Vermont was ushered into political existence midst storm and tempest. We speak both metaphorically and literally; for it is a curious historical fact, that her constitution, the result of the first regular movement ever made by her people towards an independent civil government, was adopted during the darkest period of the revolution, at an hour of commotion and alarm, when the tempest of war was actually bursting over her borders and threatening her entire subversion. And, as if to make the event the more remarkable, the adoption took place amidst a memorable thunder-storm, but for the happening of which, at that particular juncture, as will soon appear, that important political measure must have been postponed to a future period, and a period, too, when the measure, probably, would have been defeated, and the blessings of an independent government forever lost, owing to the dissensions, which, as soon as the common danger was over, New York and New Hampshire combined to scatter among her people. The whole history of the settlement and organization of the state, indeed, exhibits a striking anomaly when viewed with that of any other state in the Union. She may emphatically be called the offspring of war and controversy. The long and fierce dispute for her territory between the colonies above named had sown her soil with dragon teeth, which at length sprang up in a crop of hardy, determined, and liberty-loving men, who, instead of joining either of the contending parties, soon resolved to take a stand for themselves against both. And that stand, when taken, they maintained with a spirit and success, to which, considering the discouragements, difficulties, and dangers they were constantly compelled to encounter, history furnishes but few parallels. But although every step of her progress, from the felling of the first tree in her dark wilderness to her final reception into the sisterhood of the states, was marked by the severest trials, yet the summer of 1777—the period to which the remainder of our tale refers—was, for her, far the most gloomy and portentous. And still it was a period in which she filled the brightest page of her history, and, at the same time, did more than in any other year towards insuring her subsequent happy destiny.

In the beginning of this eventful year, the people of Vermont, by their delegates in formal convention assembled, had declared themselves independent—

as the poet, who has furnished us the heading of this chapter, and who has so strikingly embodied the feelings of those he describes, has significantly expressed it. And having taken measures for publishing their declaration to the world, the convention closed their proceedings by appointing a committee, selected as combining the most happily an acquaintance with form and precedent with a knowledge of the ways and wants of the people, to draft a constitution to be submitted to a new convention, which the people were invited to call for that purpose. In response to that call, a new convention assembled at Windsor, in the month of July following, and proceeded, with that diligence and scrupulous regard to the employment of their time for which the early public bodies of this state were so noted, to take into consideration the important instrument now submitted to them as a proper basis on which to erect the superstructure of a civil government, suited to the genius and necessities of an industrious and frugal people—a people who, though keenly jealous of their individual rights, and exceedingly restive under all foreign authority, had yet declared their willingness, and even their wish, to receive and obey a system of legal restraints, if it could be one of their own imposing. For five days, from rising to setting sun, this convention employed the best energies of their practical and enlightened minds in discussing and amending the document before them. But their labors for the present, if not forever, had well nigh been lost, for, soon after they had assembled, on the sixth day of their session, and while they were intently listening to the reading of the instrument for the last time before taking a final vote on its adoption their proceedings were suddenly brought to a stand by the alarming news, loudly proclaimed by a herald, who appeared on his foam-covered horse before their open door, that Ticonderoga, the supposed impregnable barrier of frontier defence, had fallen, and our scattered troops were flying in every direction before a formidable British army, that was sweeping, unopposed, along the western border of the state, flanked by a horde of merciless savages, from whose fearful irruptions not a dwelling on that side of the mountains would probably be spared!

