USA > New York > The natural, statistical, and civil history of the state of New-York, v. 3 > Part 7
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The course pursued by the militia encouraged the settlers, and their opposition became more general and determined. Great outrages were committed on some of the New-York offi- ters, and certain persons that assisted them ; several on both sides were wounded. No process could be served, nor could the senterice of any court be carried into effect. The purchasers under the government of New-York, however, continued to bring suits for the lands, and to make recoveries. The most active leaders among the Vermonters were indicted at Albany. Among these was Ethan Allen, who afterwards signalized him- self by the taking of Ticonderoga and Crown Point. This man was the principal and headed the settlers; of a bold and enterprising disposition, he directed all their concerns. ' In order to strengthen the cause in which he was engaged, he wrote and distributed pamphlets ; in these he laboured, and not without success, to show that the course pursued by the govern- ment of New-York was impolitic and unjust. Meetings were every where held and resolutions adopted. The government of New-York at first stigmatized these meetings with the epi- thets of riots and mobs. As the controversy increased, and the opposition became more formidable, the settlers were charged with treason and rebellion.
In this state of things, an officer attempted to take Sethi Warner, a leader who ranked next to Allen, but failed. A fencounter ensued- both were armed : Warner beat, wounded, and deprived the officer of his arms, and compelled him to re- tire. This is the Warner who afterwards distinguished himself in the revolutionary war.
The settlers, apprehensive that the government of New-York would in the end prevail, and that they would lose their lands, sent three agents to Great Britain, with instructions to lay their situation before the King, and implore his protection and deci- sion. An inquiry was bad, and the government of New-York was directed to suspend all proceedings, and enjoined not to make any more grants within the disputed district. But little attention was paid to the royal mandate.
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In 1772, Mr. Tryon, the governor, attempted to conciliate the minds of the inhabitants ; he invited them to lay before him their grievances, and the causes which had led to them, and gave assurances to them that both he and the council were disposed to afford them relief in case their situation required it. The settlers had a meeting, and deputed three of their body to go to New-York and confer with his excellency. These repaired thither, and waited upon the governor and council, and laid their grievances before them. The council recommended that all prosecutions in behalf of the crown be stayed until the plea- sure of his Majesty should be known. They also recom- mended to the governor, that he should advise the proprietors of grants under New- York, to put a stop to all civil suits during the same period. But these measures, although they served for · a time to allay, did not quiet the fears of the inhabitants ; the governor could recommend, but could not enforce his recom- mendations. The whole property of the settlers was at stake.
While things remained in this state of suspense, the legisla- ture of the province of New-York' passed a law, that in case the offenders should not surrender themselves, pursuant to such orders of the governor to be made in council, within the space of seventy days after the first publication, shall, from the day to be appointed for his or their surrendery, should be deemed to be guilty of felony, and should, on conviction, suffer death, without benefit of clergy. All crimes committed on the grants, by this act, were to be tried in the county of Albany. At the same time the governor issued a proclamation, offering a re- ward of fifty pounds a-head for the apprehension of Allen, and Warner, and six others. -
These arbitrary measures were illy calculated to ease and quiet the minds of the settlers, or to restore harmony and peace to the province. Meetings were immediately got up in the different towns on the west side of the Greene mountains, and committees were chosen. These assembled, and after forming a league, passed a resolution, " that for the future every neces- mary preparation be made, and that every man capable of bear- ing arms, should hold himself in readiness, at a moment's warn-
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ing, to march and defend those who had been proscribed, iu case an attempt should be made to take them ; and also to op- pose the execution of the law, so far as it respected the putting of the New-York speculators into possession.".
Matters having come to this crisis, measures were resorted to in order to shake off the government of New-York, which, in this affair, seemed to have little else in view than the further- ance of the interests of dependants and speculators. For this purpose, Colonel Philip Skeen, the commander of one of the King's regiments, and a man of consideration, who had not as - yet espoused the cause of the settlers, was dispatched to the court of Great Britain, in order to get the disaffected district set off into a province independent of New-York. He, it ap- pears, met with encouragement. An event, in the mean time, occurred on the thirteenth day of March, 1775, which served still further to widen the breach and exasperate all parties. The court in Cumberland county was to have been holden at Westminster ; ou that day many of the inhabitants of that and the adjacent towns assembled in a tumultuous manner, broke into the court-house at an early hour, and took possession. The judges being refused admittance, returned to their quar- ters. The people kept possession the whole day. In the even- ing the sheriff and the officers of the court, attended with an armed force, went to the court-house, and ordered them to clear out in a peaceable manner, and yield up possession, but they refused ; whereupon some of the party fired into the court-house, and killed one man and wounded some others. They there-
The day upon left the house, and the sheriff took possession. after, however, they assembled in greater numbers, dispossessed the court, and seized several of the officers, whom they carried to the jail at Northampton in Massachusetts. But they were released shortly after by the chief justice, and returned home. Highly inflamed by this event, the committees of a large body of the settlers met at Westminster on the eleventh of April, 1775, and, among other measures, they came to the following re- solve : " that it is the duty of the inhabitants wholly to renounce and resist the government of the province of New-York, until
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such times as their lives and property may be secured, or until such time as they lay their grievances before his Majesty in council, and obtain his decision." Such was the situation of this part of the province of New-York at the time the revolution commenced.
