THE UNIONS.
Owing to the continual disturbance and partial depopulation of the State
caused by the presence of the enemy, the election of state officers was
deferred by a convention in December till the 12th of March, 1778. It
was held on that day, and the government took regular form under the
Constitution.
Thomas Chittenden, who had for some time been prominent in the political
affairs of the forming commonwealth, was elected governor. He was born
in Guilford, Conn., in 1730. In early manhood he began pioneer life in
Salisbury, Conn., where he lived twenty-six years, prosperous, and a man
of consequence in the town. Then the pioneer spirit, that lusty begetter
of new states, again laid hold of him, and he purchased a tract in the
wilderness lying upon the fertile borders of the Winooski, in the town
of Williston. In 1774 he took his family to this wild region, but was
scarcely established when the retreat of the American army from Canada
left the northern settlers exposed to the enemy, and they retired to the
southern part of the Grants. Living at times in Danby, Pownal, and
Arlington, Chittenden remained till 1787, when he returned to Williston.
He had not long been an inhabitant of the Grants when he naturally took
his place among the leading men of the district. He was one of the
committee that drafted the Vermont Declaration of Independence, and of
the one that framed the government, and was president of that Council of
Safety which exercised all the powers of the government until it was
constitutionally organized, when he was elected governor, in which
office, with the exception of one year, he was continued for eighteen
years. His educational advantages had been slight, but he was possessed
of a natural sagacity which enabled him to penetrate the character and
designs of others, and to perceive, without the process of reasoning,
the best course to pursue in any emergency. He was a masterful man, yet
carried his points without appearing to force them, and seemed to fall
into the ways of others while in fact he led them imperceptibly into his
own. His calm, strong features expressed the kindness of heart that his
acts were full of, such as refusing to sell for cash the abundant yield
of his acres, but reserving it for the relief of the people in a
foreseen time of need. Among the people with whom he had cast his lot,
his lack of polished manners was no discredit. Hearty friendship was a
better key to their affections, and his tall, athletic figure commended
him to the favor of the stalwart Green Mountain Boys.[81] Governor
Chittenden was eminently fitted for the times upon which he fell, and
for the place to which he was appointed, and he wisely guided the young
State through its turbulent infancy.
The first legislature met at Windsor in March, 1778, when a new trouble
arose. Sixteen towns east of Connecticut River applied for admission to
the new State of Vermont, on the frivolous plea that as New Hampshire,
under the original grant to John Mason, extended only sixty miles inland
from the sea, and its extension to the westward of this line had been
made by royal commissions to the governor of that province, the royal
authority being now overthrown, the people of the region were at liberty
to elect what jurisdiction they would be under; but, as afterward became
evident, the real object was to establish the seat of government on the
Connecticut River. At first there was little disposition to accede to
this petition, but it was also warmly urged by some of the Vermont river
towns, that threatened in case of refusal to unite with the New
Hampshire towns in establishing a new State. Whereupon the legislature
submitted the subject to the consideration of the people, who should
instruct their representatives how to act upon it at the adjourned
session of the assembly to be held at Bennington in June.
A few days before this session, Ethan Allen arrived at Bennington, his
once burly form gaunt and worn by the cruel captivity from which he had
just been released, but his bold spirit as robust as ever. The people
thronged into the little hamlet to greet their old leader, and, though
powder was scarce and precious, the rusty old cannon that had been
brought from Hoosic Fort years before to repel the rumored invasion of
Governor Tryon was roundly charged, and thundered forth a welcoming
salute of thirteen guns for the United States, and one for young
Vermont. In response to a letter from Washington, commending Allen's
unabated zeal in the cause of his country, Congress conferred upon him a
brevet commission of colonel. But he appears to have thought his
services more needed by his State than by the country, for he found the
land speculators of New York as rapacious under the republican Governor
Clinton as they were under the royal governors; and, after his return,
he took no active part in the military operations of the United States.
