Page:The Green Bag (1889–1914), Volume 20.pdf/33

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THE GREEN BAG not having given the subject a proper con sideration, but were afterwards bottomed upon more serious principles: These were said to have been raised, from the impolicy of issuing a proclamation which might impede the emigration of subjects from other states into that; and the imprudence of opposing the sense of their people, who began to assemble in arms in a neighborng town, and who might create an insur rection, and surround the Legislature, unless the report were dismissed: There being no prospect of Mr. Tyler's effecting the object of his request, he departed, with strong apprehensions that the bulk of the people in that state were for affording pro tection to the rebels, and that no immediate or effectual aid would be granted." A more illuminating light is shed upon the result of Tyler's mission by the following ex cerpt from a manuscript in Tyler's hand writing among the collections of the Vermont Historical Society, which seems to be a copy of his report to his superior : — " The Gover nor, (Thomas Chittenden,) in my presence said that whenever people were oppressed they will mob and that the people who fought the Bennington action are now under guard, giving his opinion plumply against our cause, and that it would not do for this State to have any concern with Massachu setts quarrels. In the company of last even ing I heard numbers of respectable men, to appearance, requesting him not to have any thing to do with those just persons who have fled into this State for shelter, and further the Governor said he did not conceive the nature of their offence to be such that it was the duty of this State to be aiding in sending them away to the halter. General Ethan Allen in my presence said that those who hold the reins of the government in Massa chusetts were a pack of damned rascals, and that there was no virtue among them, and that he did not think itworth anybody'swhile to try to prevent them who had fled into this State for shelter from cutting down our maple trees; and the common people flocked

around him as though he had a sight to show. The commonality aver that they will shelter anybody who applies to any of their houses for shelter, and it is generally said that our quarrel will be ten thousand pounds advan tage to this State," The feeling in Vermont was so intense against giving up any of the Shays' refugees that Tyler felt some fears for his own safety, as is shown by the following extract from a letter from General Lincoln to him, dated February 21, 1787, at Pittsfield, Mass.: — "As soon as you find your person in danger, or that your services cannot avail, pray re turn; you have done a great deal; we cannot command success; to deserve it has the same merit." Despite the meagre results of his negotiations with the Vermont leaders, Tyler was later sent on a similar mission to New York. In the summer of 1790 Tyler again visited Vermont. He had become acquainted with the leading men of that independent com monwealth, and saw fit to cast his fortune with them. He settled in Guilford, then the largest place in the state, the following win ter, and there remained until the spring of 1 80 1 when he removed to Brattleboro, having been previously elected by the legis lature judge of the Supreme Court of the state. His ten years of practice were active, for his reputation as a lawyer and a man of learning was widespread; he soon numbered among his friends most of the able and dis tinguished men of his adopted state, and for many years he served as states' attorney of Vindham county. Until his election as judge, Mr. Tyler had acted with the Federalist party, and was a Federalist at the time of his election, but many of the considerations that were telling against that party seemed to him well founded, and although he could not take any active part in politics while on the Bench, his views gradually changed and he became in sentiment a Republican; so that, when in 1 807 the Republicans made a " clean sweep" in the state, he was advanced to chief judge,