This occasioned a temporary suspension of the controversy, and for a while moderated the passions already elicited. All . seemed intent in defending the country against Great Britain. In the autumn of 1755, some of the leaders repaired to Phila- delphia, where Congress was then sitting, in order to see whe- ther that body would not admit the contested district into the union, as a component part of the Fredish confederacy ; but that body, from a respect to the State of New-York, and from a consciousness, which was misplaced, that its government would be actuated by considerations of justice, as well as of generosity and policy, declined the overture, and recommended to them submission to the laws.
In treating of the controversies between New-York and Ver- mont, we have supposed that it would be better to give them separately, without blending them along with other matters. To this end we have divided the whole into three parts. The first embraces the time before the revolution ; the second dur- ing the revolution; and the third since the revolution.
In consequence of the hostile attitude of some of the more distant tribes of Indians, the legislature of the colony of New- York, in the month of December, 1763, ordered that eight hun- dred men should be raised and stationed at Schoharie and Cherry Valley, for the purpose of preventing those settlements from being invaded and laid waste. Those Indian tribes, how- ever, on being apprised of preparations being made to resist them, and carry the war into their country, in case the exigen- cy should require it, settled down into a calm.
The house, in April following, voted, that one hundred and eighty men should be levied in addition to the foregoing. These, we believe, were never raised, on account of the pacific disposition of the Indians.
1763-At no period of time was the attachment of the colonies
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to the mother country more strong than at present. The war just concluded, had deeply interested every part of the conti- nent. Every colony had been engaged in it, and most had felt its ravages. The introduction of the Aborigines as auxiliar- ies, had greatly increased its horrors, and had added to the joy produced in every bosom, by its auspicious termination.
1 ! This state of things, so long and anxiously wished for by the Anglo American colonies, had at length been affected by the union of British and American valour. They had co-operated in the same service, and their blood had mingled in the same fields. -
The British nation was endeared to the American people, by this community of danger and identity of interest. The Ame- ricans were proud of the land of their ancestors, and gloried in their descent from Englishmen. But this sentiment of ad- miration was not confined to the military character of that na- tion. A full share of it was bestowed on its political institu- tions ; and while the excellence of the English constitution was a rich theme of declamation, every man believed himself en- titled to a large share of its advantages, nor could he admit that by crossing the ocean, his ancestors had relinquished the rights of Englishmen.
The degree of authority which might rightfully be exercised by the mother country over her colonies, had never been accu- rately defined. In England, it had always been asserted that Parliament possessed the power of binding them in all cases. In America, at different times and in different colonies, various opinions had been entertained on this subject.
In New England, originally settled by republicans, and du- ring the depression of the regal government in England, habits of independence had cherished the theory, that the colonial assemblies possessed all the powers of legislation," Not surren- dered by compact; that the Americans were subjects of the crown, but not of the nation ; and were bound by no laws to which their representatives had not assented. From this high ground they had been compelled, reluctantly to recede. The judges being appointed by the governors, with the advice of
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council, had determined that the colonies were bound by acts of Parliament which concerned thein, and which were expressly extended to them. .
In the year 1692, immediately after the receipt of their new charter, granted by William and Mary, the assembly of Massa- chusetts had passed an act, denying most explicitly the right of auy authority, other than that of the general court, to impose on the colony any tax whatever; and also asserting those prin- ciples of national liberty, which are founded in magna charta. Not long after, the assembly of New-York passed an act simi- lar to that of Massachusetts, in which its own supremacy, not only in matters of taxation, but of general legislation, is ex- pressly asserted. Both these acts, however, were disapproved in England, and the Parliament asserted its authority, by a law passed in 1696, declaring that all laws, by-laws, usages and customs which shall be in practice in any of the plantations, repugnant to any law made, or to be made in this kingdom, relative to the said plantations, shall be void and of none effect.
In the middle and southern colonies no question respecting the supremacy of Parliament, in matters of general legislation, every existed. But even these colonies, however they might acknowledge the supremacy of Parliament in other respects, denied the right of that body to tax them internally.