This intelligence, so unexpected and so startling, too nearly concerned the members of the convention, not only as patriots, but as men, to permit their entire exemption from the general consternation and dismay which were every where spreading around them; and many a staid heart among them secretly trembled for the fate of the near and dear ones left at homes in which the red tomahawk might, even at that very moment, be busy at its work of death; while the bosoms of all were burning to be freed from their present duties, that they might seize the sword or musket and fly to the relief of their endangered families, or mingle in the common defence against the haughty invaders of their soil. Any further proceedings with the subject on hand, at such a moment, were soon perceived to be utterly impossible; and a majority f the members began to press eagerly for an immediate adjournment. But while a few of their number, sharing less than the rest in the general agitation, or being more deeply impressed with the importance of accomplishing, at this time, an object now so nearly attained, were attempting to resist the current, and prevent any action on the motion to adjourn, till time was gained for reflection, an unwonted darkness, as if by the special interposition of Providence, suddenly fell upon the earth. The lightnings began to gleam through the dark and threatening masses of cloud that had enveloped the sky, and the long, deep roll of thunder was heard in different quarters of the heavens, giving warning of the severe and protracted tempest which soon burst over them with a fury that precluded all thought of venturing abroad, The prospect of being thus confined to the place for some hours, and perhaps the whole day, taking from those moving it all inducement for an immediate adjournment, they now began to take a cooler view of their situation; and soon, by common consent the business on hand was resumed. The reading of the constitution was finished; and, while the storm was still howling around, and the thunders breaking over them, that instrument was adopted, and became the supreme law of the land. [Footnote: Through inadvertence arising out of the unsettled state of the times, or design among the leaders who might have fears for the result, the constitution was never submitted to the people for their ratification or rejection; but, no questions ever being raised on account of this informality it was acquiesced in as valid and binding.]

One thing more remained to be done; and that was, to constitute a provisional government to act till the one pointed out by the constitution just adopted could be established. This was now effected by the appointment of that small body of men since known as the Old Council of Safety of Vermont, and noted alike for the remarkable powers with which they were clothed, and the remarkable manner in which those powers were exercised; for, from the nature of the case, and the emergency in which these men were called to act, they were almost necessarily invested with the extraordinary combination of legislative, judicial, and executive power. But this power, absolute and dictatorial as it was, they never abused or exercised but for the public good; and in this they were cheerfully sustained by the people, who felt that they were thus not only sustaining the cause of freedom, but the laws which were of their own providing, and which they were anxious should be obeyed.

To that unique assembly, of whose origin we have been speaking, we propose next to introduce the reader. In obedience to an order of the convention, issued at the moment of its hasty dissolution, near the close of the memorable day before described, the different members of this newly-appointed body, many of whom, it is believed, were also members of the one just dissolved, had promptly convened at Arlington. But finding themselves here endangered by the near vicinity of the enemy, they had adjourned into the more interior town of Manchester, within whose barricade of mountains they could proceed with their deliberations with little fear of interruption. And here, conscious that the eyes of all were turned anxiously upon them, in the expectation that they would provide for the safety of the infant state, whose destinies had been committed to their hands, they commenced the worse than Egyptian task devolving on them—that of making adequate provisions for the public defence, while the means were almost wholly wanting; for with scarcely the visible means in the whole settlements in its then exhausted and unsettled condition, of raising and supporting a single company of soldiers, they were expected to raise an army. Without the shadow of a public treasury, without any credit as a state, and without the power of taxing the people,—which, by the constitution just adopted, could only be done by the legislature not yet called,—they were required to do that for which half a million of money might be needed. Such were the difficulties by which they were met at the outset—difficulties which, to men of ordinary stamina and mental resources, would have been insurmountable. But these were not men of ordinary stamina, either moral or mental. They had been selected by the representatives of the people for the qualities which would fit them to guide the helm of state in this difficult and alarming crisis. And, unshrinkingly proceeding to the discharge of their high responsibilities, they soon evinced, by their conduct, that the confidence reposed in them had not been misplaced; for the glorious results of the field of Bennington, and the incessant and harassing warfare on the flanks of the enemy which both preceded and followed that event, and which drew forth from its despairing leader his best apology for his defeat and surrender, were, far more than is generally supposed, the fruits of the combined energy and talents of that unequalled little band of patriots and statesmen. [Footnote: A finer tribute of praise to the Green Mountain Boys could scarcely have been given, than the one involved in Burgoyne's letter to Lord Germain, written about the time of the battle of Bennington, in which he says, “The Hampshire Grants, a country unpeopled, and almost unknown, in the last war, now abounds in the most active and the most rebellious race of men on the continent, and hangs like a gathering storm on my left.”] But the particular time we have chosen for lifting the curtain from their secret proceedings was at the darkest and most disheartening hour they were doomed to experience, and before the united mind of their body had been brought to bear on any measure which afforded a reasonable promise of auspicious results. The army of Burgoyne was then hovering on their borders in its most menacing attitude. Marauding parties were daily penetrating the interior, and plundering and capturing the defenceless inhabitants, while each day brought the unwelcome news of the defection of individuals who had openly gone off to swell the ranks of the victorious enemy to whose alarming progress scarcely a show of resistance had yet been interposed. Nor was this the end of the chapter of trials and discouragements that awaited the council. Another blow was to be added, more calculated than all to test their firmness and bring home to their bosoms a sense of the perils of the crisis, and the necessity of immediate action, unless they should conclude to yield at once to the current of destiny which seemed to be setting so strongly against them. But let us present the mortifying and disgraceful event, to which we last alluded, in another form, in which the historic pen, that thus far in this chapter has only been employed, may be legitimately aided by the pencil of fancy, while we bring the leading individuals of this body to view, and sketch the details of a scene as truthful in outline as it was important in result.

