

• '< • ',- ■

•'Farewell, my friends, this fleeting world adieu. | '^

My residence is no longer with jou.

My children I commend to heaven's care,

And humbly raise my hopes above despair;

And conscious of a virtuous transient strife,

Anticipate the joys of the next life;

Yet such celestial and ecstatic bliss — ■ ....

Is but in part conferred on this.

Confiding in the powers of God most high.

His wisdom and goodness, and infinity, .. .

Displayd, securely I resign my breath

To the cold, unrelenting stroke of death;

Trusting that God who gave me life before,

Will still preserve me in a state much more i

Exalted mentally, beyond decay, "., ;

In the blest regions of eternal day."

Levi Allen resided in the State but a short time.
He left the State, became a Tory, and continued

30 EARLY HISTORY

to be one to the end of the Revolutionar}^ war.
He was a man of ability, but eccentric and un-
stable, and was said to be as the '*rolHng stone
that gathers no moss." Somewhat of an ill feel-
ing grew up between him and his brothers Ethan
and Ira. While smarting under the loss of his
propert3', which he attributed to Ira, he wrote
the five following verses. The first represents
Ethan speaking; the 2nd, Ira ; the 3d, Levi; the
4th, Ethan and Ira; and the 5th, Levi — to wit: —

Old Ethan once said over a full bowl of grog,
Though 1 believe not Jesus, 1 hold to a God;
Tiiere i> aiso a Devil — vou will see him one dav
]n a whiilwind of fire to take Levi away.

Says ira to Ethan, it plain doth appear
That you are inclined to banter and jeer —
1 think for myself and freely declare
Uur Le\ i "s tc»o stout for the prince of the air;

If ever \ou see them engaged in afi'ray,

'Tis our Levi who'll take the Devil away.

Savs l,ev , your speeches make it perfectly clear

'1 hat \(»i. both seem to banter and jeer;

TlK)ujh through all the world my name stands enrolled

For trie s sly arid crafty, ingenious and bold.
Th re i^ one consolation which none can deny,
Tint iher • is one greater rogue in this world than I.
Who's I. •t.'* they both cry with equal surprise.
'Tis hri ! 'tis Ira! yield him the prize."

Ira Allen was 21 years of age when he came to
Vermont. He became distinguished both in civil
and militniy service. He arose to the position of
Major < eneral of militia. He w^as busy with his
])en in d -k'nding the interestsof the State, assisting
Gov. Chi tenden in his. correspondence, preparing

OF VERMONT. 31

documents for the Convention, and in conducting
the diplomatic correspondence with the enemy
hereafter referred to. He was a member of the
Council of Safty and of the board of war, member
of the legislature two years, and of the Governor's
Council nine years. State treasurer nine years,
and a leading man in conducting the affairs of the
State till she was admitted into the Union.
Hon. E. P. Walton, remarking upon him and
Ethan Allen, said in his 1st volume of the "Gov-
ernor and Council," ''That the State of Vermont
has just provided munificenth^ for a statue of Eth-
an Allen to stand in the old Representative Hall
of Congress till it shall crumble by the breath of
time, a mute but an eloquent witness of the brav-
ery and patriotism of her sons; but the record of
the service of Ira Allen in her struggle and history
— of his skill, as statesman and diplomatist — of
his grand designs for the promotion of her learn-
ing and the development of the material resources
of the State, will forever stand, a monument more
brilliant than brass and more lasting than
marble."

It would be interesting to follow the career oi
the prominent men intimately connected with the
early history of Vermont, and especially that of
Gov. Chittenden, who was Governor from March,
1778, till Aug. 25, 1797, except one year. The
territory known as the New Hampshire Grants
took on the name, and was called, down to the
4th of June, 1777, New Connecticut, but was
changed at that date to Vermont, in accordance
with a suggestion of a Dr. Young of Penns^d-

32 EARLY HISTORY

vania. B3' order of the Convention, held on the
4th of June, 1777, the Committees of Safety in the
Counties of Cumberland and Gloucester were for-
bidden acting under any authorit3^ derived from
New York. Many persons who continued to act
in the interests of New York were summarily dealt
with.

The first record of the doings of the Council of
Safety, appointed under the Constitution, that
have been preserved, were the records of its pro-
ceedings the da\^ before the battle of Bennington,
and is as follows: "Bennington, in Council of
Safety, Aug. 15, 1777. Sir, You are hereby desired
to forward to this place, by express, all the lead
you can possibly collect in your vicinity, as it is
expected, every minute, an action will commence
between our troops and the enemy, within 4 or 5
miles of this place — and the lead will be positively
wanted. — By order of the Council, Paul Spooner,
D. Sec'y."

The orders of the Council of Safety were of the
most peremptory kind, and some of them were not
a little amusing. One to Capt. John Fassette w^as
this: "You are requested to take a potash kettle,
for the Hessian troops to cook in, — give your
receipt for the same and bring the same to the
meeting house in this place (Bennington)." Some
of their orders were humane in their nature, as
appears from one dated Aug. 27, 1777, which
says "that the Council had received information
that our scouts had taken all the stock of every
kind, from Auger Hawley's wife, of Rupert, and
she made application to him for a cow, as her

OF VERMONT. 33

children were in a sufferin^^ condition. These are
therefore, to require 3'ou to let her have one cow,
for the time being, out of the first cows 3^ou take
from any disaffected person. By order of Council,
Ira Allen, Sec '3^" One order was to Mr. Harris,
directing him to employ some one to harvest Mr.
Brackenridge's wheat and put the same into his
barn ; to pa\^ the expenses out ot the wheat, and
what is not wanted for the use of the family, you
will keep until further orders from this Council.

The Council did not hesitate to order the taking
of anybody's private property for the public serv-
ice. On the 27th of Aug., 1777, they ordered
four horses to be taken belonging to John Mun-
roe, Esq., and convey them to the Council ; but on
the same day gave Mrs. Munroe the following
permission: ''By sending to Bennington to-mor-
row^, you can have one of your riding horses to
use, until we send for him." The Council did not
seem to spare the Tories or their property', as
it appears from the following order of the Council
of Safety, to wit: ''Aug. 28, 1777. To David Fas-
set te — Sir, You wnll proceed to Mr. James Brack-
enridge's, and if you find any stock or other effects,
which you have reason to expect belongs to any
enemical person within this State, you w^ill seize
the same and cause it to be brought to this Coun-
cil." Benjamin Fassette, on Aug. 29, 1777, was
ordered to "proceed to Pownal and bring from
some of the Tories, that are gone to the enemy,
or otherwise proved themselves to be enemy to
their country, a load of sauce for the use of
wounded prisoners here." One Tor^^ was permit-

34 EAKLV HISTORY

ted to return home "and renuiin on his father's
home farm (and if found off, to expect 39 lashes
of the beech seal)."

The Tories were closel}' watched in all their
movements, and were required to obtain passes
['mJ from the Council to go -€iS¥~oT the State, as the
following show. One was permitted to go to
Arlington to see his wife as she was sick, and tore-
turn again in 36 hours. One was permitted to pass
the guards from Bennington to Manchester, and
remain on his farm, during his good behavior
or the pleasure of the Council. One was allowed
to go to his farm in Manchester, there to remain
unmolested, "he behaving as becometh a friend to
his country, as he has taken the oath of allegiance
to the States of America."

An3'body's property was used or ])ressed into
the service if the public needs demanded it. One
order to Captain Nathan Smith was "to march
with the men under his command to Pavvlet, on
horse back, where you will apph' to Colonel
Simonds for a horse load of flour to each man
and horse, who will furnish sufficient for that
purpose." One order was to Capt. John Simonds,
giving him power to "let or lease the estate, both
real and personal, of a certain Colonel late of
Kent, now with the King's troops; and all real
estate, except so much as humanity' requires for
the comfortable support of the family left Ijehind,
you will sell at public vendue, and return the
money raised on such sale, after the cost is paid,
to the treasurer of this State. You will return to
this Council an account of all the estate, both

OF VERMONT. 35

real and personal, that you shall seize." The
property of loyal people was, of course, returned
to them when the necessity for its use had passed.
One certificate from the Secretary of the Council
was as follows: "This may certif3^ that we,
pursuant to Gen. Gates' orders, employed Mr.
Moses Cleaveland to ride post from this to
Sheffield, and to impress fresh horses when he
should find it necessary-." One certificate from
the Council as to a certain Tory was, "That it was
their opinion that he return to his farm in Castle-
ton, whenever he shall procure a certificate from
under the hands of his several neighbors in that
vicinity, that the3' are severally satisfied to re-
ceive him into their friendship."

Whenever an}' were ready to return and
remain lo3'al to the State, mercv and pardon
was extended to them. On Nov. 16, 1777, the
Council "recommended to the respective Com-
mittees of Safet\' in this State, to be ever mindful
of the worthv and laudable example set bv His
Excellencv Gen. Washington, and the good people,
inhabitants of New Jersey — always bear in mind
to consider the weak capacities of many who
have been affrightened into submission to Gen.
Burgoyne, after which, seeing their error, confess
their faults, and are willing to defend their count-
r^^'s cause at the risk of life and fortune.

Many acts of favor were extended to the
women. One order was, "Mary Reynolds is per-
mitted to send for her gra^' horse, and keep him
in her possession until further orders from this
Council." Andrew Hawley was permitted to

36 KAKLY HISTORY

take his gun, first obtaining liberty of the Com-
niitte of Safety, and return it to the Committee
within six weeks from the date of the order.
Capt. John Fassette was commissioned to se-
quester Tor3^ effects. John Wood and Benjamin
Fay were appointed assistants to Capt. Samuel
Robinson, as overseers of Tories. When crops
were scarce people \vere forbidden transporting
them out of this State. On Jan. 14, 1778, in
Council, it was resolved, that no wheat, rye, In-
dian corn, flour, or meal be transported out of
this State, except they have a permit frorh this
Council, and if found guilty of violating the or-
der, the property was forfeited and three-fold
value thereof in money.

The first license law was passed by the Council
Jan. 24, 1778, which provides that those who sold
any kind of spirituous liquors in any less quantity
than one quart, or in any quantity to be drank
on or about the premises, should forfeit and pay
the sum of six pounds.

It has already been stated that the Convention
held at Westminster Jan. 15, 1777, had declared
the district an independent jurisdiction or State,
and christened it New Connecticut. At the same
Convention a report of a committee was adopted,
recommending that proper information be given
to Congress of the reasons wh}^ the New^ Hamp-
shire Grants have been declared a free State, and
praying Congress that the State be granted
representation in that Honorable body. Jonas
Fay, Thomas Chittenden, Heman Allen and
Reuben Jones were appointed a committee to

OF VERMONT. 37

conve3' the information and prayer to the Hon-
orable Continental Congress of the U. S. A. The
authorities of New York learning .of this, Ten
Broeck, President of the Convention of New York,
Jan. 20, 1777, made a bitter complaint to Con-
gress and protested against the dismemberment
of their State. He claimed the action of the New
Hampshire Grants was brought about by the arts
and influences of certain designing men, and that
it was a misfortune to be wounded so soon,
sensibly, while the3' were making their utmost
exertions in the common cause. And he found
fault with Congress for allowing Col. Warner and
other officers to receive commissions independent
of New York, and closed his letter by saying, *'If
the State is to be rent asunder, and its juris-
diction subverted, to gratify the deluded and
disorderly subjects, it is a folly to hazard their
lives and fortunes in a contest which in every
event, must terminate in their ruin."

As the New York authorities learned that the
then so-called State of Vermont had friends scat-
tered all through the Colonies, both in and out
of Congress, they became thoroughly alarmed, and
again addressed John Hancock, the President of
Congress, endeavoring to stay any action of that
body favorable to Vermont. Thomas Young of
Philadelphia, heretofore alluded to, a friend of the
Grants, had written several -communications, en-
couraging the Grants to take action towards be-
coming a State, and asking to be represented in
Congress. These communications reached the
New York authorities. New York, on the 23d of

38 EARLY HISTORY

June, 1 777, got Congress to take aetion on these
complaints; and among other things, it resolved,
"That the independent government attempted to
be established b^- the people styling themselves in-
habitants of New Hampshire grants, can derive
no countenance or justification from the act of
Congress; and that the petition of Jonas Fay,
Thomas Chittenden, Heman Allen, and Reuben
Jones, be dismissed ; and that Congress, by rais-
ing and officering the regiment commanded by
Col. Warner, never meant to give any encourage-
ment to the people aforesaid, to be considered an
independent State; and certain paragraphs in the
letters of Thomas Young, addressed to the people
of the grants, were derogator}^ to the honor of
Congress, and tended to deceive and mislead the
people to whom they were addressed."

This was throwing cold water on the move-
ment of the people in Vermont to become inde-
pendent and free. .While Congress was passing
these resolves, the people of Vermont, in conven-
tion assembled, were forming a constitution and
perfecting a system of civil government. While
the Convention was at work at Windsor, their at-
tention was called to the more exciting scenes of
war. News arrived of the evacuation oi Ticonde-
roga. Gen. Burgoyne was sweeping up Lake
Champlain, across the western border of the
grants, and towards Albany, creating consterna-
tion and alarm. The Green Mountain Boys, for a
time, forgetting ever^-thing but the common cause
and the enemy, gathered with the New Hampshire
soldiers under Gen. Stark, and met the British

OF VERMONT. 39

forces under Gen. Rauni, fought and won the bat-
tle of Bennington on the memorable 16th of Aug.,
1777, and which led to the surrender of Gen. Bur-
goyne a few da^-s after. The bravery and success
of the Green Mountain Bo\"s on this occasion won
for them and the people of the grants a respect
and a standing that the^^ had not before gained.

The New Hampshire Grants had declared them-
selves an independent State. No sooner had the\'
done this than they were met with new difficul-
ties. The territory of New Hampshire w^as made
up of several grants from the Council of New^
England to John Mason, between the years of
1621 and 1635, and their western boundar}^ was
60 tniles from the sea. The land between Mason's
grant and Conneccticut River, was granted by vir-
tue of a royal commission to the Governors of
New Hampshire. The people of this last grant, as
soon as Vermont had organized its government,
show^ed a disposition to dissolve its connection
with New^ Hampshire and unite with the people of
Vermont. They put their claim on the ground that
inasmuch as the Colonies had dissolved their con-
nection with the mother countr}-, they had re-
verted to a state of nature, and were at libert3' to
form a separate government, or connect with an-
other, as they thought best. Consequenth^ 16
towns on the east side of Connecticut River peti-
tioTied the Legislature of Vermont, praying to be
admitted into its union. This proposition Avas re-
ferred to the people of Vermont, and a majority of
the towns voted: "that the union take place; — the
vote standing 37. in the affirmative and 12 in the

4-0 EARLY HISTORY

negative. These 16 towns announced their with-
drawal to the Governor of New Hampshire, and
asked for a divisional line to be drawn. You may
imagine the just alarm it created in New Hamp-
shire. Governor Weare of New Hampshire, Aug.
19, 1778, addressed their delegates in Congress,
informing them of the situation, and asking them
to advise with other members of Congress con-
cerning the situation ; and giving it as his opin-
ion, that if they did not, it was '*very probable the
sword would decide the controversy, as the mi-
nority' in those 16 towns were claiming protection
from this (New Hampshire) State, and he thought
they were bound by every tie to afford it.

On the 22nd day of Aug., 1778, Gov. Weare
addressed Gov. Chittenden, and stated to him,
among other things, that the idea that those 16
towns did not belong to any State and were at
liberty to form another union with Vermont, was
*'an idle phantom, a mere chimera, without the
least shadow of reason for its support." He told
Gov. Chittenden, the people of Vermont were fur-
nishing her enemies, to her becoming a separate
State, with arguments against her. And he be-
sought him for the sake of the people he presided
over and for the sake of future peace, to relinquish
every connection, as a political body, with the
towns on the east side of the Connecticut River.
Gov. Chittenden, on the receipt of this letter, con-
vened the Council and sent Ethan Allen to Phila-
delphia to ascertain in what light the proceedings
of Vermont in this matter, were viewed. Ethan
Allen performed this service and reported back to

OF VERMONT. 41

the Council, October 10, 1778, that it was his
"opinion, that unless this State recede from such
union immediately, the whole power of the Confed-
eracy ot the United States of America w411 join to
annihilate the State of Vermont and vindicate the
right of New Hampshire. The whole matter v^-as
taken into the consideration b\^ the Vermont As-
sembly for a long time, and finally it began to hes-
itate to go any further w4th the hazardous exper-
iment of claiming to hold the 16 towns against
the wishes of New Hampshire.

The seceding 16 towns struggled hard to con-
tinue their union with Vermont, but the people of
Vermont had become aware of the danger of at-
tempting to continue the union, and by a vote of
the General AssembW, Feb'y 12, 1779, voted that
the union of the 16 towns with Vermont ought to
be considered as being null from the beginning.
About this time there had been a convention
called, of those w^ho were favorable to uniting
with the 16 towns, that met at Cornish; and a
petition w^as presented b3^ that convention to the
House of Representatives of New Hampshire, ask-
ing that all towns west of the Mason line, might
go together — either all be allowed to go with Ver-
mont, or all the grants, including the 16 towns,
be allowed to unite wnth. New Hampshire, and
thus annihilate Vermont; and the House of Repre-
sentatives of New Hampshire, b3' a committee, re-
ported that "New Hampshire should la^^ claim to
all of New Hampshire grants (so-called) h'ing
west of Connecticut River, but, if the Conti-
nental Congress shall allow the towns west of

5

42 EARLY HISTORY

Connecticut River to become a separate State,
they would acquiesce therein," which report was
adopted June 2-4, 1779, by the House. This idea
of being swallowed up by New Hampshire was
opposed by the leadin^^ men of Vermont.

At this critical moment, when the State was
threatened with annihilation, events took place in
the County of Cumberland, which gave a new im-
pulse to the controversy with New York. There
was a party that had always existed in the Coun-
ty of Cumberland that was opposed to the inde-
pendence of Vermont, and had up to that time
reluctantly submitted to its authority-. A conven-
tion was organized by these disaffected ones,
w^hich met at Brattleboro on the 4th of May, of
1779. This convention petitioned Gov. Geo. Clin-
ton of New York for relief from their unhapp3' sit-
uation, setting forth in their petition that those
who did not 3'ield obedience to the pretended Ver-
mont authorities, had to suffer the loss of their
property both real and personal, and that they
were compelled to pay taxes to the authorities
that be, that they did not recognize as legal, and
called earnestly for protection from the New York
government, and if that protection was not speed-
ily granted they should have to obe3' a govern-
ment which they viewed as usurpation, and add
their strength to oppose the government of New
York. About this time a military association was
formed in the County of Cumberland to oppose
Vermont authorities. Ethan Allen was directed
by the Governor to suppress it. Col. Patterson,
who headed the opposition to Vermont authori-

OF VERMONT. 43

ties, aske^i aid from New York, which was prom-
ised by Gov. Clinton of New York, who assured
the opposition part}^ that the authority of Ver-
mont should in no instance be acknowledged, ex-
cept in the alternative of submission or inevitable
ruin ; and also addressed Congress, stating in that
address, that he daih- expected to be obliged to
order out a force for the defence of those who ad-
hered to New York.

Congress took the matter into consideration
June 1, 1779, and appointed a committee to re-
pair to the New Hampshire Grants and inquire
the reasons why they refuse to continue citizens of
the States that before that time exercised jurisdic-
tion over them, and to take prudent means to ef-
fect an amicable settlement of the difficulty. A
committee of five was appointed. While these
matters were transpiring in Congress, Col. Ethan
Allen marched with an armed force and arrested
the militia officers that were acting in Vermont
under the authority of New^ York. This w^as made
known to Congress b3^ Gov. Clinton, and Con-
gress authorized said committee to take this mat-
ter also into their consideration. Only tv^o of this
committee appeared in Vermont, and on the 24th
of Sept., 1779, the committee was by Congress
discharged.

At this time the Vermont authorities were
pained and surprised to learn that Massachusetts
was laying claim to a part of her territory. And
Gov. Chittenden addressed a letter Oct. 28, 1779,
to Samuel Adams, President of the Council ol
Massachusetts, and sent the same by Brig. -Gen.

4-4 HAKLY HISTORY

Ethan Allen, asking him to state "wliat part of
this State they meant to extend their claim over,
and how far they meant to carry such pretenvSion
into execution. At this time Congress had ]jassed
a resolve to take the claims of New Hampshire,
New York, and Vermont into their consideration,
with a view of settling them in some wa_v. On the
28th of October, 1779, Adams replied to Chitten-
den, ''that Massachusetts had an ancient and a
just claim to all the territory between Connecticut
and Hudson Rivers — that their territory was
bounded easterly b^^ Connecticut River, w^esterh',
by the eastern line of New York, and northerly by
the northern boundary of Massachusetts Bay ;
and this includes a part of that territory which
you call the State of Vermont, and over this tract
they meant to extend their claim." This shows
that Massachusetts was not bashful. After a par-
tial hearing of these disputes in Congress, the^'
were postponed.

Previous to this, on the 24th of Sept., 1779,
and on Oct. 2, 1779, Congress unanimously passed
resolutions recommending to New York, Massa-
chusetts Bay, and New Hampshire to pass laws
authorizing Congress to hear and determine the
controversy as to their respective boundaries and
the dispute with the Grants, and then Congress
would, on the first day of Feb., 1780, hear and de-
termine said controversy and dispute, and pledged
their faith to carr^' into execution their decision.
And also resolved that it was the dut\' of those
who were loyal to Vermont, to abstain from exer-
cising any power over an}^ of the inhabitants who

OF VERMONT. 45

profess to owe allegiance to either of the other
States ; and that the other States abstain from
exercising authority' over the lo3'al citizens of Ver-
mont; and that no towns east of Connecticut Riv-
er should be conceded within the jurisdiction of
Vermont; and that any violation of the true in-
tent and meaning of these resolutions of Congress
should be considered as a breach of the peace ol
the confederacy. In short, Congress desired that
all matters should remain as they then were till a
determination should be made in Congress as to
the matters of dispute. Congress sent a copy of
these resolutions to Gov. Chittenden.

On the 29th of October, 1779, the Governor,
Council, and House of Representatives of Vermont
resolved unanimously ^'that this State ought to
support their rights to independence, at Congress,
and to the world, in the character of a free and in-
dependent State," and chose Ethan Allen, John
Fay, Paul Spooner, Stephen R. Bradley and Moses
Robinson "to vindicate their rights to independ-
ence, at Congress, and to transact all other po-
litical affairs of this State at Congress, as a free
and independent State." Congress did not pro-
ceed to a final determination of said dispute
on the 1st of February 1780, but the matter v^as
postponed from time to time, and on the 2nd of
June, 1780, it passed a resolve requiring the au-
thorities of Vermont to abstain from all acts of
authority, civil or military, over the inhabitants
who hold themselves to be subject to any other
State.

Vermont now was literally struggling for exist-

46 EARLY HISTORY

ence. Had she not had men of extraordinary wis-
dom and firmness, she would have gone down.
Gov. Chittenden, July 25, 1780, addressed the
President of Congress, setting forth their rights
and determination in a bold and firm manner. He
told him, that "the people of this State viewed
the resolutions of Congress in their nature subver-
sive of the natural rights which the people have to
liberty and independence," and had a "direct tend-
ency to endanger the liberties of America ; and de-
nied the power of Congress to decide that Ver-
mont, a free and independent State, belonged to
any other jurisdiction ; and being an independent
State, Congress had no business to legislate over
Vermont." He told him, "there may, in future, be
a trial at Congress, as to which of the United
States shall possess this territory, or how it shall
be divided between them ; but this does not con-
cern Vermont." He told him, "that the cloud
that has hovered over Vermont since the ungener-
ous claims of New Hampshire and Alassachusetts
Bay were made, has been seen, and its motions
carefully observed by this government, w^ho ex-
pected that Congress would have averted the
storm ; but disappointed in this, and unjustlv
treated, as the people over whom I preside con-
cieve themselves to be, in this affair, 3'et blessed b\'
heaven with constanc^^ of mind, and connections
abroad, as an honest, valiant and brave people,
are necessitated to declare to your Excellency, to
Congress, and to the world, that as life, liberty,
and rights of the people, intrusted them b}' God,
are responsible, so they do not expect to be justi-

OF VERMONT. 47

lied in the sight of heaven, or that posterity
would call them blessed, if thej- should, tamely,
surrender any part." And he closed his letter to
him b}' saying, that " the_v were induced once
more, to offer union with the United States of
America, — should that be denied, this State will
propose the same to the legislatures of the United
States, separiiteh', and take such other measures
as selt preservation may justify.

On the 10th of Dec, 1779, Vermont issued an
appeal (written hj Stephen R. Bradle3') ^o the
candid and impartial world, stating the claims of
New York, and New Hampshire, and Massachu-
setts, and the right of Vermont to her independ-
ence, and an address to Congress. It was grand,
bold, logical, and convincing. I onlj^ have time to
refer to one or two passages in it: ''Again," he
said, "the State of Vermont has merited an indis-
putable right to independence, in the esteem of ev-
ery true Whig, by her brave and noble conduct, in
the gloomy struggle of America with Great Brit-
ain. First in America were the Green Mountain
l»03's (to their immortal honor be it written) that
commenced an aggressive war against British tyr-
anny. Under every disadvantage in being a fron-
tier, they nevertheless, with their lives in their
hands, took Ticonderoga and other important
garrisons in the north, so early that New York as
a government, was called as a dead weight in the
continental scale. The Green Mountain Boys, like
men, determined to obtain liberty or death, pur-
sued the war into Canada, and many fell fighting
in the glorious cause of American liberty and free-

48 EARLY HISTORY

dom. Let the brave, immortal Gates, and the
deathless Stark, tell posterity that they, in the year
1777, assisted by the militia of the State of Ver-
mont, humbled the long boasted pride ol Great
Britain, and brought the towenng Gen. Burgoyne,
with his chosen legions, to ask mercy at their feet.
In a word, Vermont, by her blood and treasure,
at the point of the sword, has fairl\' merited lib-
erty ; and by the eternal rule of reason has a right
of independence from every consideration ; she
has received it from God, as being created with
equal liberties in the scale of human beings ; in na-
ture, from the formation of territories and from
her victorious struggles with Great Britain." And
in short, the^^ had promised protection to all the
loyal citizens, and, therefore, were under the neces-
sity of supporting their independence.

The letter of Gov. Chittenden and the appeal
referred to, had a great impression on the small
States, who were found favoring Vermont, and
Congress hesitated ; but the subject of admitting
her into the Union was postponed. Gov. Chit-
tenden addressed a letter to John Hancock,
Governor of Massachusetts, the loth of Dec,
1780, and made a powerful appeal to him, setting
forth among other things, that, "Vermont la-
bored under many great evils — Congress claiming
jurisdiction over them, three of the States claim-
ing their territory, in whole or in part, and ex-
posed to British invasion from Canada ; and in
one event the}' might be under the disagreeable ne-
cessity of making the best terms with the British
that may be in their power; and that it w^as out

OF VERMONT. 49

of the power of Vermont to be further serviceable
to the United States unless they were admitted in-
to the Union. And that it w^as high time that
Vermont had better assurances from the several
States now in the Union, w^hether at the conclu-
sion of the present war, she may without molesta-
tion enjo3^ her independence, or whether she is only
struggling in a bloody war to establish neighbor-
ing States in their independence, to overthrow^ or
swallow up her own, and deprive her citizens of
her landed estates."

This letter had the desired effect on Massachu-
setts. On the 8th of March 1781, the Governor of
Massachusetts replied "that when Vermont
should be recognized as an independent State,
that the}^ would relinquish all claim to her juris-
diction."

Vermont did not cheerfully yield to the policy
that resulted in the indefinite postponement of the
decision that the\^ hoped would make Vermont one
of the States of the Union. Nor did it produce the
best of feelings toward the three States that had
been putting forth their best efforts to rob Ver-
monters oi their lands and deprive them of their
independence.

At this time a new effort was made to unite
the towns in New Hampshire west of the Mason
line, with the towns west of Connecticut River.
And at a convention held at Walpole, N. H., on
the 15th of November, 1780, in which several of
the towns in the County of Cheshire were repre-
sented, action was taken favoring the union, and
it took measures to call a convention of the

6

50 EARLY HISTORY

Grants, from both sides of the river, to be held at
Charleston on the third Tuesday of January ,
1781, at which convention 43 towns were repre-
sented ; and on the 10th of February, 1781, an ap-
plication was made by the Charleston convention
to the Legislature of Vermont for the union of
the grants on both sides of Connecticut River.

The Legislature of Vermont, on receiving that
application, adopted a report that set forth, in
substance, that the State of New Hampshire had
receded from her former position acknowledging
the independence of Vermont, and had made at-
tempts to unite the whole of the grants to Nev^'
Hampshire, and that some people from New
Hampshire had endeavored to support internal
broils in the eastern part of Vermont ; and on the
10th day of Februar^^ 1781, recommended that
the Legislature of Vermont lay jurisdictional
claim to all lands east of Connecticut River, north
of Massachusetts, and south of latitude of 45 de-
grees. Then the Legislature set forth a declara-
tion that New York for many years had under-
taken to usurp the rights and the property of the
people of Vermont, and, therefore, the committee
recommended the Legislature to lay jurisdictional
claim to all lands north of the north line of Mas-
sachusetts, and extending the same to Hudson
River, ''but not to exercise jurisdiction, for the
time being." The Legislature adopted the recom-
mendations; and in April, 1781, the union of the
towns east of Connecticut River, west of the Ma-
son line, was consumated, and 35 representatives
trom the Grants east of Connecticut River took

OF VERMONT. 51

their seats in the General Assembly of Vermont.
This union being accomplished, the General As-
sembh^ turned their attention to taking in a part
of the State of New York east of Hudson River.
And on the 11th of April, 1781, the Legislature ap-
pointed a committee to meet with a convention to
be held at Cambridge, N. Y., in May, 1781, to
take into consideration the subject of the defense
of the frontier, and the union of the towns east of
the Hudson. This report was adopted by a vote
of 48 3'eas to 39 naj^s. Representatives from 12
towns met at Cambridge and adopted the recom-
mendations of the Legislature of Vermont, and de-
clared that the territory as far w^est as the Hud-
son, pursuant to the recommendations, be con-
sidered as a part of the State of Vermont.

And they further declared that the whole mili-
tary force of Vermont shall be exerted in their de-
fence; and that the independence of the State of
Vermont shall be held sacred. These recommenda-
tions w^ere approved by the Vermont Assembly,
June 16th, 1781, by a vote of 53 yeas to 24 nays.
Ten members were chosen from the New York
towns, and eight of them took their seats in the
Vermont Assembly.

Vermont was now placed in an interesting and
a critical position. By the bold and decisive
policy that she had followed, she had augmented
her resources, compelled the respect of her enemies,
gained upon the confidence of her friends, quieted
disaffection in her own borders, invited immigra-
tion and laid the foundation of a large and power-
ful State. Up to this time no people were more

52 EARLY HISTORY

firmly attached to the cause of American independ-
ence than the people of Vermont, and none had
more successfully contributed to sustain it ; and
this, too, in face of difficulties and discourage-
ments with which the people of other States of the
confederacy did not have to contend.

After all their efforts to maintain the common
cause, they were denied by Congress a just partici-
pation in the blessings they had done so much to
secure. Their claim to independence had been
treated with indifference, they were threatened a
dismemberment of her territory, and annihilation
of her sovereignt}^ ; and were left to contend single
handed against the common enem\'. Their lands
bordered on that of the enemy on the north, and if
the British invaded the American States from the
north, the Vermonters must first stand the shock
of battle, and not till they should be overpowered
could the other States be harmed.

It seemed to the Green Mountain Bo^^s that
they had got to take this terrible burden or enter
into some arrangement with the British enemy,
w^hereby they might dela\' the conflict and better
their condition. Their right to independence had
been denied by Congress, and as much as they
loved the cause of their country-, attested b}' their
deeds, they saw every step taken to support it, ren-
dered their condition more hopeless. It was of no
importance to them that the American arms
should be successful, while they were threatened
w4th subjugation by the States, and her existence
as a State blotted out. She could make better

OF VERMONT. 53

terms than that with the enemy ; and entered into
negotiations with the British.

These negotiations were carried on with great
secrec_v by the leading men of Vermont. The Brit-
ish were aware that a warm contest had been car-
ried on between New York and Vermont, and that
Congress had denied Vermont an independent ex-
istence, and that the people of Vermont w^ere dis-
satisfied with the course that Congress had taken
in refusing Vermont admission into the confeder-
acy of the States ; and, therefore, took advantage
of this state of things and made an attempt to in-
duce Vermont to remain lo^-al to Great Britain.
This correspondence was conducted mainly on the
part of the British by Frederick Haldimand, a
British General in Canada, and is called the Haldi-
mand correspondence. On March 3d, 1779, Lord
Geo. Germaine, the British Secret ar3' for colonial
affairs, wrote to Gen. Haldimand, that the British
Minister could see no objection to giving the peo-
ple of Vermont reason to expect that the King
wall erect their country into a separate province.

On the 30th of March, 1780, Beverly Robinson,
an adherent of the British at New York, (the same
man who made the successful attempt to corrupt
Benedict Arnold) addressed a letter to Ethan Al-
len. This letter was delivered to Allen in the
streets of Arlington b3^ a British soldier in the
habit of an American farmer. The letter was quite
artfully drawn, setting forth that he had been in-
formed that he, Allen, and most of the inhabitants
of Vermont, were opposed to the wild and chimer-
ical scheme in attempting to separate the conti-

54 EARLY HISTORY

nent from Great Britain ; that he would willingly
assist in restoring America again to Great Brit-
ain; and if those were his sentiments, begged him
to communicate what proposals he had to make
to him, said Robinson, or to Sir Henry Clinton,
the British Commander-in-Chief at New York City;
and assured Allen that upon his taking an active
part in restoring the people of Vermont in favor of
the Crown of England, Vermont might obtain a
separate government under the King and the con-
stitution of England. Robinson claimed he was
an American himself, and felt much for the dis-
tressed situation his poor country was in, and
was anxious to restore peace and the mild and
good government they had lost ; and said if Allen
disapproved his hinting the things he had referred
to, and did not choose to make any proposals to
the government, he hoped he would not suffer any
insult to be offered to the bearer of the letter. And
if he should see fit to send proposals, and they
should not be accepted or complied with, the mat-
ter should be buried in oblivion between them.
And if he saw fit to send a friend with proposals
he should be protected and well treated. This let-
ter was not received by Allen till sometime in Juh',
1780. He immediately communicated it to Gov.
Chittenden and to some other principal men of
Vermont, who thought it best not to make an\'
reply.

At this time some Vermonters had friends that
were prisoners in the hands of the British in Can-
ada, and negotiations were entered into b)^ the
Vermont authorities wMth Gen. Haldimand to set-

OF VERMONT. 55

tie a cartel for the exchange of prisoners. During
the negotiations, Maj. Carleton, a British officer,
promised not to commit an^- hostile acts on Ver-
mont during the negotiations, and the Vermont
authorities also agreed to cease hostilities during
the same time, providing the truce should embrace
the northern frontier of New York. This was
agreed to. This truce was used b3' Gen. Haldi-
mand as the opportunity for attempting to detach
Vermont from the American cause. After this
truce was agreed upon, Gen. Carleton ceased his
hostile demonstrations both in New York and Ver-
mont and returned to Canada.

The British had great hopes at this time of de-
taching Vermont from the American cause. Gen.
Haldimand wrote to Gen. Lord Germaine Dec. 16,
1780, that he '*had some reason to believe the of-
fers he made to the chief of that district (Vermont)
some time since have been or may be accepted."
Commissioners had been appointed to carry out
the matter of the exchange of prisoners, and the
Vermont commissioners had entertained Gen. Hal-
dimand's agents, with much political conversa-
tion, and exhibits- of papers took place, from
which the British concluded they were in a fair
way to effect their purposes. The agents or com-
missioners appointed by Gen. Haldimand had full
power to negotiate for the return of Vermont
to their British allegiance. Gen. Haldimand, Dec.
20, 1780, in his instructions to his commissioners,
said, "I authorize you to give these people the
most positive assurance that their country w411 be
erected into a separate province, independent and

56 EARLY HISTORY

unconnected with every government in America,
and will be entitled to every prerogative and im-
munity' which is promised to other provinces in
your proclamation of the King's commissioners."

On the 9th day of March, 1781, Ethan Allen
addressed a letter to the President of Congress,
and sent him the letter that he received from Bev-
erh' Robinson, and also informed him that Ver-
mont had opened a truce with Gen. Haldimand
in order to settle a cartel for the exchange of pris-
oners. Allen justified the course that Vermont
had taken in negotiating with the enemy, and
said ''I am fully grounded in opinion that Ver-
mont has an indubitable right to agree on terms
of cessation of hostilities with Great Britain, pro-
vided the United States persist in rejecting her ap-
plication for a union with them ; for Vermont of
all people would be the most miserable, were she
obliged to defend the independence of the United
States and they at the same time at full liberty
to overturn and ruin the independence of Ver-
mont," and closed the letter by saying, "I am as
resoluteh^ determined to defend the independence
of Vermont as Congress is, that of the United
States; and rather than fail, will retire with the
hardy Green Mountain Boys into the desolate cav-
erns of the mountains, and wage war with human
nature at large."

Colonel Allen met the British commissioners, to
agree on a cartel for the exchange of prisoners,
and told the British commissioners that his au-
thority' did not extend to treat for a union with
Great Britain ; but from a history of the confer-

OF VERMONT. 57

ence it is evident it was the main topic under con-
sideration. Ira Allen told them, "that matters in
Vermont were not yet ripe for any permanent pro-
posals"— referring to the subject of the renewal of
their allegiance with Great Britain, — and told
them that, ''some of the Council were anxious to
bring about a neutrality, being convinced that
Congress never intended to admit them as a
State;" but for the time being desired to settle a
cartel for the exchange of prisoners, and thereby
keep open a door for negotiations."

From a memoranda of the conference held in
May, 1781, it was evident that the British com-
missioners were willing to comply wnth all the de-
mands of .\llen, except allowing Vermont to
choose her own Governor, if Vermont would re-
turn to her allegiance; but Allen plead for delays
and said it would be impossible to effect a union
with Great Britain until the union with a part of
New Hampshire and a part of New York, that had
in a formal wa^^ taken part, had become more
firmly united, and until the3' had better prepared
their people for the change. Allen told them that
when the western union was complete, Vermont
could raise ten thousand fighting men. He said
he, and Vermont in general, were inclined for the
success of America, but interest and self-preserva-
tion (if Congress continued to oppress them) more
strongly inclined them to wish for the success of
Great Britain, and fight like devils against their
oppressors, be they who they might.

Before Allen left them, he agreed wnth the Brit-
ish commissioners how they might in future keep

7

58 EARLY HISTORY

each other informed of the progress of affairs. Sig-
nals were agreed upon for the messages that Al-
len might send ; that if the British should send
messengers they were to be men of trust ; that the
contents of the message should be a secret, to the
messenger, written on a small piece of paper,
which he should be directed to swallow, or other-
wise destroy, it in danger of being taken by a
scout from New York. These negotiations contin-
ued 17 days, during which time a cartel for the
exchange of prisoners was completed ; hostilities
were to cease between the British and the Ver-
monters until after the then next session of the
Legislature ot Vermont, and in the meantime
Vermont w^as to consolidate her unions to weaken
Congress, permit letters to pass through Vermont
to and from Canada, and take prudent measures
to prepare the people for a change of government.
The course of Vermont was mysterious. Bev-
erly Robinson wrote Gen. Haldimand, in May,
1781, that Vermont deserves our diligent atten-
tion, and that he had much to say respecting her
mysterious conduct." In one letter, dated at
Quebec, May 21, 1781, to Vermont authorities, it
urged Vermont to take immediate and decisive
steps to unite with Great Britain ; it stated that,
"there is from accounts from Europe great reason
to think that a general negotiation for peace has
commenced under the mediation of the Emperor
at Vienna." Whatever the terms of peace may be,
the people of Vermont must be left in the same un-
favorable situation they were in before the present
trouble, unless they accept the terms offered them

OF VERMONT. 59

by Great Britain, and "save themselves a separate
government independent ol the other States."
Gen. Washington disapproved of the cartel for the
exchange of prisoners made b}' Vermont with the
British in Canada.

I think it very clear that Vermont had a double
purpose in these negotiations. If the people of
Vermont should become perfectly satisfied that
they should not be recognized as an independent
State by Congress, but that her territory should
be divided between the States claiming her terri-
tory, many of the leading men had come to a de-
termination to unite their fortunes with Great
Britain, if they should be granted a separate ex-
istence. So, for the time being, it was with them
"Good Lord, good devil," for they did not know
whose hands they might fall into."

If the war should continue, it was evident that
Vermont must become the battle ground between
the British in Canada and the American forces,
and, therefore, Vermont attempted to take the neu-
tral position. It was a stroke of policy on the
part of Vermont to make the British believe that
they had no hope of being recognized as a separate
State, and that, therefore, as soon as the Vermont
authorities could get the Vermont people ripe for
a union with Great Britain, it should be done.
By this means they avoided the calamities of
active war within their own borders. Without
doubt the people of Vermont had rather unite
their fortunes with the United States, and conse-
quently made frequent endeavors to be admitted
as the fourteenth State; but Congress dallied

60 EARLY HISTORY

along without any decisive action for the tear of
offending New York and New Hampshire, and dur-
ing this state of affairs, the Vermont authorities
gave the British to understand that they were
preparing to cast in their fortunes with them.

As late as the 10th of July, 1781, Col. Ira Allen
wrote to Gen. Haldimand, that "It is expected
that Vermont's agents to Congress will make of-
fers to Congress that will not be accepted, by
which means those in favor of government \Yill be
able to evince to the people of this State that Con-
gress means nothing more than to keep this State
in suspense to the end of the war, and then divide
the territory among the claiming States." " It is
exceeding difficult and somewhat dangerous at-
tempting to change the opinion of large and popu-
lar bodies. Therefore, carr^-ing these matters
somewhat under the rose until the next election,
when in all probability a large majority of the
then officers of the government will be well dis-
posed, and then by the advantage of another de-
nial from Congress, with the reins of government
in their hands for one j^ear, they will make a rev-
olution so long wished for by many."

Sir Henry Clinton wrote to Gen. Haldimand
from New York 23d July, 1781, that "if a reunion
of Vermont with the mother country can be ef-
fected, it must be productive of happy conse-
quences, but I confess I have my suspicions of
those people." Lord George Germaine wrote from
London to Gen. Haldimand the 26th of July,
1781, "I am sorry you have cause to doubt their
sincerity, but I flatter myself that when they see a

OF VERMONT. 61

bod}' of troops sufficient to protect them near at
hand, they will readily yield to the force of the
weighty arguments 3^ou will have it in your power
to urge." And he urged him to appear in considera-
ble force on the frontier, which he said would be
the surest means to give efficacy to the negotia-
tions with the Vermont people. And nothing
should be omitted to attach them to His Majes-
ty's government."

Gov. Chittenden on the 14th of November,
1781, addressed a letter to Gen. Washington, jus-
tifying their course in attempting to effect a union
with a part ot New Hampshire and a part of New
York, and the agreement Vermont made with the
British for a cartel for the exchange of prisoners
and cessation of hostilities, thereby saving the
shedding of blood and the State from invasion, by
a stroke of polic}- that they could not have pre-
vented by an^^ military force they had at their
command. And closed his letter on that subject
by sa\'^ing, "And in the month of October last, the
enem}' appeared in force at Crowm Point, and Ti-
conderoga; but were maneuvered out of their ex-
pedition, and the}^ returned into wnnter quarters
in Canada, with great safety, that it might be
fulfilled which was spoken by the prophet, *I will
put my hook in their nose and turn them back by
the w-ay which they came, and thej^ shall not come
into this city (alias Vermont,) saith the Lord.' "

Gen*. Washington, in his reply by letter dated
Jan. 1, 1782, said, "Your late extension of claim
has rather diminished than increased the number
of your friends, and that if the extension should be

02 EARLY HISTORY

persisted in, it will be made a common cause." and
it must involve the ruin of that (X'ermont) State
ao^ainst which the resentment of the others is
pointed." And said, "I will only add a few words
upon the subject of the negotiations which have
been carried on between you and the enemy in
Canada and in New York. It has this certain bad
tendency; it has served to give some ground to the
delusive opinion of the enemy, upon which they in
a great measure found their hopes of success;" and
gives Gov. Chittenden a hint that if Vermont re-
leases her claim to any part of New Hampshire
and New York, Congress would be more likely to
admit her as a State into the Federal Union.

New York sought the aid of Federal troops to
enforce their demand against Vermont. But as
Congress was prevented from using United States
troops against Vermont, by the intervention of
Geo. Washington in Februar}', 1783, New York
had no means to a resort to force, except by her
own troops. To this the sixth article of confeder-
ation interposed an obstacle which could not be re-
moved without the consent of Congress. New
York repeatedly and persistently urged Congress
to give their consent till Ma^', 1784, but did not
succeed in getting consent of Congress.

One of the British agents, speaking of Ira
Allen's lettets in the carrying on of the negotia-
tions referred to, said, "the apparent studied style
of Allen's letters does not appear to us like the un-
disguised sentiments of an honest heart." And in
speaking of Mr. Fay, a Vermont agent, he said,
"we have sparea pains, the short time Mr. Fay

OF VERMONT. 63

has been with us, to endeavor him out. He pro-
fesses so much honest^', accompanied with so
man3^ gestures of sincerit3% that he seems to over
act his part. He is perfecth' honest, or a perfect
Jesuit. We have tQO much reason to fear and be-
lieve the latter; however, it appears plain that he
wishes to continue the negotiations till next No-
vember, for what reason it is uncertain. He de-
clares solemnly that they will be then able to join
us. Allen declared the same w^ould happen in Juh-;
— to us it appears they wish to have two strings
to their bow, that the\^ ma^^ choose the strongest,
which they cannot determine till Mr. Washing-
ton's success shall be known. We do not believe
that Vermont expects b\' procrastinating to
strengthen herself as a State, but we believe sin-
cerely they design to secure themselves in this cam-
paign from invasion of King or Congress l?y spin-
ning out the summer and autumn in truces, cartles
and negotiations, by the expiration of w^hich they
expect to hear the result of the negotiation at
Vienna, and other matters, by which thQj may be
enabled to judge of the strongest side, the only
motive (we believe) by which they are influenced."
There were eight persons on the part of Ver-
mont that were engaged in carrying on these ne-
gotiations. Samuel Williams, one of Vermont's
early authors, put the matter in its true light. He
said, "But whatever may be thought respecting
the proprietj^ of such policy (as was pursued by
Vermont) the event showed that the gentlemen of
Vermont had formed a sound judgement with re-
gard to the effect. The British, flattered with the

64 EAKLY HISTORY

prospect thnt they should draw off a considerable
part of the continent to their government, there-
fore carefully- avoided hostilities against Vermont,
restored her persons, forbade her troops to enter
or attack her territory, and considered her people
rather in the light of friends than enemies. Thus,
while the British generals were freely imagining
that they were deceiving, corrupting and seducing
the people of Vermont, by their superior arts, ad-
dresses and intrigues, the wise policy of eight
honest farmers, in the most uncultivated part of
America, disarmed their northern troops, and kept
them quiet and inoffensive through their cam-
paigns, assisted in subduing Cornwallis, and fi-
nally saved the State.

While these negotiations were going on Ver-
mont made application to be admitted as a State,
and lei? Congress settle the boundaries between
New Hampshire and New York, as to whether the
East and West Unions should constitute a part
of Vermont, but no decisive action was taken by
Congress. Vermont also proposed to New York
and New Hampshire to adopt some measures to
settle the boundar}^ between Vermont and their
respective States, but not much was accomplished
in that line. New Hampshire would not agree to
surrender an}' claim east of the Connecticut River,
and New York would not surrender an3'thing, and
would take measures that indicated that they
should exercise their jurisdiction b}' force over the
towns that had formerly united with Vermont.
The warlike spirit ran high both in New Hamp-
shire and in New York, and that aroused the peo-

OF VERMONT. 65

pie of Vermont. The following verse was com-
posed at that time, showing the spirit of the Ver-
monters, nameh^: —

"Come York, or come Hampshire — come Traitors and

Knaves.
If vou rule over our lands, ye shall rule over our graves;
Our vow is recorded — our banner unfurled.
In the name of Vermont we defy all the world."

Actual conflict for a time was imminent between
the forces of Vermont and New York on the one
side, and the forces of Vermont and New Hamp-
shire on the other side, but it was avoided by ne-
gotiation. But the right of existence of Vermont,
and if an existence, whether she had a separate
jurisdiction, and the extent of that jurisdiction,
continued to be a matter of controversy between
the respective claiming States and before Con-
gress. On the 20th February, 1782, the Legisla-
ture of Vermont passed a resolution to the effect
that the west bank of the Connecticut should be
the east line; and a line running from the north
corner of Massachusetts northward, twenty miles
east of Hudson River, the west line of Vermont,
and relinquished all claim over any district of ter-
ritory outside of those lines; and this w^as done
with the expectation, that if they did so, Vermont
would have a speedy admission into the Federal
Union as a State. And they appointed Jonas Fay,
Moses Robinson, Paul Spooner and Isaac Tichenor
agents to negotiate her admission into the Union.
The friends of Vermont were again disappointed,
but through all the disappointments, and the in-
difference manifested by Congress, the hostility of

8

66 EARLY HIST(3RY

Vermont to New York never abated. The}- never
for one moment contemplated submitting to New
York, but were determined cither to be an in-
dependent State or a member of the Federal Union,
On the 7th of October, 1790, commissioners
from New York and Vermont settled the contro-
versy between the two States. The line between
them was to be "the west line of the most western
towns which had been granted by New Hamp-
shire, and the middle channel of Lake Champlain,
and Vermont was to pay New Y^ork $^0,000." This
agreement was ratified by both States, and thus
terminated a controversy which had been carried
on with great animosit}' for twenty-six years.
Vermont approved and ratified the constitution of
the United States, and by act of Congress passed
the 18th of February, 1791, Vermont, on the 4th
of March, 1791, was received and admitted into
the Union "as a new and entire member of the
United States of America."

Vermont may be small in a geographical sense;
it may be rough and rugged in physical contour,
and may not possess the wealth, or resources
from which to obtain it, which some States and
Territories have; yet it is rich in heroic history, in
grand and sublime scenery, a favorite climate, and
the full freedom of hand and thought, which makes
noble men and women. This is her glory and her
pride, and she can never be robbed of these.

GHflPTER II.

THE STRUGGLE OF THE
NEW HAMPSHIRE GRANTS TO ESTAB-
LISH A SEPARATE JURISDICTION BY THE
NAME OF VERMONT, AND HER
EARLY HISTORY.

The former chapter was an address prepared
b3' the writer of this Yolnme, a few^ years ago, and
is inserted without adding to it so as to make it a
complete history of the times it purports to cover.
It will be my endeavor in the present and follow-
ing chapters to supply much that was omitted in
the first chapter, so as to give the reader a more
complete idea of early Vermont and the sturdy
character of her people. And in doing so it has
become necessar3^ to state more in detail, what
has been said in a general w^ay in the former chap-
ter. And this is mA^ apology for any repetition
that may, in some instances, occur.

It is stated in the 26th Vol. of New Hampshire
State Papers, bj- A. S. Batcheldor, the editor, that
an acquaintance with the contentions betw^een the
provincial or colonial governments of New York,
Massachusetts and New Hampshire is necessary
to a fair conception of the legal and political
status of the grants made by those States in the
first period of their history. At an early period

68 EARLY HISTORY

Massachusetts claimed, from the language of its
charter, that the north line of that State was
three miles north of the outlet of Lake Winnipise-
ogee. But the King in Council in 1739, deter-
mined the line to be governed b}- the river Mono-
mack, alias Merrimack, so far as that followed a
westerly course, but when it turned to the north,
the line should continue "thence due west across
said river till it meets with His Majesty's other
governments." This determination was favora-
ble to New Hampshire. A joint commission ol the
two States fixed the boundary line. In running
this line w^esterly Fort Dummer fell within the lim-
its of the province of New Hampshire and within
the limits of the present town of Brattleboro, Vt.
The western terminus of this line and the western
boundary of New Hampshire would depend upon
where the eastern boundaries of the other gov-
ernments should be determined to be. The gen-
eral understanding was, at that day, that the
easterly boundary of New York was not on Con-
necticut River. The question had been previ-
ously raised. The Hartford treaty of 1656, be-
tween the United Colonies of New England on the
one part, and the Dutch Colonies of New Nether-
lands on the other, fixed a line of division, between
New Netherlands and New England, to begin at
the west side ot Greenwich Bay, and to run a
northerh' course up into the country, and after, as
it should be agreed by the two governments of
the Dutch and of New Haven, provided the line
should not come within ten miles of Hudson River.
From this time till 1664, the Dutch did not claim

OF VERMONT. 69

as belonging to them, an^' territory or lands, ex-
cept in Hartford, east of Connecticut River; and
it was believed that the Dutch possessions v^^ould
not extend easterly of the extension, northerly of
the twent3^ mile line, providing it did not come
within ten miles of the Hudson River. In 1664, a
charter was granted to the Duke of York, by King
Charles, to confirm his purchase of Long Island
and other territory from the Earl of Stirling, to
whom they had been conveyed by the Council of
Plymouth on the surrender of their charter to the
Crown in 1635. In the charter to the Plymouth
Colony, to which the Duke of York succeeded, the
language used in describing the eastern boundary
of the territory was as follows, "and all the lands,
from the west side of Connecticut River to the
east side of Delaware Bay."

Contention arose, between the Duke of York as
one party, and Connecticut and Massachusetts
successively as the other party, the foundation of
which was the construction of said charter. The
controversy resulted in fixing the boundary line
between the last two named Provinces and that
of New York at twenty miles east of and parallel
with Hudson River. It was understood after this
period to 1740, that the western boundary of
Massachusetts, against New York, extended
northerly to the line of Canada. The region now
called Vermont was then, for the most part, a wil-
derness, and the relations existing betw^een the
English and the French and their Indian allies,
rendered the settlement of that part of New En-
gland extremely hazardous, and the persons who

70 KAHLY HISTORY

undertook its settlement were subjected to many

hardships. The claims of New York to territorial

jurisdiction to the Connecticut River, if not practi-

calh' abandoned, were for a lon^r time held in abey-
ance.

Under these circumstances Governor Went-
worth might well apply the practical test of ac-
tual land grants on the west side of Connecticut
River as far west as the west line of Massachu-
setts, with a reasonable expectation of being sus-
tained in the movement.

The early town organizations of the New
Hampshire Grants within the present limits of
Vermont, that were granted by the Governor of
New Hampshire, had the right of self-government
in March meeting in the election of all town of-
ficers and in the management of town aifairs. ^As
early as the year of 1770, the New York courts
repudiated the town charters granted by the
Governor of New Hampshire, but those towns,
with great unanimity, resolved to support their
rights and protect their property under the grants
against the unjust claims of the Governor and
Council of New York, by force. These towns ap-
pointed Committees of Safety to attend to their
defence. These committees met, from time to time,
to take measures for the common protection. A
General Convention was called to meet on the
16th of Januar\', 1776, by a w^arrant issued Dec.
10, 1775, by a committee appointed for the pur-
pose. It is not known b^' what authority it was
called, but the Convention was composed of town
Committees. In January, 1777, a Convention

OF VERMONT. il

composed of committees or delegates, assumed ju-
risdiction of the whole territory, and declared it
to be a separate and independent State. The re-
solves of the Convention were executed by com-
mittees or agents appointed by the Convention.
This simple arrangement stood in stead of a form-
ally constituted State government. This bod^^ ex-
ercised supreme legislative and executive power.
It was elected b3' the people, expressed their will,
and was answerable to them. New York claimed
that the whole territory, now called Vermont,
was within their jurisdiction. The contest be-
tween the two jurisdictions was earnest and un-
yielding. The Grants made application to the
King to settle the controversy^ in their favor, in-
sisting that their territory was not within the
boundary- of New York. The commencement of
the Revolutionary War, and the news of the bat-
tle of Lexington, fired the hearts of most of the
people. A bod}^ of troops was raised for the com-
mon defense from among the New Hampshire
Grants, b\^ the request of Congress, who were
called the Green Mountain Boys, and who chose
their own ofl&cers. A part of this regiment was
raised from the towns near Onion River. Peleg
Sunderland, who was called a "mighty hunter of
both wild beasts and Tories," was recommended
as one of their captains. At a meeting of the rep-
resentatives of the several tow^ns in the New
Hampshire Grants, on the west side of the Green
Mountains, held at the Inn of Cephas Kent in Dor-
set, Jan. 17th, 1776, it was voted that, ''the
inhabited towns in the Grants be allowed votes in

72 EARLY HISTORY

the meetings or conventions in proportion to the
number such deputed member or members shall
represent." Committees were appointed at said
meeting to warn General Meetings of the commit-
tees on the Grants when they should judge neces-
sary from southern or northern intelligence.

