As commissioners to represent the republic, Chittenden appointed Colonel Ira Allen and Major Joseph Fay, of the Vermont army. As his commissioner, Haldimand selected Captain Sherwood, assisted by Major Alexander Dundas, the commandant of Isle aux Noix. Reflecting that Chittenden was more generous with promotions than Haldimand, Justus almost missed Powell's next pronouncement. The Green Mountain conspirators assured Haldimand that despite the order of banishment, Captain Sherwood would be in no danger. Justus had some reservations, but risking his life was a small price to pay for the chance to bring Vermont back into the British fold.
While Justus waited for orders to set out to meet Ira Allen and Joseph Fay, reports on Carleton's expedition poured into Fort St. Johns. The major's force had struck Fort Ann, Fort Edward and Fort George, and taken many prisoners, who were being sent to Canada. At the same time an expedition was sent through the Mohawk Valley, under Sir John Johnson, and a smaller one led by Captain John Munro was to raid Ballstown, Joe Bettys' home village north of Schenectady. Carleton's raid, and to some extent Johnson's and Munro's, were staged in preparation for a mission Haldimand had formulated for his commissioner to the Vermont ringleaders. The aggressive behavior was directed against New York, but the governor was using it to put the folk next door in a co-operative frame of mind.
On October 24, Justus received instructions from Brigadier Powell to leave for Miller's Bay, a cove on the west side of Lake Champlain eight kilometres north of Crown Point, where the ships of the Provincial Marine often took shelter. There he would meet Major Carleton, and proceed to Castleton, where Ethan Allen had his headquarters. Justus' mission would be concealed under the guise of a cartel to open negotiations for prisoner exchanges. He left Fort St. Johns with an escort of regulars and Captain John Chipman, the commandant of Fort George who had been captured by Carleton's raiders. After giving his parole, Chipman was to be exchanged for Captain Samuel Wright. Chipman was a Yorker, but Haldimand felt that the Vermont leaders would be pleased if he released a man of like rank.
Travelling in an armed vessel, Justus and his party reached Miller's Bay on the 26th, where Major Carleton had halted his expedition after the tour of destruction against New York. The weather was bitingly cold. Lieutenant John Enys, of the 29th Regiment, recorded in his journal:
On the 26 we all got under way to return to Canada but to our great disappointment had not gone more than two leagues before we Met an express from the Commander in Chief ordering us to keep on the Lake as long as possible.…we again return'd to our old Station in Mill Bay. As Soon as we had arrived in our Camp, one Capt. Sherwood of the Roialists, was sent with a flag of truce to the State of Vert Mont.
After conferring with Major Carleton, Justus asked for a cutter, eyeing the strong wind blowing straight from the south. When Carleton offered a bateau Justus reiterated his request. The lateen sail on the bateau would only run before the wind, but a cutter was sloop rigged. He intended to sail against those headwinds, for rowing would be nearly impossible. After Justus persuaded Carleton that he was a seafaring man, the major reluctantly handed over the ship's boat belonging to the sloop Lee, begging him not to smash it. Setting out, Justus ordered his regulars to row the cutter into the wind while he unfurled the main and jib. Taking the tiller, he instructed his landlubber crew to hoist the canvas. Throwing the tiller hard over he ordered the others to row across the wind until her sails filled. Happily he beat back and forth, impressed with his own skill after so many years. The cutter was a joy to handle.4
Justus' journal began:
Received His Excellency's Instructions for a Negotiation with the State of Vermont, and Major Carleton's order to proceed to that State with a Flag — Sett off at 7 o'clock in the evening with a Drum, Fife and five Privates, with Capt. Chipman & his Servant in a cutter — went about six miles in a strong head Wind.5
He was in full regimentals, quite unlike his furtive visit of June and July, 1778. He continued:
27th. Imbarked at six o'clock — still a head wind — encamped six miles above Ticonderoga. 28th. Imbarked at four o'clock — at one landed Chipman & his Servant and Baggage at Skenesborough. Then proceeded to the head of East Bay.