The long summer day was drawing to a close. It had been thus far spent by the council, as had been the several preceding days of their session, in discussing the subject of the ways and means of doing something to avert the doom that hung over their seemingly devoted state. But up to this hour their deliberations had been wholly fruitless. Project after project for the means of raising military forces had been brought forward and discussed; and each in turn had been thought to be impracticable, and had been consequently abandoned, till, wearied with their unavailing labors, and discouraged at the dubious prospect before them, they now began to think of giving up business for the day, when the door-keeper, with unwonted haste and an agitated manner, entered the room, and announced to the astonished members of the council the alarming tidings that one of their own body, and, until that day, an active participator in their discussions, had proved a Judas, and was now, with a band of his recreant neighbors, on his way to the British camp. The news fell like a thunder-clap on the council, producing, at first, a sensation not often witnessed in so grave an assemblage. But no formal comments were offered; and, after the commotion had subsided, all sunk into a thoughtful silence, which we will improve by our promised introduction to the reader of the leading members of the council.

Separated from the rest by a sort of enclosure composed of tables strung across one end of the apartment, which was a large upper room of an inn, hastily fitted up for the occasion, conspicuously sat the president of the council, the venerable Thomas Chittenden, the wise, the prudent, and the good, who was to Vermont what Washington was to the Union; and who, though not possessing dazzling greatness, had yet that rare combination of moral and intellectual qualities which was more fortunate for him—good sense, great discretion, firmness, honesty of purpose, benevolence, and unvarying equanimity of temper, united with a modest and pleasing address. And by the long and continued exercise of this golden mean of qualities, he was destined to leave behind him an honest, enduring fame—a memorial of good deeds and useful every-day examples, to be remembered and quoted, both in the domestic circle and in the public assembly, when the far superior brilliancy of many a contemporary had passed away and been forgotten. He was now something over fifty; but so fine were his physical endowments, and so temperate and regular had been his habits, that time had scarcely left a trace on his manly brow; and his fair and well-moulded features had almost the freshness of youth. And notwithstanding the unpretending simplicity of his deportment, and the extreme plainness of his dress, the large arm-chair, in which he now reclined, furnished probably by some considerate matron of the neighborhood for his special convenience, could not have found, in the broad land, an occupant who would have filled it with more native dignity, or one better fitted to restrain by courteous firmness, and by tact guide into safe and appropriate fields of action, the less disciplined and more fiery spirits of the body over which he presided.

Let us now take a glance at the more prominent members of this notable little band of public conservators. Here, immersed in thought, sat, side by side, like brothers, as they were, the two Fays, those intelligent, enterprising, and persevering friends of freedom and state independence. And there sat the two Robinsons, alike patriotic, and active, or able, according to the different spheres of action in which they were about to be distinguished—one in the tented field, and the other on the bench and in the national councils. In another place was seen the short, thick-set form of the uncompromising Matthew Lyon, the Irish refugee, who was willing to be sold to pay his passage to America, for the sake of getting out of the despotic moral atmosphere of the old world, into one where his broad chest, as he was wont to say, could expand freely, and where his bold spirit could soar unclogged by the trammels of legitimacy. In his eagle eye, in every lineament of his clear, ardent, and fearless countenance, indeed, might be read the promise of what he was to become—the stern democrat, and the well-known champion of the whole right and the largest liberty. In contrast to him, near by was seen the tall, commanding form, and the firm and thoughtful countenance, of Benjamin Carpenter, who had just arrived, with pack and cane, from Guilford, from which he had that day come on foot by a route designated by marked trees, through the mountain wilderness, nearly thirty miles in extent. Farther on, and seated before an open window, was Thomas Rowley, the first poet of the Green Mountains. He was here because he was a public favorite, a trusty patriot, and something of a statesman. But, like most other poets, he was not without his peculiarities of temperament, as might have been seen by his manner and movements even in this staid assembly; for, as if disgusted with a tedious and profitless debate, and determined also not long to be troubled by the disconcerting news just announced, he had now evidently cast these cares from his mind, to indulge in the more congenial employment of gazing out upon the landscape, over which his kindling eye might have been seen to wander, till it rested, in rapture, on the broad empurpled side and bright summit of the lofty Equinox Mountain, whose contrasted magnificence was growing every moment more striking and beautiful in the beams of the low-descending sun. On the opposite side of the room stood the mild and gentlemanly Nathan Clark, the future speaker of the first legislature of Vermont; and by his side, the dark and rough-featured Gideon Olin, an embryo member of Congress, was leaning against the wall, with a countenance of mingled sternness and gloom.