On the 20th day oi July, A. D. 1764, the King
of England with the advice of his Council, on peti-
tion from the authorities from New York, annexed
all the territory- west of Connecticut River, south
of Canada line, and north of Massachusetts, to
New York Province. To this action the Grants
remonstrated and reported to the King the situa-
tion, and on the 24th day of July, 1767, the King
and his Council took the report into consideration
and commanded the New York authorities, that
they, for the time being, make no grants in the ter-
ritory of the New Hampshire Grants.

A petition was drawn, to present to the Conti-
nental Congress, setting forth the condition of the
Grants, the action that the King and his Council
had taken, and the course of conduct of New York,
and pra3'ing Congress to take their cause into
their wise consideration, and order that the
Grants do duty in the Continental service as in-
habitants of New Hampshire Grants^ and not as
inhabitants of the Province of New York. This
petition was presented at the adjourned meeting
held at the Inn of Cephas Kent the 17th of Janu-
ary, A. D. 1776, and was agreed to. Lieut. James
Breakenridge and Capt. Heman Allen were chosen
to prepare said petition to Congress.

The Grants were willing to do all in their power

OF VERMONT. 73

in the common cause, but not as Yorkers. It was
the wish of the Grants, as expressed in the peti-
tion, to have the dispute between them and New
York lie dormant till the contest with Great Brit-
ain was over, when there would be a better op-
portunity to get an equitable decision in the dis-
putes with New York.

(^n the death of Gen. Montgomer3' the com-
mand of the Colonial forces in Canada devolved
upon Gen. Wooster who was left in charge of the
troops at Montreal, and he wrote Col. Warner a
pressing letter for reinforcements. This was after
the deteat of the Colonial forces at Quebec. He
said the safety of the Colonies, and especialh^ the
frontiers, depended upon keeping possession of
Canada, and said, "I am confident I shall see you
here with your men in a ver^^ short time." Gen.
Wooster -was not disappointed. His promptness
in rendering aid elicited the approval of both Gen.
Washington and Gen. Schujder. The alacrity
with which the Green Mountain Bo\^s furnished
aid showed their readiness to serve the common
cause, and defend their rights against the arbi-
trary- power of King George IH., as well as the
usurpation of New York. The stand that the
hard\' Green Mountain Boys took educated the
people of their territory to become brave, inde-
pendent and self-reliant.

Said petition to Congress was presented to
that body by the committee chosen for that
purpose, but it was opposed b^- New York, and
ordered to lie on the table for consideration.
A motion was made to withdraw the peti-

9

74 EARLY HISTORY

tion that it mifjht not be acted on when the
Grants were not properly represented in the ab-
sence of the Committee. Congress passed a reso-
lution that the petitioners, for the present, submit
to the government of New York till the contest
with Great Britain was over, without prejudice to
their rights to their lands, and that the contro-
versy with New York, in the end, be sul)mitted to
proper judges, and that the Committee have leave
to withdraw their petition. The Grants were
willing to aid the common cause as the resolu-
tions required, but they never yielded allegiance to
the government of New York.

Many persons residing in the New Hampshire
Grants joined the enem}- of the United States, and
on the 26th day ol February, 1776, the Grants
passed an act to prevent such persons returning
to the State, and if any violated the act the^- were
to be arrested and tried in the courts, and if found
guilty were to be whipped on the naked back, not
more than fortA', and not less than twenty, stripes,
and ordered to quit the State ; and if he returned
again to the State, he was to be put to death ; and
if any one harbored such persons they should for-
feit and pay five hundred pounds. There was a
list of one hundred and eight names incorporated
in the act to w^hich the first part of said act ap-
plied. At the adjourned session of the Convention
held on the 17th day of January, 1777, it was vo-
ted that "the district or territory is hereby de-
clared forever hereafter to be considered as a sepa-
rate, free and independent jurisdiction or State."
At an adjourned Convention, held at Dorset on

OF VERMONT. 75

the 25th of Septenber, 1776, where towns from
both sides of the Mountain were represented, it
was resolved that, "no laws, direction or direc-
tions" from the State of New York, would be ac-
cepted b3' them.

James Rogers came from New Hampshire to
Londonderry, Vt. That town had been granted
by New York (bv the name of Kent) to said Rog-
ers Feb. 13th, 1770. He held a commission as jus-
tice of the peace and as assistant justice of an infe-
rior court in 1766, and 1772. In 1775, his politi-
cal situation and views were doubtful, both par-
ties supposing him to be a friend of their party,
probably for want of accurate information as to
his position. But on Buro^oyne's invasion he
joined the King's troops, and on Oct. 3d, 1777,
the Council of Safety took control of his prop-
erty and confiscated it in 1778. }*>ut in 1795, and
1797, on a petition of his son James, so much of his
property as had not been disposed of was returned
to him by the General Assembly. The property of
Tories and enemies was from time to time confis-
cated b}' the authorit}^ of the State.

The government of New York continued to keep
up a semblance of authority over the Grants, and
to commission various persons residing in the
Grants to carry out the will of New York govern-
ment. All such commissions and appointments to
oflfice, they thought, would serve to keep the peo-
ple loyal to the government of New York. But it
is evident that the people of the Grants were too
determined to maintain and guard their liberties
and rierhts, and to establish their absolute inde-

76 EARLY HISTORY

pendcnce as a separate power or as a separate
State of the Union, to be easily dissuaded by flat-
tery, or by the gift of emoluments, or a little brief
authority under the government of New York.
The Vermont Couneil of Safety and the Conven-
tions composed of committees, or representatives,
or delegates, from the different towns, acted inde-
pendent of New York in all of their deliberations,
and in appointing officers in their military force.

Jails were voted to be built, by the Convention,
of logs and earth, in Manchester, for the confine-
ment of Tories and other offenders. It was voted
by the Convention Sept. 2Sth, 1776, that, "as
it appears that the town of .\rlington are princi-
pally Tories, yet the friends of liberty are ordered
to warn a meeting and choose a Committee of
Safety and Conduct, as other towns." And at the
same meeting, voted to appoint Col. Seth Warner,
Capt. Heman Allen and four others a committe
"to prepare a citation to send to the State of New
York, to know if they have any objection to our
being a separate State from them." On January
15, 1777, a committee reported to the Convention
that, "we find by examination that more than
three-fourths of the people in Cumberland and
Gloucester Counties, that have acted, are for a
new State; the rest we view^ as neuters.'' And at
the same meeting it was voted that a committee
(naming them) prepare a draught for a declara-
tion for a new and separate State.

The next day the committee reported, viz.:
"Right 1st, That whenever protection is withheld,
no allegiance is due, or can of right be demanded ;"

OF VERMONT. / i

and secondly, they set forth fully their grievances
against New York and their monopolizing land
traders, and declared that the New Hampshire
Grants of right ought to be, and is hereby declared
forever hereafter a separate, free and independent
jurisdiction or State, by the name, and forever
hereafter to be called, known and distinghished by
the name of New Connecticut. On the 4th oi June,
1777, the name was changed to Vermont. Down
to tlie 17th da^' of January, 1777, certain dele-
gates from the New Hampshire Grants had served
as delegates in the New York Convention, and on
the last named date the Vermont Convention di-
rected that a letter be drav^'n directed to them,
that they would "on sight hereof withdraw
themselves from the Convention of the State of
New^ Y^ork and appear there no more in the char-
acter of representatives for the County of Cumber-
land." That County was not represented in New
Y^ork alter 1784. , The people of the New Hamp-
Grants, who were endeavoring to throw off all al-
legiance to New York, were not only severe on all
New^ Y'ork sympathizers, but the deacons of the
churches were severe with their members whose
conduct was not stricth^ in accordance with the
fourth commandment.

An anecdote is related about Dea. Session of
Westminister. A member of Parson Buelin's
church had shot a bear in his cornfield on Sunday,
and for this, excommunication was voted. When
the Parson attempted to read this document in
church, the accused, fully armed, rose to his feet
and brought his musket to bear on the Parson.

78 EARLY HISTORY

This SO shocked the nerves otthe Parson he handed
the document to Dea. Sessions to read. The dea-
con declined, sayinf^^, "all thin<j^s are lawful unto
me but all things are not expedient." The New
York sympathizers in Cumberland County had
appointed Dea. Sessions to represent them in New
York, and he found it also not expedient to con-
tinue to represent them in New York. The Con-
vention of the New Hampshire Grants under the
name of New Connecticut, on the 17th day of
March, 1777, published to the world their declar-
ation as a free and independent State

The first proclamation for a fast was issued the
7th day of June, 1777, by Joseph Bowker, Presi-
dent of the Convention, and by its order. It
was set forth in the proclamation that, "since
God has been pleased in his wisdom to visit the
inhabitants of this land with his judgements by
suffering our unnatural enemies to wage war
against us, the pestilence to prevail," etc., as a
just reward for the many prevailing sins, it called
upon the people for solemn fasting and praA^er. I
suppose this was an old theological view of God's
dealings with the children of men ; that it w^as a
world of special providences. But how different is
this from the more reasonable idea that every-
thing is worked out by God's natural laws ac-
cording to the principles of evolution.

On the 4th dav of June, 1777, the Convention
passed resolves as a sovereign body, and took ex-
clusive jurisdiction of the territory under the new
name of Vermont, and soon after, in July, 1777,
proceeded to frame and adopt a Constitution tor

OF VERMONT. 79.

the State. At this time the Convention was ver3^
much disturbed bv reason of a dispatch from Col.
Seth Warner announcing the advance of Burg03'ne
upon Ticonderoga, and calling for assistance.
And as a further soveringn act the convention as-
serted its right, as against New York, to the
County jail at Westminister, and issued orders to
a sergeant and six men to guard it.

Many of the militia of Vermont at this time
were with a part of the Continental army defend-
ing Ticonderoga under General St. Clair, but the
pressing needs of that General for assistance, and
at the earnest request of Col. Seth Warner, the
Convention took further measures to aid the com-
mon cause by furnishing more men and stores.
While the Convention at Windsor was in session,
a dispatch from General St. Clair was received,
announcing the evacuation of Ticonderoga on the
morning of the 6th of Juty, 1777, and the pursuit
of the retreating Americans by the British, and
the attack upon the forces of Col. Warner at Hub-
bardton on the morning of the 7th of July.

The Convention received a letter from General
St. Clair bearing date at Col. Mead's at Otter
Creek, July 7th, 1777, stating, among other
things, that, ''Finding that the enemy were ready
to attack, and that it was morally impossible to
maintain the Post with the handful of troops, and
at the same time considering how necessary to
the States it was to perserve our army, small as
it is, it was determined in a council of general offi-
cers, that the Post on Ticonderoga and Mount In-
dependence, should be evacuated and a retreat at-

80 KARI.Y HISTORY

temped to Skeensboronirh l)y the way of Castle-
ton," on his march to Bennington.

Before the Convention adjourned, a Council of
Safet3' was appointed to administer the affairs of
the State until some other provision in that re-
gard should be made. This was the first Council
appointed under the Constitution. Thomas Chit-
tenden, Ira Allen, Moses Robinson, Jonas Fay,
Joseph F'dy, Paul Spooner, Nathan Clark, and
Jacob Bayley were of the number of that Council
of Safety. The whole number was twelve, but it
is not certain who all the other four were. The
duties of this Council were onerous, delicate, and
confidential, and owing to the fact that the peo-
ple of Vermont had declared their position as an
independent and sovereign State, and had to con-
tend against a powerful enemy on the north, and
as New Hampshire on the east, Massachusetts on
the south, and New York on the west were striv-
ing to extend their jurisdiction over Vermont
lands, it required men of the best talent and of
reliable character, imbued with the most exalted
patriotism, to discharge the duties of the Ver-
mont Council.

This Council, and those they selected to aid
them, were vigilant and thorough in their work
in suppressing all action that was intended to
favor New York. Their faithful service was shown
in the case of Benjamin Spencer of Durham, now
called Clarendon. Spencer had held the office of
justice of the peace and assistant judge of the
court of common pleas under the jurisdiction of
New York. He and other New York officers in the

OF VERMONT. 81

neighborhood persisted in issuing writs against
New Hampshire grantees, and conveying lands
under New York title; and they were charged with
seducing and inveigling the people to be subject
to the laws and government of New^ York. Ira
Allen said he was "an artful, intriguing and design-
ing man." The Vermont leaders visited him with
a large body of men in the autumn of 1773, and
warned him to desist on penalty of suffering vio-
lence, which he did not greatly heed. They made
a second visit to him, and Spencer was arrested.
The people assembled when Ethan Allen an-
nounced that "the proprietors of New Hampshire
Grants had appointed himself, Seth Warner, Re-
member Baker, and Robert Cochran to inspect
and set things in order, and to see that there
should be no intruders on the Grants, and said
that Durliam had become a hornet's nest which
must be broken up." Spencer's trial immediately
commenced and he w^as required to stand up
with uncovered head. He was charged with the
above mentioned offences; in short with cudling
with the land jobbers of New Y^ork. He was
found guilty of all the charges, his house declared
to be a nuisance and must be burnt; and he was
required to promise that he would no longer act
as a New Y^ork magistrate. Spencer objected to
the destruction of his house and property, as it
would be cruelty to his wife and children. The
committee modified the order and simply required
the roof of the house to be taken off, to be re-
placed when Spencer w^ould accept it under the
New Hampshire title. This was agreed to, and

10

82 EARLY HISTORY

Spencer promised to no lonj^er act under New-
York, and he afterwards became a delegate in the
Convention at Windsor, pledging to stand by the
new State.

Other Yorkers were visited in like manner, with
salutary effect. When Burgoyne's army ad-
vanced into the country, Spencer sought personal
safety with the enemy at Ticonderoga, where he
died a few weeks afterw^ards. •

There has been considerable criticism of the con-
duct of General St. Clair in not defending Ticonde-
roga, and evacuating the place, and exposing the
country south, and western Vermont to the rav-
ages of the enem3^ And it has been asserted by
many that his conduct was not consistent with
loyalt\^ to the American cause. On this question
I here insert an address delivered by Hon. Lucius
E. Chittenden of New York, but formerly of Bur-
lington, Vt., before the Soldiers' re-union at Ben-
nington, Vt., on Nov. 5th, 1897. Mr. Chittenden,
as a writer on the early history of Vermont, is em-
inentW qualified to accurately state the facts, and
his address can be treated as good authority on
the historical facts related by him. The address is
worthy of being preserved in a substantial form,
and is as follows: —

"I come to address you when m^- life has "fallen
into the sere and 3^ellow leaf," and whatever of
ability to interest you I once had has left me, be-
cause I hope still to be competent to perform an
act of justice to one of the founders of independent
Vermont and to correct another chapter of the
false historv written about her before she had

OF VERMONT. 83

fought her way into the Federal Union. Of the
events with which you were personally connected
it would be presumptuous for me to speak. Of
these, you have your own historians who have
written with the bayonet and sabre as well as
with the pens of ready writers. Without further
preface, then, let nie come at once to the event
which forms my subject ^and which ushered in
upon this theatre the battle summer of 1777. It
is the second capture of Ticonderoga, and its
historian, Ira Allen.

"With the cur;-ent history of this capture, you
are familiar. It runs after this wise. Gen. Schuyler
w^as in command of the continental army at Sara-
toga; Gen. St. Clair held the twin posts of Ticon-
deroga, and Mount Independence on the Vermont
shore, the two being connected b3^ a bridge. The
army of Burgoyne w^as approaching by the lake
and along the w^est shore. St. Clair, who was
perfectly aware of Burgoyne's advance, had given
out that his force was quite sufficient to hold these
forts, if attacked, until he could be reinforced from
Schuvler's armv or from the militia of Vermont
and Massachusetts.

''But on the morning after Burgoyne appeared,
St. Clair was surprised to find that the British
had a batter3^ on the top of Mount Defiance which
commanded the interior of Fort Ticonderoga. This
position St. Clair supposed was im.pregnable. Find-
ing that the British had taken it and placed a bat-
tery upon its top w^hich commanded every square
foot inside the fort, there seemed to be no alterna-
tive between retreat and surrender. He therefore

84 EARLY HISTORY

summoiid a council of war, which with equal haste
decided to withdraw the army, partly in boats to
Skenesborough, now Whitehall, and partly on land,
via. Hubbardton, Castleton and a round-about
circuit through the woods, to Saratoga.

"This retreat was attended with disaster. That
by w^ater had scarcely commenced before the whole
region was lighted up ,by the burning buildings
on Mount Independence. The boats exposed were
attacked b^- the British and many of them were
captured. Only an insignificant remnant reached
Skenesborough.

"The retreat by land w^as more disastrous.
What became of Gen. St. Clair does not appear in
the current accounts. But it does appear that the
British pursuit under Gen. Fraser was immediate;
that within the first ten miles the retreat of the
continentals had become a rout, and that the reg-
iments of Francis and Warner, which held the rear,
were the onl}' regiments which undertook to pre-
serve their formation, and that these regiments
protected the retreat from destruction. At Hub-
bardton the}' halted.

"The continentals scattered, and a few of\hem
afterwards came in at Castleton and other south-
ern towns. Warner and Francis were attacked
the next morning b\' an overwhelming force of
British and Indians, and after a fierce resistance
in which over 300 of the British were killed, Fran-
cis fell and Warner directed his regiment to retire
and make their way as best they could to Manches-
ter. There the^- remained until the great da}^ of
Bennington, when Major Saftbrd led them by that

OF VERMONT. 85

night march through the mud to this town, and
brought them to their colonel in the field in time
to defeat the second column of British and Hes-
sians, and to turn a great battle into a great vic-
tory.

"It has been impossible for an^^one to read even
the most partisan account of the loss and retreat
from Ticonderoga and to suppress his suspicions
of the loyalty of Gen. St. Clair. . These suspicions
were rife at the time. Warner did not hesitate to
denounce him, and to declare that his treachery
caused the loss of the battle of Hubbardton and
the other calamities of that disastrous retreat.
There was a court of inquiry, but it was conducted
at a time when the country was rejoicing over
great victories ; Warner was a soldier w^ho had no
love for the role of a prosecutor; the inquiry was
very superficial and resulted in St. Clair's acquittal.
The account which I have sketched has therefore
become the accepted history of the second capture
of and the retreat from Ticonderoga.

'T propose to-night to inquire into the histori-
cal accuracy of this version. It is a subject in
which Vermonters are interested, for it concerns
the only defeat that has ever occurred on her soil.
It concerns also the reputation of her soldiers
and at least one of the founders of independent
Vermont who had much to do with bringing her
into the Federal Union.

My principal witness will be Ira Allen. As the
weight of his evidence depends upon the character
of the witness, you will ask :

Who was Ira Allen ?

86 HAKLY HISTORY

I answer that he was one of the founders of
Vermont. The first governor, assailed for his al-
leged favoritism to Ira Allen when he fell into pe-
cuniary difficulties, is reported to have exclaimed
with an indignation that he seldom exhibited,
that he "would not be the governor of a people
who found fault with him for helping Ira Allen.
For!" he said, "there would have been no Ver-
mont if there had not been an Ira Allen." When,
in 1774, the governor settled upon his Williston
farm, Ira Allen was making a survey of the Col-
chester lands, of which he became the owner. It is
quite possible that he knew Ira Allen in Connecti-
cut. Ira was the brother of Ethan, and the
youngest of a familv of nine children. We know
almost nothing about him until he came to the
New Hampshire Grants. There, he became one of
the most energetic of the leaders, always working
in close connection with Thomas Chittenden. He
was a born diplomatist and writer. He was the
author or editor of all the Allen pamphlets, which
are now so rare and so indispensable to Vermont
history. Vermont had no newspaper until 1778.
When it became necessary to make public some
new phase of the controversy with New York,
Ethan Allen would write it out and Ira would re-
vise it; or Ira himself would prepare a pamphlet,
procure a small edition printed in Hartford, Con-
necticut, and distribute it. In this wa}- the case
of Vermont in all its changes, was kept before the
Continental Congress and the public. He was
Thomas Chittenden's most able lieutenant. They
were present in all the conventions of the Grants,

OF VERMONT. 87

either as delegates or officers. Both were dele-
gates to the convention at Windsor on the sec-
ond ot July, 1777, when the first constitution was
adopted, and the members hastened home to resist
the advance of Burgoyne.

"The last act of the Windsor convention was
to name a Council of Safety to govern the new
State until the State government went into opera-
tion. Of that council of eight members, Thomas
Chittenden was made president and Ira Allen sec-
retary. It was agreed that the council should
meet at Manchester as soon as Allen could return
from Hartford, where he went to have the consti-
tution printed for distribution.

"What time Allen reached Manchester, we do
not know, for there is no record of the council
meeting there. It was probabl^^ about the middle
of July. In the meantime, disastrous events had
occurred. Ticonderoga had been evacuated ; the
battle of Hubbardton had been lost; St. Clair,
with the remnant of his continentals, was retreat-
ing toward Saratoga, and Burgoyne was pursu-
ing his triumphal march southward and the whole
frontier was open to the enemy.

"Warner, who was now satisfied with the
treachery ot St. Clair, had directed the men of his
regiment to separate and make their way as best
they could to Manchester, where he would meet
them. They obeyed his orders and about 150 of
them reached Manchester, where they remained
w^hile Warner went with Gen. Stark to Benning-
ton.

"Ira Allen then not onlv met Col. Warner at

88 EARLY HISTORY

Manchester, but he was there when Warner's
men, fresh from the retreat and the defeat at Hub-
bard ton, arrived there. He must have had means
of knowledge of the facts of that retreat almost
equal to that of having been personally present.
When, within a few years afterwards, he wrote
out the story, we may, I think, accept it as the
true history of the events in the order of their oc-
currence.

"Before I lay this interesting document before
you, I should explain how it came to be written.
After the war was over, Ira Allen purchased of the
French directory 15,000 muskets and 21 brass
cannon for arming the militia of Vermont. They
v^ere shipped from a French port in the 'Olive
Branch,' which was captured on the high seas
by a British ship and proceeded against in Admir-
alty on an unfounded claim that the cargo was in-
tended for use in Ireland.

**The case of the 'Olive Branch' is too dark a
chapter in English judicial history to be presented
in the time at my command. It began in Decem-
ber, 1796, when Gen. Allen was probably the
wealthiest man in Vermont. It ended in Febru-
ary, 1804, when he was a ruined man who could
not return to Vermont without being imprisoned
for debt. The ship and cargo was discharged be-
cause no s^^llable of evidence against them was
ever produced. There was no justificatian or apol-
ogy for the capture, and yet Gen. Allen was con-
demned to pay the captor's costs, amounting to
some four thousand dollars.

"To anyone desiring to understand the scien-

OF VERMONT. 89

tific process of the ruining a man by litigation,
where the party is a nation having one of its own
judges at command, I recommend the study of Ira
Allen's account of the 'Olive Branch,' published in
1805. It comprises 550 closely written pages and
is a history of judicial oppression and tyranny
which w^ould be incredible w^ere it not supported
by documentary proof. It accomplished its in-
tended purposes, for it crushed the most patriotic,
brilliant and deserving of the early Vermonters,
and drove him to his death in exile and in pov-
erty'. It is not agreeable to me to be compelled to
make the admission that \yq do not even know
where his body lies buried.

"The 'Olive Branch' is the first reported case in
the British Court of Admiralty. Ira Allen deter-
mined that such an exhibition from the English ju-
dicial bench should not be lost to posterity. He
paid for the report, and the case now stands at
the head of a long list of reported cases in which
no parallel to it can be found. I will give you one
example from the report.

"Sir James Marriot was an irritable old man
long past his usefulness, if that condition ever ex-
isted. Mr. Pitt had offered him a pension for life
and an Irish peerage if he would resign. But he
would not be tempted. The 'Olive Branch,' how-
ever, was his last judicial appearance. He was
succeeded by that able judge. Sir Walter Scott,
who w^as one of the counsel for the captors of the
'Olive Branch.'

"On a motion for the discharge of the 'Olive

Branch,' while the counsel for the claimant was
n

90 p:akly history

pointing out that there was not one S3^11able of
proof to sustain the allegation of the eaptors,
Judge Harriot burst in upon him with this fulmi-
nation :

" 'Why, Doctor Nicholl ! I am surprised that you
will attempt to support such a cause. What !
the State of Vermont want 20,000 stands of
arms? No such thing; 400 or 500 would be
enough for them. W^h3% they are a \'oung, sucking
State. The people are a banditti, transported for
crimes from France and England ; not well settled
in government. These arms may be intended for
use against Mr. Washington. The claimant is like
Romulous and Remus who suckfed the wolf, full of
fight and revolution. I knew he was a military
man by his step on the floor and his name (Ira),
which denotes rage, revenge and madncos.' The
lawyer who reads this paragraph will not be sur-
prised that Judge Marriot condemned the cargo
of the 'Olive Branch.' True, it was held on appeal
that there was not a particle of evidence to sustain
the finding, but Judge Marriot was not embar-
rassed by a little fact like that. He would prob-
ably have condemned the ship if the captors had
not consented to her discharge.

"Why was Ira Allen dogged to his ruin by Brit-
ish emissaries ? Unfounded suits for hundreds of
thousands of dollars were commenced against him
by London traders, in which he had to give bail.
The^^ pursued him to Paris, had him arrested and
confined, without fire or light, in the cold of win-
ter, in the prisons of the Temple and St. Pelagic.
And when finally he compelled a decision in his fa-

OF VERMONT. 91

vor, it was with the singular condition that he
must pa3" the captor's costs of three thousand
three hundred pounds. For Ira Allen was a
fighter. Through these seven years he had stood
as the vindicator of Vermont in London. There
he wrote his history in her defence. There he com-
pelled even Judge Marriot to retract his libels on
the people by showing that Vermont was settled
hj the best emigrants from Connecticut and other
New England States, and he never gave up the
fight until though ruined in fortune, he was vindi-
cated as a Vermonter.

"The treatment of Ira Allen is so contrary to
British notions of fair play, is apparently so
causeless and inexcusable, that many have long
believed in and looking for a secret and deep-
seated cause for it. I have been one of their num-
ber, and I now believe that cause is susceptible of
explanation. I shall make no apology for at-
tempting to explain it, for if I succeed I shall have
made a valuable contribution to our early history.

"The Aliens' were a family of fighters. Ethan
had captured Ticonderoga, invaded Canada, and
when captured and made a show in England,
had never failed to beard the British lion and
show his contempt for him at every opportunity.
Ira was not a soldier, but he was the most adroit
and skilful of the early leaders. It was largely
through his influence that Vermont, when rejected
by Congress and opposed by the surrounding
States, instead of yielding to the apparently inevit-
able, became independent and stood upon her own
resources.

92 EARLY HISTORY

"And there came a time when it seemed that
the Vermonters must yield. It was after the win-
ter at'Valley Forge. The military strength of Ver-
mont of males from 16 to 45 was over 7000 men,
and the}' were almost all in the army. Warner's
regiment of Vermonters was withdrawn from the
State and put under continental authority. Every
gun, even the spades and pick axes, had been or-
dered out of the State for the use of the 'army.
Then it was that Governor Chittenden made a
statement of the facts to General Washington and
showed that the whole frontier was open to Brit-
ish invasion, and asked him what the Vermonters
were to do. Washington replied in substance,
admitting the truth of the governor's statement,
and stating that the fate of the war depended
upon keeping his army together; that there was
no other way to do it, and that the Vermonters
must be left to take care of themselves.

"And this occurred just at the time when the
British agents were tempting our generals wnth
bribes of money and place. Arnold yielded, but he
was the onh- traitor. The same agent, Beverly
Robinson, made similar offers to Ethan Allen, and
his response to the tempting offer was to send the
letters which made it, to Congress.

"It was then that Ira Allen preformed the great
act of his life — an act for which Vermonters should
honor his name and defend his memory. The
famous Haldimand negotiation for a truce and an
exchange of prisioners was opened and its manage-
ment was entrusted to Ira Allen. I cannot here
go into details. I can onlj' speak of its results.

OF VERMONT. 93

The whole Northern frontier was open and un-
defended. On one side of it lay Vermont and a
part of New York; on the other were ten thousand
disciplined British regulars, and there they lay all
through the 3^ears 1780 and 1781, and until the
capture of CornwalliS and his army put an end to
the war and secured the independence of the United
States of America. And the entire negotiations
were conducted with sbch diplomatic ability and
skill that no accusation was ever made of the
slightest deception, misrepresentation or unfair-
ness on the part of Ira Allen or his associates.

"Until the logic of facts convinced him of his
error, Allen relied confidently upon the impar-
tiality of the Court of Admiralty, and w4th Sir
Thomas Erskine, one of his council, referred to his
services in the Revolution as not discreditable to
his standing in a British court. When confined in
the Temple prison in Paris in November, 1791, he
had addressed a letter to the French Directory
showing that himself and his family had been in-
fluential in ripening and bringing about the Revolu-
tion, in the capture of Ticonderoga, in cutting off
the right wing of Burgoyne's army, and in keeping
the British in Canada, inactive in 1780 and 1781.
This letter was before Judge Marriot's court, and
there are powerful reasons for supposing that had
much to do with influencing Judge Marriot's de-
cision. In fact, it is impossible to account for the
temper and partiality of that decision in any other
way. If the purpose existed to ruin Allen in return
for his success in theHaldimand negotiation, Judge
Marriot proved to be a very willing instrument in
carrying that purpose into execution.

94 EARLY HISTORY

"That Allen believed that the court was influ-
enced by the prejudices excited figainst him is evi-
dent from his own comments upon the case. On
page 390 of the report, he says : 'In the course of
events that took place in the Revolutionary War,
British gold was repeatedly crfifered to my deceased
brother, Col. Ethan Allen, the late Col. Joseph
Fay and the claimant.'

"If the exertions of the Council of Safety in Ver-
mont disconcerted any mysterious plans of the
British cabinet and their generals and thereby con-
tributed to the capture of Burg03me and his army,
it might have been the means of raising greater
prejudices against the claimant in the Court of
Admiralty. If these early exertions in defense of
his native country, (for he was an active member
of the Council) furnished ground for a judge of the
Court of Admiralty to impeach his character and
condemn his property, taken on the high seas, it
must be a hard case if it does not furnish some
support of his character and rights in the United
States against the speculators there, engaged in a
conspiracy against him. »

"I think as Allen's countrymen we may ask if it
v^^as not intended to punish Allen for defeating the
projects of the British in Canada. Wh}^ does Judge
Marriot, after being driven from the first ground
stated in his sentence of condemnation, at this late
period in the trial in the Court of Appeals aban-
don these suggestions about Ireland, and then
raise suspicions without one syllable of evidence,
after near two 3'ears diligent inquiry respecting
hostile designs against the Canadians?

OF VERMONT. 95

"After the decision in his favor, which, at the
end of eight years of litigation had ruined him, was
too late to be of any value, Allen made some at-
tempts to secure indemnity for his losses from the
British government which he believed was respon-
sible for Judge Marriot's conduct. In this he
failed ; and then for his own vindication he wrote
and published the history of the litigation and the
matters connected with it. The volume is now^ of
great rarity, and most indispensible to the early
history of Vermont. In it occurs the document to
which I have already called your attention. It is
entitled 'Ticonderoga Evacuated.' I can onh' give
it in a condensed form as follows : —

"On the 6th day of July, 1777, while it was yet
dark, the Americans evacuated the garrison of Ti-
conderoga and its dependencies, previous to which
the commandant had requested assistance from
the militia of Vermont in virtue of which about
nine hundred and fift^' militia men had assembled
at said garrison ; some officers that were members
of a convention to form a constitution for said
State had been excused that service on the frontier
and gone to Windsor. The militia of Vermont
were united in one regiment under the command
of Col. Moses Robinson and Major Heber Allen
as field officer; Joseph Fay, as adjutant; James
Brooklings, as quartermaster.

" 'This regiment was quartered within the fort
in the barracks, and, as the continental troops
were without and around therfi, it was said by an
old aid-de-camp of the general that it was not nec-
essary to keep out guards, and when they were

96 ' EARLY HISTORY

wanted to man the lines they would be notified.
In this situation, said regiment remained from
their arrival on Thursday until Saturday evening,
when they received orders to lie on their arms as
they might be called on to man the lines before
daylight. Towards day, Col. Robinson, being un-
well, called on Adjutant Fay to get him some wa-
ter. On his going out, he saw the general's house on
fire, by the light of which he discovered that all the
tents were struck and removed, and not a man to
be seen on the ground. He immediately returned
to Col. Robinson with this information; the regi-
ment was ordered to parade, when Col. Robinson
ordered Major Allen to take the front and march,
quick time, to Mount Independence, and brought
up the rear himself. Just as the front entered on
the bridge to pass from Ticonderoga to said
Alount, the British arrived at the outposts, as ap-
peared by their firing and shouting for success. As
the rear left the bridge, the British shipping in the
lake were bearing down under a press of sail.

" *I pause here to ask : If this account is true,
what becomes of the discovery of the battery on
Mount Defiance and the council of war, in the St.
Clair version, which advises the evacuation? '

"Allen's account continues that when the regi-
ment had marched about a half mile to the top of
the Mount, Alajor Allen found two regiments of
continentals there and ordered his own to halt.
The vessels had then reached the bridge and com-
menced firing.

" 'But for the providence that led Col. Robinson
for water,' continues Ira Allen, 'in twentv minutes

OF VERMONT. 97

more, nearly 1000 Vermonters would have been
prisoners to Gen. Burg03^ne. For neither Gen. St.
Clair, or anv of his officers, had given Col. Robin-
son the least information of the intended evacua-
tion, although Robinson's regiment comprised
nearly one-fourth of St. Clair's army, and every
man but that regiment had crossed the bridge, or
gone by water toward Skenesboro, a considerable
time before.'

"On the top of Mount Independence, Major Al-
len found Gen. St. Clair and two regiments of con-
tinentals. St. Clair seeing the Vermonters halted,
asked: 'What regiment is that?' 'Col. Robin-
son's', was the answer. 'What!' exclaimed St.
Clair in a tone of surprise. 'Of the militia?' 'Yes,'
replied Major Allen, 'of the militia.'

"I remark here, as Ira Allen implies in a note,
there were good reasons for St. Clair's surprise.
He had stolen aw^ay in the silence of the night,
leaving his regiment to be made prisoners to I^ur-
goyne, and now they were here, under their ow^n
officers, in no temper to be trifled with by the trai-
tor who had intended to betray them.

"According to Allen's account, St. Clair under-
took to assume the command just as though
nothing had happened. He ordered the Ver-
monters to remain where they were until all the
continentals had passed and then to bring up and
protect the rear, thus exposing them to all the
danger of the actual pursuit of the enemy, which
he knew was inevitable.

"Major Hebar Allen was sufficient^ convinced
of St. Clair's treacher^^ to Vermonters to justify

12

98 EAKLY HISTORY

him in repudiating his authority and disobeying
his orders. Ira Allen's account states that the
major told St. Clair to his face, and with emphasis
that the regiment did not come there to guard the
continentals but to assist them ; and turning to
the regiment gave it the order to march.

"St. Clair then ordered Warner to guard the
road of the retreating continentals. Warner re-
plied that 'by the rules of war, his place was in the
front and not in the rear, but he could only obey
orders.'

"The retreat then began by the road to Castle-
ton. Within the first mile it become a panic-stricken
rout. The continentals did not attempt to pre-
serve their formation and broke up in the utmost
confusion. The panic was increased when St. Clair
and his staiT, on horseback, dashed through and
rode down the crowd until they reached the front.

"Within the first five miles, Warner repeatedly
sent to the front to halt until some order could be
restored. No attention was paid to him. Then
Warner himself rode through the crowd until he
overtook St. Clair and demanded 'What in the
name of God' he meant by such confusion? said
that there was neither front, rear or flank guards,
nor one regiment or company together; that no
officer knew his men nor men their oflScer; and
that a small party of the enemy would capture the
whole body. St. Clair then ordered Warner to
stop and see that the men passed in files, and then
to take the rear. St. Clair and his aids kept the
front to Lacey's camp, fifteen miles from Mount
Independence. He then ordered the men to halt

OF VERMONT. 99

and sit down on each side of the road. Major Al-
len with about 200 men ot the Vermonters, appre-
hensive that parties of the enemy were by this
time distressing their families, were marching with
trailed arms until the3' came up with St. Clair,
who ordered them to halt. No attention was paid
to his orders; he then gave peremptory orders for
them to halt or he would order the continentals
to fire on them. 'Fire and be damned, if you dare,'
was the indignant reply of Major Allen. His men
cocked their guns and marched past St. Clair. In
about a mile they discovered the trail made by
a part3^ of the enemy, which they crossed and
marched rapidly to Castleton Mills, which they
found in possession of the enemy. Robinson's men
were then ordered to disperse, and each man was
directed to go to the defence of his family and
home, for these men all lived in the frontier towns.
"At Hubbardton, Warner found the regiments
of Francis and Hale, and with them decided to
wait for the attack of the pursuing enemy. The
next morning they were attacked by the British
under Colonel Fraser and a force of nearly twice
their number. The regiments of Warner and Fran-
cis defended themselves with their usual courage,
inflicted a loss on the British of over three hundred,
and would have defeated them had not Francis
mistaken a movement of Warner to a less exposed
position for a retreat. Francis was killed, and
Warner ordered his men to disperse and make their
way to Manchester. St. Clair had reached Castle-
ton when he heard the guns of the battle at Hub-
bardton, Several of his officers wished to go to

•>arsj.o

■i^*^
/

100 EARLY HISTORY

the assistance of the Vermonters, but St. Clair for-
bid them. Capt. Fletcher of the militia ordered
his company to leave their packs with the guard
and follow him. St. Clair ordered them to stop.
Hut Fletcher and his men went on until the\' were
met with the news of the defeat. Then the brave
St. Clair with the <^uns of Hubbardton booming
in his rear, continued his flight to Rutland, Claren-
don, Wallingford, Kardwick, Manchester, Sunder-
land, Arlington, White Creek or Salem to General
Schuyler's headquarters at Saratoga.

''This was a circuit of thirty- miles and left this
part of Vermont exposed to the ravages of the
enemy. Warner's men gave the people some assist-
ance in saving their cattle and goods; Capt. Gid
Brow^nson made a stand with his company at
Pawlet until Warner collected his men at Man-
chester.

"Ira Allen further says that St. Clair was a citi-
zen of Pennsylvania, that the grants of that State
covered lands previously granted by the Colony of
Connecticut to the Delaware and Susquehanna com-
panies; that disputes existed between the claim-
ants and blood had been repeatedly shed; that in
1 778 a great part of the settlers under said com-
panies had been killed by the common enemy, and
that St. Clair participated in the prejudices of Penn-
sylvania against Vermonters and other men of
New England origin.

"The remaining portions of Allen's article, while
they are not pertinent to the loyalty of St. Clair,
are of great interest to Vermonters. He said that
circumstances in l780 led the Vermonters to be-

OF VERMONT. 101

lieve that their frontiers were left exposed to the
enemies through the influence of the land claimants
of New York. But the negotiations and truce be-
tween the British in Canada and the Vermonters
protected her aHke against the British and the in-
trigues of the land claimants of Xew York.

"The capture of General Burgo^me and his army
(continues Allen) was of the first consequence to
the cause of the United States from its more than
threefold effect; first in uniting and strengthening
the people and their armies; second, in discourag-
ing the British, Hessian and Loyalist troops in
America, strengthening the minority- and opposers
of the war in England; thirdh', it enabled the
United States to make a treaty with the French
nation in 1778 which brought the French fleets
and armies to their assistance and opened the
French ports to the cruisers of the United States ;
and, finally, the truce between Vermont and the
British in Canada, kept 10,000 troops inactive in
1780 and 1781, and enabled General Washington
to recall his forces from the north and concert
measures with the French Admiral and General
for the capture of Cornwallis and his army.

"There is much more of interest to Vermonters
in this record of Ira Allen's, but I must not further
trespass upon your time by its presentation. You
have done great things for the honor of Vermont ;
you may yet do one more. Y^ou may advocate
until you secure a histor\^ of earh^ Vermont which
shall do full justice to the members of the Vermont
Council of Safety. Then will the storv of the
battle summer be remembered as long as the de-

102 EARLY HISTORY

feat of Pickett's charge, and the name of Ira Allen
and George J. Stannard shine in her annals with
equal and undiminishing lustre.

"Comrades: You are standing on consecrated
ground. Bennington, like the field of Gettysburg,
has been enriched by the blood and hallowed by
the devotion of brave men. Our fathers have made
it renowned while the bronze monument of Cata-
mount Tavern stands. If 3'ou would know of
what metal they are made, come here and see.

"It is July of the battle summer of 1777. The
Green Mountain Boys have captured Ticonderoga,
swept the British from the lake, pursued them into
Canada, and everywhere been swift to answer
every call of the Revolution. But every adjoining
colon\^ is against them now% and is w^aiting to
pounce upon its share of dismembered Vermont.
Congress has shut the doors of the Union in their
face and advised them to make new terms with
New York, which thev have defied for fourteen
3'ears. Their answer to such gratuitous advice
was to declare Vermont independent, w^th the
Windsor constitution as their charter, and then
they disperse to defend their homes.

"For now, a new peril threatens them. The un-
defended frontier is fringed w^th the invading hosts
of Burgoyne, swooping dow'n like Goths upon
Roman Italy to burn, plunder and sla3^ Their
able-bodied men with their arms, and even their
axes, picks and shovels, are far away with the
Continental arm}', and this 3'ear boys and women
will gather the harvests. The need of the hour is
armed men ; and they must be had or Vermont

OF VERMONT. 103

must fall. Ticonderoga has been abandoned; the
battle of Hubbardton has been lost, and the
traitor St. Clair is swinging around a great circle
as far as possible from Vermont and from danger.
The Coucil of Safet}- has met in Manchester, and
as that is now a frontier town, had adjourned to
meet at the house of Joseph Bradley in Sunderland.
"That meeting was not unlike that other on
the day of Pentecost. The apostles were not more
faithful to their risen Lord than these men to Inde-
pendent Vermont. We can almost see the cloven
tongues, like as of fire, that sat upon each one of
them, so filled were the\^ with the spirit of liberty.
Like the apostles, too, th^j had their Judas. His
name was Spencer, of Clarendon, who had on that
day deserted to Burgoyne, and with St. Clair be-
came the onh^ traitors who disgraced our history.
• "These councillors lacked neither faith nor
courage, but they could not achieve impossibilities.
They could not bring gold for brass nor silver for
iron, nor could they sow dragon's teeth and have
them spring up armed men. All that long day they
debated and consulted until the going down of the
sun, but they had accomplished nothing. Then
they agreed to adjourn to meet at sunrise next
morning.

"Before the adjournment the president rose,
(not to make a speech) Daniel Chipman said he
was never known to make a speech, and the near-
est he came to it was to make a suggestion. He
made a suggestion now, in his ordinary tone, free
from excitement but full of determination. 'The
men must be enlisted,' he said, 'a full regiment,

104 EARLY HISTORY

and armed ready for the field, and fed and paid.
We will put that proposition behind us. It is not
open to discussion.' *I agree to the necessity, 'said
one, 'but how can it be done when we have neither
the money nor the means of raising it? ' 'I don't
know how we are to get it,' said the president,
'but my wife has a string of gold beads and I have
ten head of fat cattle. We will begin with the
beads and the cattle, and trust the Lord to show
us what then to do.'

"From this point I read from Record: 'We ad-
journed to meet at sunrise. One member of the
Council who had spent the night alone concerting
plans to raise the money, early in the morning
proposed that the Council appoint Commissioners
of Sequestration, who should seize on all the prop-
erty' of those who had joined the enemy, sell it at
auction, and pay the mone^' to a treasurer, to be
appointed, for the use of the State. The plan was
adopted which, it is supposed, confiscated the first
property of the kind in the United States. The
treasury was well supplied with money to defray
the expenses of the government and to pa\'
bountv, wages, and equip a regiment fit for service,
under the command of Colonel Samuel Herrick, in
about fifteen days.' I need scarcely add that the
member who walked his room all that night ; who
devised the plan, and who wrote this modest
record in which his name does not appear, was
the youngest member of the Council, Colonel Ira
Allen."

OF VERMONT. 105

A Convention was summoned by the Council of
Safety to meet at Windsor on the 24th of Decem-
ber, 1777. They met and revised the Constitution
which had been framed, but postponed the election
under it vnitil the first Tuesda}^ of March, 1778,'
and the sitting of the Assembly till the second
ThursdaA^ of the same month. At this time there
was no printing press establishment in Vermont,
and Ira Allen procured the printing of the revised
Constitution at Hartford in Connecticut. The
Convention was fearful that if the ratification of
the Constitution was submitted anew^ to the
people it would be rejected. They, therefore, con-
cluded to keep the ratification of it within as small
a circle as possible, and keep its ratification away
from the voice of the people further than was
vested in the Convention by the delegates who
were authorized to form the Constitution. The
Constitution was so framed that legal means
might be taken to alter or amend it once in
seven years, agreeable to the will of a majority of
the freemen of the State.

It has been noticed that the influence of Con-
gress had been rather against the formation of the
new State. And the intrigues of New^ York to
divide the people would endanger the ratification
of the Constitution if it was submitted to the
voice of the x^eople; so but little time and oppor-^
tunity were given the people to discuss the merits
of the document, or to stir up opposition to it.
Allen returned with the printed Constitution from
Hartford, Conn., only a few days before the gen-
eral election. The friends of the Constitution were

13

106 KAKLY HISTORY

induced to attend the meetings in the several local-
ities for the election of rej^resentatives, and to take
the freeman's oath. By this means representatives
were chosen to the Assembly that was to meet at
Windsor on the 12th of March, 1778. The repre-
sentatives met, and the votes ot the freemen that
had voted for Governor, Lieutenant-Governor,
Treasurer, and twelve Councilors, were sorted
and counted, and those who had a majority of
votes for the respective offices were declared
elected. Bennington was the only town that
objected to the Constitution for want of a proper
ratification oi it, but as the Assembly approved of
it, the objection died aw^ay, and the people of the
State were satisfied.

The Constitution \vas, in the main, a copy of
that of Pennsylvania, which was recommended as
a model by Dr. Thomas Young, the early friend of
Vermont; and w^ho was influential in adopting the
name Vermont for the State. The Constitution
had the approval of Benjamin Franklin. There
was added to the declaration of rights that was
not in the Pennsylvania declaration, viz.: "There-
fore, no male person born in this country, or
brought from over sea, ought to be holden by law
to serve any person as a servant, slave or appren-
tice, after he arives to the age of 21 years, nor fe-
male in like manner, after she arrives to the age of
18 years, unless they are bound by their own con-
sent after they arrive to such age, or bound by
law for the payment of debts, damages, fines,
costs and the like." Vermont was thus the first
of the States to prohibit slavery by constitutional

OF VERMONT. 107

provision, a fact of which Vermonters may well be
proud.

The legislative power was vested in a single
Assembl3' ot members chosen annually by ballot
bj' the several towns in the State; each town was
entitled to one representative only, unless it had
more than eighty taxable inhabitants, when they
were entitled to two.

The executive authority w^as vested in a Gov-
ernor, Lieutenant-Governor and twelve Councilors,
elected annually by ballot of the whole freemen of
the State. The legislative powers of the Coun-
cilors was simply' advisory, but bills were allowed
to originate in the Council. The judges of supe-
rior courts were elected annually by joint ballot
of the Council and Assembl3^

The people of the State were so completeh- set
against any kind of slavery that the Assembly at
its October session enacted, '*that if any person
shall hereafter make sale of any subject of this
State, or shall convey or attempt to convey anv
subject out of this State, with the intent to hold
or sell such person as a slave," and should be con-
victed thereof, the^^ should forfeit and pay to the
person injured 300 pounds and costs of suit. In
Novemember, 1777, one Dinah Mattis, a negro
woman, with Nancy, her child, who were incus-
tody of the British army, were taken prisoners,
with some soldiers. Ebenezer Allen, a captain in
the Vermont service, immediately^ gave her and her
child a deed of manumission.

The Allen family w^ere most closely identified
with the early histor\' of the State, and were dcr

108 p:arlv history

sccndants of Samuel Allen, who resided at Chelms-
ford about 16'52. Joseph Allen of Litchfield and
Coventry, Conn., married Alary Baker, daughter
ot John Baker, March 11, 1737. From this mar-
riage sprang Gen. Ethan Allen, who was born at
Litchfield, Conn., Jan. 10, 1738, also, later,
Heman, Lydia, Heber, Levi, Lucy, Ziniri and Ira.
Col. Ira Allen died at Philadelphia, Jan. 7th. 1814,
in the 62d year of his age.

Ethan, Heman, Zimri and Ira Allen and Re-
member Baker constituted the "Onion River Land
Co.," and became extensive proprietors of land in
the State. Their lands were estimated to be
worth from one to one and a half millions of dol-
lars. The controversy with New York involved
the title to their lands, and undoubtedly the great
value of which stimulated their zeal, courage, per-
sistent and successful efforts for the independence
of the State.

The character and fate of the sons of Joseph
Allen were different. Heber and Zimri did not be-
come very prominent. The time of General Ethan
Allen, when he might have been of the most use to
his country, was spent in a British prison, and he
died at the age of 51. Heman died in the 29th
vearofhis age, but his life opened with promise.
Levi was brilliant and daring, but "unstable as
water," and his life was a failure. Ira attained
the greatest age and rendered the most numerous
and valuable service, but his great wealth was
wasted through protracted litigation ; he was
forced to leave the State to preserve his personal
libertv from exacting creditors, and died in pov-

OF VERMONT. 109

erty. In a letter to Eleazer Keyes, July 3d, 1810,
after stating he had failed to obtain justice in
Great Britain and Vermont, and the injury to his
health by British, French and Vermont prisons,
said, "he left Burlington in 1803: 'skin for skin,
yea all that a man hath will he give for his life,' "
and wanted to know if these were the rewards for
exertions for the independence of Vermont and the
United States? He came to Vermont when 21
years of age, and rose to the position of Major-
General of militia, and was busy with his pen in
the interest of Vermont, and conducted the diplo-
matic correspondence with Gen. Haldimand; he
was one of the commissioners who amicably set-
tled the long and violent controversy with New
York that insured the admission of Vermont to
the Union, and was the founder of the University
of Vermont.

Thomas Chittenden, who was born at East
Guilford, Conn., Jan. 6, 1730, was one of the most
remarkable and important men that figured in the
earh" history of Vermont. He was Colonel of mili-
tia and a justice of the peace. In 1774, he settled
in the valley of the Winooski at Williston, from
w^hence he was driven by the invasion of the Brit-
ish in 1776; and dwelt in Pownal and Arlington
till 1787, when he returned to his homestead in
Williston. He was a member of the Vermont Con-
vention, President of the Council of Safety, and
was Governor from March, 1778, with the excep-
tion of one \'ear, until he resigned a short time be-
fore his death, which occurred August 25, 1797.
He had but acommon school education, and in his

110 EARLY HISTORY

youth was not devoted to books and study so
much as to athletic sports, but he had an intuitive
insight into all men with whom he came in con-
tact and into all questions he had to decide.
Ethan Allen said, "he was the only man I ever
knew who was sure to be right in all, even the
most difficult and complex cases, and yet could
not tell or seem to know why it was so."

When the Convention at Windsor adjourned,
July 8th, 1777, Ticonderoga w^as in the hands of
the enemy, Warner had been defeated at Hubbard-
ton, Burgoyne was rapidly advancing into New
York on the western border of Vermont, and Gen-
eral Howe wMth another British army was moving
up North River to enable General John Burgoyne
to join him. General Schuvler, in command of the
Continental troops, was l^^ing with his army be-
tween the two British forces. One part of Bur-
goyne's forces w^ere threatening the American
stores at Bennington. Under this state of affairs
active measures must be immediately taken by the
Vermont Council of Safety against the invasion of
her territory by the Army under Burgoyne.

Ira Allen, Secretary of the Council, on the 15th
of July, 1777, addressed a letter to the New Hamp-
shire Council, urging their assistance, and said to
them that, "unless we can obtain the assistance of
our friends so as to put it immediatel3' in our
power to make a sufficient stand against such
strength as they may send, it appears that it w^ill
soon be out of the power of this State to maintain
a frontier," and New Hampshire would become
the frontier. Meshech Weare, President of the

OF VERMONT. Ill

New Hampshire Council, replied in substance that
three battallions under command of Brigadier-Gen-
eral Stark would be forthwith sent into the State
to oppose the ravage? and the coming forward of
the enemy. Allen also communicated the alarming
rumors to Gen. Philip Schuyler, who replied by
letter dated at Fort Edward, July 16th, 1777,
that, *' As an officer of the Honorable the Congress,
who represents the 13 United States of America, I
cannot with propriet^^ take notice of the 14th
State, unknown in their Confederacy," but urged
the Vermonters and the New Hampshire forces to
co-operate in repelling the invasion of the British.

Stark came on with the New Hampshire forces,
but refused to act under the Continental officers.
A party of militia came on from Massachusetts to
the aid of Vermont, and a regiment was raised in
Vermont, and Samuel Herrick appointed its Colo-
nel. No sooner had Gen.Schu3der, a citizen of New
York and commander in chief of the Northern
army, heard of the raising and the presence of
these forces in Vermont to oppose the British than
he sent orders to the militia of Massachusetts and
to Colonel Herrick's regiment to repair to Sara-
toga. The Massachusetts regiment had to obey,
according to the regulation of Congress, but the
Council of Safety superceded Gen. Schuyler and
gave orders to Col. Herrick to remain within the
State of Vermont.

This occasioned some sharp correspondence be-
tween Gen. Schuyler and the Council of Safety.
On the 13th of August, 1777, the Council of Safety
issued a circular to the Colonels of the State mili-

112 EARLY HISTORY

tia. orderin<^ them to re])air to Bennington with
their men, as the Couneil had just l^een informed
that the enemA^ were within twelve miles of that
place and doubtless there would be an attack at
or near that place within twenty-four hours, and
that they had the assistance of Maj.-Gen. Stark
with his bri<^ade, and to hurr\' what Rangers were
recruited forward with all speed, and said, "Now
is the time, sir." And on the loth of August,
1777, the Council issued an order to send by ex-
press all the lead they could collect, "as it is ex-
pected every moment an action will commence
between our troops and the enemy's, within four
or five miles of this place, and the lead will be
positively wanted."

The battle of Bennington was fought on the
16th of August, 1777. During the engagement,
Jonas Fay, the Vice-President of the Council,
wrote the following letter and order : —

"State of Vermont, in Council of Safety,
Bennington, 16th August, 1777,
6 o'clock [p.m.]