A scheme for taxing the colonies by authority or Parliament had been formed so early as the year 1739, and recommended to government, by a club of American merchants, at the head of whom was Sir William Keith, governor of Pennsylvania. This plan, however, was not countenanced by the then minis - ter, and seems never to have been seriously taken up until the year 1754. Some of the colonies themselves, appear to have wished that a mode would be adopted which should combine their exertions, and equitably apportion their expenses in the common cause. The attention of the minister was then turned to a plan of taxation by authority of Parliament ; and it will be recollected that a system was devised, and recommended by him as a substitute for the articles of union, digested and agreed on by the convention at Albany. Means were used to ascer- VOL. III.
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tain the temper and opinions of the colonists on this subject. The impolicy of irritating them at a crisis which required all the exertions they were capable of making, furnished motives sufficient to induce a suspension, for the present, of a measure so delicate and so dangerous, but it seems not to have been totally abandoned. This total opposition of opinion, on a sub- ject the most interesting to the human heart, was now about to produce a system of measures which tore asunder all the bonds of relationship and affection which had for ages subsisted.
The assembly in 1764, passed an act for the settlement of the partition line between the provinces of New-York and Mas- sachusetts.
The system which had been laid aside, was renewed, and on the motion of Mr. Grenville, the first commissioner of the trea- sury, a resolution passed without much debate, importing that it would be proper to impose certain stamp duties in the colo- nies and plantations. This resolution was not carried into im- mediate effect.
At the same time other resolutions passed, laying new duties on the trade of the colonies-great disgust was occasioned by the increase of the duties by the new regulations which were - made, and by the manner in which those regulations were to be executed. Completely to prevent smuggling, as it was alleged, all the officers in the sea-service, who were on the American station, were appointed revenue officers, and directed to take the custom-house oaths. Being unacquainted with the custom- house laws and usages, many vexatious seizures were made, for which no redress could be obtained but in England.
The resolution concerning the duties on stamps, excited a great ferment in America. The right of Parliament to impose taxes on the colonies became a subject of universal conversation, and was almost universally denied. Petitions to the King, and memorials to both houses of Parliament against the measure, were transmitted by several of the Provincial assemblies, to the board of trade in England, to be presented to his Majesty, and to Parliament, when that body should again be convened. The house. of assembly of Massachusetts, instructed its agent to use.
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his utmost endeavours to obtain a repeal of the late act of Par- liament respecting the duties, and to prevent the passage of the stamp act, or any other act levying taxes or impositions of any kind on the colonies. A committee was appointed to act in the . recess of the general court, with instructions to correspond with the assemblies of the respective colonies, to communicate to them the instructions given to their. agent, and to solicit their concurrence in similar measures. These legislative proceed- ings were, in many places, seconded by associations entered into by individuals, for diminishing the use of British manufac- tures.
The administration informed the agents of the colonies in London, that if they would propose any other mode of raising the sum required, their proposition would be accepted, and the stamp duty laid aside. The sum proposed by the stamp duty was $440,000. -
The agents replied, that they were not authorised to propose a substitute, but were ordered to oppose the bill when it should be brought into the house by petition, questioning the right claimed by Parliament to tax the colonies. "The controversy was now placed on ground which seemed to admit of no compromise.
1765 .- The right of taxation was denied by one party and asserted by the other. Determined to persevere in the system he had adopted, and believing successful resistance absolutely impossible, Mr. Grenville brought into Parliament his cele- brated act, for imposing stamp duties in America, and it pass- ed both houses by very great majorities, but not without ani- mated debates. General Conway stood alone in denying the right claimed by the British Parliament to give away the money of those who were not represented in that body.
: The arguments of the minority, on this interesting occasion, `were unusually ardent. The claim was declared by the minority . to be opposite to the spirit of the English constitution, which has established, as a fundamental axiom, that taxation and repre- sentation are inseparable ; and that as the colonies were not re- presented in Parliament, it would be the very essence of tyranny
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to attempt to exercise an authority over them, which, from it- nature, must inevitably lead to gross abuse.
The measure was treated not only as tyrannical, but as' un- necessary also. America, it was said, had never been deficient in contributing her full proportion towards the expenses of the wars in which, conjointly with England, she had been involved ; and that in the course of the last memorable contest, large sums had been repeatedly voted by the colonies, for exertions, and which, it must be conceded, were disproportionate to their means and resources.
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Mr. Grenville had concluded a long argument in favour of the bill, with saying, these children of our planting, nourished by our indulgence, until they are grown to a good degree of strength and opulence, and protected by our arms, will they grudge to contribute their mite to relieve us from the heavy load of national expense which we lie under? In answer to this ob- servation, Colonel Barre exclaimed, " Children planted by your care"-No ! your oppression planted them in America- they fled from your tyranny into a then uncultivated land, where they were exposed to all the hardships, to which human nature is liable ! " They nourished by your indulgence ?" No! they grew by your neglect. When you began to care about them, that care was exercised in sending persons to rule over them, who were the deputies of some deputy, sent to spy out their liberty, to misrepresent their actions, and to prey upon them-men whose behaviour, on many occasions, has caused the blood of those sons of liberty to recoil within them- men promoted to the highest seats of justice, some of whom were glad, by going to a foreign country, to escape being brought to the bar of justice in their own. " They protected by your arms ? They have nobly taken up arms in your de- fence; have exerted their valour for the defence of a country, the interior of which, while its frontiers were drenched in blood, has yielded its little savings to your enlargement. Believe me, remember, I this day told you so-the same spirit which actu- ated that people at first, still continues with them ; but prudence forbids me to explain myself further.