By the side of one of the tables, in front of the president, might also have been seen the stout, burly frame, and the matter-of-fact and business-like countenance, of Paul Spooner, engaged in writing a despatch. And as the last, though not as the least, among the strongly-contrasted characters of this assembly of whom we propose to take note, let us turn to the youthful secretary of the council, Ira Allen. So much the junior of his colleagues was he, indeed, that a spectator might well have wondered how he came to be selected as one of such a sage and elderly body of councillors. But those who procured his appointment knew full well why they had done so; and his history thenceforward was destined to prove a continued justification of their high opinion of him. He was of an active, mercurial turn, and, as might have been seen, was not inclined to remain long in one place or posture. He had now thrown aside his rapid pen, and, with a quick, light step and deeply-cogitating air, was traversing back and forth the open space between his table, in front of the president, and the closed door of the apartment. Both in form and feature, he was one of the handsomest men of his day; while a mind at once versatile, clear, and penetrating, with perceptions as quick as light, was stamped on his Grecian brow, or found a livelier expression in his lucid black eyes and other lineaments of his strikingly intellectual countenance. Such as he appeared for the first time on the stage of public action was the noted Ira Allen, whose true history, when written, will show him to have been, either secretly or openly, the originator, or successful prosecutor, of more important political measures, affecting the interests and independence of the state, and the issue of the war in the Northern Department, than any other individual in Vermont, making him, with the many peculiar traits of character he possessed, one of the most remarkable men of the times in which he so conspicuously figured.

“I have finished, Mr. President,” said Spooner, now breaking the gloomy silence which had, for an unusual interval, pervaded the assembly—“I have finished the despatch, suggested by your honor, requiring the attendance of the absent member from the east side of the mountain—General Bayley. And having put it into the form of a familiar letter, I have ventured to enlarge somewhat on our perplexing situation, especially in the matter of the miserable Squire Spencer, whose treasonable desertion I little dreamed, when I commenced writing, I should have the mortification of announcing.” [Footnote: The original letter from Paul Spooner to General Jacob Bayley, of Newbury, written in council, requiring the attendance of the latter, and informing him of Spencer's defection, and the gloomy situation of affairs, is still preserved, and affords, notwithstanding the disheartening news it communicates, a striking proof of the determination of that body to struggle on to the last against the mountain of difficulties which, at this dark crisis, seemed to lie before them.]