East Bay was a long creek that ran northward from its mouth on Lake Champlain for sixteen kilometres, then swung west. Justus had the men row the cutter to a point where Castleton was about twenty kilometres inland:
Landed at four afternoon, set off immediately with the Drum, Fife and two Men: leaving a Flag and three men with the Cutter — Arrived at 7 o'clock at Col Herrick's Camp — a frontier post of 300 men, at Mills about four miles west of the Blockhouse at Castleton, was blindfolded and led to Col. Herrick's Room…. Genl Allen commanded at Castleton and that my Dispatches would be forwarded without delay — at about 11 this evening received a Message from Genl. Allen.
The blindfolding was a charade. Justus knew the area well, and if he needed information on Fort Vengeance, Herrick's camp, he would have sent a scout for it. Herrick was the man who had sent Sarah Sherwood towards Ticonderoga when she left Vermont under her safe conduct. Justus handed over his official dispatches, those which pertained to an exchange of prisoners, keeping back some top secret ones he was to disclose only if Ethan consented.
At eleven o'clock on the morning of October 29, Justus was escorted to the home of Major Isaac Clarke, in Castleton. Ethan was there, and a sight to behold, resplendent in a pale blue coat with two huge gold epaulettes that made his already massive shoulders look as wide as his more than six foot height, dazzling yellow breeches, and a cavalryman's sword that clanked every time he moved — larger than life he was. The slender Justus, in his red ranger coat, sporting one modest silver epaulette, seemed a discreet shadow of his former friend and leader. With Ethan were his council of ten officers, to whom he introduced Captain Sherwood as a British officer. That raised some eyebrows. How many of that ilk had once been outlaws in the Green Mountains?
“Members of the Council” boomed Ethan, who was incapable of modulating his stentorian tones. “Captain Sherwood's instructions are somewhat discretionary. I wish to have a private word with him so that I may be of assistance in explaining the business to you.” The council agreed to allow Justus and Ethan to hold a short conference. Justus reported:
after much conversation informed him that I had some business of importance with him, but before I communicated it, must request his honor as a Gentleman that should it not please him, he would take no advantage of me, nor even mention it while I remained in the Country — He said he would if it was no damned Arnold Plan, to sell his Country and his own Honour by betraying the trust reposed in him. I replied that my business with him was, in my opinion, on a Very Honourable Nature, but as I did not know how far his opinion and mine would differ, I should insist on his most sacred promise that in whatever light he might view it, he would not expose me — To this after some Consideration he consented.
“His Excellency,” Justus said, “is well aware of all that has passed between Vermont and the Congress, and he views this as a favourable opportunity for you to cast off the Congress yoke and resume your former allegiance to the King of Great Britain. By doing which, you would secure for yourselves those privileges you have so long contended for with New York.”
Justus' journal resumed:
I then made known to him the Generals proposals, then expressed my own anxious desire that they would accept them informing him, that it was not from any selfish motives of my own, but the tender Sentiments of regard and friendship which I felt for the People of Vermont, that induced me to wish them to accept of those proposals
Sherwood was being generous, or at least tongue in cheek, and he was not a man who held a grudge. After the abuse he had suffered, the public flogging, imprisonment, and the sentence to Simsbury Mines, he was putting his head into the lion's mouth, willing to paint a situation any colour to achieve his goal of living in New Haven once more. Ethan replied:
that the proposals, so far as they concer
ned his personal promotion had not the weight of a straw with him, and that he was not to be purchased at any rate, that he had been offered a lieutenant-colonel's commission on condition of changing sides while in Captivity, which he had refused as he ever meant to be governed by the strictest rule of Honour and Justice, but that since the Proposals seemed materially to concern the whole People of Vermont whose liberties and properties for a number of years past were much dearer to him than his own life, he would take them into very Serious Consideration
Then Ethan recommended returning to his council, lest some become suspicious. Justus asked him whether he could raise the question of reunion, but Ethan gazed at him vaguely. For the present only the cartel for the exchange of prisoners should be disclosed. When the two rejoined the council, Justus laid the letters pertaining to the public part of his mission before the members, and Major Joseph Fay read them aloud. Justus recorded:
They appear well satisfied with the contents of them, except that part of Maj. Carleton's letter respecting the limits of the Truce — Some of them suspected a design on the Frontiers of New York, while the negotiation was on foot with Vermont — to this I became a Pledge on the part of the Government, that no movement would be made on the offensive by Maj. Carleton, and informed the Major of it in a letter by Genl. Allen's Flag — After this Genl. Allen wrote circular letters to all his officers commanding Frontier Posts informing them to call in all their Scouts and not to suffer any more to be sent out during the present truce — These Letters were read to us in Council — about one o'clock the Council broke up and Maj. Fay was sent express with my dispatches to Bennington — Had another short conversation with Genl. Allen this evening.