"Gentlemen: Brig. -Gen. Stark from the State
of New Hampshire, with his Brigade, together
with the militia and compan}^ of Rangers raised by
this State, with parts of Col. Symond's regiment
of militia, are now in action, with a number of the
enemy's troops assembled near this place, which
has been for some time very severe. We have now
in possession (taken from them this da3') four
brass field pieces, ordnance, stores, etc., and this
minute four or five hundred prisoners have arrived.
We have taken the ground, altho fortified by en-
trenchments, etc., but after being driven about
one mile, the enemv being re-enforced, made a sec-

OF VERMONT. 113

end stand, and still continue the action. The
loss on each side is doubtless considerable. You
are therefore in the most pressing terms requested
by Gen. Stark and this Council to forward the
whole of the militia under your several commands
to this place without one minute's loss of time: —
they will proceed on horseback with all ammuni-
tion that can be provided conveniently. On our
present exertions depends the fate of thousands.
I am, gentlemen, Your most obt. servant,

Jonas Fay, Vice-President

To the Gentlemen Officers nearest]
this place commanding Regiments [
of Militia in the several United [

States." J

Notwithstanding the continuance of the war
with Great Britain, the New Hampshire Grants
insisted upon maintaining the title to their lands
against the authorities of New York. After the
New York authorities had granted lands in
Vermont in violation of the order of the King in
Council, July 24, 1767, and taken measures to en-
force the Grants to yield to the claims of New
York, an organization of the Green Mountain
Boys was formed for resistance, in which Ethan
Allen, Seth Warner, Remember Baker, Robert
Cochran and Gideon Warren were captains. They
resorted to chastising Yorkers who interferred of-
fensively, "with twigs of the wilderness." Hugh
Munro, an old offender, v^as lashed three times,
each time till he fainted, w^hen his wounds were
dressed and he was banished from the State.

Others were dealt with in a similar manner,
whereupon Gov.Tyron of New York issued a proc-
lamation, Dec. 9th, 1771, offering a reward for the

14

114 EARLY HISTORY

arrest of each, of the captains. Said Munro gath-
ered in New York a posse of ten or a dozen men
and repaired to the house of Remember Baker of
Arlington to arrest him under Gov. Tyron's proc-
lamation, and about daylight on the morning of
March 22, 1772, broke into the house, wounded
Baker and his wife, maltreated his children, and
retired into New York with Baker as a prisoner.
Munro was pursued and Baker was rescued. In
1777, Munro fled to Burgoyne,s camp, and the
Vermonters confiscated his property. He was for-
ever proscribed, with other New York sympathiz-
ers, by the Vermont Act of Feb. 26, 1779.

Doctor Samuel Adams settled in Arlington in
1764, and he advised and urged the New Hamp-
shire Grantees to purchase the New Y'ork titles to
their lands, but such conduct was very offensive to
the opponents of New York, and he was advised
to be silent. At this he took offence and threat-
ened to silence any man who interferred with him.
He was arrested, tried and convicted as an eneni}-,
and punished by being hoisted up to the Cata-
mount signpost and suspended there two hours,
to his own chagrin and the merriment of the be-
holders, which had a salutary eftect on the Doctor;
but in 1777 he became a violent Tory, and raised
a company in Arlington and vicinity to co-operate
with Burgoyne. His property was confiscated
and his family sent within the enemy's lines in
1778.

It was voted in the Vermont Assembly in 1778,
"that the stvle of the Governor of this State be,
His Excellency,', and that the bill presented to the

OF VERMONT. 115

House by the Governor and Council relating to
jurisdiction, be altered, and in the place of *'Ne\v
Hampshire," insert "the west bank of Connecti-
cut River," and thus fixing the eastern boundary
of Vermont pn the west bank of that river.

All western Vermont was at one time named
Bennington County, and eastern Vermont Unity
Count\\ which was changed to Cumberland. In

1776, and for a long time after, the inhabitants
on the west side of the mountain were kept in a
constant state of alarm for tear of sudden attacks
from Indians and the British.

In 1776, Moses Pierson had raised a large crop
of wheat on the ''Ezra Meach farm" which lies in
Shelburne on the lake a few miles south of Burling-
ton, which he was forced to leave in the autumn,
for fear of the enemy, but returned in January,

1777, accompanied by Capt. Thomas Sawyer and
fourteen soldiers who had marched through the
trackless wilderness about ninety miles, strength-
ened the place, built a block house, made of large
logs laid closely together. On the 12th of March,

1778, the^^ were attacked b3' 57 Indians, com-
manded b}^ a British officer. The fight was stub-
born; twice the house was set on fire by the
enemy, but the flames were extinguished, once b3'
L'eut. Barnum of Monk ton, who lost his life by
the daring act. After a two hours' fight the en-
emy retreated, but they were pursued and two of
them were captured. The loss of the Vermonters
were three killed, while the enemy lost twelve
killed, among whom were a British captain and
an Indian chief

116 EARLY HISTORY

The Council from time to time ordered the com-
manders of the Vermont mihtar^' force to protect
the inhabitants, situated in the sparsely settled
districts, from the enemy.

The General Assembl_v empowered the Gover-
nor and Council to appoint a court to confiscate
and order the sale of both real and personal prop-
erty of estates belonging to the enemies of the
United States, and to appoint commissioners to
adjust and settle the accounts of creditors to said
estates. And, accordingly, a Court and Commis-
sioners were appointed for those purposes.

One David Redding had been sentenced to
death, after having been convicted by a jury of
six men as a public enemy. Application was
made for his reprieve, June 4th, 1778, because he
was not tried by a full jury. The reprieve was
granted till the 11th of June. The people were
sreatlv excited bv reason of the delav in the execu-
tion. To appease them Ethan Allen mounted a
stump and promised them that, "if Redding es-
caped he would be hung himself." Redding was
tried on the 9th by a full jury, and executed on the
11th of June, 1778.

The first divorce granted in Vermont of which I
have any information w^as decreed by the Gover-
nor and Council in June, 1778. Lurania McLane
petitioned to be discharged from her late husband,
John McLane. After considering the petition and
evidence (the husband not appearing), the Coun-
cil declared, that "the said Lurania be discharged
from him,the said John McLlane, and that she has
a good and lawful right to marr3^ to another

OF VERMONT. 117

man." The first Vermont Statute on divorce of
which there is any record, is the Act of February,
1789.

The frame of government declared that the
House of Representatives "shall be styled the Gen-
eral Assembh' of the Representatives of the Free-
men of Vermont," but later it became to include
the House, and when both acted together they
were called the Joint Assembly.

From 1778 till 1781 there was a great agita-
tion among the people of both Vermont and New
Hampshire, growing out of an attempted union of
the towns in New Hampshire, near Connecticut
River, with Vermont. A union was consumated
and at one time the representatives of thirty-five
New Hampshire towns took their seats in the
General Assembly of Vermont. New Hampshire
claimed that this action and attempted union w^as
illegal, and growing out of this controversy war
was imminent between Vermont and New Hamp-
shire, but better counsel prevailed and the union
of those towns w^ith Vermont was dissolved.

Tories were sentenced to banishment from the
State, but many returned w^ithout permission, and
consequently on Feb. 26, 1779, one hundred and
eight persons were, by name, banished by an act
of the General Assemby; and the Assembly passed
an act "that if any such person or persons which
have been sentenced to banishment as aforesaid,
shall be found in this State after the first day of
Ma3% next, (which have not obtained, or shall not
obtain a pardon or reprieve from their crimes from
the Governor and Council of this State) such per-

118 KARLY HISTORY

son or persons shall be whipt not exceedin^j forty
stripes, to be repeated once a week, by order of
any assistant judge or justice of the peace, so long
as they shall continue in this State."

By an act of Feb. 25, 1779, the Governor and
Council were constituted a Board of War, with
full power to raise men for the defence of
the frontiers, and the Council were given
power to liberate the Tories under the care
of Captain Samuel Robinson, or, dispose of
them according to their merit. And on the
24-th of February, 1779, the Assembly resolved
to raise $15,000 by a lottery fund for military de-
fence. In Cumberland County there was opposi-
tion to the draft that had been ordered by the
Board of War. The opposition had been stimulated
by Col. William Patterson, w^ho was commissioned
by Gov. Clinton. Patterson had a regiment of
about 500 men. Gov. Chittenden sent Ethan
Allen wdth an armed force, who promptly arrested
Patterson and others, in all forty-four, most of
whom w^ere indicted, convicted and fined. These
rioters, as they were called, were tried at West-
minster in May, 1779.

William French and Daniel Houghton were
killed or died of their wounds at Westminster in
the collision that took place between the adher-
ents of New York and the Green Mountain Boys
the 13th of March, 1775. Ira Allen characterized
the affair as "that odious and never-to-be-forgot-
ten massacre,'' and it was charged as the ''shed-
ding^ innocent blood.''

The next Vermont Convention was improved

OF VERMONT. 119

as a means of turning public opinion against New
York, whose officers, it was charged, were respon-
sible for the affair. New York charged the
blame upon the Whigs. The people that did not
S3"mpathize with New York were determined that
the court that was run by officers of New York
should not hold the session under the New York
regime, as the rights and liberties of the people of
the State were in danger and their lands taken
from them. The Vermonters had an interview
with Col. Chandler, the chief judge, to dissuade
him from attending court, as the sheriff would
have attendants with arms, and there w^ould be
blood shed; but the judge told them there should
be no arms brought against them, and he would
open court on the 13th of March, 1775. Judge
Sabin, the other judge who was to sit that term,
and other officials of the court, were anxious to
go on with the court as usual.

The Vermonters heard the Court was going to
take possession of the court-house, and were go-
ing to keep a strong guard at the door and pre-
vent them from coming in. Thereupon the Ver- ,
monters thought best to get to court before the
armed guard were placed there. About one hun-
dred of them entered the court-house, about four
o'clock in the afternoon. They had no sooner en-
tered before a large number of men, armed with
guns, swords, and pistols, appeared, but the Ver-
monters had no weapons. Patterson came up at
the head of his armed company and commanded
them to disperse, and caused the King's proclama-
tion to be read, and told them, that if they did

120 EARLY HISTORY

not disperse in 15 minutes he would blow a hole
throutj^h them. The Yermonters replied that they
should not disperse, but that the eourt party
might come in if they would unarm themselves.
— not without — and hold a parley. Mr. Gale, the
Clerk of the Court, drew a pistol, held it up and
said, "I will hold no parley with such d — d rascals
but by this," referring to his pistol. The Yer-
monters returned to the house. Col. Chandler^
one of the judges, came in. The}' told him that
they had his word that there should not be any
arms brought. He said the arms were brought
without his consent, but he would go and take
them away, and they should enjoy the house un-
disturbed until morning. But about midnight the
New York sympathizers came. The alarm was
given and the Yermonters were ordered to man
the doors. The sherifif's party marched up within
ten rods of the door. Three obeyed the sheriff's
order to fire. The word "fire" was repeated ; "G-d
d — n you, fire. Send them to hell."

An e3^e witness described the rest of the scene in
the following language: "Several men were
wounded; one was shot wnth four bullets, one of
which went through his brain, of which wound he
died the next day. Then they rushed in with their
guns, swords and clubs, and did most cruelly
mammock several more; and took some that were
not wounded, and those that were, and crowded
them all into close prison together, and told them
they should be in hell before the next night, and
that they did wish there were forty more in the
same case with that dying man ; when they put

OF VERMONT. 121

him into prison, they took and dragged him as one
would a dog, and would mock him as he la3' gasp-
ing, and make sport for themselves at his dying
motions."

The people in that Countj^ and in New Hamp-
shire and Massachusetts were notified, and
alarmed at such an aggravated murder, and came
to the assistance of the inhabitants. This massa-
cre was on the 13th of March, 1775. The next
da}^ at twelve o'clock nearly 200 men well armed
came from New Hampshire, and they, with those
who had gathered from Cumberland Count3^took
up those who were engaged in the massacre and
confined as man3^ as the\' could find evidence
against. Thev held an inquest, and the jury on
their oath brought in "that W. Patterson did on
the 13th of March, inst., b\' force and arms, mak.e
an assault on the body of William French, then
and there h'ing dead, and shot him through the
head with a bullet, of which wound he died, and
not otherwise." The leaders of the massacre were
sent to the North Hampton jail, and others were
put under bonds. The sheriffs part\^ claimed the
sheriff was struck several blows before he ordered
his Posse to fire, and that some of the Posse were
wounded.

The convention held at Westminster, April
11th, 1775, while the facts of the massacre w^ere
fresh in their minds, "Voted, as our opinion,
that it is the duty of the inhabitants, as
predicated on the eternal and immutable law of
self-preservation, to wholh' renounce and resist
the administration of the government of New

15

122 EARLY HISTORY

York," until they could be protected in life and
property, or be annexed to some other govern-
ment, or be incorporated into a new one.

There is another account of the Westminster
affair, not inconsistent with the above, that re-
cently appeared in the Burlington "Free Press," a
newspaper published at Burlington, Vt. The ar-
ticle was called out on the occasion of an oaken
gavel, made from a sill of the old court-house at
Westminster, having been presented tothe Brattle-
boro Chapter of the Daughters of the American
Revolution. I here insert that account : —

"This sill was originally a part of the court-
house at Westminster, the scene of the Westmin-
ster massacre, where the first blood of the Ameri-
can Revolution was shed. The prized wood was
carefully turned to the required shape by Mr.
Hines and it was trimmed with sterling silver
appropriately engraved. It was then determined
that the presentation should be attended with
special exercises.

"The first court-house in Cumberland County,
now Windham Count3', was a rudeh' constructed
affair, built in Chester about 1768. Many were
dissatisfied, however, with its location and they
desired that its site be changed to Westminster.
After much agitation and rioting, this was accom-
plished and Westminster was chosen as the shire
town of the County at a meeting of the supervisors
in Chester, May 26, 1772. The erection of a
court-house was begun in Westminster in the
fall of that year and by the close of the next
summer it was readv for use. The location se-

OF VERMONT. 123

lected was on the brow of an elevation which has
since been known as 'Court-house hill.' The court-
house was about 40 feet square and was built of
hewn oak timber and clapboarded. The roof was
gambrel, surmounted by a square cupola open at
the sides. An aisle 10 or 12 feet wide ran east and
west through the middle of the lower floor, with
double doors at each end. The building was in-
tended for a jail and tavern as well as a court-
house, and in the southeast corner was a kitchen
occupied by the jailer and in the southwest corner
w^as a bar-room in which the jailer served in the
capacity of bar-tender. In each room w^as a large
fireplace connecting with the huge chimney, which
rose between the two rooms. Another door was
cut in the south side of the building leading into
an entry, on either side of v^^hich were doors to the
kitchen and bar-room. In the north part was the
jail, which comprised two prison rooms separated
by a narrow aisle running north and south. This
aisle communicated w4th the broad aisle by a
door. Dt ors also opened from the prison rooms
into the narrow aisle. Stairs led from the east
entrance to the court room on the second floor.

"A session of the Cumberland Countj^ court
was to be held in the 'old court-house' March 13,
1775. Much dissatisfaction prevailed in the
County because New York had refused to adopt
the resolves of the Continental Congress, and the
whigs made exertions to dissuade the judges from
holding the stated session. They were unable to
obtain from Chiet Judge Thomas Chandler the de-
sired promise that no session would be held, so

124 EAKLV HISTORY

they resolved to prevent it by strateg^^ On the
da^' set for court a party of from 80 to 100 whigs
from Westminster and surrounding towns armed
themselves with cudgels and took possession of
the court-house about 4 o'clock in the afternoon.
Soon afterward High Sheriff William Paterson,
fearing trouble, came to Brattleboro and enlisted
the services of 25 men. Others joined them on the
wa}' back and soon after the whigs had obtained
possession of the court-house Paterson marched
up to the house at the head of 60 or 70 armed
Tories. The whigs heeded not the order to dis-
perse and after much heated argument and ex-
change of threats Judge Chandler appeared and
promised the whigs possession of the house with-
out molestation until morning, when court would
convene and hear their grievances. The Tories
then departed and the whigs left the house, leav-
ing a guard to give notice in case of an attack in
the night. The sheriff increased his forces and
after having drank to the honor of George III
he marched, as he supposed unobserved, to the
court-house about 11 o'clock. The moonlight re-
flected from their bayonets told the sentry of their
coming, however, and the doors w^ere quickly
guarded. The sheriff attempted to enter the
house, but was twice repulsed. He then ordered
his men to shoot, but the volley passed over the
heads of those in the house. The next volley was
lower and the guards were driven from their posts.
The house was soon filled with Tories and a hand-
to-hand conflict followed in the darkness. The
deadh' w^eapons of the Tories and their superior

OF VERMONT. 125

numbers soon gave them the victory. Ten of the
whigs were wounded, two of them mortally, and
seven were taken prisoners. Two of the sheriff 's
posse were wounded. The whigs who escaped
spread the alarm and by the dawn of daj' a large
number had assembled at the scene of the massa-
cre. The prisoners were released and the leaders
of the assault were arrested and sent to jail at
Northampton, in Massachusetts, "until they could
have a fair trial." The whigs or libertv men w^ho
were mortally wounded were William French of
Brattleboro and Daniel Houghton of Dummerston,
but as French died early on the following morning
and Houghton lived for nine days, their names
have not often been coupled as martyrs in the
cause of freedom."

126 EARLY HISTORY

The inscription on the monument of WilHam
French was as follows, viz.: —

EPITAPH.

In Memory to William French
Son to M^ Nathaniel French Who

c

Was Shot at Westminster March y
13 1775 by the hands of Cruel Min-

e d

istereal tools of Georg y 3 in the
Corthouse at a II a Clock at Night in K

d

the 22 year of his Age^

S Here William French his Body lies
For Murder his blood for Vengance

cries
King Georg the third his Tory crew
tha with a bawl his head Shot threw
For Liberty and his Countrys Good
he Lost his Life his Dearest blood

CHAPTER III.

THE EARLY HISTORY OF VERMONT
CONTINUED.

A County Committee of Safetj^ that had been
chosen by the New York Convention to look after
matters in Cumberland County in the interest of
New York, met at Westminster Sept. 2nd, 1777,
The following protest made by a member of that
Committee showed the feeling and sentiment of
the people in Eastern Vermont : viz., "Whereas I,
the subscriber, a member of the County Commit-
tee of Cumberland to represent the town of
W^indsor in Convention this third day of instant
June, do now in behalf of said town enter my pro-
test against an3^ proceeding under the State of
New York, either directly or indirectly, as to any
jurisdiction over said town.

Ebenezer Hoisington."

In June, 1777, an inquir3^ was made as to the
temper of the people in eastern Vermont, and the
reply from Cumberland County was, that the New
Hampshire Grants had declared themselves inde-
pendent and would not let the County Commit-
tees sit, nor permit anything to be transacted un-
der the jurisdiction of New York," The adherents
of New York held meetings in good many of the
towns in the interest of that State, but as time
went on, those adherents became less, and the
opponents of Vermont fewer. On June 15,1777,

128 HAKLY HISTORY

Gen. Jacob Bagley, who had been a member from
Gloucester County to the New York Congress,
wrote and declared that the people of that County
were almost to a man violent for a separation
from New York.

The New Hampshire Grants had endeavored
through their delegates to get Congress to recog-
nize them as independent of New York and as a
member of the Union, but Congress was slow to
act to settle the dispute between the Grants and
New York, or to recognize them as an independent
State. On the 30th of June, 1777, Congress
passed a resolve, "That the independent govern-
ment attempted to be established by the people,
styling themselves inhabitants of the New Hamp-
shire grants, can derive no countenance or justifi-
cation from the act of Congress, declaring the
United Colonies to be independent of the Crown of
Great Britain, nor from any other act or resolu-
tion of Congress."

This looked like turning the cold shoulder to
the brave Green Mountain Hoys. The Commit-
tee of the House of the State of New Hampshire,
on the 2nd of April, 1779, reported to the House
of that State, that that State "should lay claim
to the jurisdiction of the whole of the New^ Hamp-
shire grants, so-called, lying to the westward of
Connecticut River." This looked like annihila-
tion. But the same report conceded, that, if the
Continental Congress allowed the Grants west-
erly of Connecticut River to be a separate State
by the name of Vermont, the state of New Hamp-
shire would acquiesce therein. This report was

OF VERMONT. 129

ordered to lie, but it was taken up at the session
of the House, on June 24, 1779, and passed. This
concession seemed to open a door whereby Con-
gress might settle the \vhole controversy b3^ ad-
mitting all the Grants westerly of the west bank
of Connecticut River, as a separate State.

Ira Allen through the appointment by the Leg-
lature of Vermont and the instruction from the
Governor and Council, waited upon the General
Court of New Hampshire to settle the controversy
of the two jurisdictions. Allen's position was,
that New Hampshire had no just claim to the
Grants. And after admitting that there w^as a
small minorit3^ of the people in favor of uniting
with New Hampshire, stated that Vermont had
been to great expense in sending agents to Great
Britain to present their claims to the King and
his Council, to be separate from New York, at a
time when New Hampshire refused to exert her-
self to recover her jurisdiction over the Grants,
and substantially surrendered her claims to New
York ; that New^ Hampshire having left the Grants
to contend alone against New York, she should
not now claim her territorial that in fact the
Green Mountain Bo\'s had been deserted by New
Hampshire, and had to contend against the New
York Land jobbers without her aid ; that this was
a time when the Green Mountain Boys were few
in number, generally poor, and had but little more
than Heaven to protect them and their families,
and in this s'tuation, stimulated b}- a patriotic
spirit of freedom, baffled all their adversaries for
more than seven years. And when New Hamp-

16

130 EARLY HISTORY

shire was appealed to to exert herself to obtain ju-
risdietion of the Grants again, when the Green
Mountain Bo\'S were hard pressed hy both Great
Britain and New York, she said, "the King gave
and the King hath taken away, and blessed be the
name of the King," and made no exertions to ob-
tain the land for herself, or to aid the Grants.
Consequenth' her jurisdiction was curtailed to the
w^est bank of Connecticut River. Allen claimed it
was conceded by the United States that Vermont
had borne her equal share of the burdens of the
Revolutionary war, and consequently was entitled
to equal privileges with the rest of their brethren
of America.

On the 3d day of June, 1779, Thomas Chitten-
den, Governor and Commander-in-Chief in and
over the State of Vermont, issued his proclama-
tion of full and free pardon of all public offences,
except treason and misprison of treason and cap-
ital offences committed since January 15th, 1777.
On the 23d da}^ of February, 1778, Gov. George
Clinton of New York, for the purpose of inducing
the people of Vermont to submit to the authority
of New York, issued his proclamation, among
other things setting forth, "that all persons actu-
ally possessing and improving lands, b}- title un-
der grant from New Hampshire or Massachusetts
Ba^-, shall be confirmed in their respective posses-
sions."

Ethan Allen made a reply to this proclamation,
and while admitting there were disaffected
persons within the boundaries of the territory- of
the New Hampshire Grants, asserted that

OP^ VERMONT. 131

almost the whole of the inhabitants of the State
were disaffected with the government of New
York, and it was not a fact that the ancient, orig-
inal and true bounds of New York included the
lands within the territory then called Vermont,
and that the first claim of that kind was asserted
in the proclamation of Gov. Tyron, dated the 11th
of December, 1771, where he claimed that New-
York extended to Connecticut River. Allen did
not recognize the act of the English King in 1764,
attempting to change and curtail the territory of
New Hampshire, and extend the Eastern boundary
of New York to Connecticut River, and had no
doubt but Congress would curtail the claims of
New York. And as to the overtures made b}^ the
Governor of New York to undo the grants made
by New York of the lands in Vermont, and confirm
the New Hampshire Grants, so-called, in their
titles, Allen stated with great force that the Legis-
lature of New Y^ork had no such right or legal
power. As to the lands that had been granted by
New York, that State could not nullify or defeat
their own grants. He said, "It is contrary to
common sense to suppose that the propert\^ of the
subject is at the arbitrary disposal of the Legisla-
ture; if it was, they might give a grant to-day
and vacate it to-morrow, and so on ad infinitum.
But the truth of the matter is, the first conveyance
will and ought to hold good ; and this defeats all
subsequent conveyances."

Allen claimed that the overtures, made in the
proclamation of Gov. Clinton, were calculated to
deceive woods people, who, in general, may not be

132 EARLY HISTORY

supposed to understand law or the power of a le^^^-
isliitive authority. But very few of the people ot
V^ermont accepted of the overtures. Allen claimed
that the best way of vacating those New York in-
terfering grants was to maintain inviolable the su-
premacy of the legislative authority of the indepen-
dent State of Vermont. That would overturn every
KeW' York scheme for their ruin, and made the
Green Mountain Boys free men, and confirmed the
title to their property, and put tliem into the en-
joyment of the great blessings of afree,incorrupted
and virtuous civil government.

Another reason that Allen gave in his reply,
why Vermont should not be under the jurisdiction
of New York, was because the local distance of
Vermont from the seat of government in the State
of New York was 450 miles, which w^ould make it
inconvenient and w^ould constitute a sufficient
reason for the independence of Vermont, and said,
'4f the inhabitants were obliged to submit to the
government of New York they would wish to have
the distance ten times greater."

He also asserted that the people of Vermont
considered themselves as being in union wnth the
United States from the time they took possession
of Lake Cham plain and the garrison depending
thereon in behalf of the United States, in May,
1775; and had pursued the same object, viz., lib-
t;rty ; and had participated in all their troubles,-
and had hazarded all that was worth living or
dying for, and that it only needed a formal declar-
ation to constitute them a member of the Union.
And, lastlv, he said that a confederation of the

OF VERMONT 133

State of Vermont with the other free and indepen-
dent States could not fail of being attended
with salutary consequences to the Confederacy for
ages to come; that her people were stimulated
\vith a spirit of liberty, having a perfect detesta-
tion of arbitrarv power, and would instil the
principles of liberty and social virtue into their
children, w^hich will be perpetuated to future gen-
erations ; that the State being removed from the
sea coast, her people will be in a great measure
exempted from luxury and efifeminac}', and be a
valuable support to the rising empire of the new
world.

GHflPTER IV.

THE EARLY HIST(3RY OF VERMONT
CONTINUED.

Not^vithstanding the great eiforts that the peo-
ple of Vermont made for a separate existence as a
State and the earnest pleading to be recognized as
a member of the Confederacy, on equal terms with
the other thirteen jurisdictions, the\' received no
favorable consideration from the action of Con-
gress, although they had the sympathy of some
of its members. New York continued to treat the
Green Mountain Bo^^s as rebels, outlaw^s and
felons, and passed laws to which was attached the
death penalty for their violation, all of which .was
designed to crush out the spirit of liberty and the
purpose to form an independent State. It only
served to nerve the Green Mountain Boys to a
more determined resistance to arbitrary power.

The Green Mountain Boys issued their mani-
festo in respect to those laws and as to their en-
forcement, signed by Ethan Allen, Seth Warner,
Remember Baker and others, declaring, among
other things, that if the officers acting under New-
York government should attempt to enforce those
unjust laws, and arrest any of their number, "that
thev were resolved to inflict immediate death on
whomsoever may attempt the same" And pro-
vided that if any of us or our party shall be taken

OF VERMONT. 135

and we have not notice sufficient to relieve them,
or whether we relieve them or not, we are resolved
to surround (their captor or captors) whether at
his or their own house or houses, or an3^where
that we can find him or them, and shoot such per-
son or persons dead. And we will kill and destroy'
anv person or persons whomsoever that shall pre-
sume to be accessory, aiding or assisting in taking
an3^ of us." The Green Mountain Boys could not
be protected in life and property under the laws of
New York unless they gave up the latter to secure
the former, and, therefore, resolved to maintain
both, or to hazard or lose both.

In June, 1779, the Legislature passed an act to
prevent persons from exercising authority unless
lawfully authorized by the State of Vermont; that
statue w^as aimed against all persons who should
attempt to act in the name and b}- the authority
of the State of New York. The penalty for the first
offense under the act was a fine; for the second,
not exceeding forty stripes on the naked body;
and for the the third, the right ear was to be
nailed to a post and cut off, and the forehead was
to be branded with the letter "C" [contumacious]
with a hot iron.

Gov. Chittenden referring to this matter in his
message to the Legislature, October 14th, 1779,
said, T am unhapp\^ to inform 3'ou that the disaf-
fected inhabitants in the lower part of Cumberland
County continue in their unjustifiable obstinacy
against the authority of the State;'' but he recom-
mended the suspension of the laws intended to
have been executed against those offenders, in con-

130 EARLY HISTORY

sequence of a letter received from John {33% Presi-
dent of Congress, inclosing acts passed by that
body relating to a final settlement of the differ-
ences subsisting between Vermont and the adjacent
States.

By November 1st, 1779, the lawful money of
the State, or bills of credit, had become very much
depreciated, as $16 in lawful money was equal to
but one silver dollar, so that the Governor's yearly
salary, w^hich at this time was one thousand
pounds, was not actually a large sum.

At an early day the Legislature passed acts
ensuring the people of the State the freedom of
conscience in religious matters, as appears by an
Act passed in 1780, viz.: "An Act for the purpose
of empowering the inhabitants of the respective
towns of this State to tax themselves for certain
occasions." The act provided that no person
should be compelled by the major vote of the town
to build or repair a meeting house; or support a
worship, or minister of the Gospel, contrary to the
dictates of his conscience, provided said person or
persons shall support some sort of religious wor-
ship as to him may seem most agreeable to the
Word of God.

The settlers in Vermont, in an earh- period in
her history, were annoyed by the hostile disposi-
tion of Indians. On the 9th of August, 1780, a
party of twenty-one Indians visited Barnard and
captured Thomas M. Wright. Prince Haskill and
John Newton, and carried them to Canada. New-
ton and Wright escaped in the spring of 1781, and
Haskill was exchanged in the autumn of that year.

OF VERMONT. 137

They suffered many hardships while remaining
prisoners, but on returning, resumed their farms
and lived on them man^^ years. A small band of
Indians captured two young sons of one Brown,
in the town of Jericho, and carried them to Can-
ada, but after several years and the close of the
Revolution they were permitted to return to their
home.

On the 18th of August, 1780, the Governor
and Council ratified an agreement that Stephen R.
Bradley made with a Mr. Green of New London,
Conn., to remove his printing apparatus from
thence to the State, for the purpose of printing
agreeable to the agreement.

On the 25th of July, 1780, Gov. Thomas Chit-
tenden issued his proclamation giving the Tories a
limited time to leave the State and join the enemy,
their room being better than their company.
There v^ere but nine persons, so far as known,
who availed themselves of the proclamation.

The Governor and Council and the Legislature,
from time to time sought the favorable action of
Congress to admit the State into the Confedera-
tion as a State. And on the 18th day of August,
1780, the Governor and Council, resolved that Ste-
phen R. Bradley, Esq., be and he is hereby re-
quested as agent in this State, to repair to Phila-
delphia, in company with Col. Ira Allen, to trans-
act the political affairs of this State and report to
this Council."

At the session of the Assembly October 13th,
1780, Gov. Chittenden requested the House verb-
ally to accept his resignation of the office of Gov

17

138 p:arly history

ernor, but on repeated requests he withdrew his
request and took the oath of office.

A question arose in the State regarding the re-
granting of land that had before been granted b}-
New York, and as to the vaHdity of such grants.
The Committee who had tliat matter in charge
were ot the opinion that the prior grants made by
the authority of New York, since the King's pro-
hibition, ought not to be considered as a sufficient
bar against granting the same to other respecta-
ble, worth}^ petitioners, and asked the sense of the
Assembly on the subject. And thereupon the As-
sembly resolved unanimously that the said previ-
ous grants, made by virtue of the authority of
New York, were not a bar against granting the
same to respectable and v^orthj^ petitioners. In
February, 1781, the Assembly passed an Act for
quieting disputes concerning landed property.
The act constituted the Governor, Council and
House of Representatives a court for the trial of
cases, where two or more charters had been made
of the same tract of land, to different proprietors.

In the Center village of the historical town of
Bennington stood "Catamount Tavern" House
which had been a notable place of early times and
until it was burnt to the ground the 30th of
March, 1871. It was erected by Captain Stephen
Fay, about 1768. It was tw^o stories high and
and about 44 feet by 34, with high fireplaces in
each story. On the top of the high sign post w^as
placed the stuffed skin of a catamount, from which
came the name of the house. It was widely'
known as the Headquarters of the settlers in their

OF VERMONT. 139

contest with the New York land claimants. It
was the home of Ethan Allen when he first came
to the New Hampshire Grants. One Doctor Sam-
uel Adams of Arlington became an advocate of the
New York titles, and advised his neighbors to pur-
chase their land from New York. He was warned
to desist Irom such a course, but he persisted there-
in and threatened death to anyone who should
molest him. He was taken to the tavern, tried
and ordered to be tied in an arm chair and hoisted
up to the sign, where he was required to remain
two hours. This had a salutary effect, but he af-
terwards at the time of Burgoyne's invasion, be-
came a violent Tory, and fled to Canada. From
the Council room of this tavern Ethan Allen is-
sued his order for mustering the Green Mountain
BoA's for the capture of Ticonderoga — w^hich cap-
ture was effected seven da^'s after. In this house
sat the Vermont Council of Safety during the try-
ing campaign of 1777; here Gen. Stark and War-
ner, with the aid of the Council, planned the fam-
ous attack on Baum's entrenchments, w^here was
won the brilliant victory, which turned the cur-
rent of success from the British to the American
arms. Here it w^as that Dav4d Redding, a traitor
and spy, was tried, condemned and hung.

From w^hat has already been said r€;specting
Massachusetts Bay, New Hampshire and New
York, it appears that each party asserted that
their respective claims to Vermont territory were
sound and right. It was stated in the introduc-
tion to Vermont's appeal to the candid and im-
partial world : that, " 'tis very curious to see how

140 EARLY HISTORY

many shapes Massachusetts Bay, New Hamp-
shire and New York, are able to make His most
Sacred Majesty appear in ; he certainly according
to the vulgar notions, much exceeds the devil ;
while his adjudications were in their favor he had
the immutability of a God, but when against them
the design of a villain."

The Governor and Council on the 10th day oi
December, 1779, published to the world what is
called Vermont's Appeal to the candid and impar-
tial World, containing a fair statement of the
claims of Massachusetts Bay, New Hampshire and
New York, and the right that the State of Ver-
mont had to independence, with an address to
Congress and the inhabitants of the 13 original
United States. It is a document clear in state-
ment, grand and eloquent, and as able a paper as
any statesman has ever written. We take the fol-
lowing extract from it, viz.: —

"Countrymen, Fellow Citizens and Breth-
ren : Under the strongest ties of friendship, as
men who have equalh^ suffered together, from the
iron rod of tyranny in the late cruel measures of
Great Britain, and who have gone hand in hand,
and stood by each other, in times when threatened
with ruin, tyranny and death; we beg your most
serious attention by our address to this very im-
portant subject. .J, ^. ^ It gives us pain and
grief to mention the intrigues and artifices, used
b\' wicked and designing men, to destroy the in-
estimable liberties and privileges of the State of
Vermont; and that too, by those ungrateful ones,
who have been preserved from Indian cruelty by

OF VERMONT. 141

our brave and strenuous exertions durino^ the pres-
ent war. .^ ^ ^ We beg leave to recall your at-
tention to the present most critical situation of
the inhabitants of the State of Vermont; many of
us were soldiers in the Provincial army during the
last war between France and Great Britain and
suffered inconceivable hardships, in successive
campaigns, in striving to support the honor of
the British nation, and to conquer and defend this
territory of land from Indians, Canadians, and
French, at which time 'tw^as that we discovered
the excellence' of the country, and determined, if
ever circumstances would permit, to settle the
same."

And then after fully stating the contest of the
Grants with New York, the appeal continues as
follows: "We have now existed as a free, inde-
pendent State almost four years, have fought Brit-
ains, Canadians, Hessians, Waldeckers, Douch-
men, Indians, Tories and all, and have waded in
blood to maintain and support our independence.
We beg leave to appeal to 3"our own memories,
with what resolution we have fought by your
sides, and what wounds we have received fighting
in the grand American cause; and let 3^our own
recollection tell what Vermont has done and suf-
fered in the cause of civil liberty and the rights of
mankind. And must we now^ tamely give up all
worth fighting for? No, Sirs, while we wear the
name of Americans, we never will surrender those
glorious privileges for which so many have fought,
bled and died ; we appeal to your own feelings as
men of like sufferings, whether you would submit

142 EARLY HISTORY

your tVccdoni and independence, to the arbitra-
ment of any court or referees under heaven? If
you would after wasting so much blood and
treasure, you are unworthy the name of Ameri-
cans; if vou would not, condemn not others in
what you allow yourselves. To you we appeal as
the dernier resort under God ; your approbation or
disapprobation, must determine the fate of thous-
ands. - ^. ^ We have coveted no man's estate,
we have at all times been ready to submit all dif-
ferences relative to the fee of lands in dispute to
impartial judges, and now solemnly declare to all
the world that we are contending for liberty' , the
gift of the Creator to all his subjects, the right
of making our own laws, and choosing our own
form of government ; and will God be pleased to
dispose the hearts of our countrymen to save the
inhabitants of the State of Vermont from tyranny
and oppression, to grant them their liberties in
peace, and to see the things which belong to their
political salvation before they are hidden from
their eyes.''

Ira Allen, by the order of the General Assembly
of Vermont expressed in a resolution passed Oct.
21st, 1779, was sent to the General Assemblies of
the States of New^ Jersey-, Pennsylvania, Virginia,
Maryland, and some other places in the interest
of Vermont, and to vindicate their position, and
the opposition of Vermont to the Government of
New York. Mr. Allen attended those Legisla-
tures. He addressed a letter to the Council of
Pennsylvania, setting forth the unjust claims of
New York and the right of Vermont to take her

OF VERMONT. 143

place as one of the States of the Union. He said
the citizens of Vermont have viewed themselves in
the Union with the other free States of America
ever since the^^ took Ticonderoga, Crown Point,
etc., in favor of the United States, and were will-
ing to furnish their quota of men for the common
defence, and pay their proportion of the expense
of the war when admitted a seat in Congress.

By the resolution of Congress of Sept. 24th,
1779, the first day of February, 1780, was as-
signed for action on the claims of New York, New
Hamp^shire and Massachusetts to the jurisdiction
of Vermont, but action was postponed. As Ver-
mont had no representation in Congress any hear-
ing there had must be ex parte. But the agents
of Vermont, Jonas Fa^', Moses Robinson, and Ste-
phen R. Bradley, transmitted to that body infor-
mation that they were in town (Philadelphia),
ready with full powers to close an equitable union
with the other independent States of America.
Peter Olcott and Bezaleel Woodward were ap-
pointed agents for towns in the northern district
of New Hampshire Grants on both sides of Con-
necticut River, who represented to Congress that
it was the wish of the people in that district be-
tween the heights of land on both sides of the
river that the}^ should be included in one State, if
a new" State should be formed. The matter was
postponed in Congress from time to time till June
2nd, 1780, when Congress resolved that the Grants,
*'and they be and hereby are strictly required to
forebear and abstain from all acts of authoritv,
civil or militar}^ over the inhabitants of an\' town

144 EARLY HISTORY

or district who hold themselves to be subjects of
and owe allegiance to any of the States claiming
jurisdiction of the said territory (Vermont), in
whole or in part, until the decisions and determin-
ations in the resolutions aforementioned shall be
made."

CHAPTER V.

THE EARLY HISTORY OF VERMONT
CONTINUED.

The Yermonters continued to act and conduct
their affairs as an independent State without
much regard to the resolution of Congress. In-
deed, Gov. Thomas Chittenden, in a repl3^ ad-
dressed to the President of Congress, to the reso-
lutions, denied that Congress had the right or
power to prevent Vermont being a free and inde-
pendent State. And in that address said, "If Ver-
mont does not belong to some one of the United
States, Congress could have no such power (to
judge of the jurisdiction of Vermont) without
their consent ; so that, consequently, determining
they have such power, has determined that Ver-
mont has no right to independence; for it is ut-
terly incompatible w4th the rights and preroga-
tives of an independent State, to be under the
control or arbitrament of any other power. Ver-
mont has, therefore, no alternative; they must
submit to the unw^arrantable decree of Congress,
or continue their appeal to heaven and to arms."

* * *
"The cloud that has hovered over Vermont,

since the ungenerous claims of New Hampshire

and Massachusetts Bay, has been seen, and its

motions carefully observed by this government;

18

14G KAK[.Y HISTORY

who expected that Congress would have averted
the storm: but, disappointed in this, and unjustly
treated as the people, over whom I preside, on the
most serious and candid deliberation, conceive
themselves to be, in this affair, yet blessed by
heaven, with constancy of mind, and connections
abroad, as an honest, valiant and brave people,
are necessitated to declare to your Excellency, to
Congress and to the world, that, as life, liberty and
the rights of the people, intrusted them by God, are
inseparable, so they do not expect to be justified
in the eye of heaven, or that posteritv would call
them blessed, if they should, tamely surrender any
part." ,, * * And closed his reph- as follows:
"Notwithstanding the usurpation and injustice of
neighboring governments towards Vermont, and
the late resolutions of Congress, this government
from a principle of virtue and close attachment to
the cause of liberty, as well as a thorough exami-
nation of their own policy, are induced, once more,
to offer union with the United States of America,
of which Congress is the legal representative
Vjody. Should that be denied, this State will pro-
pose the same to the Legislatures of the United
States, separatel3% and take such other measures
as self-preservation ma3' justif)'."

While the matter, concerning the jurisdiction of
Vermont, was before Congress, there was an effort
made by Ira Allen, Luke Knowlton and others, to
unite thirt3'-five towns east of Connecticut River
and that part of New York east of Hudson River
(extending from North Latitude 45° to the north
line of Massachusetts) with Vermont under the

OF VERMONT. 147

same jurisdiction, Ijiit this scheme was finally
abandoned.

Vermont not having been made a party to the
deliberations in Congress as to the settlement of
the claims to the Vermont lands and her jurisdic-
tion, Ira Allen and Stephen R. Bradle}-, the Ver-
mont agents, remonstrated against the proceed-
ings of Congress although they were invited to at-
tend the deliberations and declined because they
were not treated b\^ Congress as the agents or
representatives of an\' State or people invested
with legislative authoritv. On the 22nd day of
Sept. 1780, the Vermont agents sent in to Con-
gress their formal remonstrance against their pro-
ceedings, which closed with the following warn-
ing, "It gives us pungent grief that such an impor-
tant cause, at this juncture of affairs, on which our
all depends, should be forced on by any gentlemen
professing themselves friends to the cause of Amer-
ica with such vehemence and spirit as appears on
the part of the State of New Vork ; and shall onh^
add, that if the matter be thus pursued, we stand
read}' to appeal to God and the world, who must
be accotmtable for the awful consequences that
may ensue.'' Congress having heard the evidence
produced by New Vork and New Hampshire, on
the 27th da}- of Sept., 1780, resolved that the fur-
ther consideration of the subject should be post-
poned. On the 22nd day of November, 1780, Gov.
Chittenden made demand on the Legislature of
New^ Vork, by letter to Gov. Clinton, to give up
and fully relinquish their claims to jurisdiction
over Vermont. Governor Clinton on Feb. v)th,

148 i:akl\ nis'lOKV

1781, transmitted the letter with his niessa<j^e to
the New York Assembly, in whieh he said, "Noth-
ing but the desire of giving you the fullest inform-
ation of eYer\' matter of public eoneern, could in-
duce me to lay before you a demand, not onh' so
insolent in its nature and derogatory to the honor
of the State and the true interests of your constit-
uents, but tending to subvert the authority of
Congress." This message and letter was referred
to the New York Senate to a committee of the
whole, and in the House to a committee of nine.
On the 21st of Februar}-, 1781, the Senate consid-
ered the subject, and a resolution was reported,
"declaring it inexpedient for the State to insist fur-
ther on its right to jurisdiction over Vermont,"
and provided for commissioners to meet commis-
sioners of Vermont to settle the terms for a cessa-
tion of jurisdiction by New York. On the same
day' the Senate adopted the resolutions with onW
one dissenting voice, and sent them to the House
for concurrence, where they were made the order
of the day for Feb. 27th, 1781.

Before a vote was taken in the House on the
resolutions. Gov. Clinton sent in his message, de-
claring that, "if the House should agree to carr^'
those resolutions into effect, the duties of his office
would oblige him to exercise the authority vested
in him by the constitution, and prorogue them."
This threat prevented the adoption of the resolu-
tions. The Vermont Assembly, by^ an act of Feb.
14th, 1781, endeavored to promote the project of
consumating the east and west union which was
to include towns east of Connecticut River as far as

OF VERMONT, 149

the Mason line, and on the west to Hudson river,
but the defeat of the resolutions in the New York
House b^' the threat of Gov. Clinton, suspended
the movement.

Gov. Chittenden had also made demands to the
Governors of Massachusetts and New Hampshire,
for their respective States to relinquish their claim
over the jurisdiction of Vermont. Massachusetts
responded favorably . New Hampshire would ac-
quiesce in such determination as Congress should
make. Connecticut and Rhode Island seemed to
be favorably disposed towards Vermont, and ap-
pointed commissioners to take into consideration
the subject matter of the policy and justice of ad-
mitting into the Union the people calling them-
selves the State of Vermont, to meet commission-
ers from the other New England States and the
State of New York, in convention, to be holden in
Providence on the 12th of April, 1781, to confer
on that subject, and for conferring on the matter
of their common defence against the British.

On Jan. 16th, 1781, delegates from forty-three
towns in New Hampshire met in convention at
Charleston, a town on the east side of Connecticut
River, to deliberate on the subject of forming a
State of towns situated on both sides of Connecti-
cut River, and a resolution was adopted b^' the
convention favoring that object. Twelve dele-
gates of the convention remonstrated against
such action. The convention adjourned to meet
at Cornish in February, three miles from Windsor,
Vt., where the Vermont Assembly^ would then be
in session. On the 12th of Feb., 1781, the Gov-

17)0 i;aki.\ } lis loin

ernor, Council .mikI House ril Windsor look u\) the
matter, and appointed a committee ot seven, who
reported back to the X'ermont Assembly. The re-
j)ort, after giving a history of the attempts to
unite the to\Yns east of Connecticut River with
Vermont, and the attempt of Xew York to extend
jurisdiction over all of Vermont, reecmimended
that the Leo^islature lay a jurisdictional claim to
all lands east of Connecticut River to the Mason
line, north of Massachusetts, and south of latitude
45°. and west to the center of the deepest channel
of Hudson River, but not to exercise jurisdiction
for the time being; which report was accepted.
Articles were drawn up and approved, and on
April 0th, 1781, representatives from the towns
east of the river took their seats in the Vermont
Assembly.

Lieut. John I'atterson and 37 other citizens of
Camden, and John Austin and 79 others of Cam-
bridge (towns within the jurisdiction of New
York) petitioned to have Vermont extend their
jurisdiction to the west so as to include their
towns, and this was agreed to by the Vermont
Assembly. On June 15th, 1781, the representa-
tives of the western district, informed the House,
then setting at Bennington, that thcA' were read3'
to take their seats according to the Articles of
Union, and the several representatives were duh-
received b\^ the Assembh'.

An act was passed Im' the Legislature directing
that all the tefritory, as far w^est as the deepest
channel of the waters of Hudson River, be divided
into townships and annexed to Bennington and

UF VERMONT. 131

Rutland Counties. And Gov. Chittenden issued
his proelamation, for all to take due notice of the
laws and (Orders of the State.

The intercepted correspondence between the
Vermont authorities and the British in Canada,
carried on for some purpose, seemed to open the
eyes of some in Congress and out, and brought
some of them who had been lukewarm toward
Vermont, or actually hostile to her, to look more
favorable to her independence.

James Madison wrote to Edmund Pendleton,
August 14, 1781, that "the controversy relating
to the district called Vermont, the inhabitants of
which have for several years claimed and exercised
the jurisdiction of an independent State, is at
length put into a train of speedy decision. Not-
withstanding there is an objection to such an
event, there is no question but they will soon be
established into a separate and Federal State. A
relinquishment made by Massachusetts of her
claims ; a despair of finally obtaining theirs on the
part of New York and New Hampshire, the other
claimants on w^honi these enterprising adventures
were making fresh enchroachments ; the latent
support afforded them by the leading people of
the New England States in general from which
they emigrated ; the just ground of apprehension
that their rulers were engaging in clandestine ne-
gotiations with the enemy ; and lastly perhaps,
the jealous policy of some of the little States,
w'hich hope that such a precedent ma\' engender
a division of some of the large ones, are the cir-
cumstances which will determine the concurrence
of Coneress in this affair."

152 KAKLV HISTORY

The information given by the intercepted cor-
respondence with/the enemv, Ira Allen said, had
,2^re£iter influence on the wisdom and virtue of
Congress than aU the exertions of Vermont in
taking Ticonderoga, Crown Point, and the two
divisions of Gene.ral Burgo\me's arm\' or their
petition to be adi:nitted as a State." Undoubtedly
the fear that the. New Yorkers had that the Grants
might cast in their fortunes with the British and
thereby leave their people exposed to fresh ravages
from tne enem^-, and perhaps endanger the revolu-
tionar3' cause, served to modify their atitude
towards Vermont and make them less hostile to
the independence of Vermont. It was the pur-
pose of Vermont m the negotiations w4th Canada
to secure Vermont from British invasion, but
rather than submit to the jurisdiction of New
York the\^ would oppose such a union with force
of arms, and would joiu the British in Canada.

On the 18th of August, 1781, the committee
of Congress and the agents tor Vermont, had an
interview. The committee from Vermont pro-
posed that Vermont be recognized as an inde-
pendent State, and to fix the western boundary,
about where it was finallj^ determined upon w^hen
the State was admitted ; and that Vermont have
the same right as any other State, and matters of
dispute be settled by Congress on hearing.

Congress on August 20th, 1781, passed a reso-
lution, "that it be an indispensable preliminary to
the recognition of the independence of the people
inhabiting the territorj^ called Vermont, and their
admission into the federal union, that she explicit-

OF VERMONT. loo

Iv relinquish all demands of lands or jurisdiction,
on the east side of the west bank of Connecticut
River." New Hampshire became friendly to the
independence of Vermont on condition of the re-
linquishment of the unions, but New York com-
menced active measures against Vermont and
committed some depredations on the people in the
west union. The New York forces took some of
the Vermont militia prisoners. Gov. Clinton
claimed that the Vermont malitia taken prisoners
were for the service of the enemy the British. In
this Gov. Clinton was mistaken. Gov. Chittenden
demanded the release of the prisoners and de-
clared that unless they were given up Vermont
would render no assistance to New^ York against
the coinmon enemy. Gen. Gausevoort said he
was much opposed to civil war, but it was the
duty of New York to protect those w^ho owed and
professed allegiance to New York. Ira Allen re-
plied that Vermont had an equal right to protect
those who acknowledged her jurisdiction ; but it
was advisable to use lenient measures on both
sides, till Congress should have settled the bound-
ary between the states — thus preventing the
horors of civil war when the common cause re-
quired all to be united against Great Britain.
There was at this time considerable friction
created, and sharp sparing between Col. John
Abbott, Col. E. Walbridge and Gov. Chittenden
on behalf of Vermont and Col. H. VanRensselar,
Gen. Gausevoort and Gov. Clinton on behalf of
New York growing out of the occupancy of the
lands in the western union, but no actual clash of

1")+ i:aki,\ msr(>K\

rirnis look i)],'^^'. (>eii. iiniisevoort retired IVoni
the district and left the snnie in ])ossession of the
Vernionters and those claimin;^ that a union had
been effected between that district and Vermont.
In the eastern union New Hampshire authorities
were active in exercising their authority as a state
over the country lying between the Mason line
and Connecticut river ai'ter the union had taken
place as stated in this chapter. And Vermont was
equally determined to maintain their authority
over the district, and the civil officers of each state
were in conflict, and the contest hot, and civil war
seemed inevitable for a time. The New Hamp-
shire House on January Sth, 1782, resolved to
raise one thousand men to enable the civil officers
to exercise their authority in that quarter. Col.
Hale gave Gov. Weare a humorous account of his
own arrest, which I insert here as he expressed it
in writing, including s])elling and grammar. He
said, "the Vermont party had a lorce offortA'
men, and for a frunt gard thev Raised some of
•their most ablest wx)men and sent forward with
some men dressed in Women's apparil which had
the good luck to Take me Prisoner Put me aboard
one of their slays and hlled the same with some
of the Principal women and drove off Nine miles
to Wcllan Tarvern in \Varpole, the main body fol-
lowing after with aclimation of Joy, where they
Kcgailed themselves and then set me at liberty,
Nothing Doubting but they had entirely subdued
New Hrmpshire."

['resident Weare issued a joroclamation giving
Vermonters forty days to leave the last union, or

OF VKKMONT. 155

subscribe an oath acknowledging that New
Hampshire had jurisdiction to Connecticut River.
On February 22nd, 1782, forty days from the
date of the proclamation, the General Assembly of
Vermont resolved to dissolve both the Eastern and
Western Unions; this action was largeh^ due to
the intervention of Gen. Washington, whose letter,
and the resolutions of Congress of August, 1781,
were accepted as pledges that on the withdrawal
of Vermont to its former boundaries, the State
would be admitted into the Union. This assur-
ance was not fully m.ade good, for when the ques-
tion of the admission of Vermont into the Union
next came up in Congress a majority decided
against it. The first union of towns in New
Hampshire with Vermont was dissolved at the
request of New Hampshire on the 12th day of
February, 1779, by the Legislature of Vermont,
and she relinquished all her claims to the New
Hampshire Grants to the eastward of Comiecticut
River. In Alarcli, 1779, the Legislature of New
Hampshire proposed the laying of their jurisdic-
tional union to the whole of New Hampshire
Grants, which included the State of Vermont,
against which Vermont strenuoush^ remonstrated
at the General Court of New Hampshire, but to
no purpose. New Hampshire thereb^^ violated
their settlement of the boundary line ; consequent-
ly on the 4th day of February X781, the Legisla-
ture of Vermont laid a jurisdictional claim to
both the New Hampshire Grants east of Connecti-
cut River and the New York territory, believing
and claiming that the inhabitants of both of those

!.")() HAKI.V HISTORV

districts were, by natural situation to the waters
ot the Northern lakes and exposure of the inhabi-
tants of the old territory of Vermont to the incur-
sions of the enem\' from Canada in times of war,
would render it expedient that they should belong
to this State, and that self-preservation and
mutual defence rendered it indispensabl_v neces-
sary that the inhabitants of those districts, with
those of the old territory, should unite in one en-
tire State. The purpose of Vermont, the second
time, to extend their claim of jurisdiction to the
Mason line on the east, and to the Hudson River
on the west, was to counteract the efforts of those
two adjoining States in assuming jurisdiction over
the old territory of Vermont, and to quiet some of
her own internal dissensions occasioned by those
two governments, and to make them experience
the evils of intestine broils, and strengthen Ver-
mont against insult. The condition upon which
Vermont admitted the East and West Unions was,
that in case Vermont should be admitted into the
Federal Union with the United States, Congress
should determine boundaries.

Queries may arise as to wdiether it was good
polic}', or honest, for Vermont to extend her juris-
diction into the States ol New Hampshire and New
York. It will be borne in mind that Vermont had
urged Congress to admit her as a State and was
willing to let Congress determine her boundaries,
but this action was strenuoush' opposed by both
New Hampshire and New York, as well as the
offer to those States to refer the disputes respect-
ing boundary- lines to the final arbitrament and de-

OF VERMONT. 157

cision of indifferent men. Both States laid their
respective claims to Vermont; and both refused to
make an alHance with Vermont against the com-
mon enemy, and would not confer on the subject.
This silence on that matter, and their entire con-
duct indicated that the\^ intended to let Vermont
struggle, as the}' thought, in their impracticable
notions of independence — they said, "it was a for-
lorn hope;" they said, "the Vermonters are nicely
situated to Canada, and w^hen the war is termi-
nated, if an^^ of them remain alive, we, old Confed-
erate States, can easily subject them ; we have a
right to call upon the whole Confederacy to crush
them; they w^ill go through the hazards and fa-
tigues of that exposed part of our frontiers better
than as though they had, sometime past, been sub-
jugated ; we know the length of their tether, and
can shorten it when we please, and have some-
time since divided their territor\^ between us ; we
have them snug enough, and scorn to answer any
of their proposals." The Vermonters claimed it
was as honest in them to lay jurisdictional claim
to the Grants east of Connecticut River, as it w^as
for New Hampshire, previously to break over the
mutual settlement of their boundary line with
Vermont on Connecticut River and lay claim to
the w^hole territory of Vermont. It was rumored
that the whole Confederacy of the United States
w^ould join to extirpate Vermont. But the Ver-
monters had too much confidence in the repre-
sentatives of the people of the United States to be-
lieve they would be engaged in such a work of des-
truction. They said it was not supposable that

158 EAKLY HISTOKV

the eleven States will be duped to espouse the
cause of the two claiming States, the reward of
which would be nothing but infamy and disgrace.