He was made brigadier-general of the militia of Vermont, a position that
he held till 1780, when, being accused of traitorous correspondence with
the enemy, he indignantly resigned it, at the same time declaring his
willingness to render the State any service within his power, a promise
he faithfully fulfilled during the few remaining years of his eventful
life.
In the time afforded by the adjournment of the assembly, the friends of
the proposed union managed to secure a majority of the legislature, and
when it met at Bennington thirty-seven of the forty-nine towns
represented were found in favor of the union. An act was passed
authorizing the sixteen towns to elect members to the assembly, and it
was resolved that other towns might be similarly admitted.
New Hampshire protested to Governor Chittenden against the union, and
instructed her delegates in Congress to seek the aid of that body in
opposing it. At the same time Vermont sent Ethan Allen to Congress to
learn its views concerning the union. He reported the proceeding was
regarded with such disapprobation that, if Vermont did not at once
recede, the whole power of Congress would be exerted to annihilate her,
and establish the rights of New Hampshire.
Thus Vermont became aware that she had not only incurred the enmity of
the New Hampshire government, until now so friendly that it tacitly
acknowledged the independence of the young State, but had also
strengthened the unfavorable feeling of Congress toward her. If the wily
politicians of New York had intrigued to accomplish these ends, they
could hardly have devised a more successful method. The action of the
succeeding legislature was unfriendly to the union, and in February,
1779, it was finally dissolved.
As all the Continental troops were withdrawn from Vermont, and as the
State was unable of itself to maintain a force sufficient to guard its
extended frontier, the frontier line was established at Pittsford, and
Castleton, where Forts Warren and Vengeance were held by small
garrisons. Fort Ranger at Rutland was more strongly garrisoned, and made
the headquarters of the state forces, and the inhabitants to the
northward on Otter Creek were directed to come within this frontier
line. When a captain of militia was called upon to furnish a certain
number of men for guarding the frontier or for other duty, it was
provided by law that he should divide his company into as many classes
as there were men required. Each class was obliged to furnish one man;
and if it failed to do so, the captain was empowered to hire one, and
each member of the class was obliged to bear his proportion of the
expense. This method met with general approval, but in the southeast
part of the State there were many malcontents, always unfriendly to the
government of Vermont. They were in constant correspondence with
Governor Clinton, who urged them to maintain a "firm and prudent
resistance to the draughting of men, the raising of taxes, and the
exercise of any acts of government under the ideal Vermont State." He
issued commissions for the formation of a regiment, in which about 500
men were enlisted.
In response to a request from General James Clinton, commanding the
Northern Department, the Board of War[82] ordered a levy of men "for
service of the State and the United States in guarding the frontier."
Writing to General Washington concerning this levy, Governor Chittenden
calls his attention to the destitute condition of the families of the
soldiers. In consequence of the late encroachments of the enemy, they
had been unable to harvest the crops already grown, or to sow the
"Winter Grain on which they have ever had their Greatest dependence
since the first settlement of this part of the Country. They are
therefore principally reduced to an Indian Cake in Scant proportion to
the number of their Families, & by the destruction of their Sheep by the
Enemy, their loss of them otherwise as well as their flax, their backs &
their bellies have become Co-Sufferers. In this deplorable situation,"
he continues, "they remain firm and unshaken, and ready on the Shortest
Notice to face their inveterate foe Undaunted;" but considering their
circumstances, he hopes they may not be kept in service during the
summer.
