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MONG the many serious troubles that menaced the existence of the new State government was

the vigorous opposition of a faction in Cumberland county, which was determined to maintain the authority of New York in that portion of Vermont. At a meeting of committees representing the towns of Brattleboro, Fulham, Guilford, Hinsdale, Putney, Rockingham, Springfield, Weathersfield and Westminster, held at Brattleboro May 4, 1779, a petition was signed and forwarded to Governor Clinton, alleging that a state of anarchy existed and asking for the protection of New York. It was claimed that Vermont partisans had confiscated and sold valuable property, intimidated the citizens of New York, and brought about a situation that could not long be endured.

About this time a Captain of a Vermont militia company, residing in Putney, ordered Capt. James Clay and two other persons, claiming to be citizens of New York, to provide a man to go into service to guard the frontiers. This service having been refused a substitute was secured, and the expense was charged to Captain Clay and his associates. As they declined to pay the charges, two cows were seized and ordered to be sold. On April 28, the day appointed for the sale, nearly one hundred New York partisans under the leadership of Col. Eleazer Patterson took possession of the cattle and returned them to their owners. Fearing that this might not be the end of the matter, Colonel Patterson reported the affair to Governor Clinton, informing him that Colonel Fletcher of Vermont had gone to Arlington, presumably to secure assistance to enforce the

authority of the new State. He suggested, therefore, the necessity of having the militia of Albany county held in readiness to attack the Vermonters if the latter should attempt to enforce their authority in Cumberland county. Patterson claimed to have nearly five hundred officers and men under his command, poorly armed and equipped. Governor Clinton replied, urging firmness and prudence and no submission to Vermont authority unless the alternative was "inevitable ruin," desiring to take no further step until the sentiment of Congress could be learned.

Colonel Patterson's suspicions were well founded, and the Vermont Council in May ordered Ethan Allen to engage one hundred volunteers in Bennington county, and march them across the Green Mountains to assist the Sheriff in enforcing the civil authority of Vermont.

In a report made to Governor Clinton by Samuel Minott, chairman of the Cumberland county committee favorable to New York, it appears that Allen and a party of Green Mountain Boys appeared in the county on May 24, well armed and equipped, and made prisoners of Colonel Patterson, Lieutenant Colonel Sargent, all the militia officers in Brattleboro with one exception, the militia officers in Putney and Westminster and some other persons. The letter, after alluding to the critical situation of the people, urged that speedy and effectual relief be sent, adding: "Otherwise our persons and property must be at the disposal of Ethan Allen, which is more to be dreaded than death with all its terrors." Clinton threatened to send the greater part of one thousand men raised for the defence of the frontiers, to

Brattleboro, for the protection of that and adjacent towns unless the interposition of Congress should render such a step unnecessary. The New York delegates on May 22 had introduced a series of resolutions in Congress which provided that the extent of boundaries of the thirteen States should be considered the same as those of the thirteen colonies, and that "no part of any one of them should be permitted to separate therefrom, and become independent thereof, without the express consent and approbation of such State." These resolutions, together with a letter from Governor Clinton concerning the Cumberland county disturbance, were taken up in committee of the whole on June 1. After discussion, resolutions were adopted "almost unanimously," most of the New England members supporting them, that a committee be appointed to visit the New Hampshire Grants, confer with the inhabitants, and learn the reasons why the people of that district refused to acknowledge the authority of New York. It was declared that "as Congress are in duty bound on the one hand to preserve inviolate the rights of the several States; so on the other, they will always be careful to provide that the justice due to the States does not interfere with the justice which may be due to individuals.” These nicely balanced resolutions really committed Congress to nothing definite, and there was no particular reason for opposition from members who had been friendly to Vermont. On the following day the committee was appointed consisting of Oliver Ellsworth and Jesse Root of Connecticut, Timothy Edwards of Massa

chusetts, John Witherspoon of New Jersey and Samuel Atlee of Pennsylvania.

Meanwhile Governor Clinton was protesting vigorously against the fact that Congress had "passed over in profound silence" his remonstrance against the arrest and imprisonment of the New York officers in Cumberland county, and intimating that the Vermont leaders had received encouragement from several members of Congress. He wrote General Washington early in June complaining because Congress had not adopted measures which would have relieved New York "from the cruel necessity" which seemed likely to compel the State to oppose force with force. He requested that six brass cannon belonging to the State be returned and intimated that the flour the Legislature had authorized him to collect might be needed elsewhere, and that the militia intended for the Continental forces might have to be employed in supporting the authority of the State.

The Cumberland county officers arrested by Vermont authority were released without a fine, after being cautioned against further offences, as it was considered a wise policy to be lenient in meting out punishment, the power of the new commonwealth having been demonstrated. Ethan Allen's expedition into Cumberland county resulted in the arrest of several "gentlemen of property and great respectability," who were partisans of New York. They were confined in prison at Westminster and an unsuccessful attempt was made by their friends to raise the militia of New Hampshire to rescue them. Although the prisoners, under the Vermont law, might have been chastised with forty stripes save one,

they were dismissed after small fines had been imposed, and the jurisdiction of a Vermont court had been acknowledged. Ira Allen is authority for the statement that "this lenient measure established the power and laws of Vermont in the hearts of the people, and made such an impression on the minds of the late prisoners that within two years they filled some of the first offices of that State." Governor Chittenden also issued a general pardon, comprehensive in its terms, designed to cover offences committed in Cumberland county.

Only two members of the Congressional Committee, Doctor Witherspoon and Colonel Atlee, visited Vermont. That they were in Bennington on June 23 is indicated by a letter written by them on that date to Samuel Minott, leader of the New York party in Cumberland county, in which it was requested that his followers voluntarily raise their full proportion of men, when a call was issued, either by the Continental officers or the new State, until special directions were received from Governor Clinton. Governor Chittenden, it was said, had promised not to molest them until matters in dispute were settled, quiet and order were maintained and the requests of the Committee of Congress were honored. Among the questions propounded to Governor Chittenden by the committee on June 24, was one asking if the people would be willing to acknowledge the jurisdiction of New York provided their landed property were secured. He replied that they were in the fullest sense as unwilling to be under the jurisdiction of New York as they could imagine America would be to submit to the power of Great Britain.

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