They said, "How inglorious would be the vic-
torious Continental troops, just returned from the
capture of a proud and haughty army, with a
Cornwallis, the pride of England, at their head,
appear in arms puissanth' tramping on the rights
of a brave and meritorious people, and sacrificing
their liberties which they have been valiantly sup-
porting. Did not Vermont strike a respectable
part of the martial blow towards capturing Gen-
eral Burgoyne, which brought the alliance with
France, and, in the chain of causes, brought the
French fleet to Chesapeake, and brought about a
second memorable era in America?" Continuous
efforts were put forth, by New York and New
Hampshire, to prevent Vermont's admission into
the American Union, while on the other hand Ver-
mont w^as pressing her claims ior admission, but
Congress took no decisive steps on the subject.
A committee of the Vermont Assembly regarded .
the resolution of Congress of the 7th and 21st of
August, 1781, guaranteeing to the respective
States of New York and New Hampshire, all the
territory without certain limits, therein expressed,
as having determined the botmdaries of Vermont,
and the Assembly resolved, accordingly, on Feb.
20, 1782.

And on Feb. 26th, 1782, the House chose three
persons to represent the State in Congress, and
commissioned and gave private instructions to
two of them. Moses Robinson and Paul Spooner,

OF yp:kmont. 159

Esquire., to repair to Philadelphia and consider
themselves invested with lull power to agree on
terms upon which the State should come into an
union with the United States, and to sign and rat-
ify articles of Federal union with the Confederated
States of America, and take seats in Congress if
the union was effected.

On March 16, 1782, Gov. Chittenden addressed
a letter to General Washington, in which he said,
"as the dispute of boundary is the only one that
hath prevented our union with the Confederac\%
I am ver\' happ\' in being able to acquaint your
Excellency, that that is now removed on our part,
by our v^ithd rawing our claims upon New Hamp-
shire and New York. "' '"" ■• Since, therefore, we
have withdrawn our jurisdiction to the confines
of our old limits, we entertain the highest expecta-
tions that we shall soon obtain what we have so
long been seeking after, ^m acknowledgement of
independence and sovereignty. For this we have
appointed commissioners, with plenary powers,
to negotiate an alliance with the Confederated
States, and, if they succeed, to take seats in Con-
gress, and should Heaven prosper the designs of
their negotiations, we please ourselves much, that
we who are of one sentiment in the common
cause, and who have but one common interest,
shall yet become one nation, and 3'et, be great and
happy. The glory of America is our glory and
with our country we mean to live or die as her
fate shall be."

At this juncture of affairs, the independence of
Vermont, and its admission into the Confederacv,

160 KARLY HISTORY

was favored by the Eastern States, exeept New
Hampshire and New York ; the cause and interest
of these two States to oppose Vermont was ob-
vious from what has been said as to their position
and action, but when New Hampshire gained her
object and Vermont limited her claim to the west
bank of Connecticut River, she became indifferent
to Vermont's independence, though it became
probable that her action, in the near future, would
harmonize with the other Eastern States in favor
of Vermont.

The Middle States, save New York, were in-
clined to favor Vermont's claims for admission, as
Vermont would act with them in opposing the
claim of Virginia and other large States to Western
territor\^ ; and the smaller States would favor
Vermont, as it would strengihen the interest and
influence of the little States. Virginia, North Caro-
lina, South Carolina and Georgia opposed her in-
dependence and admission as a separate State out
of jealousy of a predominance of Eastern influence,
and because it wonldgive another small State an
equal vote in the Senate, in deciding on all of the
grand interests of the Union, and be an example
for the dismemberment of the other States. These
conflicting interests engendered and kept up the
controversy and served to delay Vermont's ad-
mission.

At this point we will suspend the consideration,
for the present of the controversy both in and out
of Congress, respecting the admission of Vermont
as an independent State of the Union, and take
the reader to the consideration of the internal affairs

OF VERMONT. 161

of the State, and to the nature and extent of the
doings and legislation of the Vermont Assembly,
and the Governor and Council.

19

CHAPTER VI.

LEGISLATION AND INTERNAL AFFAIRS OE
EARLY VERMONT.

hi 1782, a second and successful attempt was
made to establish a printing press in Vermont, at
which the State printing might be done. A com-
mittee of three was chosen by the House, to agree
with persons to set up and continue the printing
business in some convenient place in the State for
the term of five years, and that a public news-
paper be printed and published weekly- at said
printing office, and in consideration thereof such
persons should receive the sum of three hundred
pounds lav.'ful money out of the public treasury of
the State, and have the privilege of doing all of
the State printing at a reasonable price.

Hough and Spooner of the Journal at Windsor,
and Haswell and Russell publishers of the Ver-
mont Gazette at Bennington, were the only print-
ers in the State until Matthew Lyon started the
Farmer's Library at Fair Haven in 1793.

On Oct. 21, 1782, a permit Avas granted by the
Governor and Council to Lieutenant William
Blanchard and John Blanchard to pass the pres-
ent lines to the Northern part of the State, for the
purpose of hunting. On Feb. 14, 1783, a petition
was pres'ented "to the Council, requesting that
Ebenezer Willoughby, late of Shaftsbury, who had

OF VERMONT. 163

been some time ,'ibsent from the State, be permit-
ted to return thereto and enjoy the privileges of a
freeman thereof, which request was granted for
him and his family and effects, to return to the
State ''by his dispensing with such of his interest
as has been disposed of by this State for its use, to
atone lor his past offences committed against this
State." Willoughb3' had previously joined the
enemy, but was captured and his property confis-
cated.

Certain persons had been convicted by the Su-
preme Court of conspiring and attempting an
invasion and rebellion against the State and were
banished from the State. The Assembh^ passed an
act giving His Excellence' the Governor, and the
Honorable Council, power to pardon such as had
become penitent, the Assembly setting forth that,
"this Assemblv being desirous at all times of
showing merce^ when it can be done consistent
with the public safet3\"

Postal arrangements in that earle- dae^ in Ver-
mont were meager and primitive. At a special
session of the Council held at Bennington Nov. 26,
1783, it was resolved that Samuel Sherman be
paid nine shillings per week out of the public *
treasury, for ridiiig post, carrying and bringing
the public intelligence to and from Alban3', until
the setting of the General Assembly in February
next, and "he to be accountable for all the mone^'
he shall receive as postage on letters, which is to
be deducted from the nine shillings per w-eek." It
was provided that postage would be under the
same regulations as in the United States.

1G4- ICARI.V HISTORY

At a session of tlu' Asseniljl^' and Council held
at Bennin<2:ton in February and March 17S4, a
bill was passed prescribing the mode in which the
House and Governor and Council should enact
laws for the State. One object of which was to
make the two Houses co'^rdinatc in their powers
of legislation as far as the Constitution would
then permit.

The General Assembly, from time to time, by
resolution, impeached justices of the peace and
other State officers for wrong doing and mal-ad-
ministration in office, and on trial before the
Governor and Council convicted them, iind sus-
pended or removed them from office. On Feb. 24,
1784, the Council appointed a committee of two
to join a committee from the General Assembh' to
consider and report upon the most effectual meas-
ures for the securing and settling of all the small
islands in Lake Champlain east of the deepest
channel.

On Oct. 15, 1784, after His Excellency Thomas
Chittenden and other State officers and members
of the Council had been declared elected for an-
other term, Joseph F^a^', the retiring secretary of
* the Council, caused to be published the following
viz. : —
"To THE Printers of the 'Vermont Gazette:'

Gentlemen: By inserting the following extract
of an official letter received last evening, you will
not only gratif>' the public by giving early knowl-
edge of the choice of their rulers for the year ensu-
ing, but sting the ears of our enemies with the
unwelcome news of the uniformity of the people by

OF VERMONT. 165

continuing in office those gentlemen who have
been the guardians and faithful servants of the
pubhc during a bloody war with Great Britain
and the contest with the several neighboring
States for eight years past. Such a steady firm-
ness does honor to the people, and 133- a continu-
ance, with due observance of good and whole-
some laws, cannot fail to render this little republic
happy, important, and the dread of her enemies."

The great results the Green Mountain Boj^s had
accomplished in behalf of the New Hampshire
Grants and the State of Vermont against obstacles
seemingU^ overwhelming, shows ^vhat a few, but
brave, persevering and determined people, ad-
hering to principle and aiming at libert3' and in-
dependence, ma3' accomplish.

The General Assembh^, on October 29th, 1784,
resolved that, "the treasurer be and is hereby di-
rected to pay His Excellenc^^ Thomas Chittenden,
Esq., thirt\^-six shillings, L.'MoneA^, on the two
pennj^ tax for cash expended by him for distilled
spirits for the use of the Militia on the daj' of
general election." And at the same date three
agents, Hon. Ira Allen, Major Joseph P^a^^ and
Hon. Jonas Fay were appointed agents or com-
missioners to transact the necessar}^ business of
opening a free trade to foreign powers through the
Province of Quebec.

On June 7th, 1785, it was represented to the
Council that Abijah Prince and his wife Lucy and
family were greatly oppressed and injured by John
and Ormas Noyce in the possession and enjo^^ment
of a certain farm. The Council having takf^n the

10() KAKLY HISTORY

matter into consideration and made due in([uir3',
were ot the opinion that they were much injured,
and unless some method was taken to protect
them, the3' must fall upon the charity of the town,
and resolved, that His Excellency be recjuested to
write to the selectmen of the town of Guilford
recommending to them to take some effectual
measures to protect said Abijah, Lucy and family
in the possession of said lands, till the dispute can
be equitably settled.

The Council from time to time remitted fines
that had been imposed b3' the courts. The Assem-
bl\' passed acts, concurred in b\' the Council, to
confirm persons in the quiet and peaceable posses-
sion of their farms, and render all judgements re-
specting the same, entered b3' an^' Court of law,
null and void. On election da3^ it was the custom
to have an election sermon preached in the House
of Representatives.

The General Assemblv and Governor and Coun-
cil, from time to time, on petition, granted farms,
lying in Gores between chartered towns, to per-
sons, and appointed committees to dispose of
lands in such Gores to the inhabitants living there-
in, and to others under proper regulations and re-
strictions ; the committees to be accountable for
the avails.

As late as 1785, Addison Count3^ embraced all
territor3' north of Rutland Count3', west of the
mountain to the northern boundary of the State;
and Orange County all territory north of the
Count3^ of Windsor, east of the mountain, to the
northern boundarv <>( the State.

OF VERMONT. 167

On October 27, 1785, the Assembly concurred
in an act directing what coin and mone\' should be
legal currency in the State, and on Feb. 20, 1787,
an act was read and approved to ascertain the
value of contracts made for Continental money or
bills of credit of the United States. Lawful mone^-
or bills of credit, down to Sept. 1, 1777, w^ere of
the value of gold and silver, and said bills of credit
had so far depreciated by Sept. 1, 1780, as fixed
by said "act, that seventy-two of them w^ere worth
but one dollar in gold or silver cohi.

During the tr\'ing times through which Vermont
passed, Isaac Tichenor was a prominent figure.
He was born in Newark, N. J., and came to Ben-
nington June 14, 1777, and w^as representative of
that town in the Vermont Assembly from Oct.
1781, to Oct. 1785, and speaker in 1783 ; member
of the Council from Oct. 1786, to Oct. 1792; judge
of the Supreme Court five ^-ears from 1791, and
chief justice two 3'ears ; and a member of the Coun-
cil of Censors in 1792; and United States Senator
in 1796-7, when he resigned to take the office of
Governor; and again U. S. Senator from 1815 to
1821, in all seven years. He was Governor from
1797 to 1807, and 1808-9, in all eleven years .
He was elected agent and delegate to the Conti-
nental Congress in 1782 and 1783, 1787, 1788
and 1789 ; and in 1790, he w^as one of the commis-
sioners of Vermont who settled the protracted
controversy' with New York. He was a man of
good private character and talents, accomplished
manners and insinuating address. It is said that
his fascinating qualities acquired for him at an

16S KARLV HISTORY

early day the souV)ncjnct of the "Jersey Sliek."
HediedDec.il, 1S3S, in his S.lth year, and left
no descendants.

Governor Chittenden had his attention called
to an address of President Wheelock of Dartmouth
College which address suggested to the State
to sqncstcr to the use of the College, "a part of the
public lands in the State, those onK' which were
left to a society for the propagation of knowledge
in foreign parts," in return for Avhich the College
promised to educate Vermonters free of tuition.
The proposition was criticised as an attempt both
to divert the glebe rights improperly, and to pre-
vent the establishment of colleges in Vermont.
On March 3d, 1787, the Assembly "resolved that
the proposals ot President Wheelock, made to this
House in behalf of the trustees of Dartmouth Col-
lege, are such that they cannot be accepted." A
proposition for a college at Williamstown had
been made 133- Hon. Elijah Paine and Cornelius
hjnde; and subsequently another b^' Ira Allen,
Governor Chittenden and others for a college at
Burlington, which Avas accepted, and a charter
was granted Nov. 3, 1791.

By an act passed Oct, 31, 1780, neat cattle,
wheat, rj^e and Indian corn, (beef, pork and sheep
were afterwards added,) were made lawful tender
on an execution ]dy the debtor; that when proper-
ty was taken on an execution that had been issued
for more than one pound, after four days had
elapsed, it was to be appraised off to the creditor
at the sign post in the town where taken.

On Feb. 17, 1787, the petition ot Lieut. -Col.

OF VERMONT. 169

Benjamin Randall and fifty-five others, inhabi-
tants of Little Hoosack, in the State of New York,
was presented, praying for compensation for the
damages the3' sustained ior their influence and
zeal in adding the Western Union to this State.
And thereupon the Assembly decided to grant to
them a township six miles square as soon as va-
cant land could be found.

Drunkenness, even in the earh^ history of Ver-
mont, was not regarded as altogether commen-
dable, for on Feb. 19, 1787, it was enacted by
the General Assembly, that, "any person found so
drunk as to be deprived of the use of reason and
understanding, or the use of their limbs, was sub-
ject to a fine of six shillings for ever}^ offence, for
the use of the poor; and for non-payment of fine
and costs, the offender vv^as to be set in the stocks
not exceeding three hours." . And it was provided
by another act, that each town was to provide a
good pair of stocks with lock and key, and the
stocks should be erected in the most public place
in town.

It was enacted that the penalty for a person
convicted of adultery was that, "He, she, or the^-
shall be set upon the gallows, for the space of an
hour, with a rope or ropes about his, her, or their
neck or necks, and the other end cast over the gal-
lows ; and also shall be severely whipped on the
naked body, not exceeding thirty-nine stripes, and
shall from the expiration of twenty-four hours af-
ter such conviction, during their abode in this
State, wear a capital A of two inches long, and
proportionable bigness, cut out in cloth of a con-

170 EARLY HISTORY

trarv color to their clothes, and sewed upon their
u])])er garment, on the outside of their arm, or on
their back in open view." And the same penalty
was prescribed for poh'ganiy. The penalty for
treason against the State was death. Cropping,
or cuttin<i^ off an ear and branding on a hot iron
with the letter C was one of the penalties for
counterfeiting.

On March 2, 1787, an act was passed giving
subjects of the United States the same privileges
as citizens of Vermont.

The first constitution had been established by
legislative statutes in 1779, and 1782, so it was
deemed prudent to establish the amended consti-
tution in the same wa^', and it was read and con-
curred in on March 2, 1787. The opinion pre-
vailed, at that time, that the Legislature was
sovereign, and no .idea was entertained, said
Daniel Chipman, "that an act of the Legislature
however repugnant to the Constitution, could be
adjudged A'oid or set aside by the judiciary." The
original and amended Constitution w^ere both
adopted by the representatives of the several
towns in conventions, and confirmed by the repre-
sentatives of the same towns in the General
Assembh'.

On March 3d, 1787, an act was concurred in
adopting so much of the common law of England,
and also so much of the statutes of Great Britain,
enacted previous to October 1, 1760, in explana-
tion of the common law, as was not repugnant to
the Constitution, or an}' statute of the State. On
March 8, 1787, an act was concurred in directing

OF VERMONT. 171

what money or currency- should be legal tender,
and what should be its fineness ; and also an act
establishino- post offices in the State, at Benning-
ton, Rutland, Brattleboro, Windsor and Newbur^^
An act was passed empowering the Count3'
Courts to license Innkeepers, and it provided that,
"Any person who sold less than one quart of in-
toxicating liquor without a license was subject to
a penalt3^ of three pounds for the first ofience, six
pounds for the second, and so on doubling the
pen altA^ for each repetition."

At the October session of the Assembh', 1787,
Addison Count3' was divided, and Chittenden
County was formed out of her territory and or-
ganized by an act of the Assembly. An act also
was passed at that session establishing a County
grammar school at Castleton, in the County of
Rutland.

Acts were frequenth' passed giving liberty for
persons to raise mone^' to establish and carry on
various enterprises. On March 7, 1789, the Gov-
ernor and Council, on account of the distressed
situation of the inhabitants in the Northern part
of the State for the want of grain, occasioned by
the failure of crops, issued an ordinance that from
the 20th day of March until the 18th day of April
next ensuing, no one should export out of the
State (being the products of the State) any wheat,
rye, Indian corn, barlcA', or the meal or flour of
an^^ of said articles, and making it lawful for anj^
sheriff, constable, grand juror, or selectman, to
stop and examine any and ever3^ sleigh, cart,
wagon or carriage or other conve3'ance which

1 7 'J i:\lU.Y HISTORY

they apprehended was loaded with an^- of said
articles for transportin^^^ out of the State contrary
to the true intent and meaning of the ordinance.

In the year 17S9, the freemen of Vermont made
no choice of Governor, and on the 9th day of
October, 1780, the Council and the Assembly met
in Grand Committee at Westminster and chose
Moses Robinson of Bennington Governor for the
ensuing year. The retiring Governor, on the an-
nouncement of the election of his successor, ad-
dressed the Council and the gentlemen of the
House, and said, in part, "Since I find that the
election luis not gone in my favor by the freemen,
and that you gentlemen, would prefer some other
person to fill the chair, I can cheerfully resign to
him the honors of the office I have long since sus-
tained, and sincerely wish him a happ}' adminis-
tration, for the advancement of whicli my utmost
influence shall be exerted."

The House, through their speaker, addressed
the retiring Governor, who said in part, "The
Representatives of the people of Vermont upon
this occasion request Your Honor to accept for
your past services all that a noble and generous
mind can give, or wish to receive, their gratitude
and warmest thanks.''

Moses Robinson was the second Governor of
Vermont, and assumed the duties of his oflfice Oct.
13, 1789. He was Governor one year and was
succeeded by his predecessor, Thomas Chittendeji.
It was said at the time that Gov. Robinson bore
the loss of his chief magistracy with a fortitude
which becomes the character of a philosopher and
a Christian.

OF VERMONT. 1 <o

The population ol" the State in 1791, was
85,533. On Januar\^ 22, 1791, an act was passed
by the Assembly and concurred in directing the
width of sleds to be used in the Counties of Orange
and Windsor.

There were manychangesof the names ot towns
inthe early historA' of Vermont. The town of
Albtirgh had had six different names before it re-
ceived its present name in 1791 ; the town of Wil-
mington was changed to Draper in 1763, and sub-
sequently it was changed back to Wilmington ;
the town of Bradford was called Moretown ;
Brandon v^-as formerly called Neshbe; Lowell was
called St. George; Johnson was called Browning-
ton; Newport was called Duncanburgh; Sutton
vras called Billymead ; Fairfield or a part of that
town was previously called Smithfield ; Sheldon
was called Hungerford ; Jay was called Myllis ;
Craftsbury was called Mendon ; Morgan was
called Caldersburgh ; Waterford was called Little-
ton; Barre was called Wildersburgh ; Barton was
called Providence; Alban}- was called Lutterloh ;
Hartland was called Waterford.

Early in Vermont history there were towns in
Bennington County called Somerset and Bromle^^ ;
in W^indham County, Hindale and Fulham; in
Windsor County. Saltasth ; in Rutland County,
Harwitch; in Addison County, Kingston; in
Caledonia County, Deweysburgh, Hopkinsville,
and St. Andrews; in Essex County, Ferdinand,
Alinehead, Lewis and Norfork; in Franklin Coun-
ty, Huntsburgh ; in Orleans County, Kelley vale.

The Counties of Washington and Lamoille were
made up from towns in adjoining Counties. The

174- KAKLV HISTOKV

oltl maj^s sliow that ChitLciulcii Count}' included
Middlesex, Worcester, Stowe, Waterbury, Wa its-
field, Moretown, Duxbur^^ Fayston and Starks-
boro. Orleans County included Morristovvn, El-
more, Hyde Park and Wolcott. Franklin Count\^
included Sterling, Johnson, Cambridge, Coits Gore
(now Waterville), and Belvidere.

Previous to the Declaration of Independence of
Vermont in 1777, the State was included within
the limits of four Counties. The County of Cum-
berkmd, embracing that portion of the State 1}--
ing east of the Green Mountains and extending as
far north as the south line of Orange County, was
established by the Colonial Legislature of New
York in 1766. This act was annulled by virtue of
a Royal decree in 1767. but was renewed in 1768,
and the County was incorporated in March of the
same year. The first Shire town was Chester, but
the County seat was removed to Westminster in
1772.

The County of Gloucester, embracing all of the
State l\'ing east of the Green Mountains and north
of Cumberland County, was established in 1770.
The Shire town was Newburj-.

The County of Charlotte, embracing a portion
of the State of New York and that portion of Ver-
mont lying west of the Green Mountains and
north of the towns of Arlington and Sunderland,
was constituted in 1772, with its Shire located at
Skeensborough (now Whitehall), N. Y.

The remainder of the State, lying wxstofthe
Green Mountains and south of the County of
Charlotte, was embraced in the County of Albany
in the State of New York.

GHflFTER Vi

THE STRUGGLE OF VERMONT FOR ADMIS-
SION INTO THE UNION.

In this chapter we resume the consideration of
the controvers\' respectin,:^ the admission of Ver-
mont as one of the United States of America from
where \ve left the subject at the close of Chapter
III. At that period of the controversA' there was
a sentiment in the Eastern States and in most of
the Middle States favorable to the admission of
Vermont, but w-hen Congress took up the question
again on Nov. 5, 1782, a material change in that
body becamemanifest, which was due to the new
friends that New York had gained through the
acceptance by Congress, in October previous, of
her cession of Western territor3% and b3' Vermont's
rigid enforcement of her authority in September
against the insurrection that had been stirred up
by the adherents to New York in Windham Coun-
ty. In April, 1782, the Legislature of New York
passed two acts, for pardoning certain offences,
and quieting the minds of the inhabitants of Ver-
mont. The New York sympathizers in Windham
County got up and circulated a remonstrance
against the action of the authorities in Vermont,
asserting therein, that the principal men of Ver-
mont were engaged in a treasonable correspond-
ence with the British Commander and Governor
ofCanada, and had made an agreement to raise a

17r. I^AK•L^■ HISTORY

force U) l)c cmploxcd niuler British pay lor the des-
truction of the lie<!:e subjects of the United States,
and asked New York to raise one regiment or
more in the County of Cumberland, to be paid by
New York, for the protection of the people. This
document wasscnt to Gov. Clinton, who replied to
the committee remonstrants in Cumberland Coun-
ty, promising to use his best endeavors to render
them aid, and requested them to "diffusively and
expeditiously disperse" among the people copies
of those New York quieting acts, and to soothe
and c[uiet the Vermonters, and said that "we
never had it in contemplation to deprive individu-
als of their property." And said in the same
reply, that the State of New York is determined
not to relincjuish its right of jurisdiction to the
country distinguished by the name of New Hamp-
shire Grants, unless Congress should agreeable to
our act of submission, judicially determine it not
to be comprehended within our boundaries. This
expression that, "we never had it in contempla-
tion to deprive individuals of their propert}-," was
not consistent with the acts of the New Y'ork ati-
thorities in attemjiting to oust the Grants from
their land by writs of ejectment, writs of posses-
sion, and ))y force. Governor Clinton in said
reply, said, "that there is the fullest evidence of a
criminal and dangerous intercourse between some
of the leaders in the assumed government and the
common enemy, and this, 1 trust, will be an addi-
tional inducement with such who profess to be
friends to the cause ol America, to interest them-
selves in ])rcvaiHng with their fellow citizens to

OF VERMONT. 1 i i

return to their allegiance, and by that means dis-
appoint the views of a combination who from
motives of self interest and ambition would enter
into a league with the enemy and sacrifice the lib-
erties of their country." The adherents of New
York in Guilford immediately called a meeting in
which the instructions of Governor Clinton, in his
repl\% w^ere adopted, and voted, "to stand against
the pretended State of Vermont until the decision
of Congress be known, with lives and fortunes."

Numerous justices of the peace were appointed
by New York for Cumberland Count}-, and charged
among other things, to take notice of all attempts
to set aside the laws and ordinances of that State,
and at the same time officers for a battalion of six
military companies, in the towns of Brattlebor-
otigh, Guilford and Halifax, were commissioned;
which action of the New York authorities looked
like a determined effort to enforce New York law
in Vermont, and suppress all Vermont authority
b}^ military force.

On June 19, 1782, the General Assembly of Ver-
mont pa^ssed an act for the punishment of con-
spiracies against the peace, liberty and independ-
ence of the State, which was aimed at the New
York adherents at Guilford and vicinity-. Gover-
nor Tichenor was appointed to go to the three
above named towns and endeavor, by persuasive
means, to unite the people in favor of the govern-
ment of Vermont and save the necessity of resort-
ing to compulsor\' measures, but his eminent per-
suasive powers failed to accomplish the purpose.
And on June 21, 1782, the Vermont Assembly

178 i:aklv histokv

])assed an Act cmpc^wcriiiii^ the Governor to raise
men to assist the sheriffs. Both sides were pre-
paring for the conflict. On July 29, 1782, judge-
ment had been rendered by John Bridgeman, a
Vermont justice, against Col. Timoth}^ Church,
the commander of the New York battalion ; an
execution was issued on the judgement, and the
sheriff attempted to arrest the Colonel thereon,
but was prevented doing so by Church and his
friends. The sheriff then applied to the Governor
and Council for an armed posse to assist him in
executing Vermont laws in Windham County;
thereupon Governor Chittenden was authorized
to raise two hundred and fifty men for that pur-
pose. Ethan Allen was commissioned as com-
mander of the military force, and by the 10th of
September had executed his orders, so thoroughly,
that the offenders and the opposers of Vermont
law had been, b\^ September 19, 1782, tried, con-
victed and sentenced — some to banishment and
confiscation of their property, and others to pay
fines. Charles Phelps of Alarlborough and Joel
Bigelow^ of Guilford, two of the offenders, escaped
and left the State for the purpose of acquainting
Governor Clinton of the proceedings. Bigelow
soon returned with a letter from Governor Clinton
recommending the adherents of New York to ab-
stain from acts of violence until Congress should
decide on the questions in dispute, but if the pris-
oners were not released he deemed it justifiable
and advisable that an attempt be made for their
release; and if that could not be effected, then an
equal number of insurgents should be taken to

OF VERMONT. 179

some place in New York and held as hostages for
the security and indemnity of the prisoners held
under Vermont law.

Said Bigelow, in his affidavit sent to Governor
Clinton, represented that Ethan Allen had de-
clared that he would give no quarter to man,
woman or child who should oppose him ; and he
would lay Guilford as desolate as Sodom and
Gomorrah. Thereupon Governor Clinton ad-
dressed a letter to the New York delegates in Con-
gress, in which he said, ''I feel the honor of the
State and myself hurt that my repeated applica-
tions to Congress for a decision of the controversj"
have not only been ineffectual, but even unnoticed.
You are fully sensible of my situation, and of the
condition of the State to assert its rights, and I
flatter myself you feel for our unfortunate fellow
citizens who are thus exposed to outrage and in-
jury. I have, therefore, only to add an earnest
request to use every means for inducing Congress
to attend to this very important business."

Governor Clinton, on Sept. 27, 1782, addressed
a letter to the New York adherents in Cumber-
land County, in which he said, "there was every
reason to believe that Congress will immediately
interpose and exert their authority for your relief
and protection." He also wrote to Jonathan
Hunt, the Vermont sheriff, warning him of the
dangerous consequences of his action. Some of
the adherents of New Y^ork who had been released
from their Vermont imprisonment, presented their
petition to Congress and asked for aid in their
impoverished and distressed condition, and for a

180 KAKLY HISTORY

restoration of their property- that had been con-
liscated, but Congress ^ave them no aid.

On Oct. 4, 1782, when Timothy Church, Wil-
liam Shattuck, Henry Evans and Timothy Phelps,
four of the chief offenders against Vermont under
sentence of banishment, were released from prison,
they were taken across the Hne into New Hamp-
shire by a deputy-sheriff, Samuel Averyj who
warned them that they would incur the penalty
of death if they ever returned to Vermont.

The General Assembly setting at Man-
chester, on Oct. 17, 1782, chose Moses Robinson,
Paul Spooner, Ira Allen and Jonas Fay agents to
Congress, any two of them to be vested with pow-
ers as plenipotentiaries to negotiate the admis-
sion of the State into the Federal Union, and to
agree upon and ratify terras of confederation and
perpetual union w^ith them when opportunity
should present; and were commissioned as such
agents.

The Legislature of New Jerse\- instructed their
delegates in Congress to use their influence against
the admission of the State, and to subdue the in-
habitants of Vermont to the obedience and sub-
jection of the State or States that claim their alle-
giance. The3' disclaimed ever^' idea of imbuing
their hands in the blood of their fellow citizens, or
entering into civil war among themselves, regard-
ing such a step to be highly impolitic and danger-
ous.

The Vermont affairs from time to time were
before Congress down to January, 1783 ; and the
discussion in Congress and the action of that bod}',

OF VERMONT. 181

were on the whole, unfriendly to Vermont, but not
decisive ao^ainst her independence. The unfavor-
able resolutions and action of Congress towards
Vermont encouraged the New York adherents in
Windham County, but Goa\ Chittenden showed a
firm purpose to maintain the authority of Ver-
mont against all opposition and against the
threatened hostility of Congress, as well as the
insurrectionists in Windham County.

On January 9th, 1783, Governor Chittenden,
by letter to the President of Congress, remon-
strated against the unfriendly action of Congress,
founded pa.rtly on the mutual agreement between
Congress on the one part, and the State of Ver-
mont on the other, that the latter should have
been taken into the Union previous to the late ac-
tion of Congress ; and partly on the impropriety
of the claim of Congress to interfere in the internal
government of the State. The agreement referred
to, the reader will remember, was the encourage-
ment that Congress gave Vermont, that if she
complied with certain resolutions of that body
and relinquished all claim to the so-called East
and West Unions, she should be admitted as one
of the States of the Union of the United States of
America.

And after Governor Chittenden received the
letter heretofore referred to, from His Excellency
George Washington, assuring him that if Vermont
withdrew her jurisdiction to the confines of her
old limits, Congress would admit Vermont as a
State of the Union, Governor Chittenden and the
people of Vermont confided in the faith and honor

182 KARLY HISTORY

of Congress, that those assurances would be
made good. Governor Chittenden in the remon-
strance said, "How inconsistent then is it in Con-
gress to assume the same arbitrary stretch of pre-
rogative over Vermont, for which they waged
war against Great Britain? Is the liberty and
natural rights of mankind a mere bubble, and the
sport of State politicians? What avails it to
America to establish one arbitrar\' power on the
ruins of another? Congress set tip as patriots for
liberty, the}- did well ; but pnxy extend the liberty,
for which they are contending, to others."

The remonstrance, in referring to the criminals
that had been banished or fined, for which Gov.
Clinton, the New York committee and Congress-
men were so solicitous for their relief, continued,
"The notorious Samuel Eh-, w^ho 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 insur-
rections in this, when he was detected, and care-
fully 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
goal at Boston, to the great satisfaction and
peace of that State. This Samuel Ely, Timothy
Church and William Shattuck, who were three of
the banished, had previously taken the oath of
allegiance to the State of Vermont ; 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 the Assembly, previous to their
insurrection, been represented in the Legislature
of the State."

OF VERMONT. 183

It will be seen from the foregoing that matters
were approaching, very fast, to a disagreeable
and alarming issue. General Washington saw
the necessity- of bringing the controversy to a
peaceful settlement; and on Feb. 11, 1783, he
wrote Joseph Jones, a member of Congress, a long
letter in which he said, "That the delegates of the
New England States in Congress, or a majority of
them, are willing to admit these people into the
Federal Union as an independent and sovereign
State; * * "'' that the^^ have a powerful inter-
est in those States and have pursued ver\^ politic
measures to strengthen and increase it long before
I had an\' knowledge of the matter, and before the
tendency was seen into or suspected, by granting,
upon very advantageous terms, large tracts of
land; in which, I am sorry to find, the army in
some degree have participated. Let ine next ask,
by t\^hom is this district of countrA^ principalh'
settled? And of whom is your present ariny com-
prised? The answers are evident, — New England
men. It had been the opinion of some that the
appearance of force would awe these people into
submission. If the General Assembly ratify' and
confirm what Mr. Chittenden and his Council
have done, I shall be of a very different sentiment ;
and moreover, that it is not a trifling force that
w411 subdue them, even supposing they derive no
aid from the enem\' in Canada ; and that it would
be a ver^^ arduous task indeed, if they should, to
say nothing of a diversion which may and doubt-
less would be made in their favor from New York
bv Carleton. if the war with Great Britain should

184- KAKLV HIST(Hn'

continue. Tlic countrv is very mountainous, full
of defiles, and extremely strong. The inhabitants,
for the most part, are a hardy race, composed of
that kind of people who are best calculated for
soldiers; who in truth are soldiers; for many,
many hundreds of them are deserters from this
arnn-, who, haA'ing acquired yjroperty there,
would be desperate in the defence of it, well know-
ing that they were fighting with halters about
their necks."

Joseph Jones, in his reply to General Washing-
ton, said that, "If Vermont confines herself to the
limits assigned her, and ceases to encroach upon
and disturb the quiet of the adjoining States, and
at the same time avoiding combinations, or arts,
hostile to the United States, she may be at rest
within her limits, and by patient waitiug the
convenient time, maA" ere long be admitted to the
privileges of the Union." Vermont w^as accused
of a want of sincerity and candor in her negotia-
tions with Congress. That body had trifled so
long with Vermont, her government and her peo-
ple had but little respect for the Continental Con-
gress.

Unquestionabh' the letter of General Washing-
ton, though written in his private capacit3' to Mr.
Jones, had much to do in bringing about r more
favorable sentiment in the Confederacy for the ad-
mission of Vermont. On Feb. 25, 1783, in a com-
mittee of the whole of both Houses in Vermont, it
was resolved that the citizens of the State had
from the first attempt to form a State govern-
ment uniformlv shown their attachment to the

OF VERMONT. 185

common cause and a desire of being connected
with the P'ederal Union, and that neither the Ex-
ecutive or Legislative authoritj^ of the State had
ever entered into an3^ negotiation, truce, or com-
bination with the cnem3^ of the United States, ex-
cept for the exchange of prisoners, and expressed
their good intentions towards the United States.
But notwithstanding that, Vermont, at all times,
was determined that her existence as a State
should not be swallowed by interested adjoining
States b}' anv action of those States or by Con-
gress.

And in an address to Congress, made b\' a com-
mittee of the Vermont Assembly appointed Feb.
26, 1783, in reply to the resolutions of Congress
adopted Dec. 5, 1782, unfavorable to Vermont's
separate existence, the committee said, "All and
every act of Congress which interferes with the
internal government of this State and tend to pre-
vent a general exercise of our laws, are unjustifi-
able in their nature and repugnant to every idea
of freedom; ^ "" ^ we cannot express our sur-
prise at the reception of the late resolutions of
Congress of the 5th of Dec. 1782, obtained ex
parte and at the special instance of an infamous
person," referring to Charles Phelps of Marl-
borough, a persistent opponent of Vermont.
I^helps had been some of the time in favor of Ver-
mont and at other times in favor of New York.
Governor Chittenden, for the purpose of showing
to Congress what an unreliable and worthless
character he was, sent to Congress the affidavit
of Phineas Freeman and Jonathan Howard, taken
on Jan. 15th, 1783, in which it was stated that
Charles Phelps declared, "that he would as soon
come under the Infernal Prince as under the State
of New York."

CHAPTER VIII.

THH ACTION OF NEW HAMPSHIRP: AND

NEW YORK.

Let lis refer to riii attempt to divide Vermont
between New Hampshire and New York after each
of those States had iailed in their efforts to absorb
the whole. The proposition was for New Hamp-
shire and New York to compromise the dispute
and divide the State by the ridge of the Green
Mountains, and New Hampshire take the Eastern
and New York the Western part of Vermont.
This scheme originated in 1779, and its proposal
was made in Congress in March, 1782. Some of
the towns on the east of the mountain favored
such an object; and resolutions of a convention of
committees of Newbury-, Bradford, Norwich and
Hartford favored it and inquired of the General
Court of New Hampshire if the3' were desirous to
thus extend their jurisdiction. On Julv 2, 1782,
President W^eare of New Hampshire wrote to
Governor Clinton that, "It is represented that an
agreement between the States of New York and
New Hampshire, respecting the boundaries might
probably tend to bring the matters to an issue,
and the people, in general, between Connecticut
River and the height of land, would be better sat-
isfied to belong to New Hampshire than to Ver-
mont, if Vermont could be made a separate State."

(186 (

OF vp:kmoxt. 187

The House of Representatives of Xew Hamp-
shire took into consideration the representation
of the four towns expressing a desire to he under
the jurisdiction of Xew Hampshire, and resolved,
in substance, that New Hampshire had a just title
to the whole of Vermont, but, for the sake of
peace and good harmon}- with New York, and to
accommodate the inhabitants east of the height
of land, she w'as willing to extend their jurisdic-
tion to that part ot Vermont that lies east of said
height of land, if the generality of the people de-
sired it, and provided, New York would settle the
boundarv on the said heighth of land ; and sent
the resolutions to Governor Clinton.

Alexander Hamilton wrote to Governor Clinton
from Philadelphia Jan. 1, 1783, that the New
York Legislature "should take up the affair of
Vermont on the idea ot a compromise with Massa-
chusetts and New Hampshire," and said, I have
little hope that we shall ever be able to engage
Congress to act with decision upon the matter, or,
that our State will ever recover anj' part of the
revolted territory but upon a plan that will inter-
est those two States." Gouverneur Morris, a dele-
gate from New Y^ork in Congress, wrote to John
JaA^ that "Vermont is yet Vermont, and I think
no wase man will pretend to say when it wnll cease
to be so." And after he left Congress he wrote
Governor Clinton that, "I wish the business of
Y'ermont were settled. I fear we are pursuing a
shadow\ * * * It is a mighty arduous business
to compel the submission of men to a political or
religious government. It appears to me very

188 i:aki,v histokv

(loiibttul whether X'crniont, it" independent, would
not be more useful to Xew York, than as the East-
ern district. ■" * liwe have not the means of
eonquerinf2: these people we must let them quite
alone. We must continue our impotent threats
or w^e must make a treaty-. If we let them alone,
they become independent clc facto, at least. Hun-
dreds will resort to them for different reasons.
They will receive lands from them, and cultivate
them under the powers w^hich are. When the dis-
pute is again renewed these cultivators will, I be-
lieve, be better soldiers than logicians, and more
inclined to defend their possessions, than examine
their titles. If w^e continue our threats, they will
either hate or despise us, and perhaps both."

Durinsr the winter of 17S3-4-, the civil Dowers
of the State, aided by the military posse, were
rigorouslv and successfully used. On Nov. 16,
1783, a part^' of Yorkers assaulted the house of
Luke Knowdton of New^fane, forcibly entered, and
captured and conveyed him into Massachusetts,
and a Yermont military force were sent in pursuit.
Knowlton was released and returned to the State.
The civil power was at once brought to bear, and
three of the offenders w^ere (juickly arrested, but
the attempted arrest of the leader at Brattleboro,
Dec. 1 , was forcibly prevented by the adherents to
Xew York, and on the same day another party of
Yorkers, among whom was Charles Phelps of
Marlborough, captured and carried aw^ay Benja-
min Carpenter, formerh- Lieut. -Governor of
the State.

These acts aroused the Yermonters, and thev

OF VERMONT. 189

arrested William Shattnck and Charles Phelps,
who were under the sentence of death for treason,
and who had been permitted to be at large, and
imprisoned them at Westminster. This so terri-
fied the adherents of New York, the\' addressed a
petition to Governor Chittenden asking that there
might be some eqtiitable and salutary measures
taken to prevent all kinds of severity- between the
contending parties, and that Shattuck and Phelps
might be released from their imprisonment. But
Governor Chittenden left the civil and military
authorities to deal with all offenders. Small de-
tachments of militia were employed in searching
and seizing the arms and persons of belligerent ad-
herents of New York. Several leading New York
adherents were arrested and imprisoned at West-
minster.

These attacks and outrages on the part ot New
York sympathizers and Yorkers, and retaliatory
measures on the part of the Yermonters, continued
for some time. The New York adherents resisted
the pajmient of taxes to the Yermont collector.
And on the 16th of Dec. 1783, about twenty of
them, armed, marched from Guilford to Brattle-
boro and surrounded the house of Landlord Arms
where the constable and tax collector, Waters,
was stopping, fired a number of balls into the
house, wounded two men, burst into the house
and took and carried away the constable with a
design, it was supposed, to take trom him a quan-
tity' of mone^' that he had collected on taxes.

On Dec. 19th, 1784, it was learned there was a
body of Yorkers, who were determined to oppose

TOO i:aklv iiisToRV

the collcctin<^ of taxes, were assembled at Guilford.
Stephen R. Bradley with the sheriff immediately
marched the posse, about 200 men, to Guilford, in
order to reduce them to the obedience of law.
When the troops appeared in sight, the whole
body of Yorkers fled without firing a gun. With-
in two days some thirty of them came in and took
the oath of allegiance and delivered up their arms.
It was ascertained that there was another band
of about forty Yorkers in Guilford near the
Massachusetts line, Bradlc}^ and the sheriff took
a detachment of 120 men and proceeded to dis-
perse them. When the posse got within twenty
rods of the Y'onkers they fired one volley and re-
treated into Massachusetts. One man of the
posse was badly wounded.

The abductors of Luke Knowlton and C3'ril
Carpenter, before referred to, w^ere tried at West-
minister before Chief Justice Aloses Robinson and
convicted, and sentenced. Many others of the
New York adherents were convicted and fined or
imprisoned for the offences charged against them.
Charles Phelps was tried and was adjudged at-
tainted of treason and sentenced to forty days'
imprisonment and a forfeiture of all his property
to the State.

On March 6th, 1784, an act was passed giving
the Governor and Council the power to pardon
any of the inhabitants of Windham Count3^ who
have heretofore professed themselves subjects of
the State of New York. On March 2, 1784, an
act was passed to punish persons for the crime of
high treason and misprision of treason against the

OF VERMONT. 191

State. The penalty for the former was death, and
the latter fine and imprisonment.

New York was powerless to effect anything by
force. She could not reach the disturbed district
without passing through Massachusetts, whose
consent she probably could not obtain ; or through
Western Vermont, where they had met defeat be-
fore. Under these discouraging circumstances
New^ York renew^ed the conflict in Congress. The^-
set forth, anew, their complaints against Vermont,
and said if Congress should dela^^ the decision of
the controYers\% it ought to be considered a denial
of justice. And on March 2, 1782, the New York
House resolved, "that until the aflairs with Ver-
mont were adjudicated by Congress, thcA^ would
furnish no further aid to Congress."

New York asked for Federal tT;oops to be used
on the frontier. The frontier might mean Western
frontier ; but the design of New York was to use
them against Vermont to protect the New York
adherents in Eastern Vermont. Congress refused
to permit her to control any troops. Congress
was again urged b^^ New York to decide her con-
troversy with Vermont, but New York was only
willing to have the dispute settled to their mind
and not otherwise. In the instructions given to
the delegates of New York in Congress, b3^ their
Legislature, after complaining of the procrastina-
tion of Congress in the settlement of their dispute
with Vermont, it stated, "that if she (New York)
must recur to force, for the preservation of her law-
ful authority, the impartial world will pronounce
that none of the blood-shed, disorder or disunion

192 EARLY HISTORY

which may ensue, can be imputable to this Legis-
lature."

Governor Chittenden in his long letter to the
President of Congress bearing date April 26, 1784,
referring to the above threat, said, "As to this
bloody proposition, the Council of this State have
only to remark, that A'ermont does not wish to
enter into a war with the State of New York, but
she will act on the defensive, and expect that Con-
gress and the twelve States will observe a strict
neutrality-, and let the two contending States set-
tle their own controvers}'. And as to the allega-
tion of the State of New York against the conduct
of this State in bringing a few malcontents to jus-
tice and obedience to government, whom they
have inspired with sedition, I have only to ob-
serve, that this matter has been managed b\' the
wisdom of the Legislature of this State, who con-
sider themselves herein amenable to no earthh-
tribunal." These sentiments show that the Ver-
monters believed in the justice of their cause, and
that the\' were able to cope with New York alone.
In June, 1784, and again in April, 1785, Congress
ordered a force of seven hundred men to be raised
by all the ])Osts in the I'nited States, but they
were not to be under the control ot an}' State,
thus defeating the ulterior purpose of New York
to use the Jtroops against Vermont. On May 29,
1784, the committee of Congress made their re-
port to that bod}' in favor of the admission of
Vermont as a free, sovereign and independent
State by the name of Vermont. No other direct
action on the Vermont question was ever taken
bv the Continental Cons^ress.

GHflPTERIX.

EARLY HISTORY AND ADMISSION OF YER-
MONT AS A STATE CONTINUED.

The people of New York sought opportunities
to annoy Yermonters. On Juh' 10, 1784, Hon.
Micah Townshend, a citizen of Yermont, was ar-
rested in the city of New York in an action of tres-
pass at the suit of Seth Smith of the State of New
Y^ork, for officiating in the line of his duty as the
Clerk of the County- Court of Windham County.
Townshend petitioned the Legislature of Yermont
that they would interfere in his behalf and indem-
nify him against loss and damage. Although the
suit was aimed at Townshend, still it concerned
the State at large and ever^^ officer and subject of
the State.

A retaliatory act was passed by the Assembly-
appointing three commissioners to seize and sell
so much of the lands in Yermont belonging to citi-
zens of New York as would raise fifteen hundred
pounds in specie, and directed them to pay to
Townshend, as soon as the New York Court
should render judgement against him, the amount
of the judgement, cost and expenses of defending
the suit, and a proper recompense for being im-
justly sued. The suit however, was not pressed
in the New York court, but discontinued.

11)4- HAKI.V HISTORY

Several acts were passed by the X'ermont
Assembly granting full pardon to many ot the ad-
herents of New York who were offenders against
the laws of Vermont, and in many eases their con-
fiscated property was restored. The Assembly in
October, 1783, enacted a retaliator}^ statute de-
claring that, no person residing in New A'ork shall
commence an3^ suit at law within the jurisdiction
of the State against any inhabitant or resident
thereof, for any civil matter or contract, until the
Legislature of New York shall allow the inhabi-
tants of this State full liberty to commence a like
suit within their jurisdiction.

In 1784, the Revolutionary Avar had come to
an end. The treaty of peace had been signed.
The war with Great Britain had been greath' dis-
tressing to everA^ part of the United States. The
end of the war put an end to many embarrass-
ments of Congress and to all fears of the people of
Vermont. The people, weary of the long and dis-
tressing war, wished for repose and were heartih-
desirous of dropping all occasions of controversy^
and debate. The Confederacy' was in an exhaust-
ed condition ; their revenue was small and their
currency had failed ; their Continental mone3'
nearly valueless ; their armies were dissatisfied
and unpaid ; and the public affairs of the Union
were becoming more embarrassed with disorder,
want of wisdom, credit and power.

Such being the case, an admission into the
Union of the States, ceased to be an object of im-
portance or desire. The evasive, irresolute, and
what the Vcrmonters called contradictory acts of

OF VERMONT. 195

Congress, had greatly destroyed the eonfidenee
that the people of Vermont had reposed in that
body, and it was thought by many it would not
be best to have an}- connection with them. Ver-
mont as a separate jurisdiction stood in a better
situation than the Confederation. Vermont was
not subject to the calls of Congress for money ; her
Legislature had acquired wisdom and experience
in governing the people ; she had not contracted
large debts, nor was it necessary to impose heavy^
taxes upon the people. The State had a large
quantity of valuable lands to dispose of, and pur-
chasers and settlers were constanth^ coming into
it from all the New England States, so that the
condition and prospect of the people became easy^
and more flattering than those of her neighbors.
At this time there was a general inclination not
to be connected with the Union if they could fairh-
avoid it. This situation remained until the adop-
tion of the Constitution of the United States. The
adoption of the Constitution, and the wisdom and
justice that soon marked the action of Congress,
served to create a sentiment favorable to the Con-
federacy, but Vermont took no further pains to
join it, further than to appoint delegates to Con-
gress.

CHAPTER X.

LAND TITLHS. BETTERMENT ACTS ANT),
HARD TIMES.

It will be well here to consider the condition of
the land titles in Vermont, and what is termed the
Betterment Acts. It has been seen that when an
independent Constitutional government was or-
ganized in Vermont in 1778, a large portion of its
territory had been granted to citizens of the con-
tending States. The same territory that had been
granted In- one of the contending States to pro-
prietors was also granted by the other ; hence
arose conflicting titles and rights between the
Xjroprietors as well as between States ; that in
1777, the Governor and Council entered upon the
work of sequestering personal property of persons
who had joined the enem\', and in 1778, the Gen-
eral Assembly established a board of confiscation
with power to seize and sell the real estate, and at
that time Vermont began to grant lands ; and the
grants from the State were greatly and speedily
multiplied.

There had been no general systematic surve\'-
ing, and the State had no map or plan of the sur-
ve3'S, and no public records within it of a large
proportion of the grants ; nor records of the deeds
for man}' vears. What actual surve3's that had
been made were the work of different persons.
The proprietors of the territory covered b^- con-
flicting grants made sales as fast as purchasers

(196 1

OF VERMONT. 197

conld be found, and. many of the latter occupied
and improved their land, so purchased, relying
upon the validity' of their titles. This confused
condition of things Avas a fruitful source of Htiga-
tion in after 3'ears. The common law was
adopted and courts were established in Vermont
in 1778, by w^hich titles could be ascertained, so
far as practicable.

It was obvious that tlie results of common law
trials would have been distressing to many per-
sons who had in good faith purchased, occupied
and improved their lands to which they had a
fault^^ title. Measures of relief were resorted to.
In the act of Feb. 1779, establishing the Superior
Court, it was provided that that Court, "shall
have no power to try any action or title of land,
for the year ensuing," which left the disputes re-
specting lands to the Assembly and the Council.
This act was continued in force till October, 1781,
when a Betterment Act was enacted.

In June 1779, Ira Allen was appointed Surveyor
General, for the purpose of procuring copies of all
charters that ever were made of lands lying in the
State, in order to make out one general plan, so as
to know where the vacant lands were. In October
of the same 3^ear a Board of Commissioners was
constituted, for the better regulating the title of
lands, whose duty it was to call for charters,
patents, deeds and other papers respecting lands ;
and also having power given them to put claim-
ants of lands upon their oath, and make reports
of their doings and deposit them in the clerk's
office of the town where the land was situated.

IDS i:aklv history

Ami ilif Hoard was, also, to rcjjort to the Gcnci-al
Assembly at tlic opening ot each session, and the
reports when approved by that body were to be
recorded in the town clerk's office.

The Betterment Acts were enacted to enable
persons who had entered and made improvement
on lands, under claim and color of title, who
should be driven out of possession Ijy a le,2:al trial
at law, to recover the value of the betterments or
improvements that such persons had made, Irom
the rightful owner of the land. And the Act pro-
vided that when any person or persons in actual
possession of lands of which they had purchased a
title, supposing such title to be good in fee, and
should be prosecuted l)y action of ejectment, or
writ of right, and final judgement should be ren-
dered against them, such person should have a
right of action to recover of him who had the legal
title, so much monev as should be adjudged cquit-
aWe for the improvements; and the mode of pro-
ceeding was pointed out in the Act.

A new Betterment Act was passed in 1784, and
another in 1785, which superceded the first act
and a change was made as to the amount of the
recovery- and the mode of ascertaining the value
of the betterments or improvements ; but the main
feature and purpose of the first act was retained.
In the bill of 1784, the rule of recovery was, so
much money as the true value ofthe estate exceed-
ed its real value (after deducting the interest C)f
such real v^due at six per cent per annum) at the
time the settlement ofthe land began. Bv the act
of June. 1785. the jury were to assess the value

OF VKRMOXT. 199

of tlie land as at the time of" settlement by the
possessor, and assess the value at the time of trial
or assessment, as if the same was uncultivated,
and allow the possessor one half of what the land
had risen in value, and add thereto the value of
the improvements ; these two items ^vas to be the
amount of the recovery of the person who had
been dispossessed of the land he had supposed he
had purchased vrith a good title.

The Betterment Act met withconsidercible oppo-
sition. The opposers said, '"the law makes everv
man a trespasser who enters upon the land of an-
other without license and subjects him to dam-
ages ; ]n\t bv this Act you would compel the legal
owner to pay him a bount\' for his trespass." This
law was clearl}' founded on the principles 'of
natural justice and was in great favor with the
people of Vermont. Daniel Chipman, commenting
on the Act and on the uncertainty^ of the titles to
land in New England, said, purchasers were not
accustomed to receive the title deeds so as to have
in their hands evidence of the title. Consequently
a man so disposed could impose on one and sell
him lands as well without the expense of a pur-
chase as with. And swindlers took advantage of
this state of things and made a business of selling
lands without making a purchase.

Simeon Sears was one of these primitive swind-
lers, who had become notorious in that line of
business, and the following anecdote was told.
Some of the people of Bennington had been con-
fined in the City Hall at Alban3' b^- the authorities
of New York. The Citv Hall, of course, became a

201) KAKLV msT(nn'

hated place, and an oljject of dread to the Green
Mountain Boys and became a subject of conversa-
tion at all their meetings, and they began to con-
sider ways and means to destroy it. And at one
of the meetings a number of modes of effecting this
were proposed, and among the rest, several modes
of blowing it up. But Ethan Allen said, "Xo, the
better way will be to employ Sim Sears to sell the
d-d thing."

From 1784-, to 1787, the times were hard and
the people were becoming uneasy and discontent-
ed. They were burdened in their poverty-stricken
condition at the close of the Revolutionary War,
with the surve3'ing and alloting the lands, the
cutting of roads, subduing the wilderness, and
erecting places of abode. Most of the people in all
the new towns were burdened with debt, and de-
pendent upon the productions of the soil to paA^
them ; markets were distant, and the cost of trans-
portation great. The capital of the richest men
was mainly in land, and therefore but ver}^ few
were able to loan money at any rate of interest,
or on an}' security, however good ; specie was
rarely seen, and the paper currency- was for the
most part of little value. Many complained, but
hardly knew where to fix the blame for the dis-
tress that was abroad. Some contemplated the
same violent remedy that was attempted in other
States, and that culminated in a neighboring
State in Shay's Rebellion.

A disturbance of the proceedings of the courts
in Rutland County in Nov. 1786, was threatened,
and a mob that had gathered for the purpose of

OF VERMONT. 201

interfering with the business of the court and to
prevent the session from being held, had to be dis-
persed bj^ the militia. The leading rioters were
arrested, tried, convicted and fined, and the rebel-
lion quelled. A similar attempt had been made to
interfere w4th the court and its proceedings at
Windsor a few days before, with like result as in
the Rutland County affair.