In compliance with the order of the Board of War, the captain of a
company in Putney divided his men into classes, in one of which was
comprised Captain James Clay and two others, all known to be active
partisans of New York. They refused to furnish their man, or the sum
required to pay the man obtained to represent them. Upon this the
sergeant of the company, having the proper warrant, seized two cows
belonging to these persons, and posted them for sale. On the day of
sale, a hundred of the adherents of New York, under the lead of their
colonel, rescued the cattle, and returned them to their owners. The
colonel soon learned that news of the affair had gone to the council at
Arlington, and apprehended that Ethan Allen and his Green Mountain Boys
might be sent to enforce the authority of the State, and he wrote to
Governor Clinton for advice and aid. The governor gave the one, and made
promises of the other, but never fulfilled them. Indeed, it would have
been very difficult to raise a military force for that purpose among the
inhabitants of the New York border, who were more in sympathy with the
people of Vermont than with their own aristocratic government. The men
who refused to submit to the rule of Vermont had not been called on by
New York to render any military service, nor to pay for any. If they
were exempted from service under Vermont, they would contribute nothing
to the common cause, and their exemption would encourage all who wished
to escape these burdens to join the opponents of Vermont, thus weakening
it and the whole country. Vermont acted promptly in the matter. Ethan
Allen was ordered to raise 100 men in Bennington County, and march to
the county of Cumberland, there to join his force with the militia of
that county under Colonel Fletcher, and assist the sheriff in enforcing
the law. The order was duly executed. Most of the leaders of the
opposition to Vermont in the county, and the principal officers of the
New York regiment, were arrested, taken to Westminster, where the court
was in session, and tried as rioters. Most of them were fined, and upon
payment of the fines, which were light, and satisfying the costs, were
soon discharged.
Complaint was, of course, made to Governor Clinton, and he in turned
complained to Congress; and while New York was pressing upon that body
its grievances, and its claims to the Grants, New Hampshire presented a
counter-claim to the same region. Congress appointed a committee of five
to visit the district, to confer with the people and learn their reasons
for refusing to submit to the claiming States, and to promote an
amicable adjustment of the dispute. Only two of the committee visited
Vermont, and though they conferred with Governor Chittenden, and exerted
themselves to bring about a reconciliation, their report to Congress was
not acted upon, as they did not constitute a quorum of the committee.
Massachusetts now set up a claim to the southern portion of Vermont,
founded on an ancient grant of the Plymouth Company. Congress urged the
three contesting States to submit the matter to itself for adjustment,
though Vermont, whose very life was at stake, was to have a hearing, but
no voice in the settlement of the difficulty. Its unacknowledged
government was enjoined to make no more grants of unoccupied lands, and
to exercise no authority over those inhabitants who did not recognize
it, while it patiently and silently awaited such dismemberment of its
territory as Congress should decree. New Hampshire and New York
promptly passed acts submitting the matter to Congress, but
Massachusetts failed to take such action.
Vermont refused to submit to the jurisdiction of the three claiming
States, and to an arbitrament that ignored her existence, but resolved
to "Support their right to independence at Congress and to all the
world," and to make grants of her unappropriated lands.
By direction of the governor and council, two pamphlets, strongly
setting forth the right of Vermont to independence, were prepared and
sent to leading men of the country, to generals of the army, and members
of Congress. One was Ethan Allen's "Vindication of the Opposition of the
Inhabitants of Vermont to the Government of New York, and their right to
Form an Independent State." The other was "Vermont's Appeal to the
Candid and Impartial World," by Stephen R. Bradley, in which it is
vigorously stated that Vermont could not submit to a plan believed to be
started by neighboring States; that Congress had no right to meddle with
the internal government of Vermont; that the State existed independent
of any of the thirteen United States, and was not accountable to them
for liberty, the gift of God; that it was not represented in Congress,
and could not submit to resolutions passed without its consent or
knowledge when all of value to it was at stake; that it was and ever had
been ready to share the burdens of the war, but after four years of war
with Great Britain, in which it had expended so much blood and treasure,
"it was not so lost to all sense and honor as to now give up everything
worth fighting for, the right of making their own laws and choosing
their own form of government, to the arbitrament and determination of
any man or body of men under heaven."
Ira Allen was sent to the legislatures of New Jersey, Pennsylvania,
Delaware, and Maryland to interest them in favor of Vermont.
