CHAPTER XVI.

ALLEN WITH GATES.--AT BENNINGTON.--DAVID REDDING.--REPLY TO

CLINTON.--EMBASSIES TO CONGRESS.--COMPLAINT AGAINST BROTHER

LEVI.--ALLEN IN COURT.

When Allen bade adieu to Washington at Valley Forge, he rode on

horseback to Fishkill with General Gates and suite, arriving at that

place on the 18th of May, 1778, the very day his brother Heman died

at Salisbury. The six or eight days occupied by the trip across New

Jersey seems to have been one of unalloyed enjoyment to the hero of

Ticonderoga. He tells us that Gates treated him with the generosity

of a lord and the freedom of a boon companion. That this intercourse

impressed Gates favorably with Allen his correspondence with General

Stark later demonstrates. On Sunday evening, the 31st of May, Allen

arrived at Bennington. The town being orthodox and Congregationalist,

Sunday is observed with Puritanic severity, but he finds the people

too jubilant for religious solemnity. The old iron six-pound cannon

from Fort Hoosac is brought out and fired in honor of the new state

of Vermont.

What changes have taken place during his three years' absence! His

only son is dead; his wife and four daughters are in Sunderland; two

brothers have become state officers. Levi Allen, one of the foremost

Green Mountain Boys in 1775, has now become a tory. Burgoyne has

swept along the western borders and has been captured. Allen's old

followers, under Seth Warner, have won renown at Quebec, Montreal,

Hubbardston, Bennington, Saratoga, and Ticonderoga. The constitution

has been formed and the state government organized. A legislature has

been elected, held one session, and adjourned to meet again this week.

One of the great spectacles of the Anglo-Saxon civilization had

been appointed for this time and place. A criminal, David Redding,

convicted of treason, was to be executed. Upon a petition for

rehearing on the ground that he had been convicted by a jury of only

six men, the governor had reprieved Redding until Thursday, the 11th.

The news of the reprieve, noised through the town, called together a

disappointed and angry crowd, in the midst of which Allen appeared,

mounted a stump, and cried: "Attention, the whole!" He then expressed

his sympathy with the people, explained the illegality of the trial,

and told them to go home and return in a week, and they "shall see

a man hung; if not Redding, I will be," and the appeased crowd

peaceably dispersed. In the next trial Allen was appointed state's

attorney to prosecute Redding, who was condemned.

Soon Allen's attention is called to the controversy between New York

and Vermont. In the preceding February, after the constitution was

adopted, before the government was inaugurated, Governor Clinton, of

New York, issued a proclamation ostentatious with apparent clemency

and generosity. Ethan Allen was selected as the proper man to expose

the pompous fraud. Clinton began by saying that the disaffection

existing in Vermont was partially justified by the atrocious acts

of the British government while New York was a colony, the act of

outlawry which sentenced Allen and others to death without trial, the

fees and unjust preference in grants to servants of the crown over

honest settlers, and he offered to discharge all claims under the

outlawry act, to reduce the New York quit-rents to the New Hampshire

rate, to make the fees of patents reasonable, and to confirm all

grants made by New Hampshire and Massachusetts.

Allen replied, in a pamphlet, that the British act of outlawry had

been dead by its own provision two and a half years, no thanks to

Clinton; that most of the grants of New Hampshire and Massachusetts

had been covered by New York patents, and that, as a matter of law,

it was impossible for New York to cancel her former patents and

confirm the New Hampshire grants, and he cited the opinion of the

lords of trade to that effect.

But Vermont was in a dangerous position in reference to New

Hampshire. A portion of that state had seceded and united with

Vermont. The two states had fought side by side, but now New

Hampshire had become unfriendly and remained so for years. The

governor and council, perplexed with the difficulty, appointed Allen

an agent to visit Congress and ask for advice. This is his first

embassy from Vermont to Congress. He reported that "unless the union

with New Hampshire towns is dissolved the nation will annihilate

Vermont."

His second embassy was with Jonas Fay, in 1779, to inform Congress of

the progress of affairs in Vermont.

His third embassy was in 1780, when he was chosen by the legislature

as the chairman of a very able and eminent committee, Stephen R.

Bradley, Moses Robinson, Paul Spooner, and Jonas Fay, to act as

counsel for Vermont before Congress against the ablest men of New

York and New Hampshire.

In 1779 he was sent to the Massachusetts court with a letter from the

governor asking for a statement of Massachusetts' claim to Vermont.

The reply was that Massachusetts claimed west from the Merrimac, and

three miles further north, to the Pacific. This included part of

Vermont.

It is noteworthy that Allen was elected a member of the legislature

from Arlington while his family lived in Sunderland, and he

called Bennington his "usual home." It is notable, also, that the

constitution required every member of the legislature to take an

oath that he believed in the divine inspiration of the Bible and

professed the Protestant religion, an oath which Allen refused to

take, and yet was allowed to act as a member.

It was in 1778 that Allen complained to the court of confiscation

that his brother Levi had become a tory; had passed counterfeit

Continental money; that under pretence of helping him while a

prisoner on Long Island, he had been detected in supplying the

British with provisions. He stated that Levi owned real estate in

Vermont and prayed that that estate might be confiscated to the

public treasury. For this act Levi afterward challenged Ethan to a

duel, but Ethan took no notice of the challenge.

In the spring of 1779 the Yorkers in Windham County wrote to Governor

Clinton that unless New York aided them, "our persons and property

must be at the disposal of Ethan Allen; which is more to be dreaded

than death with all its terrors."

In May the superior court sat at Westminster. Thirty-six Yorkers

were in jail. Their offence consisted in rescuing two cows from an

officer who had seized them because their owners had refused to do

military duty on the frontier or to pay for substitutes. Ethan Allen

was there by order of Governor Chittenden, with one hundred Green

Mountain Boys, to aid the court. Three prisoners were discharged

for want of evidence, three more because they were minors. Allen,

hearing of this, entered the court-room in his military dress, large

three-cornered hat profusely ornamented with gold lace, and a large

sword swinging by his side. Breathless with haste, he bowed to Chief

Justice Robinson and began attacking the attorneys. Robinson told

him the court would gladly listen to him as a citizen, but not as a

military man in a military dress. Allen threw his hat on the table

and unbuckled his sword, exclaiming: "For forms of government let

fools contest; whate'er is best administered is best." Observing

the judges whispering together, he said: "I said that fools might

contest, not your honors, not your honors." To the state's attorney,

Noah Smith, he said: "I would have the young gentleman know that

with my logic and reasoning from the eternal fitness of things, I

can upset his Blackstones, his whitestones, his gravestones, and his

brimstones." Then he continued:

Fifty miles I have come through the woods with my brave men

to support the civil with the military arm, to quell any

disturbances should they arise, and to aid the sheriff and court

in prosecuting these Yorkers, the enemies of our noble State. I

see, however, that some of them, by the quirks of this artful

lawyer, Bradley, are escaping from the punishment they so richly

deserve, and I find also, that this little Noah Smith is far from

understanding his business, since he at one moment moves for a

prosecution and in the next wishes to withdraw it. Let me warn

your honors to be on your guard lest these delinquents should

slip through your fingers and thus escape the rewards so justly

due their crimes.

Allen then put on his hat, buckled on his sword, and departed with

great dignity.

Ethan Allen, the Robin Hood of Vermont · 第 16 / 18 章