“That is well,” responded the president; “and we must look up some suitable messenger to convey it to its destination. But I had hoped to forward, by the same hand, the despatch requesting the aid and co-operation of New Hampshire, which has been deferred till some definite action of our own should enable us to inform the council of that state what we of the Grants propose to do ourselves towards the object for which we invoke their assistance. This they will doubtless consider essential to be known, before listening to our call, as otherwise they will not know whether they will find among us more friends to assist than enemies to impede them. But what can we now tell them? I will submit to you, gentlemen of the council,” he continued, in a kindly expostulating tone—“I will submit to your good sense and patriotism, whether it is not now time to adopt some decided course to be pursued. We must not be disheartened by a few untoward circumstances. Providence not unfrequently frowns on us for our own good. And who shall say, in the present instance, that our deliberations have not been wisely and kindly rendered of no effect till after Spencer's desertion, since, had we adopted a plan of operations while he was here, the whole of it, by this time, had been in the possession of the British general? But be that as it may, the event of this man's apostasy, of itself, instead of making us timid and irresolute in action, should but render us more prompt and decided. The people, as we all feel painfully conscious, I presume, expect much from us. Shall we disappoint them in every thing? Because we cannot consistently do all that may be expected, shall we resolve to do nothing? I have listened to your objections to levying a general tax upon the people, as the means of raising a military force; and, with you, I consider them valid; for to infringe the constitution, just adopted, by an arbitrary taxation, would be setting a dangerous precedent, and one which would come with a bad grace from those of us here who helped to adopt it. No; we must resort to other means. We can, if we will, borrow, pledging ourselves as individuals, with such others as we may find willing to stand sponsors with us, that the state shall hereafter pay the debt; or we may resort to voluntary contributions. I am aware the people are unable to contribute much. I am aware that a great portion of the inhabitants have been driven from their homes, and are now living on the hospitality of the rest. But for all this, the people can and will cheerfully contribute something—more, I think, than we should be willing to require of them. I have ten head of cattle, which can be spared for the emergency. But am I more patriotic than you, and hundreds of others in the settlement? My wife has a valuable gold necklace. Hint to her to-day that it is needed for the public service, and, my word for it, to-morrow you will find it in the treasury of freedom. But is my wife any more public-spirited than yours and many others among us? Gentlemen, I await your propositions.”

During this moderate, but really well-timed and effective appeal of the president, drooping heads began to be raised, perplexed and desponding countenances grew brighter, and by the time he had closed, several speakers were on their feet, eager to respond.

“Mr. Carpenter has the floor, I think, gentlemen,” said the president.

“I rose,” said Carpenter, “but to give my hearty response to the sentiments of the chair. It is time, high time, for some definite and decided action. Less talking and more action shall henceforth be my motto. I have not now, it is true, any digested proposition to present to the council; but I soon will have one, unless others are offered; for, in this emergency, it is little short of a crime to dally any longer.”

“Ay, action! action!” responded several voices.

“Action let it be, then,” said Rowley, the next rising to speak. “If it be true, as has been urged, Mr. President, that we cannot raise money by general assessment without exceeding our power; and disaffecting the people, and that we must depend on voluntary contribution, which receivers, appointed for the purpose, may more appropriately gather in than ourselves, why are we needed here? I will, therefore, make a proposition, which, while it will be obnoxious to none of the objections brought against other plans of defence, will give gentlemen as much action as they want. I propose, Mr. President, that each of us here, before any more of us run away to the enemy, seize a standard, repair singly to the different hamlets among our mountains, cause the summoning drum to beat for volunteers, and lead them, when obtained, to do battle in person with this Jupiter Olympus of a British general, who has so nearly annihilated the country by proclamation.”

“Tom Rowley all over! but a gallant push nevertheless,” vivaciously exclaimed Samuel Robinson, in an under tone. “And yet, Mr. President,” he continued, dropping the jocose, and now rising to speak in form—“and yet, if our colleague's spirited proposal could be carried into effect, and men be found to volunteer under such military leaders as most of us would make,—or if the different towns, as has been suggested by others, would order out the militia on our requisition,—even then, it appears to me, we should raise a permanent and regularly enlisted force, to serve a rallying point or nucleus for the militia, or our patriotic friend's army of volunteers. I therefore move, as I was about to do when others claimed the floor—I move the raising of a regular force, however small our means may compel us to make it; and as the smallest to be thought of, I will name one company of one hundred men, to be raised and supported by one of the methods suggested by the president.”

“And I,” said Clark, promptly rising—“and I, believing we may venture to go a little higher than that, I propose, we have to raise two companies of sixty men each.”

“No, No!” cried several voices; “one company. Means can be found for no more than one.”

“Yes, yes! the larger number first, Mr. President! I go for two companies,” cried others.

“And I go for neither, Mr. President,” said Ira Allen stopping short in his walk, and turning to the chair. “For I believe the council, on a little reflection, will conclude to do something more worthy of the character of the Green Mountain Boys, than the raising of the paltry force which even the bes' of these propositions involves. And I doubt not the means of so doing may be soon and abundantly supplied, without infringing the constitution or distressing the people. And I therefore move, sir, that this council resolve to raise a full regiment of men, forthwith appoint their officers, and take such prompt and speedy measures for their enlistment, that, within one week every glen in Vermont shall resound with the stir of military preparation.”

