same and obstructing their execution; and that such combinations are too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the Marshals, by the laws of the United States:

Now therefore, to the end that the authority of the laws may be maintained, and that those concerned, directly or indirectly, in any insurrection against the same may be duly warned-I have issued this my PROCLAMATION, hereby commanding such insurgents, and all concerned in such combinations, instantly and without delay to disperse themselves and retire peaceably to their respective abodes: And do hereby further require and command all officers having authority, civil or military, and others, civil or military, who shall be found within the vicinage of such insurrections, to be aiding and assisting by all the means in their power, by force of arms or otherwise, to quell and subdue such insurrection or combinations, to seize upon all those therein concerned, who shall not, instantly and without delay, disperse and retire to their respective abodes; and to deliver them over to the civil authority of the place, to be proceeded against according to law.

In testimony whereof, I have caused the Seal of the United States to be affixed to these presents, and signed the same with my hand. Given at the city of Washington, the 10th of April 1808, and in the sovereignty and independence of the United States the thirty-second.

By the President, JAMES MADISON, Sec'ry of State.

TH: JEFFERSON.

Nothing appears, in the public newspapers or official documents of that day, indicating any "insurrection" or "combinations" for criminally opposing the laws, except indictments for treason, hereinafter noticed, which were not sustained; and daring and defiant smugglers, who have always and everywhere been found whenever the temptation was sufficient to invite the risks to be incurred in that nefarious business. Indeed, a regularly called town-meeting of the inhabitants of St. Albans, June 1808, adopted a memorial to President Jefferson, in which they emphatically denied the imputation of the proclamation, as follows:

Your memorialists positively and unequivocally declare that in their opinion, the conduct of the citizens of this district had furnished NO cause for such Proclamation; and that the same must have been issued in consequence of erroneous and unfounded representations, made and transmitted to the Exucutive department of the United States, by some evil minded person or persons. That if individuals, finding themselves and their families on the verge of ruin and wretchedness, have attempted to evade the embargo restrictions, and have actually accomplished their purpose, this could never furnish a just cause for proclaiming to the world that insurrection and rebellion were chargeable on the good people of this district; and with confidence, your memorialists declare their belief, that nothing more than this had taken place. [Signed] ASA FULLER, JOHN GATES, AZARIAH BROOKS, Selectmen. Attest, SETH WETMORE, Clerk.'

Nevertheless the military power was invoked. May 5 1808, by order of Gov. Smith, Gen. Levi House ordered out a small detachment, from the first regiment of his brigade in Franklin county, who were stationed

1 Spooner's Vt. Journal of June 20 1808.

at Windmill Point. It seems that the special purpose was to prevent several rafts from passing into Canada, and that, taking advantage of darkness and a strong and favorable wind, the rafts escaped previous to May 26. This seems to have raised a doubt of the efficiency of the Franklin County militia, and on the 31st of May a detachment of one hundred and fifty militia marched from Rutland County on the same service, and were shortly reinforced by a detachment of U. S. artillery; whereupon Gov. Smith was directed to discharge all but seventy-five of the militia, and the Franklin County men were discharged, to the great indignation of themselves and their brigade. In October the Vermont militia seem to have been withdrawn and their places supplied by United States troops."

The resort to force by the government served on the one hand to increase the fervor of the Federal party and give them the victory at the ensuing election of state officers; and on the other stimulated the smugglers to desperate and deadly resistance, such as would necessarily have called for the interposition of force. They met force by force repeatedly,

1 Spooner's Vermont Journal of May 23 and June 13 1808; and Weekly Wanderer of May 23 1808.

8

Spooner's Vermont Journal of June 13 1808.

Weekly Wanderer of June 13 and 27, and July 4 1808.

