GHAPTER VI. INCIDENTS, LEGISLATION, EMBARGO, SMUGGLING AND INTERNAL AFFAIRS In 1808, there was a matter of considerable magnitude that arose growing out of an attempt in the general government to enforce the "land embargo" law, of March 12, 1808. It was openly declared, especially by smugglers, that the inhabitants on Lake Champlain would never submit to enforce that law. On Aug. 3, 1808, a party of twelve of the Vermont militia had captured a notorious smuggling vessel, called the Black Snake, then moored in Winooski river, and as they were taking it down the river to the lake, the smugglers frequently fired upon them, killing Elias Drake of Clarendon and Asa Marsh of Rutland and wounding Lieutenant Daniel Farrington of Brandon. A murderous wall-piece, charged with fifteen bullets, slugs, and buck-shot was discharged among them. Jonathan Ormsby of Burlington who joined the government party to aid in arresting the murderers was killed as was Asa Marsh. The smugglers were all seized but two who then escaped, but afterwards were arrested. On Aug. 23, 1808, a special term of court was held; and at that time the grand jury returned true bills against Samuel I. Mott of Alburgh, William Noaks, Slocum Clark and Truman Mudgett of Highgate, Cyrus B. Dean and Josiah Pease of Swanton, David Sheffield of Colchester, and Francis Ledyard of Milton. These men were tried for the crime charged against them. Mott and Dean were convicted of murder; Dean was sentenced to be hung on Oct. 28, 1808, but his sentence was respited till the 11th day of November 1808, when the sentence was carried into execution at Burlington. Sheffield and Ledyard were also convicted of the crime charged against them. Mott and Sheffield were granted new trials, both of whom with Ledyard were convicted of manslaughter at the January term of the court 1809. These three men were sentenced to stand one hour in the pillory, be confined ten years in the State prison, and pay cost of prosecution, and in addition to those penalties, Mott and Sheffield received fifty lashes. The three were pardoned by the Governor: Ledyard, Nov. 12, 1811; Sheffield, Nov. 4, 1815; and Mott Oct. 15, 1817. The sentiment of a large majority of the people of the State of Vermont were against the national embargo law as it was oppressive and worked against the interests of Vermont, and, therefore, the people of Vermont were not enthusiastic for its enforcement and gave lukewarm obedience to it. At the special term of the Supreme Court, held in January 1809, at Burlington, the grand jury published an address to the freemen of Chittenden County, in which they declared that, beyond the Black Snake affair, "in which strangers were principally the actors, we view with satisfaction and admiration, the loyalty and patience of our fellow citizens, and that the charge of Insurrection and Rebellion, lately exhibited against them, are vile aspersions against the honor and the dignity of this county." Evidently the jury did not favor the President's policy of the national government respecting the embargo act. It is not the purpose of the writer at this time to go into a full consideration of the embargo act and the policy of the national government respecting it, but it will be further considered when we come to consider the causes of the war of 1812, in Chapter VII. Governor Tichenor in his speech to the Council and House of Representatives in 1808, well voiced the sentiment of Vermont when he said: : "The business which our constituents have constitutionally assigned to their General Assembly, embracing the civil and political interests of the State, is the great object which will necessarily engage your attention. It cannot be concealed but these have been conisderably affected by a late law of the United States and the measures pursued to enforce it. Among a people accustomed to honest industry, and under a government which had permitted them freely to dispose of the fruit of their labor, as a natural and unalienable right, it was to be feared there might exist a strong disposition to evade its restrictions. Nothing but an appeal to their patriotism, and strong conviction of the utility of the measure, could enforce obedience to a law which in its operation blighted the best hopes of the laborer and destroyed every incentive to useful and honorable enterprise. While therefore we regret the stain upon the character of a respectable portion of our citizens, in consequence of the conduct of a few, who had violated a law of the government, suspending our commerce by an embargo without limitation, we sincerely regret that the law was not accompanied with that evidence of national necessity or utility which at once would have commanded obedience and respect. We also must as sincerely deplore that, instead of an application in the first instance to the civil authority, in common with my fellow citizens, the evils which result from that law, I cannot but hope that the wisdom of the national Legislature will induce an early repeal of the same. If however this should not be deemed wise or expedient, I must strongly enjoin the necessity of a quiet submission to the privations and inconveniences that may be experienced, until we are relieved in a constitutional way." On Nov. 3, 1808, the United States Circuit Court commenced a special session at Burlington, held by Brockholst Livingston and Elijah Paine, Judges, when Frederick Job and John Hoxie were tried for high treason, in levying war against the United States, but they were speedily acquitted by the jury. The following statement or confession was made by Benjamin Whitcomb in his last sickness, to David Goodall, Esq. of St. Johnsbury, asserting that he, during the war between the Americans and the British, on orders from Washington to shoot a British General in retaliation for the wanton massacre of Americans by British Indians and their officers, went from Ticonderoga into Canada and shot Gen. Gordon, and received a Major's commission therefor. Washington characterized the shooting of Gordon as assassination. It was stated in Thompson's Vermont Gazetteer, that Whitcomb shot General Gordon in July 1776, and took his sword and watch, but in a letter of June 12, 1777, found in Anbury's Travels, a British account in detail was given of the affair, and in that account no robbery was charged against Whitcomb, and no responsibility against any American officer. The General in command at Ticonderoga, expressed his diapprobation of the act in the highest terms, and Whitcomb to effect a reconciliation, promised to capture a British officer; he captured a friend of Anbury at the very spot where Gordon had been shot. A very important affair to the public and unfortunate for the individual concerned, occurred at the Legislature. Abel Spencer a member of the Legislature from Rutland, and a former speaker of the House, was charged with highly dishonorable conduct. A committee was appointed to investigate the charges against him; he was found guilty by the committee of feloniously taking ninety-three dollars in bank bills, the property of three other members of the House. He was by a unanimous vote of the House expelled from his seat in the Legislature. |