“Chimerical!” said one, who, in common with the rest of the council, seemed to hear, with much surprise, a proposition of this magnitude so confidently offered, when the doubt appeared to be whether even the comparatively trifling one of Clark would be adopted.

“Impossible, utterly impossible to raise pay for half of them,” responded several others.

“Don't let us say that till we are compelled to do so,” said the patriotic Carpenter, in an encouraging tone. “This proposition jumps so well with my wishes, that I would not see it hastily abandoned. For, although I confess I do not pretend to see where the requisite means are to come from, yet some new light, in this respect, may break in upon us by another day. And could we but see our way clear to sustain this proposition, we should feel like men again.”

“Amen to all that,” responded Clark. “And as the hour for adjournment has now arrived, I move that our young colleague, who offered this proposition with so much confidence in the discovery of a way to carry it into execution, and who is said to be very fertile in expedients, be appointed a committee to devise the ways and means of paying the bounties and wages of the regiment he proposes to raise; and that he make his report to the council by sunrise to-morrow morning.”

“Second that motion, Mr. President,” cried Lyon, in his usual full, determined tone of voice and strong Irish accent. “I go for the whole of Mr. Allen's proposition, means or no means. But the means can, must, and shall be found, sir! We will put the gentleman's brains under the screws to-night,” he continued, jocosely turning to Allen; “and if he appears here in the morning empty-handed, he ought to be expelled from the council. Ay, and I'll move it, too, by the two bulls that redeemed me!” [Footnote: Matthew Lyon, who very soon became much noted as a leading partisan in the legislature of Vermont, and subsequently more so as member of congress from Kentucky, having, as before intimated, been sold to pay his passage from Ireland to Connecticut, where he landed, was afterwards redeemed by the payment of a pair of bulls to the purchaser, by a gentleman of that state, for whom he was permitted to labor, at liberal wages, till this novel kind of indebtedness was cancelled. And as this bold and singular man entered upon the scenes of life as a successful freeman, he was fond of boasting of the romantic manner in which he became one, while the expression, “By the two bulls that redeemed me,” became his favorite oath on all occasions.]

“I accept the terms,” replied Allen, bowing pleasantly to the former. “Give me a room by myself, pen, ink, paper, and a lamp, and I will abide the condition.”

“For your lamp, Mr. Allen, as your task is to discover money where there is none, I advise you to borrow the wonderful lamp of Aladin,” gayly added Rowley, as the question was put, and carried; and the council, in a half-serious, half-sportive mood, broke up, and separated for the night.

At sunrise, the next morning, as had been proposed, the council punctually assembled to receive the promised report of their committee. Most of them, from having lodged in the same house, were aware that Allen had spent the whole of the intervening time on the business which had been committed to his charge; for, hour after hour, during that important night, they had heard the sound of his footsteps, as he continued to walk his solitary chamber, intensely revolving in his teeming mind the vexed question, upon the decision of which he felt the last chance of making a successful stand against the invaders of the state would probably depend. And this and the expectation, which had somehow been generally raised, that he would present some feasible plan for carrying out his proposals, the character of which no one could conjecture, caused his appearance to be awaited with no little curiosity and solicitude. They were not left long in suspense; for scarcely had the president called the council to order, before Allen came in, holding in his hand an open sheet of paper, to which, as the yet undried ink showed, he had just committed the result of his night's labor.

“Is the committee, appointed at adjournment last evening prepared to make his report?” asked the president.

