Vermont: A Study of Independence

by Rowland Evans Robinson

On the 5th of December resolutions quite hostile to Vermont were adopted by a vote of seven States, among whom were New Hampshire and New York, though, by a previous resolution of Congress, both were forbidden to vote on any question relative to the decision of this matter. The action of Vermont toward her rebellious inhabitants was denounced, and "the people inhabiting said district, claiming to be independent," were required to make full restitution to the persons who had been condemned to banishment, or deprived of their property by confiscation or otherwise, since the first of September, and that they be not molested on returning to their homes. It was declared that the United States would take effectual measures to enforce these resolutions in case they were disobeyed. Persons holding commissions under New York or the "district claiming to be independent" were forbidden to exercise authority over any inhabitants of said district, contrary to the resolutions of September 24, 1779, and June 2, 1780. A copy of these resolutions was transmitted to "Thomas Chittenden, Esq., of Bennington, in the district aforesaid, to be communicated to the people thereof."[91] A month later Governor Chittenden returned a forcible and spirited answer, reminding Congress of its solemn engagements to Vermont, and giving an extract from Washington's letter to him advising the restriction of the limits of Vermont, which advice had been complied with, in full reliance on the faith and honor of Congress to fulfill its agreement. The right of Congress to control the internal police of the State, from which it had never received any delegated power, was denied. If Congress attempted to carry out its threat of coercion, Vermont would probably appeal to General Washington, who, with most of the inhabitants of the contiguous States, favored the independence of the State. "Would it not, then," he asked, "be more prudent to refer this dispute to New York and Vermont than to embroil the confederacy of the United States therewith?" The course pursued toward the rebellious persons was justified on the ground that nearly all of those banished or fined had taken the oath of allegiance to Vermont, and were, according to the resolutions of Congress itself, amenable to no laws or regulations but those of Vermont. The remonstrance closed by earnestly soliciting the admission of Vermont to the Union, "agreeable to the before cited preliminary agreement, which the committee of Congress have reported has become absolute and necessary on their part to be performed, and from which this State will not recede."

When the legislature met in February, Governor Chittenden laid before it the resolutions of Congress, which called forth a remonstrance quite as spirited as his own. It declared the willingness of Vermont to comply with every reasonable requirement of Congress; "but when Congress require us," it continues, "to abrogate our laws and reverse the solemn decisions of our courts of justice in favor of insurgents and disturbers of the public peace, we think ourselves justified to God and the world when we say we cannot comply with such their requisitions." "It would be licensing factious subjects to oppose government with impunity." "As we have, from the commencement of the war, braved every danger and hardship against the usurpations of Britain in common with the United States, as our inherent right of sovereignty and jurisdiction stands confessed upon the principles of the Revolution, and implied by the solemn transactions of Congress, we cannot but express our surprise at the reception of the late resolutions of Congress."

The remonstrance of Governor Chittenden was printed and extensively circulated, especially among the officers of the Continental army, to inform them of the merits of a controversy in which they might soon be called upon to take part. General Washington's letter being referred to in it, he laid it and the one to which it was an answer before Congress, and at the same time wrote to Mr. Jones, a member of that body, reminding him that the committee on these affairs, of which he was a member, had approved of the reply to Governor Chittenden. He was sure that Vermont had a powerful interest in the New England States, and with regard to the enforcement of the resolutions of Congress by the army he wrote: "Let me ask by whom that district of country is principally settled? And of whom is your present army (I do not confine the question to this part of it, but will extend it to the whole) composed? The answers are evident,—New England men. It has been the opinion of some that the appearance of force would awe those people into submission. If the General Assembly ratify and confirm what Mr. Chittenden and his council have done, I shall be of a very different sentiment, and, moreover, that it is not a trifling force that will subdue them, even supposing they derive no aid from the enemy in Canada; and that it would be a very arduous task indeed if they should, to say nothing of a diversion which may and doubtless would be made in their favor from New York if the war with Great Britain should continue." He could not say that there "would be any difficulty with the army if it were to be ordered on this service," but "should be exceedingly unhappy to see the experiment." There would be "a general unwillingness to imbrue their hands in the blood of their brethren."

The threat of Congress certainly had not the effect of awing Vermont into any compliance with its behests, and if more than a threat was ever intended, nothing beyond it was ever attempted.