66

*June 17 1808, a general convention of the commissioned officers of the brigade assembled and adopted a spirited address to the public, in which they declared that the detachment had promptly obeyed orders and acquitted themselves with honor, though they could not command the winds and the waves, and that the ordering of the Rutland County militia to stations within the limits of the brigade was an open, direct, and most degrading insult." July 30 1808, sundry citizens of Franklin County signed an address to the public, in reply to the foregoing, justifying Collector Penniman and the President, on the ground "that the constant and unceasing declarations of the lumber and potash merchants were, they would arm, and run their property at all events; that if Mr. Penniman attempted to enforce the laws, his life would be short; that if military aid should be called, and the troops should kill a person in attempting to enforce the laws, the inhabitants would immediately RISE and drive them from their stations. In short, it was openly declared, that the inhabitants on Lake Champlain would never submit to the enforcement of the embargo law." Evidently these were the threats of smugglers, and both addresses are of a strong partizan hue.-See Spooner's Vermont Journal of July 4 and Sept. 12 1808. For views, both of Gov. Tichenor and the Jeffersonians of the Legislature, as to the course of the President, and a compliment by the Governor to the Vermont militia, see ante, pp. 397-9.

'Spooner's Vermont Journal of Oct. 24 1808; and Vermont Centinel of Nov. 4 1808.

but the most lamentable example occurred Aug. 3 1808. A party of twelve of the Vermont militia had captured a notorious smuggling vessel called the Black Snake, then moored in the Winooski river, and as they were taking it down the river to the lake, the smugglers repeatedly fired upon them, killing Ellis Drake of Clarendon, and Asa Marsh of Rutland, and wounding Lieut. Daniel Farrington of Brandon, who commanded the party. Just before the last gun was fired-a murderous wall-piece, charged with fifteen bullets, slugs and buck-shot-Capt. Jonathan Ormsby of Burlington joined the government party to aid in arresting the murderers, and was killed with Marsh. David D. Johnson, sergeant commanding the remainder of the militia, immediately seized all of the smugglers except two, who escaped but were subsequently arrested. A special term of the supreme court was held at Burlington, commencing on the 23d of August; on the 26th 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 Ledgard of Milton. Sept. 1 Mott was convicted; on the 5th Dean, and on the 9th Sheffield. Dean was sentenced to death on Friday Oct. 28, but was respited by the legislature until Nov. 11, when he was executed. New trials were granted to Mott and Sheffield, both of whom, with Ledgard, were convicted of manslaughter at the January term, 1809.1 All three were sentenced to stand one hour in the pillory, be confined ten years in the state-prison, and pay costs of prosecution. In addition, Mott and Sheffield received fifty lashes. They were all pardoned by the governor: Ledgard, Nov. 12 1811; Sheffield, Nov. 4 1815; and Mott, Oct. 15 1817.

Nov. 3 1808, the U. S. Circuit Court commenced a special session at Burlington, 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 were speedily acquitted by the jury.'

Early in 1809, after the passage of the new embargo act of Jan. 9, the following circular was sent to Gov. Tichenor:

'The grand jury at this term 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 charges of Insurrection and Rebellion, lately exhibited against them, are vile aspersions against the honor and the dignity of this County."-See Vermont Centinel of Jan. 20 1809. It is hardly necessary to suggest that the jury did not favor the President's policy.

From a good account in Vt. Historical Magazine, Vol. II, pp. 342-347. Vermont Centinel of Nov. 4 1808.

Circular letter from the Secretary of War, to the Governors-prepared by Thomas Jefferson.

JANUARY 17, 1809.

Sir,-The pressure of the embargo, although sensibly felt by every description of our fellow citizens, has yet been cheerfully borne by most of them, under the conviction that it was a temporary evil, and a necessary one to save us from greater and more permanent evils,-the loss of property and surrender of rights. But it would have been more cheerfully borne, but for the knowledge that, while honest men were religously observing it, the unprincipled along our sea-coast and frontiers were fraudulently evading it; and that in some parts they had even dared to break through it openly, by an armed force too powerful to be opposed by the collector and his assistants. To put an end to this scandalous insurbordination to the laws, the Legislature has authorized the President to empower proper persons to employ militia, for preventing or suppressing armed or riotous assemblages of persons resisting the custom-house officers in the exercise of their duties, or opposing or violating the embargo laws. He sincerely hopes that, during the short time these restrictions are expected to continue, no other instances will take place of a crime of so deep a die. But it is made his duty to take the measures necessary to meet it. He therefore requests you, as commanding officer of the militia of your State to appoint some officer of the militia, of known respect for the laws, in or near to each port of entry within your State, with orders, when applied to by the collector of the district, to assemble immediately a sufficient force of his militia, and to employ them efficaciously to maintain the authority of the laws respecting the embargo, and that you notify to each collector the officer to whom, by your appointment, he is so to apply for aid when neccessary. He has referred this appointment to your Excellency, because your knowledge of characters, or means of obtaining it, will enable you to select one who can be most confided in to exercise so serious a power, with all the discretion, the forbearance, the kindness even, which the enforcement of the law will possibly admit--ever to bear in mind that the life of a citizen is never to be endangered, but as the last melancholy effort for the maintenance of order and obedience to the laws. 1