Thus ended October 29. During their short conversation, Justus did most of the listening, allowing Ethan to ramble on, giving free rein to his highly controversial notions of the nature of the universe and the wickedness of the Congregational ministers, who maintained that a man had access to God only through them. Rum flowed freely and both men were somewhat intoxicated, enough so that Justus could believe Ethan was serious in his intellectual pursuits, although in the former's experience, the eldest of the Allen brothers had been a war-horse all his life.
On October 30, Sherwood and Allen met again, and conversed ‘free of any restraint’. Justus told Ethan he had brought written proposals and had secreted them, but could procure them if the other thought proper. Ethan said he would send Ira Allen and Joseph Fay to Canada with him to read them on safer ground. At that time, it would be unwise to let anyone suspect that more than neutrality was involved. Ethan was surrounded on all sides by enemies, the most inveterate being New York. To Justus this seemed incompatible with the council of officers’ insistence that the truce also cover parts of New York. Behind his hand, Ethan admitted that Vermont had designs on that territory, which clarified certain underlying motives for Justus. Ethan vowed that he was ‘heartily weary of war, and wished once more to enjoy the sweets of peace and devote himself to his philosophical studies’.
Again the rum was flowing, and both men were inebriated. Since Justus was taking Ethan seriously, he was not quite himself. Ethan said that while he could never betray Vermont, he was inclined towards Britain, rather than the Congress, but it was not within his power to speak out at present. His own people, he claimed, would cut off his head! He told Justus that the neighbouring states could send 30,000 men into Vermont in thirty days' time — a whopping over-statement of rebel strength then available to crush Vermont.
Congress, Ethan maintained, was bound to support New York, and he boasted that he would soon publish a manifesto declaring Vermont neutral. ‘Free and independent of any Power on Earth, and will invite all People to trade with her’. Also, should he decide to raise his own brigade and occupy Albany, he was confident thousands from the neighbouring states would join him. If he were obliged to retreat to Ticonderoga, Haldimand should send a force to help him. The governor should then establish outposts at Albany and Bennington, and would need at least 20,000 men. Clearly Ethan had no accurate information regarding British strength in Canada, and Justus was leaving him in the dark.
If Haldimand did not wish to occupy these posts, he should offer other proposals for Vermont to consider, and Ethan spelled out his demands:
He expects to command his own forces, Vermont must be a government Separate from and independent of any other Province in America — must choose their own Civil officers and Representatives; to be entitled to all the Privileges offered to other States by the King's Commissioners
Ethan was asking for a government based on Connecticut's charter, and Justus, with the same background, agreed, seeing nothing out of order in the other's aspirations. Ethan said ‘a revolution of this nature must be the work of time; That it is impossible to bring so many different Minds into one channel on a sudden’.
