1779.]

SENTIMENTS OF GOV. CHITTENDEN.

363

Jay on the 5th of August, he maintained the right of the new state to a separate and independent jurisdiction, and stated in plain but forcible terms, the reasons which had induced the late seemingly severe conduct on the part of Vermont towards the New York adherents. He denounced the action that Congress had taken in their resolves of the 16th of June previous, and declared that the authority of Vermont had been "impeached and censured" by them, before the "facts and circumstances in the case could have been particularly known." The punishment which those acting under New York authority had received, was owing, he remarked, to a "high-handed breach of the peace," of which they had been guilty, and he further stated that their liberation had been effected previous to the passage of the resolves referred to. The full meed of praise was given to the valor and patriotism of the Green Mountain Boys. Their readiness to engage in the scenes of war, and to bear their proportion not only of the labor but of the expense also, received special comment. Notwithstanding the declaration of the inhabitants of the southern part of Cumberland county, that they were the warm friends and firm supporters of the cause of the United States, the Governor asserted that many of them who were able-bodied and effective, had taken advantage of the disputes between New York and Vermont, "to screen themselves from service," and had refused to comply with the appeals which had been frequently made to them for their quota of men and money to furnish defence for their own frontiers. The whole tenor of this letter bore evidence to the intention of the writer and his friends, to maintain, at all hazards, the independence of Vermont as a separate state.

On his arrival in Philadelphia, Phelps, not satisfied with delivering the documents of which he was the bearer, used his exertions to interest such members of Congress as he could approach, in behalf of the measures advocated by the New York delegation. While engaged in these attempts, he kept the Legislature, at whose expense he was then supported, well informed of the temper of Congress, and of the opinions which were entertained by the members on the subject of the controversy. Some of them, he stated in his letter of the 21st of September, were satisfied with the manner in which New York had borne with those who had maltreated her subjects, and were of opinion that it was "high time" to put an end to the jurisdiction of Vermont. At the same time he did not conceal

the fact, that there were others who would be glad to see Vermont established as a separate state. After numerous delays the subject of the controversy was taken up by Congress on the 24th of September, and several resolutions were adopted preparatory to the final disposal of the matter. The committee of conference, who had been appointed in the month of June previous, a majority of whom, as it was declared, had never met in the district to which they were sent, and, therefore, had never executed the business committed to them, or made a regular report thereon to Congress-this committee were discharged from further service.*

To the states of New Hampshire, Massachusetts, and New York, the passage of laws expressly authorizing Congress "to hear and determine all differences between them, relative to their respective boundaries, in the mode prescribed by the articles of confederation," was earnestly recommended. To the same states the passage of similar laws was also recommended, concerning the settlement of disputes between them and the inhabitants of the "Grants." Congress also asked for authority to adjudge all differences subsisting between the grantees of the states named with one another, or between either of the states, respecting title to lands lying within the "Grants." In case this power was granted by the states concerned, Congress pledged their faith to carry into execution the decision they should make, whatever it might be, in order that permanent concord and harmony might be established, and all cause of uneasiness removed. The first day of February, 1780, was fixed upon as the time when Congress would hear the arguments of the different parties. As to the manner of voting, it was expressly stated that neither of the states interested in the controversy should vote on any question relative to its decision. Until this reference was had, Congress declared it the duty of the people on the "Grants," who denied the jurisdiction of the states before mentioned, to abstain from exercising any power over any of their neighbors who professed allegiance to any or either of the interested states. They further declared it to be incumbent on New York, New Hampshire, and Massachusetts respectively, to suspend the execution of their laws over the inhabitants of the "Grants," except in the case of those who acknowledged the jurisdiction of any one of these states. In

* Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 29.

1779.]

RESOLVES OF CONGRESS.