“Fully, your honor,” promptly responded Allen, who accordingly then rose and said,—

“My report, Mr. President, consists of two parts. The first comprises the nomination of a list of officers, from colonel to subaltern, for a regiment, to be styled The Rangers. The second part involves the subject more particularly committed to me, and proposes the means of raising and supporting them. As the first will be useless unless the second is adopted, I will submit it without present reading, and proceed at once with the second and more important proposition, which, after a long and patient consideration of every argument for and against the measure, I have concluded to recommend to the council, as the best and most effectual means of securing the desired end. And that proposition, for the sake of convenience, as regards the action of the council on the principle involved, I have thrown into the form of the following resolution:—

“Resolved, That by specific decree of this council, and under regulations hereafter to be made, the estates, both real and personal, of all those who have been, or hereafter may be, identified as tories, aiders and abettors of the enemy, within this state, be confiscated for the military defence thereof; and that so much of said estates as may be needed for the payment of the bounties and wages of the regiment now proposed to be raised, be forthwith seized, and within ten days sold at the post, for that purpose, by the officers appointed by this council to execute its orders and decrees in that behalf.”

The speaker, without offering any further remark in explanation or defence of the measure he had reported, resumed his seat, and calmly awaited the expression of the council. But they were taken by such complete surprise by a proposition at that time so entirely new in the colonies, so bold and so startling in its character, that, for many minutes, not a word or whisper was heard through the hushed assembly, whose bowed heads and working countenances showed how deeply their minds were engaged in trying to grapple with the momentous subject, upon which their action was thus unexpectedly required. At length, nowever, low murmurs of doubt or disapproval began to be heard; and soon the expressions, “unprecedented step!”—“doubtful policy!” and “injury to the cause” became distinguishable among the over-prudent in different parts of the room when Matthew Lyon sprang to his feet, and, bringing his broad palms together with a loud slap, exultingly exclaimed,—

“The child is born, Mr, President! My head has been in a continual fog, every hour since we convened, till the present moment; and I could see no way by which we could even begin to do all that the exigency required, without running against law, or distressing the people. But now, thank God, I can see my way out. I can now see, at a glance, how all can be speedily and righteously accomplished. I can already see a regiment of our brave mountaineers in arms before me, as the certain fruits of this bold, bright thought of our sagacious and intrepid young colleague. Unprecedented step is it? It may be so with us timid republicans but is it so with our enemies, who are this moment threatening to crush us, because we object to receive their law and precedent? How were they to obtain the lands of the half of Vermont, which, it is said, they recently offered the lion-hearted Ethan Allen, if he would join them, but by confiscating our estates? What has become of the estates of those in their own country, who, like ourselves, have rebelled against their government? From time immemorial they have been confiscated. Can they complain then, at our following a precedent of their own setting? Can they complain because we adopt a measure, which, in case we are vanquished, they will not be slow to visit on our estates, to say nothing of our necks? Can these recreant rascals themselves, who have left their property among us, and gone off to help fasten this very government upon us, complain at our doing what they will be the first to recommend to be done to us, if their side prevails? Where, then, is the doubtful policy of our anticipating them in this measure, any more than in seizing one of their loaded guns in battle, and turning it against them? Injury to the cause, will it be?—Will it injure our cause here, where men are daily deserting to the British, in belief that we shall not dare touch their property to strike a blow that will deter all the wavering, and most others of any property, from leaving us hereafter? Will it injure our cause here to have a regiment of regular troops, who will, perhaps, draw into the field four times their number, in volunteers? If this be an injury, Mr. President, I only wish we may have a few more of them; for, with a half dozen such injuries, by the two bulls, we would rout Burgoyne's whole army in a fortnight. Yes, Mr. President, this measure must go; for it promises every thing to cause, and threatens nothing that honest patriots need fear, and had I a hundred tongues, they should all wag a good stiff ay for its adoption.”

“A bold measure, boldly advocated!” next spoke Carpenter. “But as bold as it is, Mr. President, I rise not to condemn it, but rather to say, that I am determined to meet it fairly, and without fear; and if, when I get cool enough to trust myself to make a decision, the objections to it appear no more formidable than they now do, I will give it my hearty support.”

“If the public should call this a desperate remedy, they must recollect that it is almost our only one,” remarked Olin, in his cool, quiet manner. “Nothing venture, nothing have;—let us go for it who dare!”

“Let us oppose it who dare!” warmly responded Lyon. “The measure will be a popular one; and let it once be known among the people, as I promise gentlemen it shall be, that this proposition was considerately recommended to us by a committee we appointed for the purpose—let this be known, and who among us has nerve enough to stem the storm of popular indignation that will burst on his head, for the timid and cowardly policy which led him to go against it?”

