Early history of Vermont, Vol. I, Part 1

Author: Wilbur, La Fayette, 1834-
Publication date: 1899
Publisher: Jericho, Vt., Roscoe Printing House
Number of Pages: 760


USA > Vermont > Early history of Vermont, Vol. I > Part 1


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org.


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22



Gc 974.3 W645e v.1 1769918


M. L.


REYNOLDS HISTORICAL GENEALOGY COLLECTION


1


Go


ALLEN COUNTY PUBLIC LIBRARY 3 1833 01085 9368


EARLY HISTORY


-


-OF ---


VERMONT.


BY LAFAYETTE WILBUR, Vol. 1


OF JERICHO, VT.


History maketh a young man to be old, without either wrinkles or gray hairs, privileging him with the experience of age, without either the infirmities or inconveniences thereof. - Fuller.


JERICHO, VT. ROSCOE PRINTING HOUSE. IS99.


480


....


-


F


843 4.96


Wilbur, La Fayette, 1834- Early history of Vermont. By La Fayette Wilbur ... Jeri- cho, Vt., Roscoe printing house, 1899-1903. 4 v. plates, port. 21;cm.


1. Vermont -- Ilist .--- To 1701.


33-3675 Revised


Library of Congress


F52. WG6


- . - Copy 2.


1769918


F 843.96


Entered according to act of Congress, June 24th. 1899, by


LAFAYETTE WILBUR, in the office of the Librarian of Congress at . Washington, D. C.


A day, an hour of virtuous liberty Is Worth a whole eternity of bondage -Addisson.


-


At age of 64.


L. F. Wilbur


.


ยท


PREFACE.


This volume has been written to give to the public an accurate account of the early history of Vermont when it was called New Hampshire Grants and New Connecticut, and down to the time that the State was admitted into the Union in 1791. The writer has not created any fiction for the book, but facts have been related that are more interesting and useful than fiction, to Ver- monters. It may lack the polish that some literary writers would give it. The most of it has been prepared for the press during the past year in bits of time that the writer has been able to snatch from pressing professional business. The reader will find accurately stated the action of the hardy pioneers that resulted in establishing the State amid the greatest difficulties in a dense wilder- ness, beset with dangers from hostile Indians, and bitter opposition from the people of neigh- boring territory, and the British army.


In drawing conclusions the proper data has been given, and exact dates given to historical events and transactions related, the absence of --- which is a serious lack with many historians.


(3)


4


PREFACE.


Ethan Allen's life was so prominently con- nected with the early history of Vermont, that one chapter has been devoted exclusively to his life. The Boorn Case given in Chapter fifteen was an early interesting case where innocent men were tried and convicted of murder and sentenced to be hung. The Chapter on Jericho may be of some local interest. The Charter or Grant of the township from Gov. Benning Went- worth was similar to those given in granting other towns by him. The chapters giving a list of the Members of the Windsor Convention of 1777, Council of Safety, Governors, Senators, and Judges of the Supreme Court, and giving the duration of their official service, will be useful as a handy reference. I have endeavored to give credit in quoting from other writers, and here ex- press my acknowledgements to them.


This volume now given to the public takes up' the History of Vermont and the doings of her people, only down to the time when she was ad- mitted as the thirteenth State of the American Union. A more complete and continued history must be left for future volumes.


LAFAYETTE WILBUR. Jericho, July 4th. 1599.


our


History is Philosophy teaching by example. - Dionysius.


The greatest glory of a free born people. is to transmit that freedom to their children .- Havard.


-


*


INIT


IRM


.


CONTENTS.


CHAPTER I. (Page 1.)


HOW VERMONT BECAME A STATE, AND ITS EARLY HISTORY.


CHAPTER II. (Page 67.)


THE STRUGGLE OF THE NEW HAMPSHIRE GRANTS TO ESTABLISH A SEPARATE JURISDICTION BY THE NAME OF VERMONT, AND HER EARLY HIS- TORY.


.


CHAPTER III. (Page 127.) EARLY HISTORY OF VERMONT-CONTINUED. CHAPTER IV. (Page 134.) EARLY HISTORY OF VERMONT-CONTINUED. CHAPTER V. (Page 145.) EARLY HISTORY OF VERMONT-CONTINUED.


CHAPTER VI. (Page 162.)


LEGISLATION AND INTERNAL AFFAIRS OF EARLY VERMONT.


CHAPTER VII. (Page 175.)


THE STRUGGLE OF VERMONT FOR ADMISSION INTO THE UNION.


CHAPTER VIII. Page 186.)


THE ACTION OF NEW HAMPSHIRE AND NEW YORK.


CHAPTER IX. (Page 193.)


EARLY HISTORY AND ADMISSION AS A STATE- CONTINUED. .


171


.


S


CONTENTS.


CHAPTER X. (Page 196.) -


LAND TITLES, BETTERMENT ACTS AND HARD TIMES.


CHAPTER XI. (Page 204.)


VERMONT ACTS OF SOVEREIGNTY.