365

defining the limits of that district for which a separate and independent jurisdiction was claimed, they resolved that none of the towns either on the east or west side of Connecticut river should be considered as included within it, those being excepted which had heretofore actually joined in denying the jurisdiction of the states before named, and had assumed a separate jurisdiction under the name of the state of Vermont. They also gave it as their opinion that no unappropriated lands or estates lying in this newly named district, which had been or might be adjudged, forfeited, or confiscated, ought to be granted or sold, until the final decision of Congress should be made known. The inhabitants of Vermont were especially desired to abstain from all hostile action, and to this end it was recommended to them to cultivate harmony and concord among themselves, to forbear "vexing each other at law," and to "give as little occasion as possible for the interposition of magistrates." By these resolutions it was proposed, that the power of deciding the controversy should rest with Congress. On the 2d of October, it was proposed that this power should be vested in "commissioners or judges," to be appointed in the mode prescribed by the ninth article of the confederation.

This programme of the course which Congress intended to pursue, was immediately transmitted to all the parties interested, with a request that they would conform to its provisions. In compliance with this application, resolutions were passed and agents were appointed by New York, on the 21st of October. On the same day, the General Assembly of Vermont elected delegates to appear at Congress to vindicate the right of that state to independence, and to agree upon articles of union and confederation. Massachusetts, although she did not choose agents to represent her in the approaching conference, avowed her right to a portion of the controverted territory, notwithstanding the agreements which had been previously made, by which she had been excluded from participation. The resolves of Congress were approved of in New Hampshire, and delegates were chosen on the 17th of November, to present and defend the claims of that state at the time appointed. The power of deciding the unhappy disputes which had caused so much personal and political animosity, was now in the hands of a tribunal which commanded the respect of the appealing states. To its decision, not only the parties concerned, but all the states in

the confederacy looked forward with an interest commensurate with the importance of the results which were to follow.*

* Doc. Hist. N. Y., iv. 992-1000. Journals Am. Cong., iii. 350, 363, 365–367, 371. Slade's Vt. State Papers, pp. 110-115. Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 30. Laws of N. Y., in office Sec. State N. Y., 1777-1789.

CHAPTER XIV.

CONTINUATION OF THE DISPUTE. THE BURNING OF ROYALTON.

Representatives from Cumberland county in the New York Assembly-Guilfordite Yorkers-Elections held by order of New York-Micah Townsend's Letter to Gov. Clinton-Convention of Committees at Brattleborough-Samuel Minott to Clinton-Charles Phelps refuses to serve in the Vermont Militia-He and his son Timothy are fined-Second Convention of the Committees-Major Jonathan Hunt sent to Philadelphia—Action of Congress—attempts of Vermont to effect a Settlement with the Yorkers-Petition of Inhabitants of Cumberland county to the New York Legislature-Gov. Clinton's Letter to Samuel Minott-Josiah Bigelow and Peter Briggs, the contumacious Yorkers-Col. Patterson's attempts to enlist Soldiers-Suspicions concerning the loyalty of Vermont to the American cause-Gov. Clinton's opinion-Hearing before Congress of the Claims to the "Grants"-Incursion of the Indians at Barnard and Bethel-Fort Defiance built―The British and Indians plan an attack on Newbury—Are diverted from their object-They attack Royalton-Sufferings of the Havens family-Adventures of Gen. Elias Stevens and Capt. John Parkhurst-Escape of the Rix family -Heroic conduct of Gen. Stevens-Various incidents connected with the capture of the Inhabitants-Col. John House and his men pursue the Enemy-The Fight The Threat of the Indians-Their Flight-Fate of the Captives-Opinions concerning the conduct of Col. House-Review of the Losses-Incidents connected with the Inroad-The Exploits of Mrs. Hendee-The Alarm at Brookline-The Flight of the People-The Burning Brush-heaps at Newfane-Prepa rations for Defence--The gathering of the Soldiery-The Calmness of Noah Sabin Sen. misinterpreted-Explanation of the Alarm.

DURING the winter of 1779, 1780, and the spring of the latter year, various attempts were made to obtain from Congress a decision of the controverted question of jurisdiction which continued to harass the people of New York and cramp the energies of the inhabitants of Vermont. The attention of Congress was so much occupied in furthering the general welfare of the Union, that the points of difference between the contending parties, were allowed to remain undecided. Meantime, Cumberland county was represented in the Legislature of New York by Micah Townsend of Brattleborough and Elkanah Day of Westminster. The former occupied his seat from the middle of August, 1779, to the middle