No reparation was made to the offenders who had been so summarily dealt with; and when two of the banished men ventured to return, they were seized and imprisoned, but were released on their promise of submission to the laws of the State. When opposition was offered serious enough to require it, the militia was properly called out to enforce the civil authority; and the sturdy little commonwealth continued to exercise its jurisdiction unmolested by Congress, though the legislature of New York seethed with wrath and boiled over in protests and complaints.

Constable Oliver Waters had made himself particularly obnoxious to the New York party by his activity in making arrests, and while he was lodging at an inn in Brattleboro the house was attacked by twenty or thirty men. After firing through the doors and windows and wounding two of the inmates, they made forcible entry, and, seizing Waters, carried him into Massachusetts, intending to deliver him to Governor Clinton at Poughkeepsie, but he was taken from them by a rescue party and brought safely to Vermont. This affair was the cause of vigorous action against the insurgents, several hundred of the militia turning out to aid the state troops. Several of the ring-leaders were taken, and several fled into Massachusetts, whither they were not pursued.

In February a new act was passed making punishable by death the levying of war against the State by any citizen thereof. At the same time the governor and council were given discretionary power to grant pardons, during the recess of the legislature, to offenders "who should appear penitent and desirous of returning to their duty." In the following month all active opposition to the jurisdiction of Vermont ceased, and the troops were gradually withdrawn from Windham County. Many of the disaffected persons were granted pardons and the restoration of their confiscated property on taking the oath of allegiance. Among these was Charles Phelps, who had been one of the most inveterate opponents of Vermont, but who now became a peaceable citizen of the State, and so continued during the remainder of his life. Many of the adherents of New York removed to lands on the Susquehanna, granted them by that State.

New York made complaint to Congress of the employment of troops by Vermont to reduce residents thereof who professed allegiance to New York, and again urged the intervention of Congress. Being apprised of this, Governor Chittenden wrote a pungent letter to the president of Congress. "It seems they are willing Congress should settle this dispute," he says of New York, "as they have a mind, but not otherwise." Referring to the desire expressed by New York that she might not be blamed if blood was shed in the assertion of her authority: "As to this bloody proposition, the council of this State have only to remark that Vermont does not wish to enter into a war with the State of New York, but she will act on the defensive, and expect that Congress and the twelve States will observe strict neutrality, and let the two contending States settle their own controversy." Referring to the suppression of the malcontents, he wrote: "This matter has been managed by the wisdom of the legislature of this State, who consider themselves herein amenable to no earthly tribunal." Congress was reminded of the impropriety of permitting New York and New Hampshire to vote on any motion which came before it respecting Vermont, contrary to the express resolution of September, 1779, though it appeared they had ever since done so. In conclusion, the desire of Vermont for a confederation with the United States was reiterated. This letter was referred to the same committee to which the representation of New York, and other papers relating to Vermont, had been committed. On the 29th of May, 1783, it reported in favor of Vermont, reciting the resolutions of August, 1781, and offering one recognizing the independence of the State, and admitting it into the Union. A few days later the New York delegates moved the postponement of another matter that this report might be taken up, but only New York and New Hampshire voted in favor of the motion. This was the last action taken by the Continental Congress in relation to Vermont, with whose affairs it thenceforth offered no interference.

By the treaty of peace with Great Britain signed at Paris on the 3d of September, 1783, Vermont was included in the territory belonging to the United States. But she was in fact thenceforth, till her admission to the Union, what the legend[92] on her copper coins declared her to be, "The Republic of the Green Mountains," and independent of every other government.

A standard of weights and measures was prescribed, the value of coins regulated, and a postal service established, the rates of postage being the same as those of the United States, for the superintendence of which a postmaster-general was appointed, and the post-riders were given the exclusive right of carrying letters and packages. The mails were carried on horseback, and in their long and lonely routes the riders encountered much discomfort of storm and cold on roads always bad, often worse with blockades of snow or bottomless quagmires. The post-offices were for the most part a shelf in the great tavern bar, inconspicuous among the array of bottles and decanters that were in more frequent demand; or a drawer in the village store, into which the infrequent letters and few newspapers were promiscuously tumbled, to be searched through on demand of each inquirer. The furniture of one central office is still preserved,—a great chest of three drawers, each bearing in large letters the name of a town.