declared confiscated and subject to be employed for such purposes as might be prescribed. Major Thomas Chandler was, on the 30th of April, appointed commissioner for the sale of confiscated estates in Rockingham, Chester, and Westminster. Capt. Ebenezer Curtis was chosen to the same office on the 16th of July, with jurisdiction in the towns of Windsor, Hertford, Woodstock, and Reading. On the 10th of June, 1780, Timothy Bartholomew was vested with similar powers in the towns of Norwich, Sharon, Thetford, Stratford, Fairlee, and Mooretown. Meantime the court of confiscation was established on a different basis, and the powers which had formerly belonged to it were, on the 2d of June, 1779, vested in the Governor and any four of his Council. Satisfactory evidence having been produced against a number of persons who had joined the enemy, several valuable estates in Cumberland county became, in consequence, the property of Vermont. These estates had previously been owned by Capt. Timothy Lovell of Rockingham, Andrew Norton of Windsor, William Paterson and Crean Brush of Westminster, Samuel Gale of Brattleborough, Zadock Wright of Hertford, Titus Simonds and Charles Ward Apthorpe. In accordance with the instructions under which the commissioners acted, deeds of the property sold were given "in the name and behalf of the representatives of the freemen" of Vermont, and great care was taken that those who purchased should be firmly secured in their possession.*

For several months no open disturbances between the partisans of Vermont and New York had occurred, and so little had the opposing parties interfered in the affairs of one another, that hopes were entertained that it would be possible, without hindrance, to hold an election for the purpose of choosing a representative to sit in the Legislature of New York. But this temporary calm was not the prelude of settled weather. No sooner were courts of justice established in Vermont, than prosecutions were commenced against the subjects of New York, whenever an occasion was presented, and what had been before dislike and opposition became now animosity and hatred. By the fourth article of the Declaration of Rights of Vermont, "the sole, exclusive, and inherent right of governing and regulating the internal police" of the state was vested in those of the

Slade's Vt. State Papers, pp. 287-388. MS. Records Gen. Ass. Vt., 1779. Instructions to Commissioners of Confiscation.

1779.]

CONDUCT OF VERMONT OFFICERS.

329

inhabitants who acknowledged its jurisdiction. By the nineteenth section of the Constitution, it was necessary that all commissions should be in the name of the freemen of the state, sealed with the state seal, signed by the governor, and attested by the secretary. Owing to a failure on the part of those who acknowledged the jurisdiction of New York to recognise these facts, trouble not unfrequently arose. The course pursued by the officers of Vermont in enforcing their laws, is shown in the following incident.

Hilkiah Grout, a citizen of Weathersfield, not only acknowledged the jurisdiction of New York, but had received the commission of a justice of the peace from that state. Being requested as an officer of New York, by William Oliver, a gentleman from New Hamphire, to take the depositions of a number of persons who resided on the banks of Otter creek, whose testimony was to be used in the superior court at Exeter, before which court affidavits witnessed by Vermont officers were not deemed valid, he set out from home with Oliver on the 16th of February, and on reaching the town of Shrewsbury prepared to remain there until Oliver should find the persons whose evidence was desired. On the 17th, towards evening, Oliver returned with the witnesses, and their statements were sworn to and subscribed in due form. About two o'clock on the morning of the 18th, the house in which Grout lodged was surrounded by seven men, "armed with guns, swords, bayonets," and other weapons. Having obtained admission to the building, they seized the justice and conveyed him to Rutland, showing him no abuse except by their "surly look." A court of inquiry, composed of a number of the officers in Col. Seth Warner's regiment, was soon after organized at Fort Ranger, "to examine and hear the evidence for and against such prisoners" as should be brought before them. By order of Capt. Gideon Brownson, commissioner, the court proceeded to try Hilkiah Grout, charged by two of the citizens with being engaged with certain others his associates, in "planning something very enemical to the United States of America." The prisoner pleaded not guilty, and the court, after hearing the evidence, decided that the charge was not supported. This judgment was approved of by Capt. Thomas Lee, the presiding officer, and Grout was set at liberty.

No sooner had he obtained his dismissal, than he was again arrested on a warrant from Benjamin Whipple, a justice by

appointment from Vermont, in which he was described as a transient person, who pretends to officiate in this state in the character of a justice of the peace, not having authority derived from the freemen of this state as stipulated by the constitution." The writ was made returnable "as soon as conveniently may be, before the subscriber" at the house of William Roberts. On the examination held on the 19th, Reuben Squire testified that Oliver had introduced Grout to him as a justice of the peace, and had desired him, his wife, and his daughter, to testify before Grout "concerning a piece of Holland cloth." Charles Button also made affidavit, that he, at the request of Oliver, had been at the house of Lemuel White, in Shrewsbury, and had there taken an oath, and borne witness before Grout as a justice, in a case then pending between Oliver and one West. Abel Spencer and Lemuel White testified to the same effect. The charge in the warrant being supported, Grout was ordered to procure bonds in the sum of £1,000 lawful money for his appearance before the superior court at their session in June, or in default to be committed "to close gaol." Bonds having been given, the prisoner was released. On his return home he wrote to Micah Townsend, of Brattleborough, and, in the account which he gave of the affair, referred to the forbearance of the Vermonters, by declaring that he had "neither been whipped nor insulted." Oliver, at whose suggestion he had undertaken his official journey, was brought before the same tribunal by which Grout had been adjudged guilty, and was mulcted in a fine of £5, and in costs £3, "for introducing an unconstitutional justice into the state of Vermont."