The General Assembly in session at Rutland in
Oct. 1786, was active in passing laws for the re-
lief and quieting the people. Jonathan Fassett, a
leader in the Rebellion and a member of the
Assembh% w^as impeached, and found guilt^^ of
riotous conduct. An Act for the prevention and
punishment of riots, disorders and contempt of
authorities, w^as passed b^^ the Assembh', March
8, 1787. The leaders of the discontented aimed
their shafts particularly at Gov. Chittenden and
Ira Allen ; the latter made an elaborate defence of
himself, and Governor Chittenden appealed to the
public in an address, in which he stated that the
people of Vermont w^ere in a much better condi-
tion than the people of the other States ; that
while the Revolution had left on the United States
a debt of $42,000,375, exclusive of their own re-
spective State debts, Vermont had but a trifle to
pay. He said that, "In the time of the war we
were obliged to follow the example of Joshua of
old, who commanded the sun to stand still while
he fought his battle ; we commanded our creditors
to stand still while we fought our enemies." And
consequently, he said, the people were left in debt
and behind hand, harrassed and destitute of pro-

LMil> i-:awi.v iiis'i'()K'\'

visions nL tlicclost* ol ihc war. Ik* said one rea-
son for their present distress was. tliat sinee the
elose of the war. "in hen of exerting" or.rselves to
tlie ntterniost. to raise flax and wool and clothe
ourselves, we have purchased on credit too many
articles of the growth and manufactures of for-
eign countries, by which means we have drained
the State of nearly all the Ccish we had, and a
great part of our cattle, ■"'■ " * and I know of
no certj:un effectual method that can be taken to
afford substantial relief, but by prudence, industry
and economy, and these must be encouraged by
government."

Shay's Rebellion ])roke out in tlie Common-
wealth of Massachusetts in 17S7, and the Gov-
ernor of that State recjuested the assistance of
Vermont in apprehending and returning certain of
the rebels that had taken shelter in \'ermont, to
Massachusetts authorities. Governor Chittenden
issued his proclamation enjoining upon all the cit-
izens of the State not to liarl'jor, entertain or con-
ceal Daniel Shay. Luke Day, Adam Wheeler and
Eli Parsons, leading rebels, and rerjuiring all jus-
tices of the peace to issue their warrants when- re-
quired, to apprehend them thiit they might be re-
turned to the authorities of Massachusetts or de-
livered to some civil or military officer. And the
citizens of this State were forbidden to take arms
in support of the rebellion or contribute relief to
its abettors and promoters.

On April 'iO, 17S7, about one Imndredofthe
rebels who had been driven from ADissachusetts,
met at Ca])tain (^^lalusha's in Shaftsl)ury to agree

OF VERMONT. 20»>

on measures to continue their opposition to their
o^overnment, ])ut the sheriff of the County, Jonas
Galusha, commanded them to disperse, and the^-
immediately left the State and met at White Creek
in the State of New York. Several of the rebels
were arrested in Vermont and returned to Massa-
chusetts' authorities. Ethan Allen had been
wrongfully accused Vv'ith S3"mpathizing with the
rebellion, but he declared, "he had never had any
communication with Shay or an3^ of his adher-
ents, directly or indirectly, but that he had heart-
ilv desoised both of them and their cause."

GHflPTER XI.

VERMONT'S ACTS OF SOVEREIGXTV

All the acts of Vermont, especially from 1778,
to 1791, were really the acts of a sovereign State,
and peculiarh^ so, as the internal police regulations
were enforced against New Vork and the adher-
ents of that State in Vermont, as well as against
Congress. The act of issuing bills of credit and
making them a legal tender for debts, coining
mone\% regulating weights and measures, estab-
lishing post offices, naturalizing natives of other
States and countries, corresponding with foreign
governments in respect to commerce, which she
exercised, were all acts of an independent and sov-
ereign State.

It was enacted in 1781, that there be printed
bills to the amount of twenty-five thousand one
hundred and fifty-five pounds of lawful monc\' for
the payment of the debts of the State and other
public purposes, and a committee were empow-
ered to make a device and form for the bills. The
bills w^ere to be a law^ful tender for payment on all
contracts and executions, and should be redeemed
b\' the treasurer of the State, by the time fixed in
the act, in silver, at the rate of six shillings for one
Spanish milled dollar, or gold equivalent. The
penalty that a person was subject to, if found

OF VERMONT. 205

giulty of altering or counterfeiting the 1)ills, or
making instruments for that purpose, was death.
The amount issued under this act was 24,750
pounds. By an act passed in Feb. 1782, the bills
of credit were not to be legal tender after June 1,
1782, except in the treasury of the State.

On June 15, 1785, an act was passed granting
Reuben Harmon, Jr., Esq., the right of coining cop-
per, and by an act of Oct. 24, 178G,that right was
extended for the term of eight years Irom July 1,
1786; the coins issued in 1785, and before Oct.
1786, had on the face of the coin the legend,
''Vermontensium. Res Publica.'^ — meaning. The
Republic of the Green Mountains, or Vermont ;
and the device was a rising sun, with mountains
and trees in the foreground, and a plough in the
field beneath — significant of a new and rising agri-
cultural State. On the reverse, the device was an
e3^e, radiating to thirteen stars, with ''Quarta.
Demcima. Stella,'' for the legend — signifying that
Vermont, as the fourteenth State, was looking for
admission to the Union with the thirteen States.

B\^ an act passed Oct. 24, 1786, both the
legends and devices \vere changed — the device to a
bust in a coat of inail, and the legend to Vertnon
Auctori — meaning by the authority of Vermont.
On the reverse, was a female figure, seated with a
shield at her side, and holding in her right hand an
olive branch, in her left a rod. The legend was
Inde: etLib: — meaning independence and liberty.
There were other devises and mottoes.

On Oct. 26, 1787, an act was passed, naturaliz-
ing Solomon Willard of Xew Hampshire, declaring

200 i:akl\' HisToKv

him "to be entitled to all the ]3rivile*j;es, benefits
and immunities of a natural born subject and
member of this Commonwealth, and shall forever
hereafter have and enjoy the freedom of Vermont."

On March 10, 1787, an act was passed natural-
izing Hon. St. John de Crevecoeur and his two
children. The father was a citizen of France — was
l)orn in Normandy in 1731, educated in r>ngland
and came to America in 1754, and settled on a
farm near New York Cit3% from which he was
driven b\' the British during the Revolutionary
war, and returned to England. Afterwards he
became the author of several literary- works.

An act establishing post offices in the State
passed the General Assembly March 5, 1784, and
Mr. Anthony Haswell of Bennington was appoint-
ed Post Master General within and for the State
of Vermont. Five post offices were established
within the State: viz., in Bennington, Rutland,
Brattleboro, Windsor and Newbury-, and the post
riders from Bennington to Brattleboro were to be
allowed three pence per mile for travel, and those
on the other routes two pence per mile, and were
to have the exclusive right of carriage, and enjoy
the advantage of the fees arising from the carriage
of letters and packets of every kind ; and the rate
ot postage was to be the same as in the United
States. The Governor had the right by the act to
frank his letters or packets.

In these da3's of railroads run b\' steam or elec-
tricity, telegraphs, and telephones, we can hardly
realize the meager facilities for communication and
transportation during the earlv history ofVer-

OF VK R.MONT. 207

mont. It was a great event when in Nov. 1787,
a stage wagon for the first time was erected to
run, with four horses, between the city of New
York and Stratford Ferry in Connecticut; which
completed the stages from Portsmouth in the
State of New Hampshire to Richmond in the State
of Virginia, a distcmce of over 700 miles. January
21, 1788, Daniel Marsh advertised himself as post-
rider from Clarendon to Onion River, Jericho being
the end of his route; but there was no authority
for establishing an office in Chittenden County,
which then extended to Canada line, until June 1,
1792. At that time additional offices w^ere opened
in Manchester, Vergennes and Burlington, under
authority of Congress.

On March 9, 1784, the Council resolved that
the Governor be requested to take such measures
as he should judge best for opening trade with the
Province of Quebec, but theAssembh^ did not pass
the act, and nothing definite was done on the sub-
ject till Oct. 29, 1784, when it was enacted that
the Governor and Council be authorized and em-
• powered to appoint not exceeding three persons
as commissioners to confer and agree, with per-
son or persons in Canada, having power to agree
concerning trade and commerce, pertaining to
"the opening a free trade into and through said
Province of Quebec." Ira Allen, who was one of
the cominissioners, instituted negotiations with
Great IJritain through Lieutenant-Governor Ham-
ilton in the city of Quebec.

By proclamation Lord Dorchester, Governor-
in-Chief ol the Province of Quebec, permitted the

208 i:aklv histokv

free importation and exportation of lumber,
Lj^rains, produce, live stock and other things. It
was supposed the intention was to make the priv-
ilege reciprocal, but neither the proclamation nor
the ordinance limited the privileges to or with the
State of Vermont, nor did it declare that they
were granted in response to any application of
Vermont; they applied to the United States as
well as Vermont, but the advantages were enjoyed
by the people of Vermont almost exclusively, on
accoimt of the proximity of the State to the Prov-
ince. Lord Dorchester could not tolerate any
separate intercourse with the people of Vermont
without infringing upon the treaty of peace of
1783, with the United States — that treaty includ-
ed Vermont within the boundaries of the United
States. Pine timber and ashes constituted by far
the largest part of the exports from Vermont for
many years. Certain articles were prohibited
from being exported or imported.

GHflFTER XI

SETTLEMENT OF THE CONTROVERSY WITH

NEW YORK AND ADMIvSSION OF

VERMONT.

Certain gentlemen in New York, during the
winter of 1784, presented a petition to the Assem-
bly of that State, praying that they would pass a
law to enable their delegates in Congress to apply
for and consent to the sovereignty^ and independ-
ence of Vermont, and a bill was brought into the
House to that effect ; many were desirous to reach
some kind of a compromise with the Vermont set-
tlers in respect to the title of theii* lands that was
in dispute. William Samuel Johnson, a delegate
in Congress from New York, and who seemed in-
clined to favor an equitable settlement of the
long-drawn-out controversy, thought it a favor-
able opportunity^ for the Vermohters, who had
taken title to their lands under the New Hamp-
shire grants and from the State of Vermont, to se-
cure an indisputable title to their farms.

In the spring of 1787, Alexander Hamilton, a
member for the City of New ^York introduced into
the New- York Assembly a bill entitled "An act to
empower and direct the delegates, to acceed to,
ratify and confirm the sovereignty and independ-
ence of Vermont, on conditions -that Vermont
should confine the limits of her territory between

r:^ ■■•■■■■■ i:i09)

210 KAKLY HISTORY

Conncclicnt River and the line t\vent\' miles east
of Hudson River, and requiring Vermont to accede
to the Union and preserving New York titles to
land in Vermont.

Hamilton, in presenting the bill, said in part,
"I believe there is pot a member of this House but
considers the independence of the district of terri-
tory .n question, is a matter fixed and inevitable.
All our efforts to a different point have hitherto
proved fruitless, and long since we seem to have
entirely given up the controversy. Vermont is, in
fact, independent, but she is not confederated.
And I am constrained to add that the means
which the}' employ to secure that indpendence,
are objects of the utmost alarm to the safety of
this State, and to the confederation at large.
* * * It is not natural to suppose, that a pow-
erful people both by number and situation, uncon-
nected as the\' now stand, and without an^- rela-
tive importance in the Union, irritated by neglect,
or stimulated by rev^enge — I say, is it not probable,
under such circumstances, they will provide for
their own safety, by seekingconnection elsewhere?
And can he who hears me doubt but that connec-
tions have already been formed with the British in
Canada? " * * Confederated with a foreign
nation, we can be at no loss to anticipate the con-
sequences of such a .connection, nor the danger of
having so powerful a bod\' of people, increasing
rapidh' in numbers and strength, associated with
a foreign power, and ready upon an}- rupture to
throw their weight into an opposite scale. In
their present situation, they bear no part of our

OF VERMONT. 211

public burdens ; if they were a part of the Confed-
erac3', the3' must of course participate in them ;
the\' are useless to us now, and if they continue as
they are, they will be formidable to us hereafter."

The bill was taken up in the Assembly on
March 28, 1787. Richard Harrison made a
strong argument against the independence of Ver-
mont, and said, among other things, in substance,
that the adherents of New York, her citizens and
those who had purchased lands in that territory
by grants from New York, had the right to be pro-
tected in person and property ; that the bill w^as
unconstitutional, impolitic and destructive to the
property and the rights of their citizens; that the
constitution has declared the Counties of Cumber-
land, Gloucester and Charlotte shall be repre-
sented in the Senate and Assembh^ of New York.
He treated the alleged connection between Ver-
mont and the British Government a phantom, but
if such a connection existed Vermont must be re-
duced to a sense of duty.

To this argument Hamilton made a candid and
masterly reply, but it is too long to insert here the
full text, and I shall be content to give only a few
extracts. He asserted that the chief object of gov-
ernment to protect the rights of individuals by the
united strength of the community, must be taken
with this limitation : — The united strength of the
community ought to be exerted for the protection
of individuals so far as there is a rational prospect
of success, and so far as is consistent with the
safety and well being of the w'hole. * * * But
is not bound to enter into and prosecute enter-

212 HAKLV HISTORY

prises of manitcst rashness and lolly; or in the
event of success, would be jiroductive of more mis-
chief than good. * * Arc we now in a situa-
tion to undertake the reduction of Vermont, or
are we likely to be in such a situation? Where
are our resources ? Where our public credit to en-
able us to canw on an offensive war? We ought
to recollect that in war, to defend or attack, are
two different things ; to the first, the mountains,
the wilderness, the militia, sometimes even the
poverty of a country- will suffice. The latter re-
quires an army and a treasury. The population
of Vermont will not be rated too high if stated at
nearl3" one-half that of New York. '^ '" * Can it

be imagined that it would be able, finally to re-
duce such a people to its obedience ? The supposi-
tion would be chimerical, and the attempt mad-
ness. Can we hope for a more favorable posture
of affairs hereafter ? Will not the population and
strength of Vermont increase in ratio to our own?
* * * The scheme of coercion would ill suit even
the disposition of our owm citizens. The habit of
thinking to which the revolution has given birth,
is not adapted to the idea of a contest for do-
minion over a people disinclined to live under our
government. Arid, in reality, it is not the interest
of the State ever to regain dominion over them b^^
force."

On April 11, 1787, the bill passed the Assembly
Avith a vote of 27 to 19, but the bill failed in the
Senate. The vote in the Assembh' and the dis-
cussion showed that New York was fast losing
her grasp on Vermont. It would seem by a letter

OF VERMONT. 213

written by James Madison to George Washington
March 18, 1787, that if" Vermont now consented
to become a State of the Union, it must be on two
conditions : First, that neither the boundaries nor
the rights of her citizens shall be impeached under
the 9th article of Confederation; second, that no
share of the public debt already contracted shall
be allotted to her.

In 1788, no attempt was made to secure the
assent of New York to the independence of Ver-
mont, but during that year New Hampshire, Vir-
ginia and New York ratified the Constitution of
the United States, and Kentucky, with the consent
of Virginia made application for admission into
the Union which the Southern States would favor,
while the Northern States would favor the admis-
sion of Vermont as a counterpoise. Thus earl3^ a
sectional feeling manifested itself. The most em-
barrassing question now was, how should the
conflicting land titles be settled. Vermont was
desirous to avoid having the titles to the lands
left to the decision of the Supreme Court for fear
that they would hold that the New York title
would beheld the better title. On July 15, 1788, Na-
thaniel Chipman wrote Hamilton, and asked him
it it was not probable that the Federal Legisla-
ture, when formed, might on the concession to the
Union, be induced on some terms, to make a com-
pensation to the New York grantees out of their
western lands, and said that if those difficulties
could be removed, opposition of Vermont to be-
coming a member of the Union would be reconciled.

Hamilton in replv, on July 22, 1788, said that

214- EARLY HISTOKV

"the accession of Vermont to the Confederacy is
doubtless an object of ^j^reat importance to the
whole. " * * Upon the whole, therefore, I think
it will be expedient for you as early as possible,
to ratify the Constitution, upon condition that
Congress shall provide for the extinguishment of
all existing claims to lands under grants of the
State of New York, which may interfere with
claims under the State of Vermont."

In Grand Committee of both Houses, on
Oct. 22, 1787, Moses Robinson, Ira Allen and
Jonathan Arnold were elected agents to Congress ;
and on Oct. 25, 1787, the General Assembly re-
solved that it be the duty of the agents to Con-
gress to use all due diligence to remove every ob-
stacle to the accession of the State to the Federal
government. John Jay and more than vsixty oth-
ers of New York presented their memorial to the
New Y^ork Legislature suggesting it would be ex-
pedient to appoint commissioners with full powers
to treat of and agree to, the independence of Ver-
mont ; and on Feb. 27, 1789, theNew^ York Assem-
bly again passed a bill on a vote of 40 to 11, de-
claring the consent of the Legislature of that State
to erecting the district of Vermont into a new
State by Congress.

This bill also was defeated in the Senate. But
on July 6, 1789, the New York Assembly passed a
bill, that became a law, appointing seven Commis-
sioners to declare the consent of the Legislature to
erect the Vermont territory into a new State on
such terms and conditions and in such manner and
form as they should judge necessary and proper,

OF VERMONT. 215

with the restriction that no person claiming lands
in such district should have any right to an\^ com-
pensation whatsoever from New York.

On July 23, 1789, the Vermont Legislature ap-
pointed, also, seven Commissioner's with like pow-
ers, purposes and restrictions. Upon this subject
the following lines were published in the Vermont
Gazette Jan. 25, 1790:-

At Westminster, lately, the State of Vermont,
After due consultation determined upon't.
That seven good me7i were sufficient to join
With New York to determine the government line,
Remove all obstructions and point out the way
For Vermont in the Union her stars to display ;
But alas ! brother freeman, I fear it will prove
We have raised six or seven new blocks to remove.

The Vermont Commissioners went to Albany to
fulfil the duties of their appointment and to con-
fer with the New York Commission; and a long
correspondence took place between the two Boards
of Commissioners. The New^ York Commissioners
concluded the powders given them were not suffi-
ciently broad to treat ftilly on all the subjects of
the controvers3^ They, however, afterwards ob-
tained ample power from their Legislature. The
two Boards met at New York on Sept. 27, 1790,
and after a long negotiation the two Boards of
Commissioners agreed, and executed a formal in-
strument in writing as a basis of final adjustment
of the whole controversy.

By this agreement New York was to give her
consent that Vermont be admitted as one of the
United States of America, and the boundary- line
between the two States, to be where it now is ;
and on the admission of Vermont^ all claims of

210 KAKLV HISTORY

jurisdiction froiii the State of New York, within
the State of Vermont, should cease; that if the
Legislature of the State of Vermont should on or
before Jan. 1, 1792, declare that the State of Ver-
mont, should on or before June 1, 1794, pay the
State of New York the sum of thirty thousand
dollars, then all right and title of New York, to
lands within the State of Vermont under grants
from the government of the late Colony- of New
Y^ork, or from the State of New York, should
cease. If Vermont should not elect to make such
declaration, it was provided in the instrument
how New York should be compensated in lieu of
the thirty thousand dollars.

As Vermont made the required declaration and
afterwards paid the thirty thousand dollars to
New Y'ork, we omit the other provision. The
Vermont Commissioners reported to the Legisla-
ture of Vermont that they closed the negotiations
with New York on Oct. 7, 1790. And on Oct. 28,
1790, it was enacted b\' the Legislature of Ver-
mont that the treasurer ot the State pa3' to the
State of New York the thirty thousand dollars on
or before June 1, 1794, and that the boundary line,
agreed upon, be made perpetual, and that all
grants, charters, or patents made by or under the
government of the late Colony- of New York, in the
Vermont district, except such as were made in
confirmation of grants, charters or patents bj" or
under the government. of the late Province of New
Hampshire, "are declared nul and A'oid, and in-
capable of being given in evidence in an}' court of
law within this State."

OF VERMONT. 217

Alexander Hamilton exerted a greater influence
in obtaining the consent of New York to the inde-
pendence of Vermont and to her admission into
the American Union, than an\' other citizen of
New York. He was a man of great abilities and a
statesman of whom Yermonters have ever had the
highest regard, and her people regretted his iin-
timelv death.

An Act w^as passed by the Legislature of Ver-
mont on Oct. 27, 1790, authorizing a convention
to be called, to consist of one delegate from each
town, to meet at Bennington Jan. 6, 1791, to de-
liberate upon and agree to the Constitution of the
United States. The delegates were elected, and
the Convention met as provided b^^ the Act. The
general question arose in the convention vvhether
it w^ould be expedient or inexpedient for Vermont
to enter the Federal Union. Nathaniel Chipman,
the delegate from Rutland and a law3'er of supe-
rior abilities, took a leading part in favor of the
State entering the Federal Union and agreeing to
the Constitution of the United States. His argu-
ments were strong and convincing. He said in
part, in substance, that the narrow limits of Ver-
mont were w^hollj- inadequate to support the dig-
nitj^ or to defend the rights of Sovereignty- ; the
division of an extensive territory into small inde-
pendent Sovereignties greatlv retards civil im-
provements, but when small States are united un-
der one general government, civilization has pro-
ceeded, more rapidly, and the kindly affections
have much sooner gained an ascendent than when
the^^ remained under numerous neighboring gov-

218 KARLY HISTORY

ernnicnts; the weak arc jealous of the strong and
endeavor b}- art and cunning to supply their want
of power; the strong are ever ready to decide
every question by force according to their own in-
terest, that creates a want of public faith, recrim-
ination and animosities. In an extensive govern-
ment, national prejudices are suppressed, hostili-
ties are removed to a distance, and priyate in-
juries are redressed by a common judge ; the peo-
ple view all as members of one great family, con-
nected by all the ties of interest, of country, of
affinity- and blood.

We are almost encircled by the United States
that have become great and powerful, and our in-
tercourse with them must be on very unequal
terms. When our interests clash with those of the
Union, it requires very little political sagacity to
foretell that every sacrifice must be made on our
])art. In the event of war between Great Britain
and the United States, Vermont would be in a sit-
uation much to be regretted. Our country, from
its situation, would become a rendezvous and a
thoroughfare to the spies of both nations. Con-
fined to the narrow limits of Vermont, genius, for
want of great occasions, and great objects, will
languish, and the spirit of learning will be con-
tracted and busy itself in small scenes, commensur-
ate to the exigencies of the State, and the narrow
limits of our government; but admitted into the
Union, instead of being confined to the narrow
limits of Vermont, we become members of an ex-
tensive empire, social feelings will expand, channels
of information will be opened wide and the spirit

OF VERMONT. 219

of learning and laudable ambition will be called
forth.

Daniel Buck, the delegate from Norwich, op-
posed the admission of Vermont. He said, in part,
in substance, that Vermont, by her local situation,
had a uniformity of interest; that there w^as no
mercantile and landed interests found clashing
here, and that of lord and tenant was not known;
the laws, therefore, w^ere simple and suited to the
w^hole; the affairs of government were managed,
as it were, under the eye of the people and the ma-
chine was so small that every one could look and
see how the wheel moved, but if Vermont came
into the Union the sacrifice she makes must be
great — her interest must bend to the interest of the
Union ; that the people of the State must be much
happier unconnected with any other power, than
to be in the Union.

The Convention on Jan. 10, 1791, by a vote of
105 to 4, assented to and ratified the Constitu-
tion of the United States. The main act or reso-
lution of the Convention was as follows: viz.,
"This Convention having impartially deliberated
upon the Constitution of the United States of
America as now established, submitted to us by
an Act of the General Assembly of the State of
Vermont passed Oct. 27, 1790, do in virtue of the
power and authority to us given, for that jDur-
pose, fully and entirely approve of, assent to, and
ratify the said Constitution; and declare that,
immediately from, and after this State shall be ad-
mitted b3^ the Congress into the Union, and to a
full participation of the benefits of the government

220 KAKLV HISTOKV

now enjoyed by the States in the Union, the same
shall be binding on us and the people of the State
of Vermont forever."

A duplicate of said Act and resolution was
transmitted to the President of the United States.
When the news of the result of the Convention
was received at Albany, New York, Jan. 13, 1791,
the independent company of artiller\' paraded in
uniform, and fired a Federal salute of 14 guns,
followed by three cheerful huzzas from the respect-
able citizens.

At Rutland, Vt., a celebration was held, and
after a collation, fifteen toasts were drank, with
the discharge of cannon. The following song
composed for the occasion was sung: viz, —

Come every Federal son,
Let each Vermonter come.
And take his glass
Long live great Washington,
Glory's immortal son ;
Bright as the rolling sun.
O'er us doth pass.

Hail, Hail this happy da\ .
When we allegiance pav,
T' our Federal head,
Bright in these western skies,
Shall our new star arise,
Strike our enemies
With fear and dread.

Come each Green Alountain Boy,
Swell every breast with joy,
Hail our good land,
As our pines climb the air
Firm as our mountains ai"e.
Federal beyond compare
Proudlv we stand.

OF VERMONT. 221

Fill, Fill vour bumpers high.
Let the notes rend tiie skv.
Free we'll remain,
By that immortal crown
Of Glorj and renown,
Which our brave heroes won
On blood stained plain.

Then come join hand in hand
Like a firm Federal band.
Bound by our [one] law.
From our firm Union spring-
Blessings unknown to kings,
Then each shout as he sings
Federal huzza.

On^^asc 20, 1791, the General Assembly of
Vermont passed an Act for the appointment of
commissioners to look after the interest of the
State in the matter of her admission into the
Union; and Nathaniel Chipman and Lewis R.
Morris ^vere appointed such commissioners, and
they repaired to Philadelphia in discharge of their
duties. The Act for the admission ofthe State of
Vermont into the Union was as follows; viz: —

"The State of Vermont having petitioned the
Congress to be admitted a member of the United
States — ]>e it enacted by the Senate and House of
Representatives ofthe United States of America in
Congress assembled, and it is herebv enacted and
declared, that on the fourth day of March, 1791,
the said State, b^^ the name and style of, 'The
State of Vermont,' shall be received and admitted
into this Union, as a new and entire member of
the United States of America."

This bill passed the House Feb. 14, 1791, and

222 EAKLV HISTORY

it passed the Senate and was dul}- signed b\' John
Adams, President of the Senate, and b}' George
Washington, President of the United States, Feb.
18, 1791. And on Feb. 25, 1791, Congress enact-
ed a law giving Vermont two Representatives in
Congress, and on March 2, 1791, passed an Act
giving effect to the laws of the United States with-
in the State of Vermont, and constituting Vermont
one judicial district, of which Nathaniel Chipman
w^as appointed Judge by the President, with the
advice and consent of the Senate.

We have now come down to a period in the his-
tory of Vermont when she first stood as one of the
sovereign States ol the United States of America.
We have seen she has filled a unique place in his-
tory. She is the only State of the Union, save
Texas, that lor 3'ears held her place among the
nations of the earth absoluteh' independent from
all other nations, Kingdoms or States, rendering
obedience to no other power. She established
post offices and post routes within her borders,
issued bills of credit, coined money, made treaties
with foreign powers and agreed with them on the
terms of exchange of prisoners in time of war, and
other sovereign acts that the States of the Union
could not exercise under the Constitution of the
United States. She was not only the first State
that was admitted into the Union after the orig-
inal thirteen Colonies had become confederated,
but was the first State that never had tolerated.
Slaver^' within her borders.

There has been a misunderstanding or dispute
as to whether persons were ever held as slaves in

OF VERMONT. 223

Vermont. The official printed reports of the cen-
sus of the United States assigned sixteen slaves to
Vermont in 1790, or 1791, all in the County of
Bennington. The fact was discovered after the
publication of the report, that the persons charged
to Vermont in 1790, as slaves, were free blacks.

The most severe battle that was fought on the
soil of Vermont while she was acting as an inde-
pendent jurisdiction was near the present village
of Bennington on August 16, 1777. The victory
there won over the British forces was made pos-
sible by the heroism and the blood shed by the
brave Green Mountain Bo^'s. The defeat of the
enem}^ on the field hastened the surrender of the
British army under General Burgoyneat Saratoga,
and the surrender of the Royal troops under Gen-
eral Lord Cornwallis, at Yorktown, and the close
of the War of the Revolution.

It is but a few years since, that the spot where
that battle was fought and victory won, was
marked by the erection of a monument. The
General Assembly of Vermont passed an act Nov.
28, 1876, incorporating the Bennington Battle
Monument Association, for the purpose of erect-
ing and maintaining a suitable monument com-
memorative of the achievements of General John
Stark and the patriot soldiers of Vermont, New-
Hampshire and Massachusetts at the decisive
battle of Bennington. The monument was erect-
ed, the shaft of which was 100 feet high, at the
expense, with the grounds, of $90,000. The one
hundredth anniversary of the Battle of Benning-
ton was celebrated at Bennington on a grand

224 EARLY HISTORY

sc£ilc, and with imposing ceremonies, on August
16th, 1877.

The Battle of Bennington was not commemor-
ated by the erection of this monument on account
of the large numbers engaged (for the numbers
were small in com]3arison to the great battles of
the world, like Waterloo and Gettysburgh), but it
is remembered for the principle at stake, the hero-
ism and self-sacrifice displayed. Judged b\^ these
standards, it will be reckoned among the memor-
able battles of the world.

At the time the chances seemed to be desperate.
Burgo^me was making a successful march with a
trained veteran army from Canada to the Hudson
to connect with the British force under General
Clinton. Ticonderoga had fallen, and the Ver-
monters had been defeated at Hubbardton, and it
looked as though Burg03'ne's march to Albany
could not be prevented. The wdiole frontier of
Vermont was exposed to the enemy composed of
British troops and savages. The left flank of
Burgoyne's army must be struck and vanquished,
for it was nearing Bennington, where the supplies
for the Vermont soldiers were stored. What was
done must be done quickly. The situation was
critical. Soldiers from Massachusetts, • New^
Hampshire and the Green Mountain Boys from
their farms were quickly gathered, and they under
General John Stark, seconded by Warner, met the
enemy on August 16, 1777, and won a victory
that not only saved Vermont from the incursion
of the British troops and savages, but the nation.

In that battle the Vermont farmers fought

OF VERMONT. 225

with desperation ; it was the last hope of the
Hampshire Grants, who were fighting as Hon.
E. J. Phelps said in his dedicatory address, "for
all they had on earth, whether of possession or of
rights. The3^ could not go honae defeated, for they
would have had no homes to go to." Their vic-
tor3" sounded the first notes of the death knell of
the power of Great Britain over the American
Colonies. It revived the drooping spirits of the
American Generals and of Congress.

* Hon. John W. Stewart, Ex-Governor of Ver-
mont, in an address deliA^ered at the laying of the
corner-stone of the monument the 16th day of
August, 18^7, said, that, "Our fathers did rally
and stand here, like a wall of consuming fire,
against the invading host, and their rally and
battle and victory will forever stand in American
history as one of the most dramatic and eventful
episodes recorded on its pages. Probabl3^ few, if
any, of those engaged in the battle began to meas-
ure the momentous consequences w-hich hung
upon its issue. It seemed to them simply a strug-
gle-for the capture or the retention of a quantity
of supplies, and so far important; but the far-
reaching consequences of the result could not then
be foreseen. Our fathers builded better chan the^^
knew. We estimate the value of their services in
the light of subsequent events. But their want of
foreknowledge does not detract, in the slightest
degree, from the moral quality of their action.
That lies in their read}', unselfish loA-alt^^ to a peril-
ous duty, and their prompt response to its call at
the risk of life itself.

•J3

22G ICAKLV HISTORY

"No race of men ever trod this jjlanet, who
more than they revered and respected rightful au-
thority, divine and human, and it was tlie ri2:ht-
ness and righteous exercise of authority which
commanded their respect and allegiance. Its abuse
they knew was outside the functions of govern-
ment and therefore intolerable. * *' On Aug-
ust 14 Baum had reached a point £d)OUt six miles
from Bennington and had captured a large quanti-
ty of wheat and flour at Sacoik mill. From here
he wrote a dispatch toBurgoyne, that about 18t)0
militia were in his front, which would leave at his
approach; of w^hich another has wittilv said,
they did leave but took Baum's whole arm\^ along
with them. On the night of the 14th Baum en-
trenched his army in a strong position. On the
15th it rained. On the 16th Stark attacked the
entrenched and disciplined troops on all sides.
They made a brave defense, but they w^ere nearly
all killed or taken prisoners. Immediateh' after
the battle was over Col. Breyman, sent to rein-
force Baum with five or six hundred men, was ob-
served approaching, with whom a second battle
was fought, continuing until sunset, when the ene-
m}' fled, leaving his artillery- and escaping in the
darkness. About 700 of the enem}' w-ere captured
and 207 men killed. * * '■• Burgoyne in a pri-
vate letter to the British minister, soon after the
battle, said, the New Hampshire Grants, in par-
ticular, a countr3' unpeopled in the last w^ar, now
abounds in the most active and most rebellious
race of the continent and hangs like a gathering
storm on m3' left."

GHflFTER XIII.

A RESUME AND EARLY HISTORY OF VER-
MONT CONCLUDED.

There has been presented in this and the previ-
ous chapters the main features of the struggle of
the Green Mountain Boys for an independent ex-
istence from New Hampshire and New York. It is
not possible to crowd into one volume of moder-
ate size all the acts and a detailed history of the
people of the territory- named Vermont, and shall
be content with a short resume.

Before the American Revolution the New Hamp-
shire Grants were engaged in their conflict with
New York. The Grants had taken and paid for
their lands as a part of the Colony of New Hamp-
shire, under grants from its governor as agent of
the British Crown. New York, for more than a
hundred years from the date of her own charter,
attempted no jurisdiction over the Grants. But
after the settlements began to be numerous and
had grown to considerable importance. New York,
greed V to enlarge her boundaries, arbitrarily
began to claim that her eastern boundary extend-
ed to Connecticut River. The loosel3^ drawn and
even conflicting charters of New Hampshire and
New York invited a controversy. The greater in-
fluence and pov^er of New York obtained from the
Crown an order establishing the Connecticut as
the dividing line, and then claimed that all of the

(227)

228 KARLV mSTOKV

grants of land, that had l)ecn made l)y the Gov-
ernor of New Ham])shire, were void, and cUiimed
the right to and did grant the same land to others,
to some extent.

The Grants claimed that if the decree or order
of the Crown had any effect it could not be retro-
active; that it did not invalidate titles that had
become vested in the possessor, whether acquired
under the New Hampshire charters or grants or
by adverse possession. The settlers resisted the
claim of New York and their efforts to confiscate
their land, and in 1767, succeeded in again bring-
ing the subject before the King and Council, who
reheard the matter and positively forbid New
York making further grants of land that had been
granted by New Hampshire prior to 1764, but
New York, nevertheless, continued to make grants.
The settlers were without mone^^ and had no
means to resist the arbitrary course of New York.
Justice was denied them in the Courts of New
York. Then they set the authorit3^ of New York
at defiance and resolved to protect themselves.
How well the grants succeeded has been told in
these pages. When the authority of Great Britain
was thrown off, the organization of a separate
government was a necessity unless they submitted
to the arbitrary power of New York, as New
Hampshire, after the Royal order of 1764, had
withdrawn all claim to lands west of Connecticut
River.

In 1777, a Constitution was drafted and rati-
fied, and an election was held under it, and Thomas
Chittenden was made Governor. Under this con-

OF VERMONT. 229

stitution Vermont was for thirteen years an inde-
pendent community, when it was admitted as an
independent State. Down to this time she had
maintained herself against New York and against
Congress. Hon. E. J. Phelps, said, in an oration
delivered at the dedication of the Bennington
Battle monument, that, "No oppression charged
upon Great Britain by America, approached that
sought to be visited b3' Congress and New York
upon Vermont, while she was lighting side by side
with them to her last man and last dollar, in the
struggle for national independence."

The more closelv we study the lives and achieve-
ments of earl3^ Vermont men, the greater is our ad-
miration for their patriotism, their love of liberty,
their character and capacity. It came to be seen
by New York that the right of self-government
ought not to be denied to Vermont, nor the lands
of her people taken from them, and that such re-
sults could onl}' be attained by a war of extermi-
nation. The demands of Vermont were finally'
conceded. So Vermont came more than a hun-
dred years ago into the sisterhood of the States —
the first accession to the thirteen original States.
She came into the Union unconquerable in spirit,
proud of her untarnished histor\% and reluctant to
surrender the independence that had cost so much
and been cherished so long. But she came to re-
main.

Mr. Phelps, in the oration referred to, referring
to the monument, said, "Long before it shall cease
to be reckoned as 3^oung, we and our children will
have disappeared from the scene. It is our mes-

230 KARLV HISTORY

sender to posterit}'. Here it shall wait for them,
while the successive generations shall be born and
die. Here it shall wait for them, through the
evenings and the mornings that shall be all the
days that are to come. Crowned with the snows
of countless winters; beautiful in the sunlight and
shadows of unnumbered summers; companions of
the mountains which look down upon it, whose
height it emulates, whose strength it typifies,
whose history it declares. * " * It shall tell the
story not only of Stark and Warner and Chitten-
den and Symonds, the Aliens and the Fa^'S and the
Robinsons, and their compeers, but of that multi-
tude of their humbler associates, less conspicuous,
but just as devoted, whose names are only written
in the memory of God."

I will close this history of the early da^'S of
Vermonr and the acts of her sturd3' and brave
pioneers by quoting the eloquent words of Hon.
L. E. Chittenden, taken from an oration delivered
b}' him at Burlington, July 4, 1876. He said : —

"How was it possible that a few scattered set-
tlers, deficient in resources and poor in purse,
could accomplish the results which they did accom-
plish? In 1774, they numbered scarcely more
than 1,500 families. They w^ere dispersed from
the Winooski and the Great Bend of the Connecti-
cut to the Massachusetts line. They had no
means of assessing taxes, no organization which
was not pureh' voluntary'. The\' had already
maintained themselves against the powder of New
York through a struggle of nearly ten years.
They sprang to arms at the summons ot revolu-

OF VERMONT. 231

tion. Thc3' captured Ticonderoga, raised a regi-
ment which made the name of Green Mountain
Bo3^s historical, joined in the invasion of Canada,
saved the remnants ofWooster'sarm3^ and barred
their long frontier against invasion. Relieved
for a space from arms, they came into convention,
to form a constitution. The news of Burgo\'ne's
invasion, and St. Clair's retreat, arrested their
deliberations. Again they hurried to the frontier,
fought the battle of Bennington, raised another
regiment and paid its expenses out of Tory prop-
erty. Again they kept an invading army idle for
many months which almost outnumbered their
population, and sent them back to the place from
w^hence they came. Once more we find them in
convention at Windsor, finishing that first Con-
stitution, the most democratic, free and just ever
yet adopted in any American State. They adopt-
ed it without even the form of a vote, and having
launched the independent State of Vermont in de-
fiance of New York, New^ Hampshire, Kuig George,
and I might say of all the evil powers of earth and
air, they entered upon that singular struggle with
Congress and the other States, which did not end
until 1791, w^hen all opposition worn out or over-
come, Vermont took her seat at the national
board in a Federal Union.

"Look now at the men whose characters our
fathers could assimilate, whose diversities the3^
could make an element of strength. Let us name a
few of the leaders, who resembled each other in
one respect only — they were all patriots.

"There was Ethan Allen, a man of giant frame

232 f:arlv history

and iron muscle, in manner ron<i;h, \mt in soul as
gentle as a woman, impatient of restraint, intoler-
ant of opposition, his mind undisciplined and in
constant revolt against all control, human or
Divine.

"Ira Allen, his brother, a born diplomatist,
smooth and polished in address, equalh' skilled in
concealing his own thoughts and in discovering
those of others.

"Seth Warner, the soldier, open and generous,
into whose soul jealousy- or vice of an\' kind could
find no by-way to enter, the Bayard of Vermont,
without fear and without reproach.

"Their First Governor, a plain, simple farmer,
but shrewd and far-sighted, whom men could take
into their confidence in spite of themselves, whose
rule of life it was to make the best of ever^-bod}-,
because to use a rather Irish expression, which he
applied daih', "he knew they always turned out
better than he thought they would."

"The two Fays, Jonas and Joseph, masters of
the caucus, so" sj^stematic that no convention
could be held regular that had not a Fay for its
secretary.

"The Robinsons, negotiators, pioneers in all
missions to other States and powers: Nathaniel
and Daniel Chipman educated trained lawyers,
slightlv aristocratic, faithful servants of the church
by law established. Stephen R. Bradlay, a Demo-
crat by nature, the best political writer of his
time. Ebenezer Allen, who could not write a sen-
tence correctly, but who could and did write the
first American Pvmancipation proclamation. Re-

OF VERMONT. 238

member Baker, who always doubted which he
hated most, a Yorker,- a Tor\', or an Indian.
Cochran, a hunter and guide, a philosopher and a
patriot — and I might name a score of others, but
these will serve to make leaders enough for all our
political parties, for as man3' sects as ever opposed
the Pope, — so unlike each other in all things that
3'ou would not suppose the3^ could have sprung
from the same race. Had the\' been like ourselves,
they would have all been leaders, but each would
have led a different party.

"We have to go deeper to find their points of
unit3'. They all came from that iron-souled race
of thinkers, who, earh^ in the 17th century- burst
the letters of Church and State, and shook the
centres of monarch^^ to their bases with the prop-
osition, that the powers of government were de-
rived from the people, should be emplo^-ed for the
benefit of the people, that an^^ s^^stem or religion
w^hich taught the contrary' was no true system or
religion. For this faith they might be and were
broken on the w^heel, but from it they w^ould not
turn. They Avere Republicans in religion and in
politics. Emigrating from Europe into the free air
of this Western world these principles became a
part of themselves, their descendants carried them
into western Connecticut and Massachusetts, and
from thence into this wilderness, where they con-
fronted all the dangers and deprivations of a new
settlement. They , were patriots by birth, by
growth and by education. However much thej'
might differ in other affairs, they were all agreed
that thev w^ould not tolerate anv invasion of

234 EARLY HISTORY

their rights of person or propert3'. Thnt was
tyranny, and tyranny was to be resisted to the
death. They were taught by their fathers — their
lives were perpetual illustrations of the necessity
of united action. In their case division was de-
struction,— union, perfect union of opinion, re-
sources, characters, and powers alone could pre-
serve them.

"I now^ ask 3- our attention to some of the con-
sequences to the person and the community of this
common unity of action and opinion, among these
men, who differed so widely among themselves.
I need not remind you that in their time the tele-
graph, the railway and the steamboat had not
been invented. There was scarcely a highway
upon the Grants. Men went from place to place
on foot or on horseback, following Indian tvails or
lines of marked trees. You will scarceh' credit the
assertion that under such circumstances the full
effective strength of the new settlement could be
mustered at an^^ given point with nearly as much
celerity as now. The statement is almost incred-
ible, but you will hear my proofs before you reject
it. I take them from histor3\ It w^as on the 9th
of Ma\' 1775, when Allen summoned his first man
to march upon Ticonderoga. He lost a full day
waiting for boats, on the shore of the lake, and
even then captured the fort in the morning twi-
light of May 10th. There w^as then a block house
near the north end of the bridf^ie at Winooski. It
was called Fort Frederic, garrisoned by men en-
gaged in surveying or clearing the intervales
above. Thev were under the command of Remem-

OF VERMONT. 285

ber Baker. In some wa3', Allen's summons
reached Baker in time to enable him to call in his
men, equip them, embark them on a flat-boat, sail
down the river to its mouth, row or sail up the
lake, capture a boat filled with escaping British
soldiers, on the wa3^ to Canada, and to reach
Crown Point in time to take part in the capture
of that fort, before noon of the 10th of May.
Could 3^ou do much better now ?

"I find the fact also recorded that in the winter
of 1776, an express from Albany brought the news
to Bennington that Sir John Johnson with five
hundred Tories and a body of Indians was march-
ing upon Tr3^on County, then at the eve of insur-
rection. The Yorkers — the people who had kid-
napped Baker, and declared Allen an outlaw — im-
plored the Green Mountain Bo3^sto help them. Did
they answer, You are the men who, with strong
hand, without right, for more than ten 3'ears
have been striving to rob us of our homes ? Xo !
no ! Within twelve hours after the news reached
the Grants, more than ninet3' Green Mountain
Boys, armed, equipped and provisioned, were
on the march, and every one of these Yermonters
was furnished b3' a single town. The3' joined
Schuvler, marched to Johnstown, and received the
surrender of the invading force.

"David Wooster, a captain in the French war,
had a New York grant of lands in the town of Ad-
dison. In 1761, the Yermonters who had ex-
pelled Col. Reid from the meadows of Otter Creek
found Wooster serving writs on the settlers of the
lands he claimed. Thev tied him and his sheriff to

286 EAKLY HISTORY

a tree, threatened them with the Beech seal, and
released them only when' they had withdrawn
their writs, and promised to go and sin no more.

"We next hear of VYooster in midwinter of 1776.
Monti2:omery has fallen. Wooster is in command
of a defeated and dispirited arm^- below Montreal,
and the smallpox is epidemic among the frozen,
starved and wounded patriots, who have traversed
the wilds of Maine onl}' to be defeated before
Quebec. Thej^ are surrounded by an enem\' twice
their number. He is writing to Col. Warner.
'Our prospect is dubious.' he says, 'I have sent
to General Schuyler, General Washington and to
Congress. * * * but you know how long it
will be before we can have relief from them.' 'You
and the valiant Green Mountain Corps are in our
neighborhood.' * * * 'You all have arms and
ever stand readv to lend a helping hand to 3^our
brethren in distress.' Had I time I would read
the whole of this touching letter. He implores
Warner to send him help. 'Let the men set out at
once * * * by tens, twenties, thirties or fifties.'
'It will have a good effect on the Canadians.'
'i am confident I shall see you here with your men
in a very short time.^

"This letter was written near Montreal on the
6th of January, and on the 22d, onl^' 16 days
later, Schuyler withdrew his request upon Wash-
ington for reinforcements, because, as he said,
Warner h^id been so successful in sending men to
Wooster 's aid. Again the courage and celerity of
the Vermonters saved the army. The}- formed
Wooster's rear guard, standing like a wall be-

OF VERMONT. 287

t'.veen him and his pursuers, and fought all the
way from the St. Lawrence to the islands of Lake
Champlain. Nor did they relax their watchful
care until June, when the last weary, wounded
soldier ot that army was safely sheltered within
the w^alls of Ticonderoga.

"I could give many other illustrations of their
promptness in marching to protect a friend or de-
stroy an enem^^ Let us now note their conduct in
a difficult emergency.

"The embryo State never passed through a
darker period than that between the advance of
Burgo^aie and the battle of Bennington. The re-
treat of St. Clair left the whole western frontier
unprotected. Burgoyne scattered his proclama-
tions, setting forth his own strength and offering
protection to all who w^ould abandon the patriot
cause. All the provisions brought to his camp
w^ould be paid for in gold. The defection was
frightful. Everv wavering man accepted his
offers. Even one member of the Council, to his
eternal disgrace be it said, deserted. The people
were poor. They had no money or credit. Alarm
and confusion everywhere prevailed. A volunteer
force must be raised, armed, fed and clothed, or
the contest in this quarter was ended. How could
it be done?

"But there was a little band of men known as
the Council of Safety which was neither discour-
aged nor dismayed. They took account of their
resources as cooly as a few weeks before the}^ had
discussed the provisions of the new^ Constitution.
The prime necessit\^ of the moment was to raise an

238 KARLV HISTOKV

adequate tbree ot volunteers, and put a stop to
these desertions. Hotli objects were accomplished
b\' a sin^c^le resolution, conceived, adopted, and its
execution provided for, in a single session.

"Ira Allen, then a statesman 26 years old, was
its author. It provided for a committee of seques-
tration, with power to confiscate the estates of
the Tories and out of the proceeds raise and pan-
tile volunteers. It stopped desertions instantly.
Volunteers promptly came forward. This resolu-
tion was the first and a most fatal blow struck at
the army of Burgoyne.

"Let me now call your attention to an illustra-
tion of the practical common sense which appears
to have controlled the actions of our ancestors.
I refer you to their first convention to frame a
Constitution. It convened at Windsor in July,
1777. Half its members came direct from their
regiments to the convention. Burg03'ne was ap-
proaching with anarm^' which twice outnumbered
all the men on the Grants able to bear arms. Con-
gress had just declared that the idea of forming a
new State here was in substance derogatory to
that body and a violation of the rights of New
York.

"Cool and undismayed the delegates met in
convention. Ira Allen has written that 'the busi-
ness being new and of great consequence required
serious deliberation.' No doubt of that. A draft
of the Constitution was presented, by whom pre-
pared we do not know. They examined it section
by section. In the midst of the debate an express
arrived with news of St. Clair's retreat before

OF VERMONT. 239

Burgoyne. The families of the President and
man^^ of the members were exposed to the hireHng
and the savages in his train. Their first impulse
was to adjourn and hasten to the defence of their
homes. Just then a sudden Julv storm arose,
which their venerable chaplain declared was an in-
dication of the Almighty's will that the Constitu-
tion should be adopted then and there, and while
awaiting its cessation, in the very conflict of the
elements, the darkened hall illuminated bv the
flashes of the lightning, they formed a State. The
Constitution was read through and virtuallv
adopted. A vote appointing the Committee of
Safety- followed, an adjournment to December, the
storm passed over, and within two hours of the
arrival of the express the members were on their
way to defend their families and their firesides.

*'They came together again in December. Stir-
ring events had happened meantime in which the3'
had been actors. The battles of Bennington and
Hubbardton had been fought ; Burgoyne had sur-
rendered, Ticonderoga had been retaken, the
frontier had been cleared of the invader, and man3^
of the volunteers had returned to their homes.
The convention finished its work without delay.
They adopted a preamble and ratified the Consti-
tution. They decided that it was not expedient
to submit their work to a popular vote. They
named the 12th of March for their first election
and sent Ira Allen to Connecticut to have the con-
stitution printed."

GfiflPTER XIV.

GENERAL ETHAN ALLEN,

Ethan Allen was a descendant of Samuel Allen,
who came to New England in 1632. The most re-
markable famih' that ever lived in Vermont, espe-
cially in the early history of the State, was that of
the Aliens. It was numerous and closeh^ identi-
fied with the history of the controversy- with New
Hampshire and New York, resulting in the estab-
lishing a government under the name of Vermont.
From Samuel Allen of Chelmsford (in 1632), and
Windsor, Conn, (in 1636), descended the six sons
and one daughter of Joseph Allen of Litchfield and
Coventry, Connecticut: to wit. Gen. Ethan Allen,
Captain Heman, Lydia, Alaj. Heber, Lieut. Levi,
Zimri, and Col. Ira Allen.

There were three Heman Aliens in the Allen fam-
ily : one was the son of said Heber, and one the son
of Mathew the brother of Samuel Allen, and the
other the son of Joseph Allen. From Alathew Al-
len descended Maj. Ebenezer Allen of Tinmouth
and Heman Allen of Milton, Vt., and afterwards
of Burlington. Joseph Allen married Mary Baker
and they were the parents of Gen. Ethan Allen.
Mary Baker was the sister of the father of Remem-
ber Baker, the brave associate of Ethan Allen.
Remember Baker and the said six sons and daugh-
ters of Joseph Allen were cousins. The mother of
Remember Baker was aunt to Seth Warner : and

(240)

OF VERMONT. 241

thus it is seen that the most distinguished of the
early heroes and statesmen of Vermont were re-
lated by the ties both of blood and marriage.

Ethan Allen was born in Litchfield, Ct., January
10th, A. D. 1737. He was the eldest of his fa-
ther's family and the one that his parents designed
should receive a collegiate education, but the
death of his father in straightened circumstances
obliged Ethan to abandon, much to his bitter dis-
appointment, the pursuit of a collegiate education
in the 18th 3^ear of his age, while pursuing his pre-
paratory studies. At an early age he was fond of
political discussion and became interested in the
affairs of the Colonies and in their contentions
with Great Britain. He was a great reader and
he said he had "acquainted himself with the his-
tory of mankind." We have but a meagre account
of his early life, but it is said he followed the life
of a hunter for several years. The first account
we have of him in Vermont (New^ Hampshire
Grants) was in the \^ear 1766, and he immediately
took a liveh' interest in behalf of the people in-
habiting the Grants, who were suffering from the
wrongs and oppressive measures of the authori-
ties of New York.

Gov. Wentworth ol New Hampshire had grant-
ed townships as far west as Bennington, and
claimed the right under the Charter from the
British Crown to do so. The settlers had paid
for their lands in the several towns granted,
and had taken possession of them, felled the for-
ests, planted their crops and established their
homes. The people in each town thus settled

242 KARLV HISTORY

mana<2:cd and controlled their own municipal af-
fairs— eacli grant was sort of a primitive Repub-
lic. New York, another Province of .Great Brit-
ain, denied the right of New Hampshire, and as-
serted a right in opposition. The settlers sup-
posed that the conflict was simply a mere ques-
tion of Colonial jurisdiction, and had no idea it
was going to interfere with or disturb their title
obtained under the grants from New Hampshire.
But it was not long before they were undeceived,
for soon the Colonial officials of New York ignored
their rights and demanded pay for the lands
again for the New York speculators who recjuired
the settlers to take the title of their lands under
New York grants. The time had now^ come to op-
pose the claims of New York in their courts, or
appeal to arms to maintain their rights. In such
contests the Grants must have a leader who was
bold, energetic and fearless, and who sympathized
with them. They found such a leader and defender
of their rights in P^than Allen. He came to the
front in their support. He at first put confidence
in the courts of New York and when suits of eject-
ment were brought against those in possession of
lands under the New Hampshire grants, b_v those
who took their supposed title under grants from
New York, Allen took his law^-er and went before
the New York judges, and pleaded the Royal
grant purchased and paid for with the money of
the grantees, in full confidence that his claims
would be respected 133- their courts, l)ut he was
mistaken. The courts there rejected the RoN'al
grant and the titles obtained by the settlers under

OF VERMONT. 243

the grants from the Governor of New Hampshire,
as so much waste paper, and judgement was pro-
nounced in favor of the claimants under New York
grants. The King's attorney told Allen he "better
go home and advise his people to make the best
terms they could with their landlords, for might
often prevails against right." Allen answered,
"The gods of the hills are not the gods of valleys."
This the Yorkers found out later.

Allen saw that the magnitude of the work of
defense of the settlers was great. He knew it
demanded all his energies. He and the other Green
Mountain Boys were a great power and held the
Yorkers in wholesome dread. Allen was sleepless
and untirinsf. He would be in Connecticut enlist-

'te

ing material aid for the defense of the Grants; next
he w^ould be holding meetings in the Vermont
settlements, perfecting organizations for defence
among the settlers; then would be emplo^^ed in
resisting the New Y^ork sheriff and his posse. One
day he would be holding a court for the trial of a
Tory justice, and the next would be executing the
sentence with the twigs of the Avilderness; and then
he would appear where the enem^- would least
expect him. The enem\' looked upon him w'ith
dread, and the3'' denounced him as a rebel, the
leader of the mob, a felon, and an outlaw. The^'
were insane with rage, but he hurled back defi-
ance. He told them, "if you come forth in arms
against us, thousands of your injured neighbors in
the several Provinces will join with us to cut oft'
and extirpate such an execrable race from the face
of the earth." Allen and the Green Mountain Bo vs

244 EARLY HISTORY

had the British and the Indians as enemies to keep
at bay, and treacherous Tories and spies in their
midst to watch and su])due.