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The passage of this act, the operation of which, was to com- mence on the first of November, excited throughout the colo- nies, serious and universal alarm. It was believed to strike at the constitution of the country, and to destroy the sacred prin- ciples of liberty. Combinations against its execution were every where formed, and the utmost exertions were used to render, as diffusive as possible, a knowledge of the pernicious consequences, which must flow from admitting that America could be taxed by a legislature in which she was not represented.
The assembly of Virginia was in session when the intelli- gence was received. The subject was taken up, and by a small majority, several resolutions which had been introduced by Mr. Henry, and seconded by Mr. Johnson, were agreed to, one of which asserted the exclusive right of the assembly to lay taxes and impositions on the inhabitants of that colony, and that every attempt to vest such a power elsewhere is illegal, unconstitu- tional and unjust, and has a manifest tendency to destroy Ame- rican freedom.
On the passage of these resolutions, the governor dissolved the assembly.
The legislatures of several other colonies passed similar re- solutions, and the house of representatives of Massachusetts, contemplating a still more solemn and effectual expression of the general sentiment, recommended a congress of deputies from all the colonial assemblies, to meet at the city of New- York, on the first Tuesday of October, in the same year. to consult together on the present circumstances of the colonies, and the difficulties to which they are, and must be reduced by the operation of the acts of Parliament. Circular letters, sign- ed by the speaker, communicating this recommendation, were addressed to the several speakers of the respective assemblies, and wherever they were in session, the recommendation was acted on. New Hampshire alone declined sending members to the Congress. None attended from Virginia and North Carolina, the legislatures of those colonies not being in session.
In the mean time, the papers teemed with the most animat- ing exhortations to the people, to unite in the defence of their
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liberty and property. The stamp oficers almost every where were compelled to resign.
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October, 1765 .- At the time appointed, the commissioner. from the assemblies of Massachusetts, Rhode Island, Connecti- . cut, New York, New-Jersey, Pennsylvania, Delaware, Mary- land, and South Carolina, assembled at the city of New-York ; and Timothy Ruggles; Esquire, of Massachusetts, having been : chosen their chairman, they proceeded on the important object. for which they had convened. The first measure, of the con- gress was a declaration of the rights and grievances of the co- lonists. This paper asserts them to be entitled to all the rights . and liberties of natural born subjects, within the kingdom of Great Britain ; among the most essential of which, are the ex- " clusive power to tax themselves, and the privilege of a trial by jury.
The grievance most complained of, was the act granting certain stamp duties, and other duties in the colonies, the direct tendency of which they said, by taxing the colonists without their consent, and by extending the jurisdiction of courts of admiralty, was to subvert their rights and liberties.
A petition to the King was agreed on, together with a me- morial to each house of Parliament.
These papers were drawn with temper and firmness. They express the attachment of the colonies to the mother country, and assert the rights they claim.
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In addition to these measures, Congress recommended to the several colonies to appoint special agents, who should unite their utmost endeavours in soliciting redress of grievances ; and, having directed their clerk to make out a copy of their proceedings for each colony, they adjourned.
To interest the people of England against the measures of administration, associations were formed in every part of the continent; for the encouragement of domestic manufactures, and against the use of those imported from Great Britain.
In New-York and Connecticut, originated an association of persons, styling themselves the sons of liberty, who bound them- selves, among other things, to march to any part of the conti-
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went to support the British constitution. A corresponding com -- mittee was established, who corresponded with conspicuous wen throughout the colonies, and contributed materially to in- crease the spirit of opposition.
Sir Henry Moor, Esq. superseded Mr. Colden in the govern- ment of the province of New-York, on the twelfth of November, 1765.
Among the acts passed this year, and in the one following, the legislature passed several for improving certain roads already opened, and for laying out and opening of others. 'The roads that were to be laid out and opened, were in the then counties of Albany and Cumberland.
While these transactions were taking place in America, a revolution happened in the British cabinet. The Grenville ad- ministration was succeeded by one unfriendly to a further pro- secution of the plan for taxing the colonies without their con- ' sent. General Conway, now one of the principal members of the cabinet, addressed a circular letter to the different governors of the colonies, recommending to them to observe a temperate and conciliatory conduct towards the colonists, and to endea- vour, by persuasive means, to restore public peace.
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