1782.]

THE REPUBLIC OF GUILFORD.

423

and security of the state. With this letter were sent the two late acts of the Legislature, one of which had been passed for the purpose of extending pardon to those who had been the supporters of the Western Union, and to all others who should return to their allegiance; and the other for confirming grantees in the titles by which they held their lands.*

Hardly had the contents of this letter transpired, when an opportunity was offered for those who should choose so to do, to attest their adherence to the government of New York. By an act of the Legislature of Vermont, passed a few months previous at the February session, orders had been issued for raising "three hundred able-bodied, effective men, for the ensuing campaign." In case any town should refuse to raise their quota of men, power was given to the selectmen to hire the required number, and to issue their warrant to the sheriff of the county, directing him to levy on "so much of the goods and chattels, or estate" of the inhabitants as should be necessary both to pay the wages of those who should be hired, and to satisfy all the necessary charges which might arise. The friends and supporters of the government of New York, who, until the year 1780, had composed a large portion of the population of the towns in the southeastern part of Vermont, had been gradually decreasing in power and numbers. At this period, a majority of the inhabitants of Guilford, a minority of the inhabitants of Brattleborough and Halifax, the family of Charles Phelps in Marlborough, and here and there an individual in Westminster, Rockingham, Springfield, and a few other towns, represented their full strength. Although in town elections they were sometimes placed in nomination against citizens of Vermont, yet the latter were, with rare exceptions, successful in obtaining office on those occasions.

Guilford had been for several years, and was at this time, the most populous town in the state. This was not owing to any superior natural advantages, either as to situation or soil, but to the greater liberty which its citizens enjoyed. On the 19th of May, 1772, the inhabitants, at a district meeting, had refused longer to be bound by the terms of the charter they had received from New Hampshire; had declared by vote, that Guilford was in the county of Cumberland, and province of

* Doc. Hist. N. Y., iv. 1010-1012. Slade's Vt. State Papers, pp. 173-176. Papers relating to Vt. Controversy, in office Sec. State N. Y., p. 46.

New York; and had chosen town officers agreeable to the laws of that province. "Having renounced their charter," observes. Thompson, "and there being no government which really exercised authority over them, they continued to legislate for themselves, and tradition says that good justice was done." One principle in their abandoned charter was, however, adhered to, and "none but proprietors, or those who held under them, had a right to rule, or vote in their meetings." Thus did this little republic continue from year to year to be governed by the decisions of town meetings, and the excellent administration of its affairs and the inducements which were offered to settlers, clothed its fields with waving harvests, and adorned its hill-sides with cheerful dwellings. Not until the year 1777, when Vermont was declared an independent state, did those rivalries commence which for years afterwards disturbed the peace of this happy community, and finally resulted in its dissolution.*

In accordance with the terms of the act for enlisting soldiers in the service of Vermont, it had been reported that drafts would be made from Guilford. At this juncture the letter from Governor Clinton, declaring "resistance by force" to be justifiable, was circulated among the people. A meeting was immediately called in Guilford, which was largely attended by the Yorkers, the dominant party in that town, and the instructions from New York were adopted. A vote was passed by which the people declared their determination "to stand against the pretended state of Vermont, until the decision of Congress be known, with lives and fortunes." As an evidence of their sincerity, Henry Evans, Daniel Ashcraft, and Nathan Fitch were directed to forbid the constable to act. Although the New York adherents were in the ascendant, yet the citizens of Vermont were by no means backwards in asserting their rights. One result of this loyalty was, that the affairs of the town were regulated by two distinct sets of officers, the one appointed in accordance with the customs of the former state, and the other in accordance with those of the latter.

Instead of selecting the soldiers who were to serve in the Vermont militia from the citizens of that state residing in Guilford, the officers chose them from the opposition. Those who were drafted refused to serve, or to bear the expenses of a

1782.]

SYMPTOMS OF A STORM.

425

substitute. An open rupture could be no longer avoided. On the 10th of May, Simeon Edwards, William Marsh, and Ephraim Nicholls, the selectmen of Guilford by the choice of the citizens of Vermont, directed the sheriff of Windham county, in the name of the state, to take the goods and chattels of Samuel Bixby, William White, Josiah Bigelow, Joel Bigelow, and Daniel Lynde, to the value of £15, that being the amount which had been expended by the state in hiring a man to do military duty in their behalf. The sheriff was further instructed to sell whatever he should seize, at public vendue, and return the proceeds to the selectmen, "with all convenient dispatch." The warrant authorizing these proceedings was placed in the hands of Barzillai Rice, one of the sheriff's deputies, who determined to execute it immediately. On reaching the house of Hezekiah Stowell, a most violent Guilfordite Yorker, he found a large company assembled, and among the number some whom he wished to see. Supposing himself secure from the danger of an attack, both by his official character and by the presence of two of the selectmen who had drawn the warrant, he made known his business, and his determination to obtain either the fines or their equivalent. This declaration created much confusion, and angry words were heard from every part of the room. Opposition to the unjust demands of Vermont was loudly proclaimed, and it was plainly evident that words were to be but the prelude to action. William Shattuck, of Halifax, a leader among the Yorkers, failed not on this occasion to strengthen the minds of his friends. Mingling in the crowd, he counselled them to protect their rights; to stand by their liberties; and to repel the invasions of a usurped power. "I am a supporter of the opposition," he declared, "both in public and in private. I deny the authority of Vermont. The cause that I maintain is just, and I have done and will do all in my power to uphold it." With Shattuck the majority coincided. A few were disposed to settle the fines, provided satisfactory terms could be agreed on. For the sake of a more private interview, the deputy, selectmen, and those interested in the proceedings, repaired to the house of Josiah and Joel Bigelow. Henry Evans and William White, who acted for the five delinquents, having considered the subject at length, were finally agreed as to the course they should pursue, and requested the deputy to delay the execution of the warrant for twenty days, that they might have an opportunity to send