When the superior court assembled at Rutland, on the 10th of June, Grout was tried on the charges which had been substantiated at the examination. His only defence was a denial of the jurisdiction of Vermont. The court, however, refused to hear the reasons which he wished to present in support of this denial, and adjudged him guilty of "treasonable practices" against the state. He was ordered to pay a fine of £120 lawful money, to which were added the costs of the suit, making the whole sum more than £180. Not considering it advisable to submit to this exaction, as he deemed it, he notified a determination to that effect to the clerk of the court, and was informed, that in case the money was not paid, execution would immediately issue, unless he should ask it as a favor of the court to stay proceedings for a few months. "I was not," wrote Grout to

1779.]

SEVERE SENTENCE FOR DEFAMATION.

331

Governor Clinton, " in a temper of mind to ask any favours of them, and so returned home." The sheriff of Cumberland county was thereupon commanded to levy upon his goods and chattels, and after disposing of them in accordance with the laws of the state, to place a portion of the proceeds equal to the amount of the mulct in the hands of the state treasurer.*

At the February session, an act had been passed for the punishment of defamation. By one of its provisions whoever should vilify any court of justice, or its sentence or proceedings, or traduce any of its magistrates, judges, or justices, on account of any act or sentence therein promulgated, was, on the conviction of the offence, made liable to punishment by fine, imprisonment, disfranchisement, or banishment. On account of the license in language which then as now prevailed, an opportunity was soon presented for trying the efficacy of this act. Nathan Stone, a citizen of Windsor, but a Yorker in principle, having been charged with using "reproachful and scandalous" words on the 15th of March concerning the "authority" of the state, was arraigned before the superior court at Westminster. On examination, it was proved that in the presence of "many good and faithful subjects" of the state, he had said to the sheriff, John Benjamin, "God damn you and your governor, and council." He pleaded guilty to the charge, and judgment having been rendered against him on the 26th of May, he was fined £20 lawful money and costs, and was obliged to give bonds in the sum of £1,000, as a guaranty for his future conduct.t

* Slade's Vt. State Papers, pp. 244-251. MS. records of Vt. courts. George Clinton Papers in N. Y. State Lib., vol. vii. docs. 2095, 2198; vol. viii. doc. 2464. + MS. Court records. Slade's Vt. State Papers, p. 382. The session of the court at which Stone was indicted was the first ever held in Cumberland county. The first cause tried in the session was that of Pompey Brakkee of Chester, a negro, plaintiff, against Elijah Lovell of Rockingham, defendant. The exact nature of the complaint does not appear, but the court awarded to Brakkee, damages in the sum of £400 lawful money to be recovered of the defendant with costs.

CHAPTER XIII.

CONFLICT OF JURISDICTIONS.

Vermont Militia Law-Obedience to it refused in Putney-Sergeant McWain endeavors to enforce it-Resistance is offered-Friends of New York convene at Brattleborough-Letter from Col. Patterson to Gov. Clinton-Clinton to Samuel Minott-Clinton to John Jay-Thirty-six Yorkers arrested and lodged in the Jail at Westminster-Ethan Allen-His tyrannical character-Trial of the Yorkers-Allen incensed at the Proceedings of the Court-His Indignant Speech -The Plea of the Yorkers-They are declared Guilty and Fined-Letter from Ira Allen to Benjamin Bellows-Act to prevent the Exercise of Authority not derived from Vermont-Proclamation of Gov. Chittenden-Information of the Treatment of the Yorkers communicated to Gov Clinton and to CongressCourse of Congress-Letter from Gov. Clinton to Samuel Minott-Clinton to Washington-Clinton to Jay-The Committees of Six Towns in Cumberland County to Clinton-Micah Townsend to Clinton-Resolves of Congress-Further Attempts of Vermont Officers to enforce Obedience to the Laws of the StateLetter from the Committee of Congress to Samuel Minott-Gov. Chittenden to a Friend-Doings of the Committee-Convention of the Yorkers-Their Petition to Congress-Their Letter to Gov. Clinton-Action of the New York Legislature-Letter from Gov. Chittenden to President Jay-Proceedings in Congress relative to Vermont.

MEANTIME events which marked with greater clearness the differences between the contending parties residing in Vermont were attracting general attention. In the act passed at the February session of the Legislature of that state, for forming and regulating the militia, and for encouraging "military skill," power was given to each captain or commanding officer of a militia company, in obedience to an order to that effect from the governor, to draft men within the district over which his command extended. Any soldier who should refuse to serve, was obliged to forfeit and pay the sum of £18, to be recovered "by bill, plaint, or information." In default of goods or estate, he was to be "disposed of in service" to some citizen of Vermont or of the United States, so to remain until the liability was dis