The first systematical and bloody attempt by
the British at Lexington to enslave America elec-
trified the mind of Allen and fulh' determined him
to take part in the controversy against British
aggression and in favor of the Colonies. And while
he was wishing an opportunity would present itself
that he might signalize himself in behalf of his coun-
try, directions came to him privateh^from the Col-
ony of Connecticut, to raise men from among the
Green Mountain Boys, and surprise and take the
fortress of Ticonderoga. This enterprise he cheer-
fully undertook, cut off all intelligence between the
garrison and the country, and made a forced march
from Bennington and arrived at Lake Champlain
opposite Ticonderoga on the evening of the 9th
da3' of May, 1775, with 230 brave Green Moun-
tain Boys. It was with great difficulty that he
procured boats to cross the lake, but he succeeded
in landing 83 men near the garrison and sent Col.
Seth Warner back with the boats to bring up the
remainder of the men. It began to grow daylight,
and Allen felt himself under the necessity to attack
the fort, before Warner could cross the lake with
his command, though he viewed it hazardous. He
addressed the 83 men as follows: —

"Friends and fellow soldiers, You have, for a
number of 3'ears past been a scourge and terror to
arbitrary power. Your valor has been famed
abroad, and acknowledged, as appears by the
advice and orders to me, from the General Assem-

OF VERMONT. 245

bly of Connecticut, to surprise and take the garri-
son now before us. I now propose to advance
before 3'ou, and in person, conduct you through
the wicket-gate; for we must this morning either
quit our pretensions to valor, or possess ourselves
of this fortress in a few minutes; and, inasmuch as
it is a desperate attempt, which none but the
bravest of men dare undertake, I do not urge it on
any contrary to his will. You that will undertake
voluntarih^ poise your firelocks."

Ever}' man poised his firelock. Allen at their
head marched to the wicket-gate, where he found
a sentry posted who snapped his fuse at Allen. On
the approach of Allen the sentry retreated through
the covered way into the fort and gave the alarm.
Allen's party followed him into the fort. The gar-
rison was taken by surprise and made but little
resistance. One of the sentries who attempted to
make some resistance was wounded by Allen and
asked for quarter which was granted. Allen de-
manded that he show him the place of the com-
manding ofiicer; this request was complied with
and Allen quickly repaired to the place and ordered
the commander, Captain De LaPlace, to come
iorth instantly, or he would sacrifice the whole
garrison: at which the Captain came immediateh'
to the door undressed, when Allen ordered the
Captain to deliver him the fort instantly. He
asked Allen by what authority he demanded it;
Allen answered him in the ever memorable words,
"In the name of the great Jehovah, and the Con-
tinental Congress." The Captain began to speak
again when Allen interrupted him, and demanded,

24-6 KAKLY HISTORY

with his drawn sword over his head, an immediate
surrender of the garrison, to which the Captain
immediately complied. Fifty men and officers sur-
rendered; there were taken about 100 pieces of
cannon, one 13 inch mortar and a number of
swivels.

This capture was carried into effect in the gray
of the morning of May 10, 1775. Allen did not
know the work that he and his men accomplished
that morning, would be regarded by all future
generations as one of the most w^onderful exploits
in American history, and his praises be told as
long as Vermont shall continue a state and the
United States exist as a nation. This brilliant
exploit must have been a bright spot in the
memories of the Green Mountain Bo3'S during
their w-hole lives. It gave great encouragement
to the drooping spirits of the American Patriots.
But little did Allen dream that in a few months
the tables w^ould be turned and he become a pris-
oner and compelled to drag out a miserable exist-
ence for two 3^ears and eight months in an English
prison.

Col. Warner and his men soon after the capture
of the fort joined Allen at the fort. Allen immedi-
ately sent Warner with 100 men to capture Crown
Point w^hich was garrisoned with a sergeant and
12 men, w^hich was taken the same day with over
100 pieces of cannon.

The next thing that Allen sought to accomplish
\vas to get possession of a British sloop of war
which was laying at St. Johns. To accomplish this
they proceeded to arm and man a schooner and

OF VERMONT. 247

sent Captain Arnold with it to accomplish the un-
dertaking. Allen took command of ,a batteau.
The schooner was the fastest sailing craft and Ar-
nold arrived at St. Johns, possessed himself of the
sloop, a Sergeant and 12 men before Allen could
arrive, and sailed with the prize for Ticonderoga,
when he met Allen, who went on board the sloops,
where "severed lo^^al Congress healths were
drank." Now the Green Mountain Bo^'S were
masters of Lake Champlain and the garrison de-
pending thereon .

The following is another account of this Can-
adian enterprise that has been furnished me, viz.:—

''After taking Ticonderoga, and in order to
obtain complete control of Lake Champlain, Allen
desired to get possession of a British armed sloop
w^hich was anchored in the Richelieu river at St.
Johns. It was accordingly' arranged between him
and Benedict Arnold that the latter should start
for St. [ohns in a schooner which Capt. Herrick
had taken at Skenesborough (now Whitehall), and
that Allen should follow with three batteaux,
which were at Crown Point. Arnold, on the 17th
of May, got within thirty miles of St. Johns, when
the wind failed him. He pushed forward in small
boats, with thirty-five men; surprised the garrison
at St. Johns and seized the sloop. Learning that
a detachment of British troops, with artillery-,
was on its way to St. Johns from Montreal,
Arnold did not await Allen's arrival at St. Johns,
but started back, taking with him the sloop and
twenty prisoners. Fifteen miles this side of St.
Johns he met Allen with, as the accounts say,

248 EARLY HISTORY

about one hundred men; but from Allen's letter it
ajipears that he had a smaller number. Arnold
informed Allen of the near approach of the British
troops and advised him to turn back; but he
refused to do so, saying that he would push on to
St. Johns, and hold possession of the fort there.
But the English troops were there before him, and
when he appeared on the opposite side of the river,
they opened fire on him with six field pieces and
two hundred muskets. Allen returned the fire; but
perceiving that he was heavily outnumbered, he
abandoned the attempt, re-embarked hastily on
his boats, leaving three men behind, and returned
to Ticonderoga. He intended, as his letter shows,
to return in stronger force and seize and fortify
Isle aux Noix, but this purpose was not carried
out at that time. We submit Allen's letter below:

COL. ETHAN ALLEN TO CAPT. NOAH LEE.

Sr. — This Hour Capt. Warner and mj'self Ar-
rived at Ticonderoga with the soldiery, consisting
of Seventy six men Including Oflicers. We met with
Cannonading of Grape shot. The Musick was
both Terrible and Delightful. We were across the
water at the Distance of 80 or 100 rods. None of
our part3' was killed, the regulars broke their
ranks, but we know not as we killed any of them.
The council of war agreed to immediately take
Posession of the Isle of Noah, which is ten miles
this side Saint Johns and fortify it and advance all
the troops thither we can spare from everv station
on the lake. This is therefore (to) Desire and
Earnestly request you to Lay this Letter before

OF VERMONT. 249

Those of our friends that are at Your Station to
repair here for the purpose above

Mentioned — I should think 5 or 6 men sufficient
to occupy Your Station and forward Provisions
Except Proper hands to manage the water Crafts
for that purpose I Desire Y^ou would send all the
Soldiers You Can and urge forward Provisions
and Ammunition.

Fail Not. Given under my Hand, the 21st day
of May 1775.
Ethan Allen Commander of the G. M. Boys.

N B. — this Express is by the Agreement of the
Council ot War.

To Capt. Noah Lee, Commandant at Skeens-
borough."

Early in September, 1775, the little army under
the command of Generals Schuyler and Mont-
gomer^^ was ordered to advance into Canada.
Allen was at Ticonderoga at the time the orders
were received. The Generals of the army requested
Allen to attend them in the expedition; he com-
plied with their request though he had no commis-
sion. He was told he should, as occasion required,
command detachments of the army, and advanced
with it to Isle-aux-Noix, containing about eighty-
five acres, ten miles north of the boundary line of
Vermont, where the British had a small garrison.
From there he made two tours into Canada to
observe the disposition, designs and movements
of the inhabitants, and to let them know that the
design of the army was only against the English
garrisons, and would not interfere with their
liberties or religion. While there he met Colonel

250 EARLY HISTORY

Brown, of the army under the command of Gen-
eral Montgomerv, who desired that Allen should
procure canoes, so as to cross the river St. Law-
rence a little North of Montreal, and he, Brown,
would cross it a little to the South of the town
with near two hundred men, and capture the city.
Allen's party consisted of 110 men, eighty of
whom were Canadians. As agreed with Brown,
Allen crossed the river in the night of the 24th of
September.

The story of Allen's attempt to take Montreal
and the result of his failure to do it I will give in
his own words: —

"Soon after day -break, I set a guard betw^een
me and the town, w^ith special orders to let no per-
son whatever pass or repass them, another guard
on the other end of the road, with like directions;
in the meantime, I reconnoitered the best ground
to make a defence, expecting Col. Brown's party
was landed on the other side of the towm, he hav-
ing, the da\' before, agreed to give three loud huz-
zas with his men early in the morning, w^hich sig-
nal I was to return, that we might each know-
that both parties were landed; but the sun, by
this time, being nearly two hours high, and the
sign failing, I began to conclude m^'self to be in
premunirc, and would have crossed the river back
again, but I knew the enemy w^ould have discov-
ered such an attempt; and as there could not more
than one-third part of m^^ troops cross at one
time, the other two-thirds w-ould of course fall into
their hands. This I could not reconcile to my own
feelings as a man, much less as an officer: I there-

OF VERMONT. 251

fore concluded to maintain the ground, if possible,
and all to fare alike. In consequence of this resol-
ution, I despatched two messengers, one to La-
prairie, to Col. Brown, and the other to I'Assomp-
tion, a French settlement, to Air. Walker, who
was in our interest, requesting their speedy as-
sistance, giving them, at the same time to under-
stand my critical situation. In the mean time,
sundry persons came to my guards, pretending to
be friends, but were b3^ them taken prisoners and
brought to me. These I ordered to confinement,
until their friendship could be further confirmed;
for I was jealous the3' were spies, as they proved
to be afterwards. One of the principal of them
making his escape, exposed the weakness of my
part\^, which was the final cause of my misfortune;
for I have been since informed that Mr. Walker,
agreeably to my desire, exerted himself, and had
raised a considerable number of men for my as-
sistance, which brought him into ditficulty after-
wards, but upon hearing of my misfortune, he dis-
banded them again.

The town of Montreal was in a great tumult.
General Carleton and the royal party, made every
preparation to go on board their vessel of force,
as I w^as afterwards informed, but the spy escaped
from my guard to the town, occasioned an altera-
tion in their policy, and emboldened Gen. Carle-
ton to send the force which he had there collected,
out against me. I had previously chosen my
ground, but when I saw^ the number of the enemy
as the^^ sallied out of the town, I perceived that it
would be a dav of trouble if not of rebuke; but I

252 EARLY HISTORY

had no chance to flee, as Montreal was situated
on an island, and the St. Lawrence cut off my
commun'cation to Gen. Montgomery's camp. I
encouraged m^^ soldiery to bravely defend them-
selves, that we should soon have help, and that
we should be able to keep the ground, if no more.
This, and much more I affirmed with the greatest
seeming assurance, and which in reality- I thought
to be in some degree probable.

The enemy consisted of not more than tort3'
regular troops, together with a mixed multitude,
chiefl\' Canadians, with a number of English who
lived in town, and some Indians; in all to thenum-
ber of near five hundred.

The reader will notice that most of m}- party
were Canadians; indeed it was a motley parcel
which composed both parties. However, the ene-
my began the attack from wood-piles, ditches, build-
ings, and such like places, at a considerable distance,
and I returned the fire from a situation more than
equally advantageous. The attack began be-
tween two and three o'clock in the afternoon, just
before which I ordered a volunteer b\^ the name of
Richard Young, with a detachment of nine men as
a flank guard, which, under the cover of the bank
of the river, could not onl\^ annoy the enemy, but
at the same time, serve as a flank guard to the left
of the main bod}-.

The fire continued for some time on both sides;
and I was confident that such a remote method of
attack could not carry the ground, provided it
should be continued till night; but near half the
body of the enemy began to flank round to my

OF VERMONT. 253

rio^ht; upon which I ordered a volunteer by the
name of John Dugan, who had lived many years
in Canada, and understood the French language,
to detach about fifty of the Canadians, and post
himself at an advantageous ditch, which was on
my right, to prevent my being surrounded. He ad-
vanced with the detachment, but instead of occu-
pying the post, made his escape, as did likewise
Mr. Young upon the left, with their detachments.
I soon perceived that the enemy w;is in the pos-
session of the ground, wdiich Dugan should have
occupied. At this time I had about forty -five men
with me; some of whom w^ere wounded; the enemy
kept closing round me, nor was it in my powder to
prevent it; by which means, my situation, which
w^as advantageous in the first part of the attack,
ceased to be so in the last; and being almost en-
tireh^ surrounded with such vast unequal numbers
I ordered a retreat, but found that those of the
enem}^ who w^ere of the country, and their In-
dians, could run as fast as my men, though the
regulars could not. Thus I retreated near a mile,
and some of the enemy, with the savages kept
flanking me, and others crowded hard in the rear.
In fine, I expected, in a very short time to try the
world of spirits; fori was apprehensive that no
quarter would be given me, and therefore had
determined to sell my life as dear as I could. One
of the enemy's officers, boldly pressing in the rear,
discharged his fusee at me; the ball whistled near
me, as did many others that day. I returned the
salute, and missed him, as running had put us
both out of breath: for I conclude we were not

254 EARLY HISTORY

frightened: I then saluted him with my tongue in
a harsh manner, and told him that, inasmuch as
his numbers were far superior to mine, I would
surrender, provided I could be treated with honor,
and be assured of good quarters for myselt and the
men who were with me; and he answered I should;
another officer, coming up directly after, confirmed
the treaty; upon which I agreed to surrender with
mv party, which then consisted of thirty-one ef-
fective men, and seven wounded. I ordered them
to ground their arms, which they did.

The officer I capitulated with, then directed me
and my party to advance towards him, which
was done; I handed him m^- sword, and in half a
minute after, a savage, part of whose head was
shaved, being almost naked and painted, with
feathers intermixed with the hair of the other side
of his head, came running to me with an incredible
swiftness; he seemed to advance wnth more than
mortal speed; as he approached near me, his hellish
visage was beyond all description; snake's eyes
appear innocent in comparison of his; his features
distorted; malice, death, murder, and the wrath of
devils and damned spirits are the emblems of his
countenance; and in less than twelve feet of me,
presenting his firelock; at the instant of his pres-
ent, I twitched the oflScer, to whom I gave my
sword, between me and the savage; but he flew
round with great fury, trying to single me out to
shoot me without killing the officer; but by this
time I was nearh' as nimble as he, keeping the of-
ficer in such a position that his danger was my de-
fence; but in less than half a minute, I was attack-

OF VERMONT. ^OiJ

ed b\' just such another imp of hell: Then I made
the officer fl^v around with incredible velocity, for a
few seconds of time, when I perceived a Canadian,
who had lost one eye, as appeared afterwards,
taking m\' part against the savages; and in an in-
stant an Irishman came to m}^ assistance and
drove away the fiends, swearing by Jasus he
would kill them. This tragic scene composed m^'
mind. The escaping from so awful a death, made
even imprisonment happj^; the more so as my con-
querers on the field treated me with great civ.lity
and politeness.

The regular officers said that they were ver^-
happy to see Col. Allen: I answered them, that I
should rather chose tohave seen them at General
Montgomer^-'s camp. The gentlemen replied, that
they gave full credit to what I said, and as I
walked to the town, which was, as I should guess,
more than two miles, a British officer walked at
my right hand, and one of the French noblesse at
my left the latter of which, in the action, had his
e3'ebrow carried awa\^ by a glancing shot, but was
nevertheless very merry and facetious, and no
abuse was offered me till I came to the barrack
yard at Montreal, where I met General Prescott,
who asked my name, which I told him: He then
asked me, whether I was that Col. Allen, who
took Ticonderoga. I told him I was the ver^- man:
Then he shook his cane over m_v head, calling
man\' hard names, among which he frequenth'
usedthe word rebel, and put himself in a great rage.
I told him he would do well not to cane me, for I
was not accustomed to it, and shook my fist at

256 EARLY HISTORY

him, telling him that was the beetle of mortality
for him, if he oft'ered to strike; upon which Capt.
M' Cloud, of the British, pulled him by the skirt,
and whispered to him, as he afterwards told me, to
this import; that it was inconsistent with his
honor to strike a prisoner. He then ordered a
sergeant's command wnth fixed bayonets to come
forward, and kill thirteen Canadians, which were
included in the treaty aforesaid.

It cut nie to the heart to see the Canadians in
so hard a case, in consequence of their having been
true to me; thc}^ were wringing their hands, say-
ing their pra^-ers, as I concluded, and expected im-
mediate death. I therefore stepped between the
executioners and the Canadians, opened m}'
clothes, and told Gen. Prescott to thrust his ba}'-
nets into my breast, for I was the sole cause of the
Canadians taking up arms.

The guard, in the mean time, rolling their eye-
balls from the General to me, as though impa-
tiently waiting his dread commands to sheath
their bayonets in my heart; I could, however,
plainlv discern, that he was in a suspense and
quandar\' about the matter. This gave me addi-
tional hopes of succeeding; for m^^ design w^as not
to die. but to save the Canadians by a finesse. The
general stood a minute, when he made me the fol-
lowing reply; "I will not execute you now; but
you shall grace a halter at Tyburn, God damn
you."

I remember I disdained his mentioning such a
place; I was, notwithstanding, a little pleased
with the expression, as it significantly conveyed

OF VERMONT. 257

to me the idea of postponing the present appear-
ance of death; besides his sentence was by no
means final, as to "gracing a halter," although I
had anxiety- about it, after I landed in England,
as the reader will find in the course of this history.
Gen. Prescott then ordered one of his officers to
take me on board the Gaspee schooner of war, and
confine me, hands and feet, in irons, which was
done the same afternoon I was taken.

The action continued an hour and three-quar-
ters, by the watch, and I know not to this day
how many of my men were killed, though I am
certain there were but few. If I remember right,
7 were wounded.

I now come to the description of the irons,
which were put on me: The hand-cuff was of the
common size and form, but my leg irons, I should
imagine would weigh thirty pounds; the bar was
eight feet long, and very substantial; the shackles,
which encompassed my ancles, were very tight. I
was told by the officer, who put them on, that it
was the king's plate, and I heard other of their
officers say, that it would weigh forty weight.
The irons were so close upon my ancles, that I
could not lay down in any other manner than on
m3' back. I was put into the lowest and most
wretched part of the vessel, where I got the favor
of a chest to sit on; the same answered for my bed
at night; and having procured some little blocks,
of the guard who day and night with fixed baj^-
onets. watched over me, to lie under each end of
the large bar of my leg irons, to preserve my
ancles from galling, while I sat on the chest, or

258 p:arly history

lay back on the same, though most of the time,
night and da}', I sat on it; but at length, having a
desire to lie down on my side, which the closeness
of my irons forbid, I desired the captain to loosen
them for that purpose; but was denied the favor.
The Captain's name was Royal, who did not seem
to be an ill-natured man; but oftentimes said, that
his express orders were to treat me with such sev-
erity, which was disagreeable to his own feelings;
nor did he ever] insult me, though many others,
who came on board did. One of the officers by
the name of Bradlev, was very generous to me; he
would often send me victuals from his own table;
nor did a day fail, but he sent me a good drink of

or OCT

The reader is now invited back to the time I
was put in irons. I requested the privilege to
write to General Fresco tt, which was granted. I
reminded him of the kind and generous manner of
m^^ treatment of the prisoners I took at Ticonder-
oga; the injustice and ungentleman-like usage I
had met with from him, and demanded better
usage, but received no answer from him. I soon
after wrote to Gen. Carleton, which met the same
success. In the mean while, many of those who
were permitted to see me, were very insulting.

I was confined in the manner I have related, on
board the Gaspee schooner, about six weeks;
during which time I was obliged to throw out
plenty of extravagant language, which answered
certain purposes, at that time, better than to grace
a history."

On one occasion Allen on being insulted, in an-

OF VERMONT. 259

ger twisted off with his teeth a ten-penny nail that
went through the bar of his hand cuff ; one of the
b^'standers said, he could eat iron. Allen was put
on to an armed vessel \aymg off against Quebec,
the officers of which treated him kindly. One of
the officers, Capt. Littlejohn said, ''that a brave
man should not be used as a rascal, on board his
ship." While the ship was laying there Capt.
Littlejohn was challenged on the plains of Abra-
ham. The fight was to take place the next morn-
ing. The Captain acquainted Allen of the affair,
whereupon, Allen told him he would be glad to
testify his gratitude to him by acting the part oi a
faithful second ; Littlejohn replied he wanted no
better man, but said, I am a King's Officer and
3'ou a prisoner under mv care, j^ou must, therefore
go with me, to the place appointed in disguise, and
engage upon the honor of a gentleman, that
whether I die or live, you will return to ray Lieu-
tenant on board this ship. To this Allen solemnly
agreed. The controversy^ was settled without
fighting.

On Nov. 11, 1775, Allen w^as put on the vessel
called Adamant with other prisoners, under the
power of an English merchant, Brook Watson, a
man of cruel and malicious disposition. During
the voyage Allen was insulted b\' everv black-
guard sailor, and Tor\' on board. Allen appealed
to Watson's honor for better treatment. Watson
told him it w^as impertinent for a capital offender
to talk of honor or humanit3'; that anything
short of a halter was too good for him and that
would be his portion s-oon after he landed in Eng-

260 EARLY HISTORY

land. A lieutenant among the Tories told him he
ou.i^ht to have been executed for rebellion against
New York, and spat in his face, for which act Allen
sprang at him and partly knocked him down,
when the lieutenant fled to others for protection.
Allen and the other prisoners were kept in a filthy
dark room forty days without means of clensing
their bodies, and covered with body lice, resulting
in sickness.

Allen was landed at Falmouth, England, in the
same suit of clothes in which he was taken prison-
er, and there was exhibited to the citizens, of that
place, who were excited b\' curiosity. In England
Allen was anxious on the question as to what
should be his fate. It w^as talked generally that
he would be hanged. Parliament was divided on
the question. But the Americans had the most
prisoners in their power, and if the British resorted
to hanging, it was a game that two could play at;
Allen was well treated in the Castle where he was
imprisoned. He requested the privilege ot writing
to Congress, and after a while got permission to
do so. He wrote giving an account of his treat-
ment, after having been taken prisoner, under the
orders of General Carleton. He desired Congress
to desist from matters of retaliation until they
knew the course that the English would take
respecting their treatment towards him, and that
if retaliation should become necessary, it might be
exercised, not according to the smallness of his
character in America, but in proportion to the im-
portance ot the cause for which he suffered. The
design of the letter was to save his neck from the

OF VERMONT. 261

halter. He managed to have the letter fall into
the hands of Lord North before it Avas sent to
Congress, although he did not tell the officers, to
whom it was delivered, that that was his purpose.
The next day after it had been delivered to the of-
ficer in charge, who had given Allen license to
write, the officer said to him, "Do you think we
are fools in England, and would send your letter
to Congress with instructions to retaliate on our
people. I have sent your letter to Lord North."
Allen at the Castle behaved in a daring soldier-like
manner, thinking that would tend to his preserva-
tion better than concession and timidy. But he
had determined, that if cruel death was inevitable
he would face it undaunted ; and when he arrived
in the world of spirits, he said, he expected he
* 'should be as well treated as other gentlemen of
his merit." While imprisoned in the Castle people
came for fift^^ miles distant to see, question, and
make free with him in conservation. One asked
him what had been his occupation in life, and Al-
len replied, he had studied divinit\^ but was a
conjurer by profession, and had conjured them out
of Ticonderoga. They would take him on the
parade in the Castle w^here large numbers could
see and hear him. He would harangue his audi-
ences on the impracticability^ of conquering the
American Colonies, and expatriated on American
freedom.

Allen refused to take a bowl of punch that he
had ordered from the hand of a servant. He used
to argue, with learned gentlemen who came to see
him, on moral philosophy and Christianity, and

202 EARLY HISTORY

thev seemed to be surprised at his power of argu-
ment. On his passage to England he was forbid-
den to walk on deek, but he disregarded the order
and went on deck; this enraged the captain who
said to him, "Did I not order a'Ou not to come on
deck?" Allen replied "that it was the place for gen-
tlemen." The Captain enjoined him not to walk
on the same side of the deck that he did. The fleet
rendez-YOused at the Cove of Cork, and Allen with
the other prisoners were generously treated by
several merchants, who contributed largely to
their relief. They sailed from England Jan. 8th,
and from the Cove of Cork the 12th day of Feb-
ruary' and W' ere taken to Madrid. When they sailed
from Madrid Allen was treated cruelly and Cap-
tain Symonds seemed in no way anxious to pre-
serve the lives of the rebels, as he called the prison-
ers, but wished them all dead. As Allen expostu-
lated with the Captain and his men for such treat-
ment; the Captain said he "needed no directions
from him how to treat a rebel; that the British
would conquer the American rebels, hang the Con-
gress, and such as promoted the rebellion, and
you (Allen) in particular, and retake their own
prisoners, so that your (Allen's) life is of no con-
sequence in the scale of their policy." Allen replied
that if he was safe till they conquered America be-
fore the\' hung him, he should die of old age. The
ship in which Allen and the other prisoners were
confined cast anchor in the harbor of Cape Fear in
North Carolina. They next anchord, the ship Mer-
cury, on which Allen was then confined, near New
York, and arrived at Halifax about the middle

OF VERMONT. 263

of June, pinched with hunger, and suffering from
inhuman treatment that the Captain refused to
alleviate. Allen with the other prisoners were left
on board of a sloop six weeks and were not landed
at Halifax till the middle of August, and there all
of them, thirty-four in number, were locked up in a
large room, together, the furniture of which con-
sisted principalh' of excrement-tubs. They re-
monstrated against such usage, but to no pur-
pose. Five of the prisoners, including Allen, were
legally entitled to parole which they could not
obtain. The provisions w^ere better than they had
previously" been served with, but all grew weaker
and weaker on account of sickness contracted
from the foulness of the place. On Oct. 12th most
of them were ordered on board a man-of-war that
was bound for New York.

Allen expected to be treated as cruelly as be-
fore, but when he went on deck, he was met by
Captain Smith, who gave him his hand and in-
vited him to dine with him, and assured Allen he
should be treated as a gentleman, and that he had
given orders to the crew to so treat him. This
was unexpected. On account of such kindness an-
other side of Allen's character was exhibited. This
kind treatment affected him so he could hardly
speak and drew tears from his eyes, which all the
harsh usage he had met with was unable to pro-
duce, but he soon got control of his feelings and
expressed his gratitude for the unexpected favors.

A few additional prisoners were taken on board
among whom was a Captain Burke. A conspiracy
had been concocted bv Burke and some of the

264- EARLY HISTORY

ship's crew, to kill Captain Smith and take the
ship, and the thirty-four thousand pounds Sterling
that was theron, into an American port. This Al-
len and some other prisoners, that was led into
the secret, opposed. Allen told them he could not
reconcile it to his conscience, and it should not be
done, and pointed out the ungratefulness of such
an act, and he should guard Captain Smith's life.
Nothing more was heard of the conspiracy.

The ship cast anchor at New York and Captain
Smith recommended Allen to Admiral Howe and
to General Sir William Howe as a gentleman of
honor and A-eracity, and desired that he should be
treated as such. He was landed at New York and
given his parole, but restricted to the limits of the
cit3\ The merciless manner in which the prison-
ers in the hands of the British at New Y'ork were
treated, the hellish dehght and triumph of the
Tories over them, as the\' were dying by the hun-
dreds by starvation and sickness, the foulness of
the places where they were kept, the despair that
seemed to be imprinted on their countenances as
they begged for a morsel ot bread, was too much
for Allen to bear in his exhausted condition, allien
regarded General Howe a murderous tyrant.
While Allen was detained at New York, General
Howe though a British officer offered him the Col-
onelcy- of a regiment of Tories if he turned traitor
to his sufiferins^ country; they used, as thev
thought a persuasive argument to induce Allen to
accept their offer; theA' said the country- would be
soon conquered, and when that should be done he
should have a large tract of land either in New

OF VERMONT. 265

Hampshire or Connecticut. Allen replied, "that
if he by faithfullness to the American cause had
recommended himself to General Howe, he should
be loth, by unfaithlulness to lose the General's
good opinion, and besides, he viewed the offer of
land to be limited to that which the devil offered
Jesus Christ, 'to give him all the kingdoms of the
world if he would fall down and worship him;'
Avhen at the same time, the damned soul had not
one foot of land on earth."

On Jan. 22, 1777, Allen was admitted to parole
with other officers and quartered on the westerly
part of Long Island, and was treated well till the
news came that Burgoyne had retaken Ticondero-
ga, which made the Britons feel their importance
and gave them an insatiable thirst for cruelt\\ On
August 25, 1777, Allen was apprehended, on pre-
tense he had violated his parole, and taken to New
York and imprisoned, and denied all food for three
days, and suffered otherwise from the inhuman
treatment- of the enemy and remained their prison-
er until the 6th of May, 1778.

It has been claimed that Ethan Allen was desti-
tute of religious principle or faith. Whatever may
have been his particular religious belief, it was
evident he was a man of action, principle and
patriotism, and had a high regard for the rights
of his fellow man. He possessed the courage to
stand b^' his convictions in the hour of trial and
danger. The poetry composed by him for a mon-
umental inscription for his wife, Mary Brownson
Allen, indicated his trust in God. These lines are
found on page 29 of this volume.

266 EARLY HISTORY

Ethan, Henian, ZImri, and Ira Allen with Rem-
ember Baker constituted the Onion River Land
Compan3^, and as such became the most extensive
land proprietors in the State, first under the New
Hampshire Grants, and subsequently under the
State by grants from Vermont. Some of Gov.
Thomas Chittenden's letters and public docu-
ments were written by Ethan Allen.

It is evident to the reader ot all that has been
written and published of Ethan Allen, that his
public services, after his release from his imprison-
ment, were far less prominent than before his cap-
ture. And the impression has prevailed, to some ex-
tent, that he had lost his energy and zeal both for
the nation and the State, but this view was a mis-
take. It is true his patriotism was doubted in the
closing months of 1780; that he was arraigned
before the General Assembly; and that he resigned
his commission as General of the Vermont militia
because there was an uneasiness among some of
the people on account of his command. He w^as
very indignant that false, ignominious aspersions
against him were entertained. He was acquitted
of all disloyalty and public confidence was restored
to him. The aspersions against him did not serve
to dampen his patriotism, and on resigning his
commission of general, he said, if the Assembly
thought best to give him the command at any
time, he would endeavor to serve the State ac-
cording to his abilities. He served the State after-
w^ards in 1782, on being called upon by the Gen-
eral Assembly and the Governor to suppress the
enemies in Windham Countv, and he met the call

OF VERMONT. 267

promptl3\ That he was not as prominent in the
service of Vermont and the nation as in his earlier
days was due not to any change of views towards
the State or country, or the decay of his powers,
but because the occasions for like and striking ser-
vices did not again occur. After his arraignment
in 1780, he was called into service for the State in
1781, when New York attempted to awe Vermont
into subjection to its demands. Allen was one of
the few public men who were engaged in the Hal-
dimand correspondence, and took part in it with
Ira Allen and Joseph Fay. General Ethan Allen
was ready to serve the State with sword or pen to
the last day of his life, with all the force of mind
and muscle that he ever possessed. He was always
a hero.

Allen married for his second wife the daugh-
ter of a Colonel in the British army. In Aug-
ust, 1778, the Governor and Council requested
Allen to repair to Philadelphia and ascertain in
what light the attempted Union of Vermont with
a part of New Hampshire was viewed by Con-
gress, which service he performed, and in October,
1778, he reported to the Vermont Legislature
that the members of Congress were unanimously
opposed to Vermont extending jurisdiction across
Connecticut River. On Feb. 16th, 1779, Allen,
Jonas P'ay, and Paul Spooner, Esquires, were
chosen by the House to manage the political af-
fairs of the State at Congress. In March, 1779,
Ethan Allen addressed a letter to General Wash-
ington, in which, after stating that the enemies'
ships and scouting parties were expected down

268 EAKLV mSTOKV

Lake Champlaiii to annoy the frontier that was
weakly guarded and widely extended, said, "un-
doubtedh' your Excellency will readily conceive
that this part of the country has done more than
its adequate proportion in the war, and though
the\' are greatly reduced as to materials to main-
tain standing forces, yet on sudden emergencies
the militia is able and willing to face an equal
number of the enemy though they should have no
other reward but the satisfaction of defeating
them." These statements show that his zeal,
bravery and patriotism for his country had not
abated. In April, 1779, Gov. Chittenden sent Al-
len to Cumberland County to quell a disturbance
that had been created in opposition to a draft for
men to re-enforce the military on the border. Col.
William Patterson who had been commissioned
b^^ Gov. Clinton had raised a regiment of 500 men.
Allen with an armed force promptly arrested Pat-
terson and 43 others who were indicted for the
part they took in resisting the draft. On June I2th
1779, Allen and Hon. Jonas Fay were directed to
wait upon the General Council of America, and
recommended to that Honorable Board to do and
transact any business that concerned the State of
Vermont. This was giving these two men ver^^
broad powers. In 1781, Allen was appointed by
the Council, with others, a committee to make a
draft of the political affairs of the State for publi-
cation.

Ethan Allen wrote the vindication of the op-
position of the inhabitants of Vermont to the Gov-
ernment of New York, and of their right to form

OF VERMONT. 269

an independent State, which was submitted to the
impartial World. This was the most important
document that was written concerning the contro-
versy of Vermont with New York, and the efforts
of the Green Mountain Bovs to establish the ter-
ritory called the New Hampshire Grants as an in-
dependent jurisdiction. It is too long to be insert-
ed here; it was a protest against the demand of
New York to have Congress decide in their favor
the controversy on an ex parte hearing; it set forth
the fact that New York obtained the jurisdiction
of the contested territory on an ex parte hearing
before the King and Council in 1764, contrar\^ to
the minds of the settlers under New Hampshire,
and that, therefore, such determination so obtained
ought to be treated nul and void: that the conduct
of New York in the matter was reprehensible; it
set forth the measures that were taken b}" the
Grants to modify the decision of the King and
Council favorable to the rights of the settlers; it
set forth the unwarrantable course of New York
to dispossess the settlers of their lands by writs of
ejectment and the resistance inade by the in-
habitants, and how the New Hampshire Grants,
west of Connecticut River, declared themselves a
free and independent State. Ethan Allen also
wrote the reply to Gov. Clinton's proclamation
that had been issued to induce the Grants, by
threats and promises, to become subjects of New
York. That proclamation referred to an act of
outlawry that had been passed against Ethan
Allen and other leading Green Mountain Boys.
Allen in his reply, said, "In the lifetime of this act

270 EARLY HISTORY

I was called b_v the Yorkers an outlaw, and after-
wards b\' the British, was called a rebel; and I
humbly conceive that there was as much propriety'
in the one name as the other; and I verily believe,
that the King's commissioners would now be as
willing to pardon me for the sin of rebellion,
provided I would, afterwards, be subject to Great
Britain, as the Legislature of New York, provided I
would be subject to New York; and I must confess
I had as leave be a subject of the one as the other;
and it is well known I have had great experience
with them both." Before the proclamation of
Gov. Clinton had been issued. New York had
granted lands, to New Y'ork adherents, that had
previously been granted b\' New Hampshire and
Massachusetts Ba3% which regranting created
great alarm to the people who had taken their
title from New Hampshire and Massachusetts
Ba3', for fear they would loose their lands and
their improvements thereon. It had the effect to
stir up strong opposition to New York authority'.
To allay the alarm and opposition to New York,
Gov. Clinton stated in his proclamation, in sub-
stance, the regrants b\^ New York should be treat-
ed as of no effect. II the grants ever had any val-
idity the\' could not be nullified after people had
purchased and took possession of their lands in
good faith. If the grants made b^- New Y'ork were
not valid, then their offers and overtures were but
empty words. Allen exposed the hollo wness of
their offer in the following language: For the legis-
lative authority of the State of New Y'ork, to pre-
tend, as the\' do in their proclamation, to vacate

OF VERMONT. 271

an 3' grants made by their own authorit_v, in favor
of any possession, and to confirm such possessions
b^' nullif^'ing and defeating their own grants, is the
hight of folly and stupidity-: For the lands being
once granted, the property passeth to the grantee
who is become the sole proprietor of the same; and
he is as independent of that legislative authority-
which granted it, as any person may be supposed
to be, who purchasetha farm of land of me by deed
of conversance; and it is as much out of the power
of that legislature to vacate a grant made by
them, or the same authoritr^, in favor of any pos-
sessor, as it is out of m^^ power to vacate my deed
of conveyance in favor of some second person. It
is contrary' to common sense to suppose, that the
property of the subject is at the arbitrary disposal
of the legislature; if it was, they might give a
grant to-day, and vacate it to-morrow, and so on,
ad infinitum/' The following shows Allen's activ-
ity in the interest of Vermont. Samuel Minott of
Brattleboro, the chairman of a committee of the
adherents of New York, wrote to Gov. Clinton
May 25th, 1779. that, "The Committee oi Cum-
berland (now Windham) County w^ho are. now
met for the purpose of opposing the authority of
the State of Vermont, take this opportunity to in-
form your Exellency by Express, that Col. Ethan
Allen with a number of Green Alountain Boys
made his appearance in this Countr^ 3'esterda_v,
well armed and equipped, for the purpose of re-
ducing the loyal inhabitants of this County to
submission to the authority- of the State of Ver-
mont, and made prisoners of Col. Eleazer Patter-

2 I 2 EARLY HISTORY

son and all of the Militia officers, but one, and a
number of other persons. Allen bids defiance to
the State of New York, and he and the Green
Mountain Boys declare they \\\\\ establish their
state b^' thesword, and fight all who shall attempt
to oppose them. * * * Our situation is truly crit-
ical and distressing, we, therefore, most humbly
beseech your Excellency to take the most speedy
and efficient measures for our relief; otherwise our
persons and property must be at the disposal of
Ethan Allen, who is more to be dreaded than
death with all its terrors."

In October, 1780, Ethan Allen with the approv-
al of the General Assembh^ entered into an agree-
ment for Vermont, with Maj. Carleton for Gen.
Haldimand,in pursuance of which the British force
was withdrawn to Canada. On April 12th, 1781,
Allen was chosen Brigadier-General again, which
office he had previously resigned when inquiry was
instituted by the General Assembl3^ on charges made
against him b^- William Hutchins and Simon
Hathawa^^ Allen now declined to accept the of-
fice, but with the promise that he would render
any service desired of him at any time, although
not formally commissioned : that promise he faith-
fully observed.

The charges that were made against General
Ethan Allen were infidelit3' to the country in con-
nection with the Haldimand correspondence. Allen
was verv indignant, and while the charges were
being read, he declared that the paper contained
false and ignominious aspersions against him, and
would hear no more of it, and went out of the house.

OF VERMONT. 273

After the Assembly had heard the testimony of
Joseph Fay and Stephen R. Bradley, the charges
were withdrawn, and the House by resolution ap-
pointed a committee to thank Allen for his good
services. The armistice entered into with the
British by General Allen and others were not only
approved of by the Vermont authorities but was
for the benefit of both Vermont and the Confed-
eracy. He betra3'ed nobody, but served his State.
He was a party to a truce which protected Ver-
mont and New York alike. These facts show no
stain upon his character as an ofiicer or patriot.
Strictly speaking, he owed nothing to the Con-
tinental cause, as he was not in the service of Con-
gress, nor was he or his State recognized by it.
Congress left Vermont standing alone. Vermont
declared herself to be, and in fact was, an inde-
pendent State; and as such had a right to protect
herself from every foe, by any means allowable to
a sovereign State. That was Allen's ground, and
the ground assumed and asserted by Gov. Chitten-
den. And as the result proved, it was the true
ground. Vermont maintained her independence
till she was admitted into the Union.

Allen's loyalty to the Confederacy as well as his
magnanimous spirit was shown in his letter to
Gov. Clinton of April 14, 1781, in which he tend-
ered his own services, and the services of two
other Vermont oflEicers, to New York, to defend
that State, against their cruel mvaders. This also
shows that Gov. Clinton's distrust of Allen's pat-
riotism was unfounded. If we remember the
former hostile relations between Allen and Clinton

•26

274 EARLY HISTORY

that letter must be deemed extraordinary. On the
11th day of Januar}', 17S2, Allen was appointed
as one of the Committee to make a draught of the
then state of the controversy, to be published. (3n
Sept. 2d, 1782, Allen was commissioned Brigadier
General to raise and equip 250 men to march into
the County of Windham as a posse comitatus for
the assistance of the civil authority of that County.
The noted "Catamount-Tavern" house at Ben-
nington was the home of Ethan Allen for several
years from 1770, after he came to reside in the
New Hampshire Grants, as Vermont was then
called. And Allen was sojourning at that house in
the spring of 1775. It was from the Council room
of that house that he, on Ma3' 3d, 1775, is-
sued the order mustering the Green Mountain
Bovs for the capture of Ticonderoga. It was here
in 1778, that David Redding, a traitor and a sp3',
was tried, convicted and sentenced to be executed
by the Green Mountain Boys. Redding w^as con-
victed by a jury of six men, though he should have
been tried by a jury of twelve men. And many
were fearful that the gallows would be cheated of
its prey b\' reason of that fact, and violence was
apprehended. Whereupon Allen, who had just re-
turned from his long English captivity', mounted a
stump and w^aiving his hat, exlaimed, "attention
the whole!" and then advised the multitude, to de-
part, peaceably, to their habitations, and return
on the da\' fixed by the Governor and Council, and
with an oath said, "you shall see somebody' hung
at all events, for if Redding is not then hung, I
\\\\\ be hung myself." Redding was retried b^' a

OF VERMONT. 275

jury of twelve men and hung as predicted b\^ Allen.

In October 1779, Allen was appointed as one of
the Committee to form the outlines of the plan to
be pursued by the State lor defense against the
neighboring States in consequence of the acts of
Congress. Allen was determined that Vermont
should become absolutely independent or be ad-
mitted as a State of the American Union; and in
no event be subject to New York. In May 1781,
Dr. George Smith, who was one of the British
commissioners to treat with Vermont, w^rote to
Gen. Haldimand that he heard Col. Allen declare,
"that there was a north pole and a south pole,
and should a thunder-gust come from the South,
(Congress) the^^ would shut the door opposite
that point and open the door facing the North,
(Canada).

Allen also wrote the "Concise refutation of the
claims of New Hampshire and Massachusetts to
the territor3^ of Vermont." It was an able docu-
ment but too long to be inserted here, and refer
the reader to Page 223 of the II. Vol. of the "Gov-
ernor and Council." Allen again showed his warm
attachment to the interests of Vermont and his
determination to stand by her against all enemies
from whatever quarter they should come in his
letter addressed to the President of Congress on
March 9, 1781. After justifying his course in ar-
ranging for an armistice and an exchange of
prisoners with General Haldimand, said, "I am
confident that Congress will not dispute my sin-
cere attachment to the cause of my country
though I do not hesitate to say I am fully ground

^' '

276 EARLY HISTORY

ed in opinion that Vermont has an indubitable
right to agree on terms of cessation of hostilities
with Great Britain, provided the United States
persist in rejecting her application for a Union
with them: For Vermont of all people, would be
the most miserable were she obliged to defend the
independence of the United Claiming States, and
the_v at the same time at full liberty to overturn
and ruin the independence of Vermont. I am as
resolutely determined to defend the independence
of Vermont as Congress is that of the United
States, and rather than fail, w411 return with hardy
Green Mountain Boys into the desolate caverns
of the mountains, and wage war with human na-
ture at large." Reference has been made to the
fact that Ethan Allen with other leading Ver-
monters, took a hand in the correspondence and
negotiations with the British in Canada for an
armistice and exchange of prisoners for which he
and the others were greatly censured. Allen on
October 30, 1784, at the request of Gov. Chitten-
den, addressed to the public a document from
which the following extract is taken. "The Foreign
Policy of this Government has been demonstrated
to be good in the final consequences of it, and the
State is in good and respectable condition at pres-
ent. It only remains that our courts of equity
and law do impartial, and that our citizens sup-
port the honor and dignity of our laws and unit-
edly combine to support our liberty and inde-
pendency."

In 1787, some unjust suspicions had been in-
dulged in that Allen was in some waj^ aiding

OF VERMONT. 277

Shays's rebellion in Massachusetts. On the 3d
of May, 1787, Ethan Allen wrote to Col. Ben-
jamin Simmons of Mass., stating that that State
''might depend upon the Vermont Government to
aid in quelling the rebellion. Allen also w^rote to
the Governor of Mass., assuring him that no
asylum would be given in the State of Vermont to
the insurgents of the State of Mass.'' In Decem-
ber 1780, Ethan Allen applied to Gov. Trumbull of
Connecticut in behalf of Vermont, for powder
with which to ward off an expected invasion from
Canada and the Governor ordered two tons of
powder to be sent to the Green Mountain Boys
from the powder mill of Elderkin and Wales of
that State. This fact shows that w^hile Allen and
others in Vermont, from October 1780, until 1783,
were trying to protect the State from the British
army in Canada by diplomacy, they also relied
upon the effects of pow^der. And they had it on
hand for use.

Ethan Allen died in Burlington, Vt., February
12th, A. D. 1789, and was buried near the site of
his monument in Green Mountain Cemetery. No
portrait of Allen has ever been found. Allen was
commissioned as a Brigadier-General by Vermont
and engaged in the Revolutionary W'ar,but was in
that sense only a Brigadier-General in the Ameri-
can Army. The several statues of him are unlike
and are said not to be perfect representations. The
statues at Montpelier, Vt., and at the national
capital at Washington, D. C, w^ere produced by
the same sculptor. It was a long time after the
first move was made to erect a monument to his

278 EARLY HISTORY

memory- before the efforts were crowned with suc-
cess. At Montpelier in Council on October 17th,
1831, it was resolved that a committee be ap-
pointed to inquire into the expedienc3^ of making
an appropriation for the purpose of erecting a
monument to the memor\' of Ethan Allen, late
Hrigadier-Generc'd in the American Army, and re-
port by bill or otherwise.

The Legislature November 14th, 1855, ap-
propriated a sum not exceeding two thousand
dollars to erect a monument at the burial place of
Ethan Allen, l)ut it was finall}^ placed at the State
House at Montpelier. The preamble to the act
appropriating the money, was as follows:
viz, "Whereas, the courage, the perseverance, the
sagacity, and the virtue of Ethan Allen zealously
and constants exercised in upholding the rights
and liberties of the people of the New Hampshire
Grants, and his successful efforts in establishing
the sovereignty of the State of Vermont, against
the active opposition of New Hampshire and New
York, the w^avering neutrality of the Federal gov-
ernment, and the artful overtures of the agents ot
the British Crown, have justh' rendered his name
the foremost, in the early histor3^ of this State,
and entitle it to the grateful and reverent remem-
brance of the citizens thereof." The monument
and statue erected at the place of his burial were
completed, unveiled, and presented Jul^^ 4th, 1873,
with appropriate exercises. The monument is of
] Jarre granite. The base of the pedestal is eight

feet square on the ground and consists of two
steps of granite, on which rests a die of solid

f OF VERMONT. 279

granite six feet square. Above the pedestal rises a
Tuscan shaft of granite, four and a half feet in di-
ameter and fort^'-two feet high. Upon ;its capital
on a base bearing the word "Ticonderoga,"
stands a heroic statue of Ethan Allen, eight feet
four inches high. The expense of the statue was
about $2,700, and was raised by subscription.
Larkin G. Mead was the sculptor of this statue.

The Honorable John X. Pomeroy of Burlington,
Vt., in his address at the ceremonies of the unveil-
ing this statue on July 4th, 1873, said, "Long may
it stand over the sacred ashes of the patriot sol-
dier— the ornament of this beautiful spot on the
banks of the Winooski appropriately backed bv
the Green Mountains on the East, and boldly
facing the Adirondacks on the West — in view of
that rural retreat where at the age of fifty-two
years he died, and of that beautiful and historic
Lake which ninety-seven years ago bore him and
his Green Alountain Bo^'s to the bold assault up-
on Ticonderoga, and which washes its interesting
ruins. Yes, sir, long may it stand on its granite
pedestal, through its coming centuries, to bear
testimony to the high appreciation of a grateful
people of one, w^ho, with an ever active and daunt-
less spirit, by the pen and voice as well as the
sword, warred against the most desperate and
powerful enemies successfully, and largely con-
tributed to the establishment of a State and the
Independence of a Nation! And when time and
storms shall crumble this stately column and
statue, as crumble the3" must, and the antiquarian
of the future shall explore the ruins and develope

280 p:arly history

the contents of the leaden casket they enclosed,
may it be divulged to a free and noble people, who
shall still recognize this Glorious Anniversary, and
cherish the memory of Ethan Allen.

In Governor Julius Converse's response, he said,
"As an assurance of the just appreciation with
which this honored gift is received, in the name of
the State I promise that the same shall be vigilant-
ly guarded and tenderly cherished as long as the
marble shall endure, or deeds of noble daring shall
find admirers amongst the brave and the good."

In the days of Ethan Allen, despotic power and
oppresion were seen and felt on ever3^ hand. His
very soul rebelled against every tj^rannical act of
whatever sort. And when the news of England's
first attempts, with force of arms at Lexington
and Bunker Hill, to enslave America, came to his
ears, it electrified his mind, and he was read^^ and
iully determined to cast in his lot in the interest of
American independence. The welfare of the world
and the American cause needed men full of the
spirit of libert}^ and who possessed the dauntless
courage to oppose the Kings and Potentates of
earth in their mad career to trample on the rights
of mankind. The world needed such men as
Ethan Allen to roll back the tide of slaver}', in-
justice, oppression, and despotic barbarism, that
the nations of the earth might move on under the
banner of the free, and to a higher state of civiliza-
tion. Ethan Allen stood in the front rank ofthose
who made it possible to establish the independence
of Vermont as a separate jurisdiction and the free
American Nation.

CHAPTER XV.

THE TRIAL OF STEPHEN AND JESSE BOORN

FOR THE ALLEGED MURDER OF

RUSSEL COLVIN.

In the \'ear 1819, Stephen and Jesse Boorn
were arrested and tried in Bennington County,
Vermont, for the alleged murder of Russel Colvin
on May 10, 1812, at Manchester.

It appears that Stephen and Jesse Boorn and
Russel Colvin had a quarrel May 10th, 1812, at
Manchester, Vt., resulting in Colvin leaving the
State, and was not heard from till after Stephen
and Jesse Boorn had been tried and convicted of his
alleged murder. The legal proceedings in the case
and the evidence on which a conviction of the re-
spondents was found, so far as I have been able to
obtain it, was as follows: viz. "Lewis Colvin testi-
fied that, grandfather was gone to the street.
Grandmother sent me to Mr. Sacket's. I did not
return till night, as I went to Matterson's to carry
meat. I next saw Stephen and Jesse at night down
at the house — heard nothing from them about Rus-
sel's absence — heard Stephen say that on the day
of the quarrel, Russel ran aw^ay to the mountain,
and I did not hear Russel's name mentioned by
them for a year. My mother had been gone over
the mountain for some time. On the day of the
quarrel, John was ploughing over the ridge, and
when I ran home from the field, John was at home

(281)

282 EARLY HISTORY

batin*^ the team. 1 did not tell John of the quar-
rel— do not know the reason.

Lewis Colvin cross examined by Mr. Skinner.
I told this story just before snow went off, one
Sunday night, to Mr. Pratt and Mr. Sheldon. Sail,
never told me to tell this story — do not remember
that Stephen killed the woodchuck the da_v Russel
went oflf, nor an3'thing about it. Do not know
where Jesse lived at that time. He did not live at
Briggs' at that time. John was ploughing on the
flat this side of the lot where the boys were at
work; do not remember where Rufus (a younger
brother) was at the time. A month after the quar-
rel, heard mentioned in the family of Russel's run-
ning off^Stephen and Jesse were not present.
Stephen told me he would kill me if I told of his
striking Russel. This was at the door the day af-
ter the quarrel. Lewis then said it was two days
after.

Sallie Colvin. Better than four years ago Mr.
Hitchcock told me I could not swear my child on
any person if my husband w^as living. I went to
my father's — stood in the stoop — Stephen told me
I could swear the child, for Russel was dead and
he knew it; and Jesse said I could swear it, but
would not. When I returned from over the moun-
tain, about five days after the disappearance of
my husband, I asked Lewis where Russel was; he
answered, gone to hell. I heard nothing at my
father's what had become of m^- husband.

William Wyman. About three or four weeks
before Colvin went off, Stephen came to my house
and asked me if his father was obliged to support

OF VERMONT. 283

Colvin's young ones. I told him yes. Stephen
asked if it was not hard, and further said if there
was no one else to put a stop to it, he would, and
he said it with an oath.

William Farnsworth. In conversation with
Stephen, about two months ago, I questioned him
about killing, cooking and eating the woodchuck,
and if he was at home then, and told him that his
parents had denied that it was so; he however
said that it was so, and that his parents had
sworn themselves to the devil, and that their con-
dition was worse than his own. I told Stephen
that Johnson had stated that he (Stephen,) Jesse,
Russel and the boy were together picking up
stones the day Russel went off, and that his father
and mother had denied it, and stated that he and
Jesse were not then at home. Stephen replied that
it made no odds what his father and mother had
sworn to, but that what Tom Johnson had sworn
to was true. I advised him to confess the whole
facts which he knew.

Silas Merrill, {a fellow prisoner and in chains,)
stated, that in June last, Jesse's father came to the
prison, and spoke to Jesse — after the old man went
away, Jesse appeared much afflicted — we went to
bed and to sleep — ^Jesse waked up, and shook me,
and wanted that I should wake up — he was fright-
ened about something that had come into the
window, and was on the bed behind him — he stat-
ed he wanted to tell me something, we got up and
he went on to tell me, he said it was true that he
was up in the lot together with Stephen, Russel
Colvin and his son, picking up stones as Mr. John-

284 EARLY HISTORY

son had testified — that Stephen struck Colvinwith
a club and brought him to the ground — that Col-
vin's boy run, that Colvin got up, and Stephen
gave him a second blow above his ear and broke
his skull — that the blood gushed out — that his
father came up, and asked if he was dead — they
told him no, he then went off — soon after he came
again and asked if he was dead, they told him no,
and he again vv^ent off^soon after, the old man
came the third time and asked if he was dead, the\^
told him no — the old man said, c/a/7377 him — Then he,
Jesse, took him by the legs, Stephen by the shoul-
ders, and the old man round the body, and carried
him to the old cellar hole where the old man cut
his throat, with a small pen-knife of Stephen's,—
that they buried him in the cellar between day-
light and dark, that he stood out one side and kept
watch — that a jack-knife was found which he knew
was Russel's, that he had often borrowed it to cut
fish-poles — two or three days after, Stephen had
Colvin's shoes on— that he, Jesse, spoke to Stephen
and told him that Sal. would know the shoes —
that he saw no more of them — the old man gave
Stephen $100, and Stephen promised $25 of it to
him. After Jesse was put into another room,
when we were permitted to see each other, Jesse
told me that he had informed Stephen of having
told me the whole affair — Stephen then came into
the room — I asked him if he did take the life of Col-
vin. He said he did not take the main life of Col-
vin, he said no more at that time. A week or ten
days alter, Stephen and I went up into the court
room together — Stephen then said he had agreed

OF VERMONT. 285

with Jesse to take the whole business upon him-
self, and had made a confession which would
only make manslaughter of it — I told him what
Jesse had confessed and he said it was true. Jesse
told me, that in February, 18 months or more af-
ter Colvin was buried, there came a thaw — that
he and Stephen took up the bod3', secured the
bones and remains in a basket and pulled up a
plank in a place where they kept sheep, and put
the bones under the floor — that the next spring the
barn was burnt — that they took the bones and
pounded them up and put them into a deep hole in
the river — that the skull bone w^as burnt so that it
crumbled to pieces, that his father scratched up
some pieces and put them into a hollow birch
stump near the road.

Witness cross examined by Mr. Skinner. —
Jesse, when he confessed the affair, did not say the
body was removed anyw^here till they carried
it off as stated — that Jesse said Esq. Pratt w^as
gone to talk with his wife, but she knew nothing
about it. — ^Jesse wished me not to tell an3^thing of
w^hat he said to me — I first told Mr. Pratt of
Jesse's statement, if I recollect right — nobody was
present in the court-room when Stephen told me
as before mentioned — that Jesse one Sunday, when
we were on the bed together told me he wished me
to keep council, and that he understood that his
wife had said something about keeping watch. I
understood from Jesse that Russel struck Stephen
first — that they had been JaiW/?^ all the time the
fore part of the day.