He dared not at present send to or receive any letters from Major Carleton or General Haldimand, and he wanted to keep open the negotiations under flags of truce. Such flags should always have some business with New York to allay suspicions. As a parting shot, Ethan said that if Congress should grant Vermont a seat in its assembly, all negotiations would be ended and kept secret by both sides. However, the cartel to exchange prisoners should go ahead and be observed ‘with honour’. Vermont officers then prisoners in Canada, if not exchanged before winter, should be given as much freedom as could safely be arranged.
These demands were heavily weighted on the side of the republic, but Justus was convinced that the Congress would never agree to Vermont's proposals, and there was hope for the British province he so earnestly desired. The most dramatic part of the journal lies in Sherwood's account of what followed his meeting with Ethan – a tale of hours of trauma, infuriating frustrations and backbreaking toil:
About three this afternoon Genl. Allen parted with me for Bennington, left me with one Cap. Parker, a very civil Gentleman, with instructions to treat me with all possible politeness – This evening, I had notice that Maj. Eben. [Ebenezer] Allen's Scouts had discovered that Maj. Carleton had returned with his whole detachment from Miller's Bay to Tyconderoga, and was drawing some boats over the landing, had sent a Detachment on the East side and I was soon after put under strict charge of two Centinals — some said my life should answer for the Consequences, some said one thing, and some another, but all conspired to make me very uneasy
Major Ebenezer Allen, another of Ethan's cousins, was in command of Castleton during the other's absence. Ebenezer led a faction that had no desire for dealings with the British, whether for prisoner exchanges or deeper plots, and he did his best to the point of insubordination to frustrate the conspirators. He spread false information, seizing the opportunity Ethan's absence afforded to have Sherwood murdered. If British emissaries were not safe under their flags of truce, Haldimand would not send any more of them. Ebenezer was also lying, for Major Carleton had not been near Ticonderoga and was still at Miller's Bay, abiding by the truce. Justus acted quickly, sending a letter to Ethan's truculent relative:
wrote to Maj. Allen assuring him of Maj. Carleton's good Faith, informed him that disputing his good Intentions, was disputing the Faith of Government, as he acted by the Generals order – As to the Indians, if there had been any then they must be straggling.…if so they would not attempt anything except hunger precipitated them to it, advised him to watch their motions and rest assured that if they destroyed any property belonging to the Inhabitants I would give security for the payment
He did not receive a reply, and on the 31st began a nerve-wracking nightmare. By order of Ebenezer, Justus and his party were placed in charge of Captain Brownson and twenty men. The captain told Justus he could not speak to anyone without his knowledge. That day they marched forty-six kilometres to Pawlet, and Justus found the populace very alarmed because of Ebenezer's insistence that Carleton was marauding nearby. Through the long hours, Justus refused to be intimidated as he marched, an embarrassed, protesting Captain Parker by his side
. Again a Calvinistic determinism sustained him. If God had decided his time had come, there was nothing he could do to save himself. Ethan and his talk of free will could go hang. He hoped Haldimand would allow Sarah a generous pension, or failing that she would find a husband worthy of her. Murder was not the way of the Green Mountain people, but only one itchy finger on a firelock was sufficient to send him to meet his maker. People were ‘rabid and insulting to me’ he commented, adding:
Nov. 1st. Marched 10 Miles in a tedious snow storm. 2nd Marched 20 Miles to Arlington, This morning received a Message from Gov. Chittington [sic] expressing his disapprobation of Maj. Allen's Conduct, and his orders to Cap. Brownson that I should be treated in a manner that an officer of a Flag had the right to expect
On November 3, Major Isaac Clarke returned from a ‘Flag to Maj Carleton’ and his report much calmed the doubts of the populace. The following day, November 4, Justus received permission from Governor Chittenden for his departure. Three more days passed before his party set out for Castleton — days wasted while Chittenden and Ebenezer wrangled and called each other every name in the book. At length civil authority triumphed over the military, and on the 7th, Justus and his escort, accompanied by Captain Brownson, set out for Castleton on hired horses.
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