“Vermont,” added Rowley—“Vermont was the first to show her sister states the way to take a British fort; let her also be the first to teach them the secret of making tories bear their proportion of the burdens of the war. I am already prepared to give the measure my support, Mr. President.”

Almost every member, in turn, now threw in a few observations. The doubts and fears of the more cautious and wavering gradually gave way; and it soon became evident that the measure had found too much favor with the council to be resisted. Lyon, with his rough and pithy eloquence, had broken the ice of timidity at the right moment; and he and the originator of the measure, at first the only unhesitating members of the assembly, perceiving the gathering current in its favor, now warmly followed up their advantage; and, within two hours from its introduction, the resolution was adopted. This was immediately followed by the passage of the decree named in the resolution, specifying the names of those thus far fairly identified as openly espousing the British cause in Vermont, and declaring their estates forfeited to its use. Allen's proposal to raise a regiment of rangers was then, as a matter of course, unanimously carried, and the officers he had nominated were, with a few alterations, as unanimously appointed. All were now animated with a new spirit. Hope and confidence had taken the place of doubt and despondency in their bosoms and the remainder of the day was spent in carrying out the details of their plan, which all agreed should now be put into execution with the greatest possible promptitude and secrecy. In this, as soon as the different appointments, made necessary for the execution of the decree, were completed by the united action of the council, all the members, individually, took an active part. And for many hours, they might have been seen sitting round the tables, silently and intently engaged with their pens; some in drafting despatches to be sent to New Hampshire and Massachusetts, some in writing confidential letters, unfolding their plans and asking the co-operation of the leading men in the different parts of their own state, and some in making out commissions for the military officers, or the commissioners and other officers of confiscation, while others were out, scattering themselves about town, warily and cautiously inquiring out prompt and trusty messengers, to be despatched, as soon as it was dark, simultaneously and post-haste, to convey these important missives to their different destinations round the country. And all being accomplished,—the blow struck, and the machinery put in motion,—the council concluded to adjourn, to meet again in a few days at Bennington, the interim to be spent by them in repairing to their respective spheres of influence among the people, and there taking an active part in defending and explaining their measures, and assisting to carry them into operation.

Such was the origin of those temporary tribunals in Vermont, subsequently termed courts of confiscation, which formed a prominent feature in her early history, and which furnished, it is believed, the first example of the exercise of this extraordinary power ever known in the United Colonies during the revolutionary struggle. And whatever may have been the effects of this retributive policy in other states, its results here were salutary and important. It put an immediate stop to any further espousing of British interests, especially among men of property, while, within the astonishingly short space of fifteen days, it brought a regiment of men into the field, well armed and prepared for instant service,—thus securing those advantages to the defenders of liberty, in the peculiar posture of their affairs in which it was introduced, and giving that impetus to their military operations, without which the brilliant successes that marked the ensuing campaign in Vermont could never have been obtained. Of this there can scarcely be a doubt. And scarcely less doubt can there be, that the important measure in question would not have been brought forward and adopted at the crisis, in which alone the advantages it then secured could have been denied from us but for its sole projector, the sagacious, scheming, and fearless Ira Allen.

Speculative writers have often amused themselves in tracing great events to small causes. And in this they have oftentimes so wonderfully succeeded, as to show, beyond the power of man to refute, some of the most trivial circumstances of life, considered by themselves, to have caused the revolutions of empires. Were we to make out an instance of this character, to be added to the many other remarkable ones which have been noted by the curious, it should be done by tracing the independence of America to the measure which Allen so boldly projected, as he walked his lonely chamber, on the eventful night we have described. The independence of the colonies was, at that dark crisis, balancing, as on a pivot; and the success of Burgoyne must seemingly have turned the scale against us. The success of Burgoyne, at the same time, hung on a pivot also; and the victory of Bennington, with all its numberless direct and indirect consequences, as now seems generally conceded, turned the scale of his fortunes when his success, otherwise, could scarcely have been doubtful. But the victory of Bennington would never have been achieved but for the decided and energetic movement of Vermont, which alone secured the cooperation of New Hampshire, or, at least insured victory, when, otherwise, no battle would have been rewarded. And that essential movement of Vermont would never have been made but for the bold and characteristic project of Ira Allen.

All this, to be sure, is but supposition; but who can gainsay its truthfulness?