1782.]

FURTHER PROCEEDINGS AGAINST YORKERS.

453

in the Guilford militia; and John Alexander to the acceptance of a lieutenant's commission in one of the companies of Brattleborough. Baker's fine and costs were fixed at £7 15s. 6d.; those of Lamb, at £7. Weld was fined £2 108. and costs. Ferrel* and Alexander were mulcted the one in the sum of £2, and the other in the sum of £20; both were charged with costs and were required to enter into a recognizance of £50 each, to be forfeited in case they should not act with propriety during the next four months and a half. Joseph Coleman and Eleazer Church charged with disobedience to the laws of the state, gave bonds for their good behavior and were acquitted without fine. On the 19th, the last day of the session, Samuel Ely of Conway, in the county of Hampshire, Massachusetts, but lately a resident in the town of Wilmington, Vermont, was brought to the bar for trial. A bold, but rash and impetuous man, he had served in the battle of Bennington as a volunteer, and being t connected with no company or regiment had fought without the advice or direction of any person. He had been court-martialed after the action on account of his singular conduct in retaining a large amount of valuable plunder, but had been honorably discharged on proof that he had taken only such articles as he had won in his own independent method of warfare. Since that period his restlessness had engaged him in many scenes of an unpleasant nature, and had finally resulted in his arrest under the laws of Vermont. In the presentment of the state's attorney, it was charged that the prisoner, "not having God before his eyes, but being moved and seduced by the instigation of the Devil; and little regarding the laws of this state or the penalties in the same contained; and being a pernicious and seditious man, and a person of depraved, impious and disquiet mind, and of a seditious disposition and conversation; and contriving, practising, and falsely, maliciously, turbulently, and seditiously intending the peace and common tranquillity of the freemen of the state of Vermont to disquiet, molest, and disturb; and to bring his Excellency, Thomas Chittenden, Esq., Governor of said state, the Honorable Council and House of Representatives (being the general supreme court of justice in the afore

* At the conclusion of the trial, Weld took the oath of allegiance to Vermont in open court. By an entry in the Council records of the state, dated Westminster, October 18th, 1783, and signed by Lot Hall, secretary pro tempore, it appears that the fines of Weld and Ferrel were remitted on that occasion, upon the plea of Thomas Cutler.

(Soft)

said state of Vermont,) and the proceedings of the same into great hatred, contempt and scandal with all the good and faithful subjects of this state; and the magistrates, judges and justices within said state, and the generals, colonels, captains and other military officers of this state to scandalize, villify and bring into contempt"-in the presentment it was charged that the prisoner influenced by these unworthy motives, and in order "his most wicked contrivances, practices, and intentions aforesaid to compleat, perfect and render effectual," did on the 10th of July preceding, and at other times, "say, assert, affirm and pronounce, and with a loud voice did declare these false, malicious, seditious and opprobrious English words following, that is to say:The state of Vermont is a damned state, and the act for the purpose of raising ten shillings upon every hundred acres of land is a cursed act, and they that made it are a cursed body of men." It was also asserted that "in further prosecution of his malice" he did publicly declare "that the general or supreme court aforesaid were a pack of villains, and that if no other person would undertake to overturn or destroy the government of Vermont, he, the said Ely, would do it, and he had got that in his pocket which would overset them." In addition to these charges it was alleged that he did "damn the state of Vermont and all its officers, and did curse the laws of the same as passed by the General Assembly thereof." Such were the accusations which the redoubtable Ely was called upon to confront.

Witnesses from Wilmington testified to the truth of the charges, and the jury announced to the court through their foreman Jonathan Underwood, their decision that the prisoner was guilty of a breach of an act of the state, entitled "An act for the punishment of defamation." In conformity with the choice vested in the court to punish defamers by fine, imprisonment, disfranchisement or banishment, according to the nature of the offence, Ely was ordered to be taken to the guard house in Marlborough; thence, on the morrow to be conveyed to the limits of the state; to be then banished and forbidden to return until eighteen months from date should have expired, on penalty of being imprisoned the same length of time.

With this trial ended the first resolute attempt of the government of Vermont to enforce obedience to the laws of the state by the civil and military arm combined. The proceedings attendant upon this manifestation, were, in some instances,

1782.]

UNNECESSARY SEVERITY.

