collapse, the floor would give way, and the contents would roll down the slope into Canada, where the arrival of produce in this unusual manner caused no great astonishment.

A report printed in a New York newspaper in May, 1808, described immense rafts of lumber that were being collected on Lake Champlain near the boundary line. One was said to be nearly half a mile long, carried a ball-proof fort, and was supposed to carry a cargo of wheat, potash, pork and beef, valued at three hundred thousand dollars or upward, being the surplus produce for a year. Moreover, this great raft was said to be manned by five hundred or six hundred armed men, prepared to defy the customs officials. This report not only was untrue, but was absurdly untrue. Nevertheless, the fact that smuggling was carried on extensively was not difficult to prove. In November, 1808, Senator Hillhouse of Connecticut asserted in debate that "patriotism, cannon, militia and all" had not stopped smuggling. Field pieces might have stopped it on the lakes, but the inhabitants along the border, he said, "were absolutely cutting new roads to carry it on by land."

Governor Smith, on May 5, 1808, ordered Gen. Levi House to call out a small detachment of the first regiment of his Franklin county brigade, which was stationed at Windmill Point, in Alburg. Its task was to prevent the passage of rafts, but with strong and favorable winds, and under cover of darkness, the rafts managed to elude the militia. A question being raised relative to the efficiency of the Franklin county troops, all but seventy-five were discharged, and they were re

placed by one hundred and fifty Rutland county soldiers. Later they were reinforced by a detachment of United States artillery. The Franklin county militia were highly indignant, and at a general convention of the commissioned officers of the brigade, held June 17, 1808, their discharge and the substitution of the Rutland county militia was declared to be an "open, direct and most degrading insult." A few weeks later citizens of Franklin county signed a public address, justifying the action of the President and Collector Penniman. It was asserted that the lumber and potash merchants had declared their intention to carry on their trade by armed force, and threatened to kill the Collector if he attempted to enforce the laws, hinting at an uprising if the troops should kill any person in the process of law enforcement. At this time there seems to have been much partisanship in the various charges and counter charges. The smugglers were resourceful and daring in their exploits and did not hesitate to employ force. The smuggling of cattle and other Vermont products into Canada had become general, and British manufactured products were brought out in exchange.

A militia force, commanded by Maj. Charles K. Williams, afterward Judge of the Supreme Court and Governor, was stationed at Windmill Point, on the western shore of Alburg. A twelve-oared cutter named The Fly, used by customs officials near the outlet of the lake, was of material assistance in checking smuggling operations. The exploits of a smuggling craft known as The Black Snake made that boat the most widely known of any of its kind on Lake Champlain. Built originally as a ferry

boat, to ply between Charlotte and Essex, N. Y., it was 40 feet long, 17 feet wide, and equipped with seven oars on a side, and a sail. The boat never was painted, but was smeared with tar, making it black. It had a capacity of one hundred barrels of ashes, and as freight charges of five or six dollars a barrel could be obtained, its operation was profitable. It was manned by a crew of powerful men who had the reputation of being desperate characters, and they were well armed. For months The Black Snake defied the customs officials, and transported many cargoes of pot ashes across the Canadian border. Large quantities were taken from St. Albans Bay, thence by various creeks and obscure inlets to Missisquoi Bay, across Cook's Bay and into Canada about one mile north of Alburg Springs.

The Government officials were determined to capture the craft, and on August 1, 1808, Lieut. Daniel Farrington of Brandon, Sergt. David D. Johnson and twelve infantry privates were detailed to The Fly with orders. to pursue The Black Snake. The smugglers remained in seclusion on the North Hero shore during the day and at night proceeded to the mouth of the Winooski River, entering apparently for a cargo. The boat was armed with spike poles to keep off revenue boats, large clubs, a basket of stones, and a wall piece, or blunderbuss, a gun eight feet, two inches long, with a bore of one and one-fourth inches, carrying fifteen bullets. Each member of the crew was armed with a gun. Owing to rumors of pursuit the crew of The Black Snake worked all night August 2-3, running bullets, as the supply of ammunition was low.

On Wednesday morning, August 3, the revenue officers found the craft about three miles up the river, made fast to the shore. Capt. Truman Mudgett of Highgate warned the officers not to touch the boat, but Lieutenant Farrington and others went on board and attempted to take possession. Capt. Jonathan Ormsby of Burlington had joined the Government officials. In the contest that followed Captain Ormsby and two soldiers, Ellis Drake of Clarendon and Asa Marsh of Rutland, were killed, and Lieutenant Farrington was severely wounded. Sergeant Johnson and a detachment of soldiers made a dash and captured all but two of the smugglers. The men who escaped were arrested later and all were lodged in jail at Burlington.

A public funeral was held at Burlington on Thursday, August 4. The bodies were escorted to the court house by a militia company and a sermon was preached by Rev. Samuel Williams. This affair, known thereafter as "The Black Snake Episode," caused great excitement. The State election was near at hand and the Federalists were charged with attempting to shield the murderers. Flaming handbills were circulated adorned with pictures of three coffins.

On August 23, less than three weeks after the crime was committed, the Supreme Court convened at Burlington in special session. Chief Judge Royall Tyler presided and with him sat Judges Theophilus Harrington and Jonas Galusha. C. P. Van Ness, afterward Governor, was one of the prosecuting attorneys. On August 26 the grand jury returned true bills against Samuel I. Mott of Alburg, 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. Justice was speedy, and on August 29 Mott was found guilty of murder. On September 5 Dean was found guilty and the same verdict was returned against Sheffield on September 9. Dean was sentenced to be hanged on October 28, but the Legislature granted him a reprieve of two weeks. On November 11 he was taken to the court house, where he listened to a sermon by Rev. Truman Barney of Charlotte, after which he was executed in the presence of an assemblage estimated at ten thousand persons. This is said to have been the first instance of capital punishment in Vermont.

Mott and Sheffield were granted new trials. At the June term in 1809 they were convicted of manslaughter, and sentenced to stand one hour in the pillory, to receive fifty lashes each on the bare back, and to serve ten years in the State Prison. Ledgard was found guilty of manslaughter and was given the same sentence imposed upon Mott and Sheffield, with the exception of the flogging. These three men were received at Windsor the second day after the prison was opened. Ledgard was par

doned in 1811, Sheffield in 1815, and Mott in 1817. At the June term of court in 1809, Mudgett was tried, but the jury disagreed and the next year the case was discontinued.

These cases were among the most famous in the history of early Vermont jurisprudence, and the trials were held in a time of bitter political strife, when the hardships of the embargo bore heavily upon nearly all classes