Mr. Attorney offers a written confession signed

286 EARLY HISTORY

by Stephen Boorn, dated August 27th, 1819; but
it appearing that some promises of favor had been
made to him ])reYious to the confession being
made, it was rejected b^- the court.

William Farxsworth \vas produced to prove
what Stephen told him when he and Stephen were
alone, about his being present when Russel was
killed. He was objected to by respondent's counsel
because it was subsequent to the proposition
made by Esq. Raymond; and Mr. Skinner offered
to prove other proposals and promises made to
the prisoners, at other times, before the conversa-
tion now offered to be proved.

The Court decided that the witness, Farns-
worth, should be examined, and on preliminary-
examination, the witness stated that neither he,
nor anybody else to his knowledge had done any-
thing directlv or indirectly to influence the said
Stephen to the talk he was now about to com-
municate.

The witness states — That about two or three
weeks after the written confession, Stephen told
me he killed Russel Colvin, that there was a quar-
rel, and that Russel struck at him, that he struck
Russel and killed him, that he put him into the
bushes, that he buried him and dug him up, put
the remains under the barn which was burnt, the
bones were taken up and put into the river, just
above the deep hole, that he scraped up the re-
mains and put them into a stump, that he knew
the nails w-hich were found were Colvin's, that no
person was present, that he perpetrated the whole
business himself. I asked him about thejack-knife;

OF VERMONT. 287

he said it was Russel's, he knew it, as soon as he
saw it. I told him the case looked dark, he re-
plied, that if Jesse had kept his ^uts in the\^ should
have done well enough, that he put the pieces of
bones under the stump through a hole between the
roots and stamped the dirt down. — He said he
wished he had back that paper, I asked him what
paper: he said "Hav'ent you seen a paper I wrote?"
Here Mr. Skinner stated, that as Mr. Farns-
worth had, contrary to his expectations, been al-
lowed thus to testify-, he now in behalf of the pris-
oners, called for the w^'itten confession, which was
read as follows, viz. —

"May the tenth, 1812, I, about 9 or 10 o'clock,
went down to David Glazier's bridge, and fished
down below uncle Nathaniel Boorn's, and then
went up across their farms, where Russel and
Lewis was, being the nighest waA^ and set down
and began to talk, and Russel told me how many
dollars benefit he had been to father, and I told
him he was a damned fool, and he w^as mad and
jumped up, and we sat close together, and I told
him to set down, a^ou little tor^^ and there was a
piece of a beech limb about two feet long, and he
catched it up and struck at my head as I sat down
and I jumped up and it struck me on one shoulder,
and I catched it out of his hand and struck him a
back-handed blow, I being on the north side of
him, and there was a knot on it about one inch
long. As I struck him I did think I hit him on his
back, and he stooped down and that knot was
broken off sharp, and it hit him on the back of the
neck, close in his hair, and it went in about a half

288 EARLY HISTORY

of an inch on that great cord, and he fell down, and
then I told the bo^' to go down and come up with
his nncle John, and he asked me if I had killed Riis-
sel — I told him no, but he must not tell that we
struck one another. And I told him when we got
awa}' down, Russel was gone away, and I went
back and he was dead, and then I went and took
him and put him in the corner of the fence by the
cellar-hole, and put briers over him and went
home and went down to the barn and got some
boards, and when it was dark I went down and
took a hoe and boards, and dug a grave as well as
I could, and took out of his pocket a little barlow
knife, with about half of a blade, and cut some
bushes, and put on his face, and the boards and
put in the grave, & put him in four boards, on the
bottom and on the top, and the other on the sides,
and then covered him up and went home crying
along, but I want afraid as I know on. And when
I lived at William Boorn's I planted some pota-
toes, and when I dug them I went there and some-
thing I thought had been there, and I took up his
bones and put them in a basket, and took the
boards and put them on my potatoe hole, and
then it was night, took the basket and my hoe and
went down and pulled a plank in the stable floor,
and then dug a hole, and then covered him up, and
went in the house and told them I had done with
the basket and took back the shovel, and covered
up ni}' potatoes that evening, and then when Hived
under the west mountain, Lewis came and told me
that father's barn w^as burnt up, the next day or
the next but one, I came down and went to the barn

OF VERMONT. 289

and there was a few bones, and when they was at
dinner I told them I did not want my dinner, and
went and took them, and there want only a few of
the biggest of the bones, and threw^ them in the riv-
er above \V3'man's, and then went back, and it
was done quic ktoo, and then was hungry- by that
time, and then went home, and the next Sunday- 1
came down after mone\^ to pay the boot that I
gave to boot between oxens, and went out there
and scraped up the little things that was under the
stump there, and told them I was going to fishing,
and went, and there was a hole, and I dropped
them in and kicked over the stuff, and that is .the
first any bod^' knew it, either friends or foes, even
niv wife. All these I acknowlege before the world.

STEPHEN BOORX.
"Manchester, Aug. 27, 1819."
It appeared from the testimon}^ of a number of
respectable witnesses, that a jack-knife and a but-
ton w^ere found at the old cellar-hole, which be-
longed to said Colvin immediately previous to his
disappearance — that a number of bones and two
nails \vere found in a hollow stump, one of which
was supposed to be a thumb nail, but the other
nail and the bones were so decayed that it was
not ascertained whether they were animal or
human bones — that some bones were found at the
cellar-hole which were not human bones — that the
respondents had said that Russel had gone to hell,
and that they had put him where potatoes would
not freeze; and that they had made various state-
ments concerning the transaction, sometimes stat-
ing that they were present at the time of Colvin's

290 EAKLV HISTORY

disa])pearing, sometimes that they were at Paw-
let, Rupert, Sandgate, and various other places.

The jur\' found both the respondents guilty,
and they were sentenced to ])e executed on the
28th January, 1820.

Soon after the trial ended, a petition was sent
to the Legislature, then sitting at Montpelier, for
pardon or commutation of their punishment. The
Hon. Judge Chase laid the facts before the Legis-
lature, by their request, in a form of a report, and
on the 15th ol November, the house adopted the
following resolution: —

'[Resolved, That the prayer of Stephen and
Jesse Boorn be so far granted, as to commute the
punishment of death, for that of imprisonment for
life, in the State's Prison at hard labor, in the case
of the said Jesse Boorn, and that he have leave to
bring in a bill accordingly; and that it is inex-
pedient to grant any relief to the said Stephen."
On the question. Shall the first clause of the resolu-
tion be adopted, the yeas were 104 — nays 31. On
the second clause, yeas 94 — nays 42. A bill was
subsequently passed comporting with the first
clause of the above resolution.

Stephen Boorn, on hearing that the Legislature
had not granted him any relief, caused a notice to
be published in the Rutland Herald, of the folio \v-
import: —

"MURDER. — Printers of Newspapers through-
out the United States, are desired to publish that
Stephen Boorn, of Manchester, in Vermont, is sen-
tenced to be executed for the murder of Russel Col-
vin, who has been absent about seven years. Any

OF VERMONT. 291

person who can give information of said Colvin,
may save the life of the innocent by making im-
mediate communication. Colvin is about five feet
five inches high, light complexion, light hair, blue
eyes, about forty 3'ears of age.

"Manchester, Yt. Nov. 26, 1819."
What can be suposed were the feelings of the
public on seeing the foregoing advertisement?
Could an^' person believe that Colvin was alive,
after having heard the confessions of the two pris-
oners, that thev had murdered him, buried him,
dug up his bones, buried them under the barn, the
barn afterwards being burned, and the bones tak-
en up again and thrown into the river, Colvin's
hat, button and knife found, Stephen with Col-
vin's shoes on, and Colvin not heard ol for more
than seven years? But after all, it turns out that
Colvin is still in "the land of the living," although
various opinions were formed as to the correctness
of the following letter published in the New- York
Post.

Shrewsbury, Monmouth, N.J. Dec. 6.
''To the Editor of the N. Y. Evening Post.

"Sir— Having read in 3'our paper of Nov. 26th
last, of the conviction and sentence of Stephen and
Jesse Boorn, of Manchester, Yermont, charged
with the murder of Russel Colvin, and from facts
which have fallen within my own knowledge, and
not knowing what facts ma_v have been disclosed
on their trial, and wishing to serve the cause of
humanity, I would state as follows, which mav be
relied on: Some years past, (I think between five
and ten ) a stranger made his appearance in this

292 EARLY HISTORY

county, and being inciuircd of, said his name was
Russel Colvin (which name he answers to at this
time) — that he came from Manchester, Vermont —
he appeared to be in a state of mental derange-
ment, but at times gave considerable account of
himself— his connections, acquaintances, &c. He
mentions the name of Clarissa, Rufus, &c. Among
his relations he has mentioned the Boorns above —
Jesse, as Judge, (I think) &c. &c. He is a man
rather small in stature — round favored, speaks ver3^
fast, and has two scars on his head, and appears
to be between 30 and 40 3'ears of age. There is no
doubt but that he came from Vermont, from the
mention that he has made of a number of places
and persons there, and probably is the person sup-
posed to have been murdered. He is now living
here, but so completely insane, as not to be able to
give satisfactory account of himself, but the con-
nexions of Russel Colvin might know b\' seeing
him. If you think proper to give this a place in
3'our columns, it may possibh" lead to a discovery
that ma3^ save the lives of innocent men — if so, you
will have the pleasure, as well as myself of having
served the cause of humanity. If 3'ou give this an
insertion in your paper, pray be so good as to re-
quest the different editors of newspapers in Xew-
Vork and Vermont, to give it a place in theirs.
"I am. Sir, with sentiments of regard, 3'Ours,&c.

"TABER CHADWICK."

On the promulgation of the above letter in New

York, the members of the corporation of the city

sent a Mr. Whelplc}', of that cit\', who was form-

erh' acquainted with said Colvin in Vermont, to

OF VERMONT. 293

New-Jersey to ascertain the fact. Mr. Whelpley,
being satisfied that it was the same Colvin who
was supposed to have been murdered, he was con-
ducted to Manchester, through New-York, Albany
and Tro3', at which places the streets were literal-
h^ filled with spectators to get a peep at the mur-
dered Colvin! On the 22d day of December, 1819,
a large assembly of people from various towns ad-
joining, had convened at Manchester to behold
the entrance of Colvin into the tow^n, in order to
see the dead man, and hear his story! His entrance
was announced by the firing of cannon, and
Stephen Boorn was immediately released from
prison, and his chains, to behold his old acquaint-
ance !

Russel Colvin came to the house of William Pol-
hemus, in Dover, Monmouth county, New-Jersey,
in March or April, 1813, somewhat deranged and
has lived there since until his removal as above
stated; and after staying in Manchester a day or
two, he returned back to New-Jerse3\ He did not
give an^^ particular account of the quarrel men-
tioned in the trial, nor w^ould he own his wife, from
which circumstances some have supposed that he
w^as not the man supposed to have been mur-
dered, but some other person ever3^ way re-
sembling the said Colvin; and I must confess,
that if there had been no stronger proof of the re-
turn of Russel Colvin to Manchester than that
every person in Manchester formerl^^ acquainted
with him, knew him to be the same Colvin, I
should have my doubts ; but on inquiring of the
people of Manchester, and ascertaining that the

204 EARLY HISTORY

man returned for Russel Colvin, would call the
people who he was formerly acquainted with b}'
their names and their titles, such as Esq., Capt.,
uncle, &c. my doubts are removed, and I am in the
full belief of the said Russel Colvin having returned
to Manchester as stated.

Various are the opinions relating to this mys-
terious affair, but one thing is certain — that is, that
Stephen Boorn, Jesse Boorn and Russel Colvin had
a quarrel as stated bv Thomas Johnson, and the
Boorns' confessions, and I think also that Colvin
received a bad wound from Stephen, and that Rus-
sel went off without his hat and shoes unknown
to Stephen or Jesse, and not being heard of for a
number of years, Stephen and Jesse were no doubt
of the opinion that Colvin had died of the wounds
received from them. After they were examined
and committed for trial, knowing they had told
different stories about the transaction, and Colvin
not being heard of, and others advising them to
confess, they were induced to make the confessions
and in such a way as to make Colvin the first ag-
gressor, and if possible save themselves from the
gallows.

CHAPTER XVI.

THE TOWN OF JERICHO.

The town of Jericho in the County of Chitten-
den was one of the one hundred and twent3'-nine
towns that were granted by Benning Went worth,
the Governor of New^ Hampshire, when that State
claimed jurisdiction over the territory now called
Vermont. The town is in lat. 44°— 27', and long.
4,° 4'. The 129 towns were all granted betw^een
Jan. 2nd, 1749, and Nov. 4th, 1764. The grant for
Bennington bears date on the 3d day of Januar^^,
1749, it being the first town granted. Jericho was
granted the 7th day of June, 1763. The grant was
in the words, figures and names following:

JERICHO.
*2 — 33 *Province of New-Hampshire.

Jerico GEORGE the Third,

'-- — — j^ By the Grace of God, of Great-Britain,
I France and Ireland, King, Defender of

=1 P. S. the Faith &c.

To all Persons to whom these Pres-
}_ ., ^ enls shall come.

Greeting.
Know ye, that We of Our special Grace, certain
Knowledge, and meer Motion, for the due En-
couragement of settling a New Plantation within
our said Province, by and with the Advice of our
Trusty and Well-beloved Benning Went worth,
Esq; Our Governor and Commander in Chief of

(295)

296 EARLY HISTORY

Our said Province of New-Hampshire in New-
England, and of our Council ofthe said Province;
HAVE upon the Conditions and Reservations
herein after made, given and granted, and by
these Presents, for us, our Heirs, and Successors,
do give and grant in equal Shares, unto Our loving
Subjects, Inhabitants of Our said Province of New
Hampshire, and Our other Governments, and to
their Heirs and Assigns for ever, whose names are
entered on this Grant, to be divided to and amongst
them into Seventy two equal Shares, all that
Tract or Parcel of Land situate, lying and being
within our said Province of New-Hampshire, con-
taining by Admeasurement, 23040 Acres, which
Tract is to contain Six Aliles square, and no more;
out of which an Allowance is to be made for High
Wa^'s and unimprovable Lands b}- Rocks, Ponds,
Mountains and Rivers. One Thousand and Fort\'
Acres free, according to a Plan and Survey there-
of made by Our said Governor's Order, and re-
turned into the Secretar3^'s Office, and hereunto
annexed, butted and bounded as follows. Viz. Be-
ginning at the Southerly or South Easterly Corner
of Essex at the Northerh' side of Onion or French
River (so called) from thence Easterly up said
River so far as to make Six Miles on a straight
Line, allowing the same to be Perpendicular with
the South Easterh^ Line of said Essex from thence
Northerly a Parralell Line with the south Easterly
line of said Essex six Miles from thence Westerh-
about six Miles to the North Easterh' corner of
said Essex, from thence southerly by the Easterly
Line of said Essex Six Miles to the place begun at

OF VERMONT. 297

— And that the same be, and hereby is Incorpor-
ated into a Township by the Name of Jerico And
the Inhabitants that do or shall hereafter inhabit
the said Township, are hereby declared to be En-
franchized with and Intitled to all and ever\' the
Priviledges and Immunities that other Towns
within Our Province by Law Exercise and Enjoy:
And further, that the said Town as soon as there
shall be Fifty Families resident and settled there-
on, shall have the Libert}^ of holding Two Fairs,
one of which shall be held on the

And the other on the
annually, which Fairs are not to continue longer
than the respective

following the said and that as

soon as the said Town shall consist of
Fifty Families, a Market may be *open-
ed and kept one or more Days in each *2 — 434
Week, as may be thought most ad-
vantagious to the Inhabitants. Also, that the first
Meeting for the Choice of Town Officers, agreable
to the Laws of our said Province, shall be held on
the 14th July next which said Meeting shall be
Notified by Mr. John Burling who is hereby also
appointed the Moderator of the said first meeting,
which he is to Notify and Govern agreable to the
Laws and Customs of our said Province; and that
the annual Meeting for ever hereafter for the
Choice of such Officers for the said Town, shall be
on the second Tuesday of March annually. To
Have and to Hold the said Tract of Land as
above expressed, together with all Priviliges and
Appurtenances, to them and their respective Heirs

298 EARLY HISTORY

and Assigns forever, upon the following Condi-
tions, viz.

I. That every Grantee, his Heirs or Assigns
shall plant and cultivate five Acres of Land within
the Term of five Years for everv fifty Acres con-
tained in his or their Share or Proportion of Land
in said Township, and continue to improve and
settle the same b\' additional Cultivations, on
Penalty' of the Forfeiture of his Grant or Share in
the said Township, and of its reverting to Us, our
Heirs and Successors, to be by Us or Them Re-
granted to such of Our Subjects as shall effectuall}'
settle and cultivate the same.

n. That all white and other Pine Trees within
the said Township, fit for Masting Our Ro3^al
Nav\% be carefulh' preserved for that Use, and
none to be cut or felled without Our special License
for so doing first had and obtained, upon the Pen-
alty of the Forfeiture of the Right of such Grantee,
his Heirs and Assigns, to Us, our Heirs and Suc-
cessors, as well as being subject the Penalty ofany
Act or Acts of Parliament that now are, or here-
after shall be Enacted.

HL That before an3^ Division of the Land be
made to and among the Grantees, a Tract of Land
as near the Centre of the said Township as the
Land will admit of, shall be reserved and marked
out for Town Lots, one of which shall be alloted
to each Grantee of the Contents of one Acre.

IV. Yielding and paA'ing therefor to Us, our
Heirs and Successors for the Space often Years, to
be computed from the Date hereof, the Rent of one
Ear of Indian Corn onh% on the twenty-fifth Day

OF VERMONT. 299

of Dece/rzfoer annuall3', if lawfully demanded, the
first payment to be made on the twenty-fifth Da^^
o{ December, 1763.

V. Every Proprietor, Settler or Inhabitant,
shall yield and pay unto Us, our Heirs and Succes-
sors yearly, and every Year forever, from and after
the Expiration of ten Years from the abovesaid
twent\'-fifth Day of December, namely, on the
twenty-fifth Day of December, which will be in
the Year of our Lord 1773 One shilling Proclam-
ation Money for ever^^ Hundred Acres he so owns,
settles or possesses, and so in Proportion for a
greater or lesser tract of the said Land; which
Mone\' shall be paid by the respective Persons
abovesaid, their Heirs or Assigns, in our Council
Chamber in Portsmouth or to such Officer or Of-
ficers as shall be appointed to receive the same;
and this to be in Lieu of all other Rents and Ser-
vices w^hatsoever.

In Testimonv whereof we have caused the Seal
of our said Province to be hereunto affixed. Wit-
ness Bexxixg Wentworth, Esq; Our Governor
and Commander in Chief of Our said Province, the
Seventh Day of June In the Year of our Lord
Christ, One Thousand Seven Hundred and Sixty
three And in the Third Year of Our Reign.

B)^ His Excellency's Command,
With Advice of Council,

^ T Atkinson Jun^ Sec^y

Pro^ New Hamp^ June 7^^ 1763

Recorded According to the Original Charter

under the Prov^ Seal

t?^ T Atkinson Jun^" Sec^y

300

EARLY HISTORY

*2— 435 *The Names of
Edwd Burling
Thos Burling
Sanil Burling
John Sackett
John Sackett Junr
John Wiggins
Willm Wiggins
Willm Latham
Lancaster Burling
Amos Dodge Junr
James Jarvis
Charles Jarvis
Philip Brasher
Willm D Peyster Junr
Barnard De Forcest
Amos Underhill Junr
Soloman Underhill
Saml Laurence
Thos Grenell
W^illiam Mercier
John Burling
John Bowne
Nichs H Bogart
Jereah Martine
Peter Tetard
Charles Davis
John Davis
James McCreedy
Henry Matthews
Collo Saml Barr
Drjohn Hale
Thos Grenell Senr;

the Grantees ofjerico (Viz)
James Burling
Walter Burling
Benja Burling
James Sackett Junr
Danl W^iggins
Danl Wiggins Junr
Benja Wiggins
Danl Latham
Amos Dodge
Arthur Jarvis
James Jarvis Junr
Benja Bill
Abrm Brasher
Morris Earle
John Bates
David Underhill
Edmd Underhill
James Laurence
Thos Grenell Junr
John Dyer Mercier
Philip Burling
John Vermilye
John Martine
John Guerinaux
Saml Gillat
Stephen Davis
James Davis
John Cornell of Flushing
Saml Averil
Joseph Blanchard
Benja Jarvis

OF VERMONT. 301

Hon John Temple, Theo: Atkinson, Mk H^' Wcnt-
worth Esqrs.

His Excellency Benning Went worth Esq^ a
Tract of Land to Contain Five Hundred Acres as
marked B — W — in the Plan which is to be Account-
ed two of the within Shares, One whole share for
the Incorporated Society for the Propagation of
the Gospel in Foreign Parts, One Share for a Glebe
for the Church of England as by Law Establish'd,
One Share for the First settled Minister of the Gos-
pel, & One Share for the benefit of a School in said
Town —

Province of New Hamp^' June 7^^ 1763

Recorded according to the Back of the Original
Charter of Jericho under the Pro^' Seal

r^ T Atkinson Jun Sec^^'

The town contained 23,040 acres. Bv an Act
of the Legislature, Richmond was incorporated
Oct. 27th, 1794-, and a part of Jericho, together
with a part of Williston, and a part of Hunting-
ton (then called Xew Huntington) were taken to
make that town.

The town is well watered with springs and
brooks. The Onion or Winooski River (in the
early history of Vermont called the French River)
washes the southwestern boundarv. Brown's river
enters the town at the northeast from Underbill
and runs through the town into Essex. Lee River
also takes its rise in the town of Underbill, enter-
ing Jericho in the east part, and running through
the town the distance of six miles, and unites with
Brown's River at the village of Jericho in the west
part of the town. Mill Brook enters the town

302 EARLY HISTORY

rom Bolton, and runs into Onion River about
half-way from Richmond to Essex. Jericho is a
good farming town, and well adapted to raising
most kinds of grain and grasses.

In the early days of Jericho there were but few
families that had come to settle there to fell the
forest and to establish homes for themselves.
Those that first came were poor and had to
struggle with povert}^ and hardships incident to
a pioneer life, and ^vere exposed to cruel treatment
from the British and hostile Indians, and were re-
quired to be watchful to guard against capture
by the enemy. At first there were a few families
who settled in the south part of the town near
Onion River, and a famiW bj' the name of Joseph
Brown settled on Brown's River near Underbill in
1774. On Oct. 16, 1780, hostile Indians from Can-
ada, inspired and aided by the British, made their
way to and burnt the village of Royalton, and on
their return the part3' divided on Onion River near
Bolton, one division going down the river to Lake
Champlain and made their way back to Canada,
while the other division passed over through Jeri-
cho to said family of Browns on Brown's River. Be-
fore the Indians had found the residence of the
Brown family, a man by the name of Gibson who
had been hospitabl_v entertained by Brown for
some time, while hunting in that section, fell into
the hands of the Indians. He told the Indians if
the\' would let him go, he would lead them where
they could get a whole family. The Indians agreed
to this and were led b}^ Gibson to the house of
Brown; six savages entered the house and took

OF VERMONT. 303

prisoners Mr. Brown and his wife and two chil-
dren, (not their own,) who were living with them
at the time. A man b^' the name of Old residing
with Brown, seeing the Indians enter, jumped
from a window and escaped to the family of Rod-
erick Messenger living in the south part of the
town near Onion River. At the time the Indians
reached the house Brown's two boys, Charles and
Joseph, of 14 and 12 3'ears of age respectiveh',
were not at home. When the two boA^s returned
home at night they were also taken prisoners by
the Indians la^-ing in wait for them. The Indians
after securing their prisoners, killed the cattle,
sheep and hogs belonging to Mr. Brown, set the
house on fire and started for Montreal. The pris-
oners suffered much on their journev through the
woods, from fatigue and hunger. On their arrival
at St. Johns, they were sold to British officers at
eight dollars per head, and b_v them retained as
prisoners nearly three years and kept at hard la-
bor as servants for their masters, and were allow-
ed but miserable fare. The said sons, Joseph and
Charles, fled from the British service and imprison-
ment in the spring of 1783, and returned to their
Jericho home, where their father and mother joined
them when they were released upon the declara-
tion of peace between Great Britain and the United
States.

The said Charles, the eldest boy that was cap-
tured, was the father of Zina Brown, formerly a
Methodist minister, and Luther Brown who form-
erlv lived in the brick house near the cemetery a
little east of the village of Underhill, and the other

304 EARLY HISTORY

boy, Joseph, was the grandfather of Henry M.
Brown, who now lives near the place where the
two boys were captured.

The first three settlers, and who came from the
western part of Massachusetts, were the said
Joseph Brown, Senior, Roderick Messenger already
referred to, and Azariah Rood, who settled in town
in 1774-.

The town was organized March 22, 1786, at a
meeting warned by John Fassettc, Judge of the
Supreme Court. At this meeting James Farns-
worth was chosen Moderator; Lewis Chapin,
Clerk; Peter Mc Arthur, Constable. At another
meeting held June 13th, 1786, Azariah Rood,
Joseph Hall and Jedediah Lane were chosen Select-
men. Jedediah Lane was the first Representative
ofthetownto the General Assembly and was
elected Nov. 29, 1786.

Among the earh' settlers were David T. Stone,
who came to town about 1791, from Connecticut,
Gains Pease and George Brutts came to town about
the same time and all settled on Lee River. The fol-
lowing, a well authenticated incident, is related of
these three men who believed in exact justice. One
Case\^ who lived in the same neighborhood, for
some offence took his son to the woods at night,
and after a dreadful whipping left him tied to a
tree until his screams brought the neighbors to
his relief in the early morning. Notice was given
of the transaction to the executors of the law, in
this case, who appeared at the abode of Casey,
the next night, and with the "beech seal" and raw-
hide well laid on sought to change the disposition
of Casev.

OF VERMONT. 305

Amono^ the early settlers were John Lyman, the
father of John, (who was Clerk of the town for
many years,) and Daniel who lived in Jericho for
many years and till their death after the death of
their father; David and Jedediah Field who came
to Jericho from Quilford, Conn., about 1797, Alar-
tin Chittenden, Nathaniel Bostwick, John Lee,
Caleb Nash, Benjamin Da}-, Polli C. Packard, Jesse
Glovd, Jesse Thompson, James Marsh, Isaac Ben-
ham, Oliver Lowre}-, Truman Barney' , Truman
Galusha, Nathaniel Plin^-, Lemuel Blackman,
Elias Bartlett, Hosea Spaulding and Timothy
Bliss.

One of the first roads that w^as built through
Jericho, was built, as it was a .custom in those
daj's in a direct line over high hills, ran from what
is now called Underbill Flatts to Onion River, over
the hill and by the now farm house of Eugene Her-
rick, and crossed Lee River near where W. R. Ma-
comber now lives, and from there over the hill and
by where Arthur K. Morse now resides, to Onion
River.

It may be of some local interest to record where
persons who were for a long time citizens of the
town, resided. It will not be my purpose to be def-
inite as to the time when such person's residence
commenced or when they removed or died; nor will
it be practicable for the writer, to state the res-
idence of the inhabitants before 1857, when he be-
came a citizen ot the town, but will state the res-
idence of the persons hereafter named from about
the year 1857 to about 1870. On the road lead-
ing from Jericho to Onion River, Daniel Lyman and

306 HAKLV IIISTOKV

his son Charles H., owned and lived on the farm
where Airs. E. L. Sargent now resides, and Horace
Babcock a Httle east of the same road on land
now owned by Wert Brigham. David Hutchinson
lived on the farm where his son James H. Hutchin-
son now lives; Orin Crane residcd.on the next farm
to the south. Orley Thompson owned and lived
upon the farm a little east from said road, that is
now owned by Hosea Wright.

On the road running up Onion River Rufus
Bishop lived on the place where Daniel B. Bishop
now lives, and the said Daniel B. resided on his
farm a little farther towards Richmond. Lcet A.
Bishop resided a long time on the farm now occu-
pied by E. C. Fay. and until he removed to Willis-
ton. George Goodrich lived on the road leading
from the Leet A. Bishop place to Jericho Center,
on the farm now owmed and occupied by Edgar L.
Barber. On the cross road leading from the said
Leet A. Bishop place to the road leading from Jeri-
cho Center to Richmond there resided S\dvester
and Cyrus Tarbox on the farm where the survivor
Cyrus now lives; and about one-half mile to the
east of said Tarbox farm resided Solomon Powell
on a farm which he afterwards sold and removed
therefrom.

On the road running from Richmond to Jericho
Center Jesse Gloyd has resided many ^^ears near
Richmond line, where he and his son now live.
About half a mile north from the last named place
Dea. Ezra Elliott resided on the farm where George
E. Cunningham now resides. Lewis Marsh resided
for man}' years a little north of the Elliott farm,

OF VERMONT. 307

and Harvey P'ord lived on the north bank of
Mill Brook as you go north on said road. Subal
Palmer lived at the top of the hill a few rods north
of the Ford place and kept spruce beer for sale,
and for a sign indicating what article he had to
sell, he had placed over his door, "Spruss Bier."
A little further towards the Center Henr3'Borrow-
dale lived on his large farm, where S. W. Hoyt
now lives. At the forks of the road where the
Mill Brook road connects with the road to Rich-
mond John T. Clapp lived many years, and till he
removed to Jericho Corners. A little to the north
of the Clapp place where the road is lined with
handsome maple trees, there resided DanaBicknell,
where B. G. Brown now resides. Said Bicknell af-
terwards removed to where his children, Dustin
and Emma now live. On the same street Josiah
Townsend formed v resided. Russell French re-
sided in the brick house north of the Bicknell place,
where his son Warren F. French now lives.

On the Mill Brook road there lived RoUin M.
Clapp, A. S. Wood, Lyman Hall, and William
Nealy. There lived on the East hill on the road
leading across said brook, Harve\" Field on the
farm where his grandson Robert Field now lives.
Silas J. Haskins, Ansel, Daniel, Zenas, and Horace
Nash lived at Nashville.

Martin Howe, Theodocia and Lavina Monroe,
and Harry Hoskins lived on the road running from
Nashville to Lee River. There lived on the road
leading from Nashville to West Bolton Judge An-
drew Warner on the farm now occupied by Charles
and Willie Ben tie v. Hubbel B. Smith lived at the

308 EARLY HISTORY

end of a spur ot a road where Newell Story now
lives. Furthereaston the main road leading to Bol-
ton there lived Chaimcey Abbott. Benjamin B.
Hatch lived on the farm where Moses Leary and his
son now live; Billings Stroud lived on the same
road near Bolton line. On the road leading
towards Jonesville there lived Chesman Johnson
and John McAndlass. Nathan Smith lived at the
end of the spur of road leading north from near
the Moses Leary place.

South from Jericho Center near the Cemetery
Ho3't M. Chapin lived, and on the same road run-
ning round to the Richmond road there lived Hen-
ry Gibbs and Nathan Richardson. Nathan Benham
lived on the farm where his son-in-law, H. H. Hall,
now resides. On the road running north-easterly
from the Common there lived William Bartlett;
and Norman Wight lived at the north end of that
road. James Morse lived and carried on mercan-
tile business at the south side of the Common un-
til he moved on to his farm, where Arthur K.
Morse now lives. Elias Bartlett lived a little
north of the Common, on the road leading to
Jericho village. Joel B. Bartlett lived at the west
side of the Common near the store where George
Styles has since resided. E. H. Lane was for a long
time a merchant, doing business on the west side
of the Common. Hosea Spaulding lived in the
red house north of the village on the road towards
Jericho, where Wells Lee now owns, and John
Chambers lived at the corner of the road a little
north of the said Spaulding place; Martin Bartlett,
the land surveyor, owned and lived on the farm
now owned bv Isaac C. Stone.

OF VERMONT. 309

William Johnson, Hira A. Percival, Phillip Car-
rol and Bryan Reddy lived on the Plains on the
south road leading from Jericho to Jericho Center,
and Alexander Miller lived east of the Plains on the
hill where Henry Smith now resides. Charles Hil-
ton lived on the hill on the road leading from the
said Miller place to Onion River where Carl Schill-
hammer now lives, and where W. R. Macomber
formerly lived. Vincent Yarney lived on the road
leading from the said Hilton place to Jericho Cen-
ter on the farm where Sarah Varney and Jed Yar-
ney now reside. On the road from there to Onion
River there lived James Morse. John Smith; and
Gordon Smith lived where he now lives. On the
road leading from the said Miller place to Jericho
Center Everet W. Johnson lived a little east of
said Miller place, and James Graham resided on
the farm where Oliver H. Brown now lives.

Allen Balch owned and lived on the farm where
W. W. Ring now lives on the Lee River road lead-
ing up said river from Jericho village; Milton Ford
lived w^here Matthew J. Tierne\' resides; Addison
M. Ford lived where he now^ does; T. Chittenden
Galusha resided where John Schillhammer now
lives. Henry B. Percival lived on the farm where
W. I. Byington now lives; Lyman Stimson lived
on the farm now owned by Sidney S. Thomson,
and carried on the wheelwright and blacksmith
business. Robert Gibson lived and carried on the
shoe and boot making and repair business for
many years and until he died, a little east of the
Stimson place near the bridge. Asa Church lived
at the corner of the roads where the Lee River
road crosses the road leading to Underbill.

310 HAKLV HISTORY

Lucius L. Lane lived up the river on the farm
where L. H. Chai)in now resides, and Reuben Lee
lived on the farm now occupied by his son-in-law,
Luther M. Howe. Silas Ransom lived on the farm
now occupied byB. B Mattimore; Cyrus Lanelived
on the farm now owned and occupied by Martin V.
Willard and son George. Ezra Kinney- lived near
the school house. Antoine Laflash lived where
Frank E. Kinney now does; Hiram Stone lived on
the farm where James Alorse now resides. Simeon
Pease, Benjamin Joy and Thomas Choate lived on
the road running from Lee River near said Hiram
Stone farm to Underhill Center. Said Pease lived
where Ezra J. Brown now^ lives. On the Lee River
road, Leonard Pease lived on thefarm now known
as the McGinnis farm.

Xehemiah Prout}- lived in the two story house
adjoining the Leonard Pease farm. David Benson
lived where his widow resides, and Edgar Barney
owned the saw-mill and lived on the premises
there situated, where J. E. Burrows now resides.
There lived on the upper road running from Lee
River towards Underhill Center Isaac Smith and P.
B. Smith his son; Stephen Hale lived on a farm on
the same road leading to West Bolton, where John
McGee now lives. Benial AlcGee, a litegou3 man,
lived in the north-east corner of the towm. James
Martin lived where F. N. Fuller now lives, and on
the same road F. A. Fuller, D. W. Doncaster lived
for man3' years. Alva Pease lived on the farm
where his son, Frank W. Pease, now resides; Leon
Gauvin lived in the brick house on the same road,
and Oatis Church lived on the farm next to Bolton
line.

OF vp:rmont. 311

On the road running from Lee River to Under-
bill Flatts (so called) Ezra Church lived on the
farm where Asa Church now lives; C3'rus Packard
lived where his son Harrison now resides, and Ed-
mund Martin lived on his farm situated on the
road leading from the Packard farm easterly to
Lee River.

Homer Rawson lived where he now resides, on
the corner of the roads, one leading northerly on
to the Cilley hill (so-called.) Dr. Jesse Thompson
lived where James McLane now lives, and C. M.
Spaulding lived where Clark R. Varney resides,
and Henry Oakes lived where Albert Cilley since
lived till he died. Uzziel S. Whitcomb lived where
James Hanle\' now lives, and Hiram Martin lived
on the farm where Nelson A. Prior now resides,
and Oliver Lowrey in the next house to the east
of the Martin place, while Albert Lowrey owned
and occupied the farm where his son, O.J. Lowrey,
now lives, and George P. How^e lived on the farm
now owned by Ira Hawley; Arthur L. Castle lived
for many years and till he died, on the farm now
owned by Irving A. Irish, and Selah Babcock a
few rods to the east, adjoining the Castle farm.
Lucius S. Barney lived on the farm now owned by
his son, Truman B. Barney; and Hiram B. Day on
the farm now owned by Elmer G. Irish.

Joseph Brown resided on the farm where his
son Henry Brown now lives, on the road leading
to Jericho Center; and Albert Gleason lived on the
farm now owned by his son, I. R. Gleason. Rex-
tus Orr lived on the middle road running south
from the said Hiram B. Day farm, and on the same

312 EARLY HISTORY

road, about a mile to the south, Newell Marsh
liYed, on the farm that was afterwards owned by
Martin H. Packard, and now owned by M. B.
Small. Abijah Whitton and his son, John P. Whit-
ton, lived on the first farm on the road leading
south from the said Albert Low^rey farm; Rollin
M. Townsend lived where Loren Jackson now^
lives, on the same road; and Harvey Booth lived
on the farm where his son, Hawley C. Booth, re-
sides; while Hiram Booth lived on the farm where
William Schillhammer resides. Julius H. Hapgood
lived on the farm now owned by S. A. Hale on the
Race-wa\^ road.

At the Flatts village, Charles Hubbell lived
near the covered bridge that spans Browm's River;
and Edw^'ird S. Whitcdmb, Senior, ow^ned the farm
and store situated where C. H. Hayden is carr\'-
ing on the mercantile business. Robert Jackson
lived on the farm now owned b\' Frank S. Jackson
on the road leading to Underbill Center; and
Luther Brown owned and lived in the brick house
on the same road. The Arthur "Bostwick House,"
afterwards the ''Dixon House," that was run as a
hotel and summer boarding house for many years,
stood on the road leading north through the main
part of the village, a few^ rods north-westerW from
said Whitcomb store building. L. M. Dixon lived
where E. S. Whitcomb now resides; Julius H. Bost-
wick owned and lived upon the premises where
Samuel A. Hale lives; Isaac C. Bostwick lived
at the corner of the said village road and the Race-
way' road; and Joseph Kingsbury lived on the op-
posite corner on the farm where Walter E. Russell

OF VERMONT. 313

and his son John now reside. Amos Eastman lived
in the next house north, nearh' opposite of the
Episcopal church. Samuel B. Bliss lived on the
premises where his son Edwin Bliss resides, and
carried on the blacksmith business there for many
years; and George Claflin on the place on the op-
posite side of the road. Stephens. Brown, form-
erly an eminent lawyer, resided westerly from the
Claflin place, at the end of a spur of. a road. Dr.
A. F. Burdick lived many years where he now
does, nearlv opposite the Methodist church.

Benajah C. Buxton lived on the saw mill prem-
ises on the south bank of Brown's River, on the
road leading from where Homer Rawson lives to
the "Cilley Hill," and Patrick Russell on the op-
posite side of Brown's River, on the premises
where Julia E. Moulton now resides. George B.
Oakes owned the farm where Mrs. Henry L. Lane
now lives; and Andrew J. Cilley lived on the farm
where George White now resides. Spencer Cille^^
lived on the first farm on said "CilleA^ Hill" (so-
called); and Walter E.Russell owned and occupied
the next farm north till he moved on to the Kings-
bury farm at Underhill Flatts (so-called) ; and
George W. Smith lived for man^^ years, and till his
death, where his son-in-law, Henry T. White, now
resides.

At the village of Jericho, sometimes called
Jericho Corners, Rollin M. Galusha resided in the
brick house below the bridge ; and Horatio B.
Barney lived in the brick house below the "Tavern
House" that was kept for many years by his
brother, Martin C. Barney. Solomon Papineau

314 EARLY HISTORY

lived where Joseph Bissonett n(3\v lives. George
B. Oakes lived on the corner where E. B. Williams
now resides; David Fish lived for many 3'ears
where Charles E. Percival now lives; and Erastus
Field, on the opposite side of the street. Anson
Field, Sr., lived at the corner of the road opposite
of the said George B. Oakes' place. Sylvanus
Blodgett lived on the same premises where the Lu-
cius Irish house now stands, and his son R. S.
Blodgett a few rods further east; Orlin Rood
lived for many years where his son, D. E. Rood,
resides. Dea. Truman Galusha lived in the brick
house on the hill where H. N. Percival now resides.
R. Loomis Galusha lived on said Truman Galusha
place, after the death of his father Truman, till his
death.

The w^riter lived for many years above the Bar-
ney "Tavern House," on the opposite side of
the street; and Ferdinand Beach lived on the w^est
side of the street as the street rises the hill. J. H.
Hutchinson lived at the top of the hill west of the
school house. Luther Prouty occupied the brick
house and premises on the opposite side of the
street from the school house where Horace S.
Wood now resides. Joel Davis lived in the house
west of the Alethodist church, w^hich house Calvin
^lorse afterwards owned and lived in, and is
where H. A. Percival now lives. Dr. George Howe
lived, before 1857, on the same street, in the house
now owned by Anson Field ; and Dr. Dennison
Bliss lived on the south side of the street where
Warren P'ellows now resides. Anson Field lived
where L. F. Wilbur now resides.

OF yp:rmoxt. 315

John Oakes resided on the farm now owned by
Glenn Booth, and William E. Oakes resided where
Frank Howe now lives; and Nathan Porter lived
where Mrs. AI. B. Atchinson now lives, it being
one of the oldest houses in the village. Simon Da-
vis and Henry M. Field, his son-in-law, lived where
Anson Field now does, on the street running north
from the main street in the village; Joseph
Jocko lived at the north end of the bridge, on the
east side of said road; while Hiram B. Fish lived
in the next house north from the Jocko place.
John Fairchild lived on the opposite side of the
road, adjoining the saw-mill premises.

The Baptist and the Methodist churches now
occupied by those denominations rcspectiveh' were
built in the year 1858.

There are two places in Jericho with the build-
ings thereon that have an interesting history that
should receive more than a passing notice: viz., the
Academy at Jericho Center and the Brick Church
at the Village of Jericho.

At Jericho Center the Academ\^ building and the
land where it stands were conveyed by deed by
Lewis Chapin on the 6th day of September, A. D.,
1825, in words and figures following: viz.: —

"Know all men by these Presents that I Lewis
Chapin of Jericho do by these presents give grant,
convey and confirm unto the owners and proprie-
tors of the building called the Baptist Meeting
House and select School Room, the ground on it —
the spot to contain 40 feet on the road and forty
feet back — being forty feet on each of the four lines.
To have and to hold the above granted and bar-
gained premises to them," etc.

316 EARLY HISTORY

Said deed was received for record by John Ly-
man, Jr., Town Clerk, and recorded in Vol. 4, on
Pao^e 500 of the land records of Jericho. On Oc-
tober 28th, 1828, the Legislature of Vermont
passed an Act of incorporation, by which Harvey
Smith. Nathaniel Blackman, Wm. P. Richardson,
Simon Bicknell, Hosea Spaulding, Simeon Parmelee,
Septimeus Robinson, and Seth Cole, and their as-
sociates and successors, were constituted a body
politic and corporate, the Trustees and Mem-
bers of Jericho Academy, with powers to hold
property, real and personal, including a librar3'.

At the Centennial anniversary of the organiza-
tion of the First Congregational Church of Jericho
in 1891, Professor Joseph S. Cille3', who was edu-
cated at said Academ\^ when the school there was
having its palmy da3's, prepared and read at the
anniversarv a paper, which he gave me permission,
before he deceased, to have appear in this book.
The paper was as follows, Viz.:

"There are, in the lives of us all, occasions of
special interest and of great importance. Seasons
of success and failure, of victors and defeat; times
of gladness and of sorrow; days of exceeding
brightness and the deepest darkness; hours of the
purest delight and of the deepest grief.

Nor are these times, days and hours ended
when passed; the3' exist in memor3' forever, way
marks in the journev of life over which we often
pass in review to find return of joy or renewal of
grief. This is a da3' especiallv calling for such re-
view. One hundred years in the life of the First
Cong. Church in Jericho end to-day. Most of

OF VERMONT. 317

those here assembled will find their review of life
limited by much less than half the century, but
others there are whose earl^^ recollections extend
time much farther gone than that. Of that num-
ber I am one, and I am glad to live over again in
memory-, for a day, my early life in Jericho, my un-
ion with this Church in those boyhood days, and
my pleasant hours spent as student in 3'our acad-
emy, concerning which Institution I was invited
to speak to-day.

So to live again in my earW home, with earh'
friends, and amid the sports and delights of boy-
hood days, is joy indeed, though lessened much by
the thought that most of the things that then
were, now are not.

In very early life Jericho was my home for two
or three years, and again, years intervening, I was
here a large share of the time for 3'ears in attend-
ance at the Academ3^ And as I think of those
bright days, I sympathize most fully with Holmes,
as he exclaims:

••0, for one hour of vouthful joy,

Give back mv twentieth Spring,
I'd rather laugh a bright haired bov.

Than reign a gray beard king."

But my recollections of the Academy go back of
my connection with it. I well remember its Prin-
cipal, Simeon Bicknell, who took charge of the
school in the spring of 1827, I think. I remember
him as my first teacher in Vermont, in a district
school in that part of Jericho vulgarh^ called Bear-
town. The next spring after that he became Prin-
cipal of the Academy, and remained so about five
vears.

318 EARLY HISTORY

Air. Bicknell was a ^^ood man, a line scholar,
an excellent teacher, a Christian gentleman. So
said the people, so said his pupils, and his praise
was no less upon their tongues in after years than
then. Under his administration Jericho Academ}'
stood first, or among the first schools of the State,
of its kind.

Scholars came in large numbers from far and
near, many of whom stood high as students and
afterwards attained eminence as men in the differ-
ent pursuits of life, or as women in the noble
works of her sex.

Those were the days of glorv for the Academy
and for the town of Jericho. Nor did that glor}^
though dimmed, fade entirely upon the departure
of Mr. Bicknell. For several years the School
flourished and prospered greatlv in the hands of
others.

I do not know the name of the immediate suc-
cessor of Mr. Bicknell, but am sure that Eleazer J.
Marsh soon followed him as principal, and that
he remained a 3^ear or two. Mr. Marsh was my
first teacher in the Academ3\ and to him I ow^e
much of the delight I have since found in stud}',
and for whatever success, little though it be, I
have had in mv life work. He was a noble man
and a good teacher, respected and beloved by his
pupils. Under his instruction I learned to read
most of all, and I have since acted in accordance
with m3' view, that when one has learned to read,
he may further educate himself, if he will.

John Bo^-nton, mv second teacher, succeeded
Mr. Marsh. He was the superior of Mr. Marsh

OF VERMONT. 319

in some respects, and inferior in none. Under him
the Academy' flourished. The people approved and
his pupils rejoiced in his instruction and his coun-
sel. He was a brilliant genial, kind hearted, man-
ly man. He was courteous to all, but especiallv
kind in manner to the poor and ignorant as shown
in his daih' intercourse with the people. He des-
pised empty show and vain pretense, but honored
solid worth whether in rich or humble garb. Dear,
good man, long since he passed from earth away
to rest, I trust in the presence of the God to whom
with his pupils he offered his morning prayer.

My third and last teacher at the Academy-, was
James T. Foster, a kind, pleasant man, and agood
teacher, though hardly the equal of either Air.
Boynton, or Mr. Alarsh.

After him there was but little of permanence in
instruction at the Academy, and the interest of
former da^^s began to decline. There were many
teachers, one after another, for several 3'ears, but
no special success attended the administration of
a 113-.

I was here during the summer of 1839, while a
Rev. Mr. Kingsbur_v was principal of the school.
He was a good man, no doubt, and I presume was
competent to instruct, but he had no power to
control. Simph' an apolog\' for a teacher, he
ought to have apologized to all concerned for en-
gaging as such, as ought every one who is in the
position of a teacher and yet has no power of dis-
cipline, no vim.

To lack of this, in most of those engaged as
teachers in subsequent 3'ears, (though other things

820 EARLY HISTORY

tended the same wa}^) Avas due the steady de-
cline of interest and prosperity in Jericho Acad-
emy. So positive was that decline that the re-
turn of Mr. Bicknell, the first able Principal, failed
to restore its ancient fame. Though he was still
the same able and efficient teacher and in a mea-
sure successful, the decline continued, after his
short stay, and death followed.

The building still remains but its halls echo not
the steps of the student as once the3' did. Humble
in its origin, never pretentious, and now plain in
appearance as at first, but for those educated
therein, it stands a reminder of pleasant hours,
months, and 3'ears of jo3'OUS student life.

Incidents in m}- earh^ life here, and especially of
m\^ school, so throng upon m\^ memorv that I can
not dismiss them all, without a word of jo^'ous
remembrance or of sad recollection. M\^ remem-
brance of those days is very fresh and clear.

To the days of m\' school life here I refer
now with special interest. It was on this wise: it
was m^^ fortune to be the son of a poor man;
upon m\' importunit}', he said to me, 3^ou may
have your time and attend school, if \^ou wish,
having 3'our home here whenever 3'ou desire it, but
you must pa3' 3'our own bills at school.

I was soon on my wa3' here, rejoicing in the
privilege given me. On m3^ wa3', as I was just
starting out in life for m3'self, I thought it well to
take an inventor3' of stock. Doing so, I found a
decent suit of clothes, books sufficient for present
need, and down deep in my pocket m3' cash depo-
sit, 25 cents, an old American quarter. That was

OF VERMONT. 321

my outfit. How I was to succeed I did not know,
but I had faith and hope. I had already learned
that this Jericho was not the place for one to fall
amonf^ thieves, but I knew that I must find a
good Samaritan to take me in, and I found him in
the person of Mr. Nathaniel Blackman, who said
he would board me for one dollar per week, and I
might pay him w^hen I could. And I found another
in the Preceptor of the Acadeni}-, who also took
me in on trust. The 3'ear was one of great pros-
perity for me. Considerable progress was made
in study; the winter v/as spent in teaching; in the
spring my bills w^eie all paid; and I had 300 per
cent on my cash deposit, so that I then had a full
round dollar, and that I paid for a second hand
Latin Dictionary-; and then, pennyless, I again
went on my way rejoicing. Nor was I alone in
the struggle with poverty. Others there were reli-
ant alone upon themselves. Among these I remem-
ber Paraclet Sheldon, who became an eminent
teacher; Charles C. Parker, afterwards an able and
successful minister of the gospel, and Burr Ala^m-
ard now an eminent lawyer in Detroit. Others of
this class were successful in the struggle, and
among them a very dear class mate, Lester War-
ren, now an able and respected clergyman. There
were noble ladies in this class who struggled hard
for victory and gained it. But by far the larger
number of students had help in their course, and
by their scholarly attainments and virtuous ac-
tion the\^ well repaid parental care and friendlv
aid. Mr. Chairman, there were scholars in the
days of that Academy-, made so by hard study.

•J9

322 EARLY HISTORY

How their names stand out in memory. George
Lee Lyman, George and James Blackman, Lucius
and Edgar Lane, Emerson Chapin, George Bliss;
and Irom away, were John A. Kasson and Luke
P. Poland, men of national reputation, and dearer
still do I remember as school mates, Whipple Earl
and Torrey E. Wales. Nor are the ladies forgot-
ten, Lucinda Bartlett, Irene Blackman, Hannah
Richardson, Marcia Howe, Valencia and Minerva
Lane, Esther G. Smith and man3' more of whom I
can not speak now, live in memory with 3'ou as
well as me. There was not a dishonored name
among all I have mentioned or with whom I ^vas
associated in the school, so far as I know.

But, ah me! Where are the glad, joyous, hopeful
and happ\' ones that thronged the Academy in
those well remembered da3's ? Silence would re-
spond to the roll call of most of their names. But
verA' few live in this vicinit^^ Some are far away.
3'et useful and happ^^ I trust, but most oi them
live only in the memor\^ of the few who survive.
The noble men and women who lived in these
homes, fift\', sixt\^ seventy' \'ears ago, now rest
3'onder in their silent, windowless places of rest.
The support of school and of the church, nobh-
borne bA^ them, now^ rests upon their children who
are themselves fast becoming old men and women.
MaA' this support so essential to the prosperitv,
happiness and eternal welfare of the people, never
fail the good old town of Jericho.

Jericho Acadenu', like man\' others, stands to-
daA' silent and alone, but those prepared therein
for College, for teaching, for business, or for stud}-

OF VERMONT. 323

of the professions, can never look upon it but with
reverence and gratitude for the good there received,
and will never think of it but with pride in its
ancient fame, and sorrow for its present desola-
tion."

The old Brick Church at Jericho Corners, which
has been so handsomely repaired and furnished,
and rededicated to the service of God, has been sub-
ject to many changes and has quite a history. The
house w^as built in 1824 and 1825, on the land of
Dr. George Howe, by an organized association
called the "Brick Meeting House Societ3' of Jeri-
cho," under an "act of the Legislature for the sup-
port of the Gospel," passed October 26th, 1798;
that said Howe b\' deed conveyed said house and
the green or common on w^hich it stands to Oliver
Lowry, Luther Prouty and Wm. A. Prentiss, April
3d, 1834, in trust to be used for religious worship,
w4th a condition that it should revert to said Dr.
Howe and his heirs if the owners and proprietors
of the house should neglect to occupy the same for
the purpose for which it was granted. Dr. Howe
died in 1857, testate, leaving his property to his
wife, who survived him. The Second Congrega-
tional and Baptist churches occupied the house for
public worship each on alternate Sabbaths from
1826 down to 1858. In 1858 the Baptist church
and societ\^ built a house of their own and aban-
doned the "Old Brick Church." The Second Con-
gregational church at that time w^as w^eak, but
the}^ continued to occupy the house for religious
worship till 1865, when, by reason of their inabil-
ity' to support preaching, it w^as voted to suspend

324 EARLY HISTORY

meetings, and no meetings were afterwards held in
it. Xo eare was taken ot the house by anybody
and the windows were soon all broken out and it
appeared as though it was trulv forsaken, and
most of the people thought the conditions of the
deed had not been kept and that it had reverted to
the widow of Dr. Howe. At that time the village
was in need of a school house, and, as the walls of
the Old Brick Church were sound, the school dis-
trict took measures to acquire a deed of Mrs.
Howe of the Old Brick Church and common, to be
used for school purposes, and appointed a commit-
tee to remove the pews from the house and fit it
up for a school house — which work the committee
proceeded to do. But before they had proceeded
far in their work, those who were opposed to con-
verting the church into a school house, and believ-
ed that the Second Cono^res^ational church had not
abandoned the house but merelv suspended reli-
gious meetings for the time being, brought their
bill in Chancer\^ against the school district and its
committee, enjoining them from converting the
building into a school house, .-\fter a long litiga-
tion the Supreme Court decided that the house had
noi reverted, and said that "it could not be as-
sumed but that a time of strength and prosperit3^
will follow their time of weakness." And timehas
shown the wisdom and correctness of their decis-
ion. After the title of the property had been thus
settled, one of the original owners of a pew^
brought suit against the school district committee
to recover the value of his pew, and after another
long litigation the Supreme Court decided that in-

OF VERMONT. 325

asmuch as the owner of a pew is only entitled to
the right of" sitting, and the house was in no con-
dition to be occupied for religions services, his re-
covery- must be limited to one cent damages and
one cent costs. The title having become settled
by these suits, the house stood in the midst of the
beautiful village an unsightlv object and a disgrace
to the people, till November, A. D. 1876.

In 1874 and 1875, the state of things which the
Supreme court thought might come to pass in re-
spect to the condition of the church, was realized.
The Second Congregational church in 1874, was
reorganized and quite a large number have been
added. In the 3'ear 1876 the church felt as though
the\' must have a house of their own in w^hich to
worship, and during that year the church, with
those who felt an interest in the "Old Brick
Church" and common, at the expense of three
thousand dollars made it a beautiful edifice. The
audience and vestry rooms were tastih^ finished
and furnished. This house was rededicated by the
Second Congregational church on the 19th of De-
cember, 1877, M. H. Buckham, President of the
Vermont University, preached the re-dedication ser-
mon from the text found in Acts II. 42, and the
dedicator3' pra^'er w^as made b^- Rev. Edwin
Wheelock, of Cambridge."

The histor^^ of the litigation referred to may be
found in two reported cases; viz, Howe and others
vs. School District No 3 in Jericho, 43 Vt. Law
Reports on Page 282; and Howe vs. Stevens and
others 46 Yt. on Page 262.