455

unnecessarily severe and cruel. Many of the prisoners during their confinement at Westminster and Marlborough, suffered severely from want of food and other necessaries. Two of them, during eleven days' imprisonment, were allowed but four meals of victuals by their guards. Ethan Allen himself acknowledged, that the method which had been pursued by him was "a savage way to support government." At the same time he declared that he could not have carried his point in any other manner. Satisfied with the policy that had induced these acts, he and his friends exchanged congratulations at the part they had taken in the Guilford war, and made known their determination to present to Congress a full report of their doings.*

* MS. Records of Superior court of Vt., Sept., 1782. MS. Depositions. Laws of Vt. Various MS. Testimony, Letters, Affidavits, etc. Thompson's Gazetteer, p.

143.

CHAPTER XVII.

ATTEMPTS TO OBTAIN THE INTERFERENCE OF CONGRESS.

Charles Phelps and Joel Bigelow repair to Poughkeepsie-Public and private letters of Gov. Clinton to the New York delegates in Congress-Clinton to BigelowNew York delegates to Clinton-Depositions of Yorkers-C. Phelps proceeds to Philadelphia-Church, Shattuck, Evans, and T. Phelps-Statement of grievances by the New York adherents-Shattuck and Evans with Gov. Clinton-C. Phelps before Congress-Shattuck and Evans visit PhiladelphiaAction of Congress-Persistence of C. Phelps-Congressional resolves-Destitution of Shattuck, Evans, and C. Phelps-Resolutions of the 5th of December -Further action of Congress-Gov. Clinton to the convention of committees Strife between the Yorkers and Vermonters-Proposal for a temporary settlement of difficulties-John Bridgman taken, and released on parole-Governor Chittenden's letter about the Yorkers-Report that Col. Church was to be hanged-Effect of the resolves of the 5th of December-Correspondence between the Yorkers and Gov. Clinton-Letter from Governor Chittenden to the President of Congress-Remonstrance of the General Assembly of Vermont to Congress.

On the 11th of September, the day on which the trials of the prisoners taken by Ethan Allen commenced at Westminster, a number of the citizens of New York, in Cumberland county constituted Charles Phelps their agent to visit Governor Clinton, to repair to Congress, and to act for them in matters pertaining to the controversy, "as he in his prudence and discretion," should think proper. Knowing that a warrant had been issued for his arrest, and that the militia were endeavoring to take him, Phelps strove to avoid their vigilance and ultimately succeeded. Though desirous of visiting his family before proceeding on his mission, he was obliged to leave without seeing them. While on the road and before he had left the state, he was pursued by eight or ten men for several miles, but fortunately escaped. Having obtained a supply of clothing from his friends in Hadley, he made the best of his way to Poughkeepsie. On the same day Joel Bigelow, of

1782.]

ADVICE OF CLINTON.

457

Guilford, left for the same place, for the purpose of acquainting Governor Clinton with the late proceedings. Travelling with greater expedition than Phelps, he reached Dutchess county before him, and, on the 15th of September, made a deposition before Justice Melancton Smith, concerning the conduct of the Vermonters, and the manner in which they had been received by the Yorkers. This deposition was immediately transmitted to the delegates in Congress from New York, with a request that it might be communicated to Congress as soon as possible, inasmuch as it clearly evinced the necessity of a speedy determination of the boundary dispute, or at least of an interference which should preserve the public peace until the controversy could be finally decided.*

In a letter dated the 16th of September, and accompanying the deposition, Governor Clinton announced it as a fact, "undeniably true," that the government of New York and its subjects on the "Grants," had strictly adhered to the recommendation of Congress "in abstaining from the exercise of any authority over persons professing subjection to the pretended state of Vermont." He detailed the advice which he was about to transmit to his oppressed fellow-citizens in Cumberland county; referred in a pointed manner to what he deemed the duty of Congress; and concluded in these words :-" From the spirit and determination of the inhabitants of several towns on the east side of the mountains who have resolved to experience every inconvenience rather than swerve from their duty and allegiance to the state [of New York], until Congress declares theGrants' not to be comprehended within our boundaries, I am induced to believe this [outrage] will lead to more serious consequences for which, however, I do not consider either the state or myself responsible." In a supplementary note of a private nature, the Governor requested the delegates, "without mentioning this intimation," to read his communication publicly in Congress when the deposition should be introduced. "In a letter to you," he observed in explanation, "I can use a freedom which in an address immediately to Congress might be conceived rather derogatory to their dignity.... I feel the honor of the state and myself hurt, that my repeated applications to them for a decision of the controversy have been not only ineffectual but even unnoticed.. You are fully sensible of

* MS. Commission and Deposition.