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."