to New York for instructions. This the deputy refused to do, and forthwith proceeded to carry off a cow belonging to Joel Bigelow, having first ordered all who were present to assist him in the execution of his office.

Evans, who had now become excited, interposed, ordered the deputy to be gone, threatened him with violence in case he should persist, and "damned the authority" under which he was presuming to act. Disregarding these expressions, the deputy persisted in the attempt, and took possession of the cow. Determined to release the animal and return her to her owner, a large crowd followed the deputy, awaiting a favorable opportunity to accomplish their purpose. At length the voice of Capt. Joseph Peck of Guilford was heard ordering his men, who were present in the dress of citizens, to "embody to rescue." The command was obeyed, the deputy was surrounded by a mob of forty or fifty men, and the cow was seized and driven away in triumph.* Such was the result of this determination to resist the execution of the laws of Vermont. While the supporters of the claims of New York exulting in the success which had attended this effort, were making every exertion to add to their strength and increase their efficiency, the citizens of Vermont were rejoicing that this forcible resistance had placed them in possession of an argument which would henceforth warrant them in punishing their opponents as disturbers of the peace and contemners of lawful jurisdiction.†

* In the presentment of the grand jurors of Windham county, made in September, 1782, the following persons were charged with being engaged in the transaction mentioned in the text: Jotham Bigelow, Daniel Lynde, Joel Bigelow, Josiah Bigelow, William White, Samuel Bixby, Giles Roberts, Dean Chase, Benjamin Chase, Nathaniel Carpenter, Edward Carpenter, Asaph Carpenter, Daniel Shepardson, Adonijah Putnam, Nathan Avery, Josiah Rice, David Goodenough, John Stafford Jr., James Packer, Stephen Chase, Joshua Nurse, Noah Shepardson, Joseph Peck, Joshua Lynde, Shubael Bullock, Israel Bullock, Samuel Melendy, Joseph Dexter, Moses Yaw, Amos Yaw Jr., and Hezekiah Broad, all of Guilford; and Elijah Prouty and Benjamin Baker of Brattleborough. Besides these, there were present, Timothy Church of Brattleborough, William Shattuck of Halifax, Henry Evans of Guilford, and others whose names did not appear.

+ MS. Court Records. Thompson's Vt. Gazetteer, ed. 1824, p. 141.

CHAPTER XVI.

THE CIVIL SUSTAINED BY THE MILITARY ARM.

Convention of town representatives favorable to New York-Petition and remonstrance-Credentials-Charles Phelps-Novel punishment at Hertford-Letter of Richard Morris-Council of Appointment-Civil and military officersAdvice of Gov. Clinton to Col. Timothy Church-Act of the General Assembly of Vermont for the punishment of conspiracies-Isaac Tichenor's visit to the Yorkers-Anticipations of trouble-Meeting at Guilford-Letters from Gov. Clinton to Col. Church and to the supporters of the jurisdiction of New YorkDetermined conduct of the Yorkers-Col. Church resists the laws of VermontThe command of the Vermont troops given to Ethan Allen-Preparations for attack and defence-The expedition-Col. Ira Allen's adventure-Bravery of Mrs. Timothy Phelps-Effects the escape of her husband-An amusing sceneMr. Phelps is afterwards taken by Ethan Allen-The onset of the Guilfordites— Ethan Allen's famous proclamation-His force receives additions-The Yorkers imprisoned at Westminster-First day of the trial-Proofs of the seditious behavior of Church, Shattuck, Evans, and T. Phelps-Their sentence-Another attempt to take Charles Phelps-His library-Second day of the trial-Boasting of Ethan Allen-Remainder of the court session at Westminster-A special session at Marlborough-Trials and sentences-Samuel Ely's offence-His trial and punishment-Sufferings of the Yorkers.

THE excitement caused by this disturbance having partially subsided, representatives from the towns of Brattleborough, Guilford, Halifax, and Marlborough assembled in convention, on the 17th of May, and prepared a combined "remonstrance and petition" for the consideration of Governor Clinton. This production did not embody a specific narrative of the late resistance, but, in the most general terms, disclosed the fact that "intrigues, conspiracies, and insurrections" were "daily perpetrated" by the Vermonters; that warrants were frequently issued for the seizure of the persons and property of the petitioners; and that usurpations had been "valiantly opposed" by the friends of New York. The petitioners declared it to be their intention to defend their rights by force, until "proper authority" should be instituted. At the same time they acknowledged that their