Feb. 6 1809, a legally warned town-meeting of the inhabitants of St. Albans unanimously adopted a series of resolutions strongly condemning the course of the national administration, and published an address on the subject. The sentiments expressed would be justly condemned, as approaching to the verge of treason, were it not evident that the real purpose was political. Other town-meetings of the same character were held, and these were followed by equally zealous meetings of the Jeffersonians: so that the temper of the people was hot, but no examples of resistance to the laws by force appear. At this period Gov. Tichenor visited northern Vermont, doubtless in consequence of the President's circular of Jan. 12, and it is safe to conjecture that he used the opportunity to advize political opposition to the national administration, instead of resistance to the laws by force.3 It was at this juncture, Jan. 26 1809,

1

Jefferson's Complete Works, Vol. 5, p. 413.

2 Vermont Centinel of Feb 17 1809.

'See letter of A. B. [John Henry] No. 3, Feb. 14 1809, post.

that Sir James Craig, Governor General of Canada, determined upon the mission of John Henry to the New England States, the details of which follow.

THE CRAIG-HENRY CORRESPONDENCE.-1809.1

MESSAGE

From the President of the United States to Congress.-March 9, 1812. I lay before Congress copies of certain documents which remain in the Department of State. They prove that, at a recent period, whilst the

The chiefs in this correspondence were Gov. Craig and John Henry. Sir JAMES HENRY CRAIG was born at Gibralter in 1749, commissioned as ensign in the British army in 1763, and served in America in various positions from 1774 until 1781. He was in the battles of Lexington, Bunker's Hill, Hubbardton, and at Freeman's farm, and was severely wounded in all but the first named. He was made Lieut. General in 1801. "Appointed commander-in-chief of Canada in August 1807, he proved wholly unfit for a civil station. He saw in every opponent of his policy a disaffected rebel, seized liberal presses, suppressed opposition, and employed spies. He returned to England, June 19, 1811," and died Jan. 12, 1812.-Drake's Dictionary of American Biography.

JOHN HENRY was a native of Ireland, "of one of the first families in that country, poor, because a younger brother." He came to Philadelphia about 1794 as a steerage passenger. Possessing considerable literary ability, he became editor of Brown's Philadelphia Gazette. Having become naturalized, he was appointed captain in the U. S. army in 1798, and for more than a year had command of Fort Jay, on Governor's Island, near New York City, and also at Newport R. I., where he quitted the service, settled upon a farm in Vermont, studied law for five years, and amused himself in writing violent articles against the then Jeffersonian administration. For awhile he edited the Post Boy at Windsor, in 1808, and it is probable that he went to Canada with Nahum Mower, the publisher of that paper, late in that year, where he was employed on his mission to New England in Jan. 1809. Henry indeed stated that "his strictures in the public prints against republican government attracted the attention of the British Government. Sir James Craig became desirous of my acquaintance. He invited me to Quebec, where I staid some time. Hence I went to Montreal, where everything I had to fear, and all I had to hope, was disclosed to me." James Fisk, then member of Congress from Vermont, said Henry was "a man of gentlemanly deportment, and reputed good moral character;" and Sullivan, that "he was a handsome, well-behaved man, and was received in some respectable families in Boston." His services in the mission to New Eng