Though Congress in September, 1779, had resolved to hear and determine
the dispute in the following February, when the time arrived this
business was postponed, and so on various pretexts it was for a long
time deferred. In fact, Congress did not dare to take a decided step
concerning it in any direction, fearing that by the one it might incur
the enmity of the claiming States, that by the other it might force the
warlike Green Mountain Boys into armed opposition to its authority. To
lose the support of the first, or to be obliged to spend the strength
that could ill be spared to subdue the latter, would alike be ruinous to
the common cause.
There is reason to believe that about this time a plot was brewing by
New York and New Hampshire to divide the bone of contention when
Congress should decide in favor of the first, as was confidently
expected it would. The line of the Green Mountains was to be the
boundary between these States; but the plan fell through in the New
York Assembly, where Mr. Townshend opposed it in behalf of those
adherents of New York living east of the proposed line, who would
thereby be placed beyond the limits of their chosen government.
On the 2d of June Congress resolved that the acts of "the people of the
Grants were highly unwarrantable, and subversive of the peace and
welfare of the United States, and that they be strictly required to
forbear from any acts of authority over those of the people who
professed allegiance to other States."
In reply to these resolutions, Vermont declared that they were
subversive of her rights, and incompatible with the principles on which
Congress grounded the right of the United States to independence, and
tended to endanger the liberties of America; that Vermont as an
independent State denied the authority of Congress to judge of her
jurisdiction, and boldly declared that, as she was refused a place among
the United States, she was at liberty, if necessitated, to offer or
accept terms of a cessation of hostilities with Great Britain, with whom
she had no motive to continue hostilities and maintain an important
frontier for the benefit of the United States, if she were not to be one
of them, but only to be divided between her covetous neighbors. Thus was
foreshadowed the policy which Vermont was soon forced to adopt for her
own preservation. The declaration closed with saying that, "from a
principle of virtue, and a close attachment, to the cause of liberty,
she was induced once more to offer union with the United States of
America."
In September some attempt was made in Congress to decide the contest.
New Hampshire and New York presented their claims, denying the right of
Vermont to independence. Ira Allen and Stephen R. Bradley were present
as agents of Vermont, but were not treated by Congress as
representatives of a State, or of a people invested with legislative
authority. They were permitted to attend Congress on the hearing of the
question, and protested against the manner of investigation which gave
Vermont no hearing as a State. They declared her readiness to submit
this dispute to the legislatures of one or more disinterested States,
but protested Congress had no right to determine it by virtue of
authority derived from the acts of one or more States who were but one
party in the controversy. Congress heard the evidence of both New York
and New Hampshire, and again postponed consideration of the troublesome
question.
But the action of Congress did not discourage or intimidate the young
commonwealth. She now assumed as aggressive an attitude as her neighbors
had borne towards her. Reaching to the eastward, she again drew to
herself that portion of New Hampshire whose people still desired the
union which Vermont on the disapproval of Congress had dissolved. Then
she stretched forth a welcoming hand to the people of that part of New
York lying east of the Hudson, who, left defenseless by their own
government, desired the better protection afforded by that of Vermont.
This bold grasp on the territory of New Hampshire and New York enlarged
her own to twice the extent Vermont had originally claimed, and
correspondingly increased her importance.
Furthermore, with supreme disregard of the injunctions of Congress,
Vermont was strengthening her position by the disposal of her
unappropriated lands to the citizens of other States, who thus became
interested in the establishment of her independence.
Her importance was also augmented by the negotiations which she was now
known to be conducting with General Haldimand, lieutenant-governor of
the Province of Quebec. Although the object of these secret negotiations
was not known to any but the parties engaged in them, Congress and the
country were greatly alarmed by fears of the possible result. A succinct
account of this correspondence is given in the following chapter.
FOOTNOTES:
[81] They were so proud of their stature, it was sometimes recorded on
their tombstones. The epitaph of Benjamin Carpenter, one of the founders
of the State, sets forth that "He left this world and 146 persons of
lineal posterity, March 29, 1804, aged 78 yrs. 10 mos. 12 days, with a
strong mind and full faith of a more glorious hereafter. Stature about
six feet, weight 200. Death had no terror."
[82] The governor and council.