In the 3'ear 1894 or 1895, the writer prepared

326 EARLY HISTORY

for the i:)rcss, and tliere was published in the Chit-
tenden Reporter, a paper printed at Jericho, the
following: Viz,

The town of Jericho was created b3^ grant from
Benning Wentworth, Gov. of New Hampshire, its
charter being dated June 7, 1763. The tow^nship
then consisted of 23,040 acres, but in 1794 about
5,000 acres was taken by an act of the Legislature
to form, in part, the town of Richmond.

Most of the land of the towm is w^ell adapted to
agricultural purposes. There are no sw^amps creat-
ing miasma to render the town an unhealth^^ place
in which to live. Proverbially it has been a
health\' town in which to reside. Like most rural
districts of Vermont, it has suffered in consequence
of some of its enterprising citizens emigrating to
the West, and many removing to the larger centers
of population. Such changes have been our loss,
but a gain to the communities to which thej^ re-
moved.

But it is in reference to its present prosperity
and the advantages that all new^ comers will reap
by becommg its actual residents, that I w^ish to
speak. In the j^ear 1874, the town bonded to the
amount of $24,000 in aid of the construction of
the B. & L. Railroad. The last of these bonds
were paid the present 3'ear, and the town is nearly
free from debt. Our railroad accommodations are
now first-class. The people in the north-easterW
part of the town are accommodated Ida- the Under-
hill depot, which is within ten rods of the line of
the town; the south part of the town is accommo-
dated by the depot at Richmond; the south-w^ester-

OF VERMONT. 327

\y part by the depot at North Williston, and the
people of the whole town as well as the people of
West Bolton and the eastern part of Essex, are
well accommodated b3^ the depot at Jericho.

There are more than 75 dairies in the town,
ranging from 6 to 50 cows each, and more than
25 dairies of more than 15 cows each. There are
four creameries in different parts of the town.
There are three postoffices in town, located at
Nashville, Jericho Center, and Jericho. There are
three villages. The village of Underhill Flatts, (so
called) the larger part of which being in Jericho, is
a prosperous village. On the Jericho side of the
line are four stores, a steam saw mill, a tin shop,
two phvsicians, and an Episcopal and a Methodist
church. The village at the Center has two stores,
a blacksmith shop, and a Congregational church,
in front of which is a handsome green park with
shade trees.

The village of Jericho, sometimes called Jericho
Corners, is the principal village of the town, sit-
uated on Brown's River, on w^hich there are sev-
eral good mill privileges, some of which are im-
proved and others w^here manufacturing industries
might be greath^ extended. At this village there are
now two stores, three blacksmith shops, one har-
ness shop, a paint shop, two house painters, a car-
riage painter, a lawyer and two physicians, one of
the best grist mills in New England, where flour is
manufactured by the roller process, a pump manu-
factory, a saw mill, a manufactory for butter and
cheese boxes, a manufacture' for all sorts of
wooden ware, a large tin shop, two millinery

328 EARLY HISTORY

shops ami a good hotel. There are also two
weekly papers printed here, and offices where a
large amount of press work is done. The village
has first-class schools, run under the town system.
Prof. J. S. Cille\' resides here, who fits students to
enter college. The village is pleasantly located,
the streets are handsome, the buildings and resi-
dences are kej^t in good repair. There are three
churches— Congregational, Baptist, and Aleth-
odist— and a school house hall that can be used for
meetings and entertainments. The gospel is dis-
pensed here Iw ministers of four different beliefs.
Congregational, Baptist, Methodist, and Epis-
copalian. There is a Good Templar's organisa-
tion, a Literary and Scientific Club that meets
once in two weeks, and a Lecture Course has been
provided for. With such facilities, time here will
be pleasantly and profitably spent.

As a place of residence or for those who desire
to engage in agriculture or manufacturing in-
dustries, Jericho is an inviting place. Its excellent
farming lands, pleasant villages, good schools,
pleasant surroundings, low taxes, its undeveloped
water power that can be utilized for manufactur-
ing purposes, and the fact that it is easv of access
by railroad, furnishes great inducement for ener-
getic people to come hither.

Many prominent and professional men have
practised and resided in the town of Jericho,
among whom were Jacob Alaeck an able lawyer,
the Honorable David A. Smally, who was not only
a prominent law3^er and an eloquent advocate, but
became Judge of the District Court of the United

OF VERMONT. 329

States for the District of Vermont, which office he
held for man\' 3'ears. Hon. Asahel Peck, who was
Judge of the Supreme Court of Vermont, was also
a resident of Jericho w^hen he afterward held the
office of Governor of Vermont. It would be along
list of names to mention all of the men andw^omen
w^ho have been citizens of Jericho, who have been
successful in business life and in teaching, and
prominent in the professions and as statesmen.
Many left their native State and became useful
citizens in some other of the United States and the
w^orld, to make a name for themselves and to bless
mankind.

GHflPm XVII.

MEMBERS OF THE WINDSOR CONVENTION,

COUNCIL OF SAFETY, GOVERNORS

AND SENATORS.

Members of the Windsor Convention, Council
of Safety, Governors and Senators.

The members of the adjourned session of the
Windsor Convention, convened at Windsor June
4th, 1777, (at which the name of the State was
changed from New Connecticut to Vermont, and
at which it was resolved to form a Constitution
for the State) were as follows: Viz. —
Capt. Joseph Bowker, Nathan Clark, Esq.,

Pres. Mr. John Burnham, Jun.
Mr. Simeon Hathaway, Major Jeremiah Clark,
Dr. Jonas Fay, Secretary, Capt. Ebenezer Willough-
Mr. Gideon Olin, by.

Mr. Abel Benedict, Mr. Joseph Bradley,

Mr. Eli Brownson, Mr. Martin Powell,

Mr. Thomas Bull, Mr. Cephas Kent,

Mr. Moses Robinson, 2d, Dr. Gaius Smith,
Captain William Fitch, Capt. Jonathan Willard,
Mr. Caleb Smith, Capt. Zebediah Dewe3\

Air. Jesse Churchill, Capt. William Gage,

Capt. Ebenezer Allen, Benjamin Spencer, Esq.
Mr. Whitefield Foot, Mr. Joseph Smith,
Mr. Stephen Place, Mr. John Sutherland,

(330)

OF VERMONT.

331

Capt. Jonathan Fasset,
Mr. Gamaliel Painter,
Capt. Ira Allen,
Air. William Mellen,
Col. Benjamin Carpenter,
Mr. Israel Smith,
Mr. Dennis Lockland,
Mr. Joshua Webb,
Mr. Jabez Sargeant,
Capt. W^illiam UtW,
Capt. W^illiam Curtis,
Capt. William Gallop,
Mr. Stephen Tilden,
Mr. John Throop,
Mr. Asa Whitcomb,
Col. Peter Olcott,
Mr. Jacob Burton,
Mr. Daniel Gilbert,
Mr. Frederic Smith,
Dr. Bildad Andrus,
Mr. John G. D. Bailey,
Mr. Amaziah Wood-
worth,

Capt. Josiah Powers,
Capt. Henian Allen,
Col. Thomas Chittenden,
Dr. WiUiam Hill,
Capt. John Barney,
Mr. John Dyer,
Nathaniel Robinson, Esq.
Dr. Reuben Jones,
Capt. John"^Coffein,
Mr. Ebenezer Hoisington,
Major Joel Matthews,
Mr. Benjamin Emmons,
Col. Joseph Alarsh,
John W\ Dana, Esq.,
Mr. Asa Chandler,
Alajor Thomas More-
dock,
Joel Marsh, Esq.,
Air. Abner Chamberlin,
Air. Amos Woodworth,
Air. Benjamin Baldwin,
Capt. Robert Johnson,
Capt. Jeremiah Powers.

MEMBERS OF THE COUNCIL OF SAFETY.

The persons who composed the original Council
of Safety' of 1778 under the Constitution were: Viz,

1. Thomas Chittenden, Governor.

2. Ira Allen, State Treasurer and Councillor.

3. Nathan Clark, Speaker of the General As-

sembly.

4. Joseph Fay, Secretar\' of the Gov. and Coun-

cil. "

332

EAKLV HISTORY

5. Jonas Fay,

n. Jeremiah Clark,

7. Benjamin Carpenter,

8. Paul Spooner,

9. Jacob Ba\'le3',

10. Moses Robinson,

11. Hem an Allen,

12. Matthew Lvon, Dep. Sec' V of Gov. and Coun-

cil.

GOVERXORS OF VERMONT WITH THEIR TERMS OF
SERVICE, FROM 1778 TO 1898.

Names of Governors.

Thomas Chittenden,
Moses Robinson,
Thomas Chittenden,'
Paul Brigham,'-
Isaac Tichenor,
Israel Smith,
Isaac Tichenor,
Jonas Galusha,
Martin Chittenden,
Jonas Galusha,
Richard Skinner,
Cornelius P. Van Xess,
Ezra Butler,
Samuel C. Crafts,
William A. Palmer,
Silas H. Jennison,-^

Charles Paine,
John Mattocks
William Slade,

Commencement of Expiration of
Service. Service.

Feb. 1778, Oct. 1789.

Oct. 1789,

" 1790.

" 1790,

" 1797.

Auo^. 1797,

" 1797.

Oct. 1797,

" 1807.

" 1807,

" 1808.

Oct. 1808,

'' 1809.

" 1809,

" 1813.

'' 1813,

" 1815.

" 1815,

' 1820.

' 1820,

' 1823.

" 1823,

' 1826.

" 1826,

' 1828.

' 1828,

' 1831.

' 1831,

' 1835.

' 1835,

' 1836.

' 1836,

' 1841.

' 1841,

' 1843.

' 1843,

' 1844.

' 1844,

' 1846.

OF VERMONT.

333

Horace Eaton,
Carlos Coolidge,
Charles K. Williams,
Erastus Fairbanks,
John S. Robinson,
Stephen Royce,
Ryland Fletcher,
Hiland Hall,
Erastus Fairbanks,
Frederick Holbrook,
J. Gregor\^ Smith,
Paul Dillingham,
John B. Page,
Peter T. Washburn,^
George W. Hendee,-^
John W. Stewart,
Julius Converse,
Asahel Peck,
Horace Fairbanks
Redfield Proctor,
Roswell Farnham,
John L. Barstow,
Samuel E. Pingree,
E. J. Ormsbee,
William P. Dillingham,
Carroll S. Page,
Levi K. Fuller,
Urban A. Woodbury,
Josiah Grout,
Edward C. Smith,

Oct

. 1846,

Oct. 1848.

i i

1848,

" 1850.

a

1850,

'• 1852.

a

1852,

*' 1853.

n

1853,

" 1854.

i t

1854,

" 1856.

( t

1856,

" 1858.

t k

1858,

" 1860.

k i

1860,

" 1861.

i k

1861,

'' 1863.

4 i

1863,

" 1865.

i k

1865,

" 1867,

ii

1867,

" 1869.

k (

1869,

'' 1870.

k k

1870,

" 1870.

k k

1870,

" 1872.

u

1872,

" 1874.

k k

1874,

" 1876.

k k

1876,

'' 1878.

k i

1878,

" 1880.

k k

1880,

" 1882.

k k

1882,

" 1884.

k (

1884,

" 1886.

k i

1886,

'' 1888.

k k

1888,

" 1890.

"

1890,

" 1892.

k k

1892,

" 1894.

k k

1894,

'' 1896.

k k

1896,

" 1898.

"

1898,

" 1900.

Thomas Chittenden died in olRce August 25th, 1797.
Paul Brigham, Lieutenant-Governor and Governor

from August 25th 1797 to October 16, 1797.
Silas II. Jennison, Lieutenant-Governor, and Governor

by reason of no election by the people.
Peter T. Washburn died in office February 7th, 1S70.
George W. Hendee, Lieutenant-Governor, was Gov-
ernor from February 7th, 1S70, to October, 1S70, by
reason of the death of Governor Peter T. Washburn.

334

EARLY HISTORY

UNITED STATES SENATORS EROM YERMONT, SHOW-
ING THEIR TERM OF OFFICE.

Elections took ]3lace in October.
Moses Robinson, 1791-

Isaac Tichenor, for the unexpired term

of Moses Robinson resigned, 1796-

Xathaniel Chipman, 1797

Israel Smith, 1803

Jona. Robinson, for the unexpired term

of Isaac Smith resigned, 1807

Jona. Robinson, for six years, 1809

Isaac Tichenor, 1815

Horatio ScYmour, 1821

Stephen R. BradlcA',
Elijah Paine,

Stephen R. Bradley, for the unexpired
term of Elijah Paine resigned,

Stephen R. Bradly, for six years,

Dudle\' Chase,

James Fisk, for the unexpired term of
Dudley Chase resigned.

1791-
1795-
1801-

1801-
1807-
1813-

1796.

-1797
1803.
■1807.

■1809.
■1815.
-1821.
-1833.

-1795.
-1801.
-1801.

-1807.
-1813.
-1817.

1817-1818.

\Vm. A. Palmer, for the unexpired term

of James Fisk resigned, 1818-

\Vm. A. Palmer, for six years. 1819

Dudley Chase, from 1825-

Horatio Seymour, " 1821-

Samuel Prentiss, " 1831-

Benjamin S\Yift, " 1833-

Samuel S. Phelps, '' 1839-

Samuel C. Crafts, " 1842-

■1819.
■1825.
■1831.
■1833.
-1842.
-1839.
-1851.
-1843.

OF VERMONT.

335

William Upham,
Solomon Foot,
Samuel S. Phelps,
Lawrence Brainerd,
Jacob Collamer,
Luke P. Poland, '
George F. Edmunds, ^
Justin S. Morrill, ^
Redfield Proctor,
Jonathan Ross, ^

1843

1851

1853

1854

1855

1865

1866

1867

1891-

1899-

1853.
1866.
1854.
1855.
1865.
1867.
1891.
1898.

Luke P. Poland was appointed by the Governoi to fill the vacancy
occasioned by the decease of Jacob Collamer.

George F. Edmunds was appointed by the Governor to fill the va-
cancy occasioned by the death of Solomon Foot.

Jonathan Ross was appointed by the Governor to fill the vacancy
occasioned by the death of Justin S. Morrill, who died Dec.
1898. Jonathan Ross received his appointment Jan. 11th 1899.

CHAPTER XYIII.

LIST OF jL'DGES OF THE SUPKF:ME COURT FROM

THE YEAR 1778, TO THE YEAR 1899, AND

SHOWING THEIR TERM OF OFFICE.

The Judges of the Supreme Court were elected
annually by the Legislature in joint Assembh',
that commenced its session in October, and their
term of service commenced as soon as theN' were
elected until the Statute provided that their term
of service should commence the 1st of Decem-
ber following their election. In the year 1870 the
biennial system of elections was adopted, and from
that time their term of office continued two years.
It will be understood that the names given were
assistant judges, except those w^ho are designated
as Chief Judge. And all of the Judges are ex-
officio Chancellors of the Court of Chancery.

From the year 1857, to 1870, the full bench con-
sisted of a Chief Judge and five Assistant Judges,
and after the year 1870, the full bench consisted of
a Chief Judge and six Assistant Judges.

When vacancies occur by death, resignation or
otherwise the\' may be filled by appointment by
the Governor. Until the year 1849, the Judges of
the Supreme Court were also the Chief Judges of
the County Court, but in the year 1849, the sys-
tem was changed and three Judges were elected

(336)

OF VERMONT. o37

aniuuiDy that constitnted the lull bench in the
Supreme Court, and whose duties were confined to
that Court; and another set of Judges were elected
annualh', to serve as Chief Judges in the County
Courts of the State, and their duties were confined
to that Court. This system for both the Supreme
and County Courts was continued till the year
1857, when the State returned to the present sys-
tem, where all of the Chief Judges of the County
Courts are also Judges of the Supreme Court.

During the time the Judges of the Supreme
Court consisted of three Judges, who were relieved
from the duty of holding County Courts, the
Counties of the State were divided into four Judi-
cial Circuits. The first Circuit consisted of Ben-
nington, Rutland and Addison Counties: — the
second, Windham, Windsor and Orange Counties: —
the third, Chittenden, Franklin, Lamoille and
Grand Isle Counties: — the fourth, Washington,
Caledonia, Orleans and Essex Counties. And each
Circuit had a Judge who was elected 133^ the Legis-
lature, and who was the Chief Judge of the County
Court in the several Counties composing his Cir-
cuit. The following were the Judges who were
elected and served as Chief Judges of the County
Courts in the four Circuits during the time that
that system continued, although all of them were
not in office at the same time: Viz, Robert Pier-
point, Jacob Collamer, Asahel Peck, Luke P.
Poland, Abel Underwood, John Pierpoint, James
Barrett, A. O. Aldis, Alilo L. Bennett and Wm. C.
Kittredge.

All the Judges of the Supreme Court, except the

30

338

KAKLY HISTOKY

Chief Judire, are denominated Assistant Judges, as
1st, 2nd, 3d, 4.th, oth, and Gth, as the number
might be, and take their position in the order in
which their names appear, respectivel}^ in the list
of Judges. The occasion of vacancies that occured
from time to time, and appointments made by the
Governor to fill vacancies are stated in notes at
the end of the list. By the act of Legislature of
1870, the official term of service of the Judges com-
menced December 1st, following their election.

It has been the practice, that when a vacancy
occurs in the list of Judges, to promote those who
stand below the place made vacant and let the
new appointee grace the lowest position.

Elected Oct., 1778,— October, 1779,—
Moses Robinson, Ch. J. Moses Robinson, Ch. J.

John Shepardson,
John Fassett, Jun.
Thomas Chandler,
John Throop.

October, 1780,—
Moses Robinson, Ch. J.
Paul Spooner,
John Fassett, Jun.,
Increase Moseley,
John Throop.

From Feb. to Oct.
1782,^
Moses Robinson, Ch. J.
Paul Spooner,
John Fassette, Jr.,
John Throop,
Jonas Fay.

John Shepardson,
John Fassett, Jun.,
John Throop,
Paul Spooner.

Oct., 1781toFeb., 1782.
Elisha Payne, Ch. J.
Paul Spooner,
John Fassett Jun.,
Simeon Olcott,*
Jonas Fay.

OF VERMONT.

339

October, 1782 —
Moses Robinson, Ch. J.
Paul Spooner,
Jonas Fa}',
John Fasset, Jun.
Peter Olcott.

October, 1784,—
Paul Spooner, Ch. J.
John Fasset,
Nathaniel Niles,
Thomas Porter,
Peter Olcott.

October, 1786,—
Moses Robinson, Ch. J.
Paul Spooner,
Nathaniel Niles,
Nathaniel Chipman,
Luke Knowlton.

October, 1788,—
Moses Robinson, Ch. J.
Paul Spooner,
Stephen R. Bradley.

Oct. 1791, 1792
and 1793,—
Samuel Knight, Ch. J.
Elijah Paine,
Isaac Tichenor.

October, 1783,—
Moses Robinson, Ch. J.
Paul Spooner,
John Fassett,
Peter Olcott,
Thomas Porter.

October, 1785,—
Moses Robinson, Ch. J.
Paul Spooner,
Nathaniel Niles,
John Fassett,
Thomas Porter.

October, 1787,—
Moses Robinson, Ch. J
Nathaniel Niles,
Paul Spooner.

Oct., 1789 and 1790,-
Nathaniel Chipman Ch. J.
Noah Smith,
Samuel Knight.

Oct., 1794 and 1795,—
Isaac Tichenor, Ch. J.
Lot Hall,
Enoch Woodbridge.

October, 1796,— October, 1797,—

Nathaniel Chipman Ch.J. Israel Smith, Ch.J.
Lot Hall, Enoch Woodbridge,

Lot Hall.

Enoch Woodbridge.

:}4()

i:ak'LV iiistok'v

Oct., 171)8, IT'Jl)
and 1800.
l-^nocli \V<)()(ll)ri(lL;c, Cli.J
Lot Hall,
Xoah Smith.

Oct., ISOa, 1804,
1805 and ISOG,—
Jonathan Robinson Ch.J
Royal Tyler,
Thco])hilus Harrington.

Oct., 1809, 1810,
1811 and 1812,—
Royal Tyler, Ch.J.
Thcophilus Harrington,
David Fay,

October, 1815,—
Asa Aldis, Ch.J.
Richard Skinner,
James Fisk.

Oct., 1817, 1818,
1819 and 1820,—
Dudley Chase, Ch.J.
Joel Doolittle,
William Bray ton.

October, 1822,—
C. P. Van Ness, Ch. J.
Joel Doolittle,
Charles. K. Williams.

Oct. 1824,—
Richard Skinner. Ch. J.
Joel Doolittle,
Asa Aikens.

Oct., ISOI and 1802,-
Jonathan Robinson Ch.J.
, Royal Tyler,
Stephen Jacob

Oct., :1807 and 1808,—
Royal Tyler, Ch.J.
Thcophilus Harrington,
Jonas Galusha.

Oct., 1818 and 1814,—
Nathaniel ChipmanCh.J.
Daniel I'arrand,
Jonathan H. Hubbard.

October, 1816,—
Richard Skinner, Ch. J.
James Fisk,
William A. Palmer.

October, 1821,—
C. P. Van Ness, Ch.J.
Joel Doolittle,
William Bray ton.

Oct., 1823,—
Richard Skinner, Ch.J.
Charles K. Williams,
Asa Aikens.

OF VERMONT.

341

The last list of Judf^res were elected October
1824, and their term ended October, 1825.

The list of Vermont State Judges that have
served the State since the year, 1825, with the ex-
piration of their terms of service respectively are
given below. The elections took place in October
previous to the 3'ears hereafter named : Viz,

1826 and 1827,—

Richard Skinner, Ch. J.
Samuel Prentiss,
Titus Hutchinson,
Stephen Royce, Jr.

1829,—
Richard Skinner, Ch. J.
Samuel Prentiss,
Titus Hutchinson,
Bates Turner,
Ephraim Paddock.

1828,—
Richard Skinner, Ch. J.
Samuel Prentiss,
Titus Hutchinson,
Bates Turner.

1830,-

Samuel Prentiss, Ch. J.
Titus Hutchinson,
Charles K. Williams,
Stephen Royce, Jun.,
Ephraim Paddock.

1831,— 1832 and 1833,—

Titus Hutchinson, Ch. J. Titus Hutchinson, Ch. J.
Charles K, Williams, Charles K. Williams,

Stephen Ro^xe, Jr.,
Ephraim Paddock,
John C. Thompson.^

1834 and 1835,—

Charles K. WilHams Ch. J.
Stephen Ro3'ce,

Samuel S. Phelps,

Jacob Collamer,

John Alattocks.

Stephen Royce, Jr.,
Nicholas Baylies,
Samuel S. Phelps.

:h2

EARLY HISTORY

1836, 1837 and,
1838,—
Charles K. Williams,

Ch.J.
Stc])licn Roycc,
Sanincl S. Phelps,
Jacob Collamer,
Isaac F. Rcdficld.

1843,1844and 1845,-

Charles K. Williams,

Ch.J.
Stephen Ro^-ce,

Isaac F. Redfield,

Milo L. Bennett,

William Hibbard.

1847 and 1848,—
Stephen Royce, Ch. J.
Isaac F. Redfield,
Milo L. Bennett,
Daniel Kellogg,
Hiland Hall,
Charles Davis.

1851,—
Stephen Royce, Ch. J.
Isaac F. Redfield,
Daniel Kellogg.

1853,1854,1855,
1856 and 1857,—
Isaac F. Redfield, Ch.J.
Pierpoint Isham,
Milo L. Bennett.

1839, 1840 1841

and 1842.
Charles K. Williams,

Ch.J.
Ste])hen Royce,
Jacob Collamer,
Isaac F. Redfield,
Milo L. Bennett.

- 1846,—

Charles K. Williams,

Ch.J.
Stephen Ro3'ce,

Isaac F. Redfield,

Milo L. Bennett,

Daniel Kellogg.

1849 and 1850,—
Stephen Royce, Ch. J.
Isaac F. Redfield,
Milo L. Bennett,
Daniel Kellogg,
Hiland Hall,
Luke P. Poland.

1852,—
Stephen Ro3xe, Ch. J.
Isaac F. Redfield,
Pierpoint Isham.

1858 and 1859,—
Isaac F. Redfield, Ch.J
Milo L. Bennett,
Luke P. Poland,
Asa O. Aldis,
John Pierpoint,
James Barrett.

OF VERMONT.

343

I860 —
Isaac F. Redfiekl, Ch.J.
Luke P. Poland,
Asa O. Aldis,
John Pierpoint,
James Barrett,
Loyal C. Kellogg.

1866 and 1867,—
John Pierpoint, Ch. J.
James Barrett,
Lo3^al C. Kellogg,
Asahel Peck,
WiUiam C. Wilson,

Benjamin H. Steele. ^

1870,—
John Pierpoint, Ch. J.
James Barrett,
Asahel Peck,
WilHam C. Wilson,
Benjamin H. Steele,
Hoyt H. Wheeler.

1872, 1873, and
1874,
John Pierpoint, Ch. J.
James Barrett,
Asahel Peck, *
Hoyt H. Wheeler,
Homer E. Royce,
Timothy P. Redfield,
Jonathan Ross.

1861, 1862,1863,1864
and 1865,—
Luke P. Poland, Ch. J. -
Asa O. Aldis,
John Pierpoint,
James Barrett,
Loyal C. Kellogg,
Asahel Peck.

1868 and 1869,—
John Pierpoint, Ch. J.
James Barrett,
Asahel Peck,
Wilham C. Wilson,
Benjamin H. Steele,
John Prout.

1871,—
John Pierpoint, Ch. J,
James Barrett,
Asahel Peck,
Hoyt H. Wheeler,
Homer E. Royce,
Timothy P. Redfield,
Jonathan Ross.

1875 and 1876,—
John Pierpoint, Ch. J.
James Barrett,
Hoyt H. Wheeler,
Homer E. Ro^xe,
Timothy P. Redfield,
Jonathan Ross,
H. Henrv Powers.

, ,4-4-

KAKLV HISTORY

1S77-
jolni ricri)()Int, Cli. |.
James Harrctt,
Hoyt II. Wheeler, ^"^
Homer H. Royee,
Timothy V. Redlield,
Jonathan Ross,
H. Henr3^ Powers,
Walter C. Dnnton. «

1879,—
John Pierpoint, Ch. J.
James Barrett,
Homer E. Royce,
Timothy P. Redfiekl,
Jonathan Ross,
Walter C. Dunton, '
W^heeloek G. Veazey. ^

1881,—
John Pierpoint, Ch. J.
Homer E. Ro\'ee,
Timothy P. Redfiekl,
Jonathan Ross,
H. Henr^' Powers,
Wheeloek G. Vcazev,
Russell S. Taft.

1883 and 1884,—
Homer E. Rovee, Ch. J,
Timothy P. Redfiekl, • -
Jonathan Ross,
H. Henry Powers,
Wheeloek G. Veazey,
Russell S. Taft,
John W. Rowell.

1878,—
lohn Pierpoint, Ch. J.
James Barrett,
Homer E. Royee,
Timothy P. Redfiekl,
Jonathan Ross,
H. Henry Powers,
Walter C. Dunton.

1880,—
John Pierpoint, Ch. J.
lames Barrett,
Homer E. Royce,
Timothy P. Redfiekl,
Jonathan Ross,
H. Henry Powers,
Wheeloek G. Veazey.

1882,—
John Pierpoint, Ch. J. ^
Homer E. Royce, '"
Timothy P. Redfield,
Jonathan Ross,
H. Henry Powers,
Wheeloek G. Veazev,
Russell S. Taft,
John W. Rowell. "

1885,-
Homer E. Royce, Ch. J.
Jonathan Ross,
H. Henry Powers,
Wheeloek G. Veazev,
Russell S. Taft,
John W. Rowell,
William H. W^alker.

OF VERMONT.

345

1886 —
Homer E. Rovcc, Ch. J.
Jonathan Ross,
H. Henry Powers,
Wheelock G. Veazey,
Russell S. Taft,
John W. Rowell,
William H. Walker.

1888 and 1889,—
Homer E. Royce, Ch. J
Jonathan Ross,
H. Henry Powers,
Wheelock G. Yeaze\',
Russell S. Taft,
John W. Rowell,
James M. T^^ler.

1887,—
Homer E. Ro\^ce, Ch. J.
Jonathan Ross,
H. Henry Powers,
W^heelock G. Veazey,
Russell S. Taft,
John W. Rowell,
William H. Walker, ^^
James M. Tyler, ^^

1890,-
Homer E. Royce, Ch. J.
Jonathan Ross,
H. Henry Powers, ^^
Wheelock G. Veazey, ^^
Russell S. Taft,
John W. Rowell,
James M. Tyler,
Loveland Munson.

14

15

From Dec, 1st 1890, to Dec. 1st 1898 inclusive
the Judges of the Supreme Court were as follows:
Viz,

Jonathan Ross, Ch. J.
Russell Taft,
John W. Rowell,
James M. T\der,
Loveland Munson,
Henry R. Start.
Laforest H. Thompson.

The Judges after Dec, 1st 1898 were :
Jonathan Ross, Ch. J. ^^
Russell S. Taft, ^'
John W. Rowell,

31

34-6 EAKLV HISTORY

James M. Tyler.
Lovelaiul Miinson,
Laforest IL Thompson.
Henry R. Start,
JohnH. Watson. ^^

* Simeon Olcott resigiii J Feb. 13. 178 J an 1 Sam lel Fletcher was el-
ected bai decline J to accept, an i John Thioop was elected: and probably
Elisha Payne resif-Mied at the same time as his name does not appear as
Judge of the Court after Feb. 13, ITS,'.

The list of Judges for 178l-17(^J in Slade's State Papsrs is inaccurate.
See Governor and Coancil. Vol. II. pp. 116, 117.

a The change in the list of Judges in Feb . 1782. was owing to the dls-
solatioa of the eastern and western Unions at that time.

1. John C. Thompson deceased in June. 1H31.

2. Luke P. Poland held the position of Chief Judge till Dec. 1865.
when he resigned, and was appointed by the Governor United States

Senator.

3. .John Pierpoint was appointed Chief Judge Dec. 1st, 1865, to fill the
vacancy occasioned by the resignation of Luke P. Poland, and Benjamin
H. Steele was appointed Judge In Dec . 186.5 to fill the vacancy occasioned
by the resignation of Luke P. Poland. Ch. J. and the promotion of John
Pierpoint to the Chief Judgeship.

4. Asahel Peck resigned August 31st, 1871, anl was elected Governor
Sept. l.st of the same year.

5. Hoyt H. Wheeler resigned March 31st 1877, having been appointed
Judge of the District Court of the United States for the District of Ver-
mont.

6. Walter C. Dunton was appointed Judge April 13th. 1877. to fill the
vacancy occasioned by the resignation of Hovt H. Wheeler.

7. 'Walter C Dunton resigned October 27th, 1873.

8. Wheelock G. Vcazey was appointed Judge to fill the vacancy oc-
casioned by the resignation of Walter C. Dunton.

9. John Pierpoint, Chief Judge, died January 7th, 1F82.

10. Homer E. Koyce appointed Chief Judge January 10th, 1882, to fill
the v.icancy occasioned by the decease of John Pierpoint.

11. John W. Kowell was appointed Judge January 10th, 1882.

12. Timothy P. Redfield in 1SS4 declined re-election.

13. James .M. Tyler was appointed Judge Sept. 16th. 1887. to fill the va-
cancy caused by the resignation of William H. Walker.

11. Homer E. Royce Chief Judge and H. Henry Powers Judge declined
re-election at the end of their official year in 1890.

15. Loveland Munsou WIS appointei Judge to fill the vacancy caused
by the resignation of Wheelock G. Veazey.

16. Jonathan Ross Chief Judge resigned January 11th, 1899, and was ap-
pointed the same day. by the Governor, United States Senator for Ver-
mont.

17. Russell S. Taft was appointed by the Governor Chief Judge on Jan-
uary 19th, 1899, to till the vacancy occasioned by the resignation of Jona-
than R0.S.S, Chief Judge.

18. John H. Watson was appointed Juige by the Governor January
19Mi. 1899. to fill the vacancy occasioned by the resignation of Jonathan
Ross as Chief Judge and the promotion of Russell S. Taft to the Chief
Judge ■;hip and the promotion of the other Judges.

WIT AND HUMOR,

SELECTED.

HOW WITTY LAWYERS SCORE POINTS.

Judge Poland, of Vermont, was the last of the
Congressmen who dressed in the old Whig uniform
of "bufif and blue" — a buff A^est and a blue coat
with brass buttons, and a white neckerchief— such
as Daniel Webster used to wear when he addressed
the Senate or the Supremie Court.

The Judge, who was an excellent lawyer, was
once presiding at the trial of a long and intricate
case. With him sat two side-judges — the office in
those da3's w^as not infrequently occupied by men
who knew little and thought less. During the
trial one of them w^as heard whispering to a friend
"The Chief Justice agrees wnth me in my opinion
of the law in this case and \Yill charge the jur^- just
as I should." Judge Poland also heard the re-
mark, and smiled. Several v^ears before that he
not onl\' smiled but laughed heartih* at some re-
marks made b}' a brother law\'er.

He and Joshua Sawwer were opposing counsel
in a case of assault and battery. Sauwer had
drawn a prolix declaration in which the assault
appeared much worse than the witnesses repre-
sented it. Commenting on this difference, Poland
told the jury that the declaration reminded him of
an incident in his own practice.

"Years ago," said he, 'T began a; suit of this
character in favor ot Asa Barnard against Maj.
Hyde, who inflicted corporal punishment upon
my client for the trivial offense of telling him he
was a great liar. Barnard asserted that the Ma-
jor had struck him a blow on the head with a

(3471

34-8 HARLV HISTORY

heavy cane, and lie came to nie to obtain redress.
I framed a declaration in ten counts, setting forth
the beating, bruising, wounding and evil entreat-
ing with all the tautological nonsense I could
command. In the last count I recited that Bar-
nard's life was greatly despaired of.

"I read the declaration to my client in a voice
almost as sympathetic as that in which nn- broth-
er Sawyer read his declaration to you, gentlemen.
I noticed the tears were coursing down my client's
furrowed cheeks in rivulets. I asked him thecause
of his grief. With sobbing utterance he answered,
'I didn't know it was half so bad before.' "

Court and jury laughed at this humorous sug-
gestion that Sawyer's evidence did not sustain
Saw3'er's declaration, and many thought that
witty as he was he would be unable to turn the
laugh from him. He made a long speech, and as
he was about to close, said, as if Poland's humor-
ous remark had just occurred to him :

"Gentlemen, you appeared to be much delighted
when the learned counsel related an incident of his
own practice. I confess I was not amused. My
old friend Barnard has told me the storv man^^
iimes, but with this difference : He said he did weep
when Poland read a long paper to him ; but that
paper was not Poland's declaration, but his bill I"

The retort upset ever\'body. Even the grave
Judge laughed, and no one enjo3'ed the reply more
than Poland himself.

On the prosecution of a negro for stealing a dog
with a collar on, when a demurrer to the indict-
ment was sustained because it was not larceny to
steal a dog, the ])rosecution claimed that he also
stole the collar that was on the dog, but the de-
fense claimed that the negro took the dog only and
the dog took the collar. The prisoner was finall^^
discharged. 3 Cent. L. J. 554.

of vermont. 349

Justice Brewer's Estimate of Lawyers.

"While it is cheap wit for man^v to sa^v sneerino^
things of our profession, vet, if 3'ou strike from
Anglo-Saxon history the thoughts and deeds of
her lawyers you rob it of more than half its glor_v.
Blot from American society- to-da\' the lawyer with
all the work that he does and all the power that
he exerts, and 3^ou leave society as dry and shifting
as the sands that sweep over Sahara. For the
m\'stic force that binds our civilization together
and makes possible its successes and glories in the
law, and the\^ who minister at its shrine and keep
alive its sacred fires, are 3'ou and I and that vast
multitude of our co-workers who boast no higher
title than that of lawver."

Her Judgment Sustained. — In a divorce case
where there was evidence that the wife called her
husband "an old fool," the court sa^^s, "The re-
cord sustains the wife's judgment." And on an-
other point also her conclusion was affirmed. She
told him she would have been foolish to have mar-
ried a man of his age who had no money, and the
court says, "Again we think her judgment was
correct."

"I make whisky," said the moonshiner, "to
make shoes for my little children." The judge
seemed touched, for he had children of his own. 'T
sj^mpathize with you," he said, "and I am going
to send you to the Ohio Penitentiary, where 3'ou
can follow the shoe business for two vears."

An Impossible Possibility. — The foreman of a
jury in a recent murder trial reported : "The prob-
ability, or even possibility-, of this jury ever
agreeing is impossible in my opinion."

350 EATJLY HISTORY

A Bad Habit. — That suicide is a "pernicious
habit that obviously tends to shorten life" is the
defense set up by a life insurance company- in a re-
cent action on a polic^v wliich expressly excluded
liability for such reprehensible habits. It must be
conceded that suicide if it becomes habitual would
have the tendencv described.

\Vp:eping IX CorKT. — We, some time ago, drew
attention to a Kentucky case which decided that
counsel might legally shed tears in court. In
France, however, it seems that an attorney ma3'
not do so, on account of which rule a French dis-
ciple of Blackstone was induced to try a new ex-
pedient, which unhappil3' proved ineffective. It
appears that he had instructed his client to weep
every time he struck the desk with his hand, but
forgot and struck the desk at the wrong moment.
She promptly fell to sobbing and crying. "What
is the matter with you?" asked the judge. "Well,
he told me to cry as often as he struck the table."
"Gentlemen of the jur^-," cried the unabashed law-
yer, "let me ask you how you can reconcile the
idea of crime in connection with such candor and
simplicity."

Kinship of Hog and Bacon. — The following
is related by Lord Bacon of his father, Sir Nicholas.
When the latter was appointed judge on the
Northern Circuit, "he was 63^ one of the malefac-
tors mightih' importuned for to save his life ;
which when nothing he said did avail, he at length
desired his merc3' on account of kindred. 'Prithee,
said m3' lord judge, 'how came that in ? 'Wh3', if
it please 3'ou, m3' lord, 3'our name is Bacon and
mine is Hog ; and in all ages Hog and Bacon have
been so near kindred that the3^ are not to be separ-
ated.' 'A3', but,' replied Judge Bacon, '3'ou and I
cannot be kindred except 3'ou be hanged ; for Hog
is not Bacon until it be well hanged !' "

OF VERMONT. 351

How Lawyers are like Lies.— In a very wit-
ty address bv Jesse Holdon before the Chicago
Credit Men's Association ( published in "The
American Lawver" for September), he said of law-
yers : ''Like the boy's version of the text about
iving, thev mav bean abomination unto the Lord,
but thev are an ever present help in time of trouble,
as all of you know by actual experience."

Lied to His Attorney.— A German on trial
many years ago in western Ohio for maliciously
cutting a neighbor's cow had so convinced his at-
torney of his innocence that, although the evidence
aoainst him was totally insufficient to convict
hmi, his attorney, in order to give him the com-
pletest vindication, placed his cHent on the stand
and asked him point blank, "Did you cut the
cow?" The effect was startling. With blanched
face and quivering lips, the accused starred m
agony at the court and stammered, "Mein Gott,
shudge, I can't tell vou a lie. I know I shall go in
de hell if I do. I cut dot cow."

Moonshine Courts Didn't Count.— A witness
in a North Carolina state court was asked on
cross-examination if he did not testify in a former
trial directlv contrary to what he had just sworn
to. He replied, with' evident unconcern, 'T did,
sir." Lawver. "You did. Well, which was the
truth and which was the lie ?" Witness. "W^hat
I told the first time was a lie, and what I say now
is the truth." Lawyer. "And are n'tyou ashamed
to confess that vou perjured yourself in a court of
justice ?" Witness. "Why, no, sir, that first time
was only the Federal court."

Mrs. Peck— Suppose that you and I were all
alone upon a desert island, what is the first thing
that you would do ?" Henry (impulsively )— Try
to get away.

352 EARLY HISTORY

His CiiAKACTKR All RiGHT ViiT. — The follow-
ing cross-examination of a witness in a court in
western North Carolina is sent us as an actual
occurrence :

Dist. Atty. '*Now, Mr. Blinkins, you swear
before this court and jury that you know the de-
fendant's reputation in the community in which
he lives and that he is generally reputed an upright
peaceable, law-abiding citizen ?"

Witness. "Yes, sir."

Dist. Atty. "Now, Mr. Blinkins, don't you
know that Lafe Huggins has never done anything
but loaf around and drink moonshine w^hiskcvand
fight?"

Witness. "Yes, sir."

Dist. Atty. "And don't a'Ou know that he
abuses and beats his wife terribly ?"

Witness. "Yes, sir.

Dist. Att\\ "And don't j^ou know that he
broke up the Pigeon River camp meeting last win-
ter and whipped the circuit rider ?"

Witness. "Yes, sir."

Dist. Atty. And don't 3'ou know that he kicked
his old father down the steos and out of the 3'ard
and nearly killed him ?"

Witness. "Yes, sir."

Dist. Atty. And don't you know^ that he was
convicted in this very court three years ago of ma-
liciously shooting Deacon Smith's hogs ?"

Witness. "Yes, sir."

Dist. Atty. "And don't you know that he was
once accused of stealing a horse, and that the
owner of the horse and the principal witness for
the prosecution were killed just before the trial
was to be had ?"

Witness. "Yes, sir."

Dist. Atty. "And don't you know that his
neighbors all know these things ?"

Witness. "Yes, sir."

Dist. Atty. Then how can 3'ou sit there and

OF VERMONT. 353

swear that this defendant's reputation is good in
the coinmunitv in which he lives ?"

Witness. "Wh^-, mister, a man has to do a
heap wuss things than that to lose his character
in our neighborhood."

A Correct Judgment.— In Buffalo many years
ago, when Judge Str3^ker was on the common
pleas bench, there was an elderly law\'er named
Root who sometimes appeared in court when he
had taken a drop too much. On one of these oc-
casions he persisted in interrupting the court with
irrelevant remarks. Everv time he was ordered to
sit down he obe\'ed but soon popped up again.
Finally the exasperated judge exclaimed : "Sit
down, Mr. Root, and stay there. You are drunk."
*'I will cheerfully obe\^ your honor," said the of-
fender, "inasmuch as it is the first correct judg-
ment rendered bv the court this term."

Judge — Did 3'ou see the beginning of this
trouble ? Witness — I did, your honor. It occurred
five years ago. Judge — Wh\', how is that ? Wit-
ness— It began when the minister pronounced
them man and wife.

Holding It under Advisement. — A Missouri
justice of the peace at the close of a case announc-
ed with great dignity ; "I will hold this case under
advisement until next Monda\' morning, at which
time I will render judgment for the plaintiff."

W^HERE THE Law IS. — An attorney writes :
"The opinion of our supreme court in the case is
not instructive, and was evidentl}^ written by a
judge who wished to aflRrm a judgment clearh' un-
supported b)' both law and facts, but in our briefs
you will find the law."

354 HARLY HISTORY

A well-known jiulgc, noted for his tendency to
explain things to juries, expressed in a recent case
his own ideas w^ith such force that he was sur-
lirised the jurors thought of leaving the box. They
did leave, however, and were out for hours. In-
quiring the trouble, the judge was told one of the
twelve was standing out against the eleven. He
summoned the jury and rebuked the recalcitrant
sharph'. "Your honor," said the juror, "may I
say a word ?" Yes, sir," said the indignantjudge;
"what have \'Ou to say ?" "Well, what I wanted
to sa_v is, I'm the onlv fellow that's on your side."

One of the older members of the Cincinnati bar
was once pleading a case before Judge Sage, and
had talked incessantly for two hours. Suddenly
and unexpectedly, the long-winded man stopped
short and coughed. "I should like a glass of wa-
ter," said he to the court attendant ; and the man
disappeared to get it for him. For a moment there
was a long-drawn sigh from the listeners ; and
then Judge Sage leaned forward to the friend who
tells the story, and whispered, "Whv don't 3'ou
tell 3'our friend, Alfred, that it is against the law
to run a windmill with water ?"

As Affidavits Usually Be. — An attorney who
filed pretended affidavits to which he affixed his
official jurat as notary public w^hen the signers
had never been sworn, but merely admitted the
signing, excused himself by asserting that this was
"the usual manner of administering oaths in such
cases ;" but he was not able to convince the court
of that fact.

A unique formula for swearing to an affidavit
adopted b\' a well-known attorney whose charac-
teristic nasal solemnity made it effective, was this:
"I swear that this affidavit is as true as affidavits
usuallv be."

OF VERMONT. 355

Where a small dog was awa^- from home decol-
lete, although the statute required a collar, and
was killed by a large dog, and the defense was that
the killing was lawful because of the want of a
collar, it was held by the court that the big dog
was not dejtire or de facto a police officer or con-
stable, and was not shown to have examined the
records to see whether or not the little dog had
been licensed to travel without a collar. Heisrodt
V. Hackett (Mich.) 3 Cent. L.J. 479.

Ix Pursuance of the Code. — In an affidavit
taken before a Mississippi justice of the peace, on
w^hich a conviction for assault and battery was
sustained, the affiant declared that the accused
"did wilfully assault and strike him with a deadly
weapon, to wit, 'a tobacco box,' in pursuance of
chapter 29 of the Annotated Codeof 1892, against
the peace and dignity of the state of Mississippi."

Senator Walcott, Air. Reed, — the famous T. B.,
— and Mr. Choate were spending a cose}^ evening
together at Senator Walcott's home. "I have
never smoked a cigar, I have never played a game
of poker, and I have never attended a horse-race
in my life," said Air. Choate in the course of the
conversation. Senator Walcott looked patheti-
cally at the Speaker of the House. "I wish I could
sav that," he remarked. "You can," said Air.
Reed : "Choate did."

An officer in the arm\', seated at the table
d'hote, of an hotel, looking significanth^ at a
clerg3^man opposite, said : "If I had a son who
was an idiot I would make him a clergyman."
"Evidentl}' 3'our father was not of that opinion,"
quietly responded the clergyman.

356 EARLY HISTORY

A i^rofcssor of Trinity College, Dublin, over-
hearing an undergraduate using profane oaths,
rushed at him, exclaiming, "Are you aware, sir,
that you are im])erilling 3'our immortal soul, and
what is worse, incurring a fine of five shillings ?"

Curiously worded advertisements are common
in the London papers. One paper offered a prize
for the best collection of such announcements, and
the following is the result : —

"A lad}' wants to sell her piano, as she is going
abroad in a strong iron frame."

"For Sale : A pianoforte, the property' of a mu-
sician with carved legs."

"Wanted : A room for two gentlemen about
thirty feet long and twenty feet broad."

"Lost : A collie dog In^ a man on Saturda}-
evening answering to Jim with a brass collar
round his neck and muzzle."

"Wanted : By a respectable girl, her passage to
New York ; willing to take care of children and a
good sailor."

"Mr. Brown, furrier, begs to announce that he
will make up gowns, capes, etc., for ladies out of
their own skins."

"Wanted : An organist and a bo}- to blow the
same."

"Wanted : A boy to be partly outside andpartlj^
behind the counter."

"To be disposed of, a mail phaeton, the prop-
erty of a gentleman with movable headpiece as
good as new."

"Well, father," exclaimed the prodigal son, as
he made his appearance again at the family fire-
side, "are you ready to kill the fatted calf ?" "No,"
replied the old man grimlv, I think I'll let vou
Hve."

OF VERMONT. 357

"No," said Senator Sorghnm, with emphasis,
"I can't talk for publication to-day." "But Sena-
tor, in all the 3^ears of our acquaintance, this is the
first time you ever declined to let me quote you."
"I don't want jou not to quote me. I want you
to say I decline to be interviewed. This is confi-
dential ; I've concluded it's time for me to act as if
I'd got to be so important that I dare not talk for
fear of giving something big awa3'."

An exchange sa\'s a gentleman invited some
friends to dinner ; and, as the colored servant en-
tered the room, he accidentally dropped a platter
which held a turkey-. "My friends," said thegentle-
man, in a most impressive tone, "never in my life
have I witnessed an event so fraught with disaster
in the various nations of the gh.be. In this calam-
ity we see the downfall of Turkey, the upsetting of
Greece, the destruction of China, and the humilia-
tion of Africa."

The founder of one of our agricultural colleges,
who was more noted for having the interest of the
public at heart than for aptness of expression in
speech, was once called to be chairman of a meet-
ing convened to consider the necessit}^ of procuring
ground for a new cemetery. "Gentlemen," said
he, "I suppose 3^ou all know that there has got to
be a new cemetery, and now we are anxious to
know how manv of vou are readv to 2:0 into it !"

r>

The dude was making the girl dead tired by his
long and vapid talk on the advancement of wo-
men. "Don't 3-ou ever wish you were a man ?" he
asked as a kind of clincher. "No," she responded
in the sweetest, most womanly way. "Do you ?"

"Owing to unforeseen circumstances," an-
nounced an Australian paper not long ago, "our
last issue did not appear."

358 KARLV HISTORY

"Annual bargain sale now going on Don't go
anywhere else to be cheated," is the rather dubious
manner in which a New York furniture dealer
worded his announcement.

"When I was first married," says Rev. Dr. Lor-
mer, pastor of Tremont Temple, Boston, "I had
m}' strict ideas about Sunday observance. Mrs.
Lorimer had a colored *aunty' for cook ; and on
the first Saturday after she came I went into the
kitchen, and told her I did not want any Sunda3'
work, so she could prepare all meals for that da^-
beforehand. She didn't say one word while I was
talking. Then she looked up, and pointing to the
door, exclaimed, 'Now look hyar, Alarse George,
you jest go in dar and 'tend to 3^our Christianity,
and leave me 'tend to mah kitchen !" I went ; and,
as near as I can remember, she had hot dinners
Sunday's as long as she sta^-ed with us."

"What is the meaning of the saying 'The king
can do no wrong' ?" "I think it must be a sort of
insanitA' plea — a theory that most monarchs are
non compos mentis, or prettv near it."

Irascible Lieutenant {down engine-room tube)
— Is there a blithering idiot at the end of this tube?
Voice from the engine-room. — Not at this end, sir.

'It's a standing rule in my church," said one
clergyman to another, "for the sexton to wake up
any man that he ma}- see asleep." "I think," re-
turned the other, "that it would be much better
for the sexton, whenever any man goes to sleep
under your preaching, to wake you up."

Lawyer: "I have my opinion of 3'ou.'' Citizen:
"Well, you can keep it. The last opinion I got
from you cost me $150."

OF VERMONT. 359

A Boston Sunday-school teacher lately gave
her class a rather graphic description of how Eve
was created from the rib of" Adam. "Mamma,"
said the \^oungest member of the class that even-
ing, pressing his hand to his side, "I'm afraid I'm
going to have a wife."

Gilboy — I understand that Judge Marrymore is
breaking up housekeeping.

Gadman — That can't be ; he's very busy these
days deciding divorce cases.

Gilbov — Well, isn't that what I said ?

Kind Neighbor (accompanied b^^ a large mastiff,
to a little girl very much afraid of him) : "He's a
good dog, he never hurts any one. Don't you see
how he's wagging his tail ?" Little Girl (still
shrinking back) : "Yes, I see ; but that isn't the
end I'm afraid of."

"Are vou a native of this town ?" asked a trav-
eller of a resident of a sleep\" little Southern ham-
let. "Am I a what ?" "Are you a native of the
town?" ''Hey ?^^ "I asked if 3'ou were a native
of this place ?" At that moment his wife, tall and
sallow and gaunt, appeared at the open door of
the cabin, and, taking her pipe from between her
teeth, said acridly : " 'Aint' 3'e got no sense, Jim ?
He means wuz ye livin' here when you was born,
or wuz ye born before 3'ou begun livin' here. Now
answer him."

AIiSTRESS (to Norah) — What must be the condi-
tion of a person in order to be buried in conse-
crated ground ? Norah (in great surprise) — Dead,
mum !

GovERXESS— Come Ethel ; it's time for good
little girls to be in bed. Ethel — Yeth, Miss Mor-
gan ; but you know I have been naughty to-da}'.

360 KARLY HISTORY

Wliile Col. Gillani. with tlie Middle Tennessee
Reg.inicnt, was oecupx in^j^ Nashville he stationed
sentries in the principal streets. One da\' an Irish-
man, who, not long enlisted, was put on duty,
kept a sharp watch. Presently, a citizen came
along. "Halt I Who goes there" ? "A citizen,"
was the response. "Advance, and give the coun-
tersign." "I have not the countersign," replied
the indignant citizen. "And the demand for it at
this time and place is unusual." Well, begorrah !
Ye dont pass this wa^' until ye say, 'Bunker Hill'I"
The citizen appreciating the situation, smiled and
advanced to the sentry, and cautiously whispered
the magic words. "Right I Pass on !" And the
wide-awake sentinel resumed his beat.

"My bo3' Johnny- has such a cheerful disposi-
tion." "Yes ?" "dh, yes. When I make him wash
his neck, instead of grumbling, he just says he's

s:lad he is not a giraffe.

"We bought a lawn mower at the Montague
auction." "Well, that was all right, wasn't it ?"
"All right ? Maria says it is our old one w^hich
thev borrowed and never returned."

Perfectly Harmless. Dix— I once knew a
young man who smoked fiftv cigarettes daily
without auN' particular harm resulting therefrom.
Hix — Is it possible ! Dix — Yes ; and the only no-
ticeable effect was the death of the smoker.

The Dupe — Tell me the worst I The Doctor
(gloomilv) — You will soon be up and around.

A girl sued a man lor breach of promise, and
proved him such a scoundrel that the jury decided
that she ought to pay him something for not mar-

rving her.

OF VERMONT. 361

First Artist — Well, old man, how's business ?
Second Artist — Oh, splendid ! Got a commission
from a millionaire. Wants his children painted
very badi}'." First Artist (pleasantly)— Well,
mv boy, you're the very man for the job.

A new post-office was established in a small vil-
lage awa^^ out West, and a native of the soil was
appointed postmaster. After a while complaints
were made that no mail was sent out from the
new office, and an inspector was sent to inquire in-
to the matter. He called upon the postmaster,
and. statiiull the cause of his visit, asked why no
mail had been sent out.

The postmaster pointed to a big and nearly
empty mail-bag hanging up in a corner, and said :

"Well, I ain't sent it out 'cause the bag ain't
nowheres nigh full yet !"

During a discussion at a meeting of the Trinity
College Historical Society upon the slight consid-
eration attached to hfe by unciyilized nations, a
speaker mentioned the extraordinary circumstance
that in China if a man were condemned to death
he could easily hire a substitute to die for him;
''and" the debater went on, 'T believe man^y poor
fellows get their living by acting as substitutes
in that way !"

Miss De Style— Oh, major ! Did you ever go
to a military ball ? Old Veteran— No. my dear
young lady ; in those days I had a military ball
come to me. It nearly took my leg off.

Little Bob— I could walk the rope just as well
as the man in the circus, if it wasn't for one thing.
Little Willie— What is that ? Little Bob— I'd
fall off.

:U)'J KARLV HISTORY

Rhvkrsk Action. — The Ehlcrlv Matron — You
shoLildn t mind the i)al33' cr\'ing a little. It
streno^thens his lnn<j^s.

The Yoi'nCtKR Matrox — Oh, no doubt ; 1)ut it
weaken 's his father's religion.

Mistress (to servant) — Did you tell those ladies
at the door that I was not at home ? Servant —
Vis, mum. Mistress — What did they say ? Ser-
vant— "How fortinit !"

Good Sense — The eourt, in the case of Marshall
vs. State, 59 Ga. 156, said "To be too drunk to
form the intent to kill, one must be too drunk to
form the intent to shoot."

Mrs. Jones — Wh3^ don't you do something to
support yourself?

The Tramp — I wuz t'inkin', madam, of startin'
one of dem endless chains of letters contributing to
me relief.

She — "Sometimes 3^ou appear reallv manly,
and sometimes you are absolutely effeminate. How
do you account for it ?" He — 'T suppose it is here-
ditary. Half of my ancestors were males and the
other half females.'

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