CHAPTER XII. ( Page 209.)


SETTLEMENT OF THE CONTROVERSY WITH NEW YORK AND ADMISSION OF VERMONT.


CHAPTER XIII. (Page 227.


A RESUME AND EARLY HISTORY OF VERMONT- CONCLUDED.


CHAPTER XIV. (Page 240.)


GENERAL ETHAN ALLEN.


CHAPTER XV. (Page 281.)


THE TRIAL OF STEPHEN AND JESSE BOORN FOR THE ALLEGED MURDER OF RUSSEL COLVIN.


CHAPTER XVI. (Page 295.) THE TOWN OF JERICHO.


CHAPTER XVII. (Page 330.)


MEMBERS OF THE WINDSOR CONVENTION, COUN- CIL OF SAFETY, GOVERNORS AND SENATORS.


CHAPTER XVIII. (Page 236.)


LIST OF JUDGES OF THE SUPREME COURT FROM THE YEAR 1778 TO THE YEAR 1899, AND SHOW- ING THEIR TERM OF OFFICE.


WIT AND HUMOR. ( Page 347.)


ERRATA.


Errors found in printing, so far as they are misleading, are corrected below.


On page 30 the verses should have been divided into five parts.


On page 344 in the 6th line from top it should read "about" instead of "go out."


The word "grants," wherever it occurs referring to the people or territory of New Hampshire Grants, should be "'Grants."


On page 62, bottom line, word "no" should be inserted be- fore the word "pains."


Ou page 150, in eighth line from bottom. the word "set- ting" should read "sitting."


On page 173, the name "Neshbe" should read "Neshobe," and the name "Mendon" should read .Minden."


On page 227. the words "this and," in first line, should be erased.


On page 304. the name "Brutt's" should read "Butts."


In the list of Judges for 1879, on page 344. the name of HI. Henry Powers should follow that of Jonathan Ross.


.


1


PERSONNEL.


The Author makes his grateful acknowledge- ment for quotations taken from the Addresses of Hon. Lucius E. Chittenden, Pages 82, 230 Hon. John W. Stewart, Page 225


Hon. Edward J. Phelps,


..


229


Hon. John N. Pomeroy, 279 ..


Hon. Julius Converse, 280


Professor Joseph S. Cilley,


316


A Free State gathered in the Council should speak by all its citizens, each one claiming as of birthright a voice to aid his country: None should be excluded from the privilege, if grown to man's estate, unless he fail of inlellect or lose his right through crime.


Ancestors who won their way should shine in their descendants .- Tupper.


**


CHAPTER I.


HOW VERMONT BECAME A STATE, AND ITS EARLY HISTORY.


T is interesting to study the history of any peo- - ple who are struggling for existence, or who are striving to maintain their rights and to assert . their liberties and establish their independence; and this must be especially so when that history relates to one's ancestors and their own land. How intensely did our feelings and sympathies reach out for the Hungarians under their leader Kossuth when they were struggling to be free; but their endeavors and aspirations were not more noble, and the difficulties that stood in the way of their freedom and independence were not greater than seem to environ the Green Mountain Boys. The hardships and the dangers with which the hardy sons of the territory now called Ver- mont were beset, grew largely out of the claims. that different parties made to her lands, and the assumed right to govern her people .. New Hamp- shire claimed her from the East, New York claimed her from the West, and Massachusetts would take a slice from the Southern border.


The first settlement; within the jurisdiction now known as Vermont, was made at Fort Dum- mer, in the present County of Windham, in the year 1724, under a grant from the Provincial


2


EARLY HISTORY


Government of Massachusetts. A controversy arose between the Provinces of Massachusetts and New Hampshire in reference to the line be- tween the two Provinces. In the year 1740, the King of England in Council settled the line between the two jurisdictions, and located it in running West of Connecticut River, where the jurisdictional line now is between Massachu- setts and Vermont, which brought the settle- ment at Fort Dummer within the jurisdiction of New Hampshire. This line between New Hamp- shire and Massachusetts as settled by the King and Council, was to extend West till it should meet with His Majesty's other governments.


In the year 1741, Benning Wentworth was commissioned as Governor of New Hampshire. It was understood at that time that the jurisdiction of New Hampshire was established as far West as Massachusetts, and Massachusetts claimed and exercised jurisdiction to within twenty miles of Hudson River. With this understanding, the Governor of New Hampshire, on the third day of January, 1749, made a grant of a township six miles square, situated twenty miles East of Hud- son River, and called it Bennington. Numerous applications were made to Gov. Wentworth for grants in the vicinity of the Province of New York. Gov. Wentworth not feeling exactly cer- tain how far West the jurisdiction of New Hamp- shire extended, opened a correspondence with the Governor of New York, Nov. 17th, 1749, with a view of ascertaining and settling the Western line of his jurisdiction; and in that correspondence in-


3


OF VERMONT.


formed him that people were daily applying for grants of land, some of which were in the neigh- borhood of the New York Province, and asking the Governor of the Province of New York . in what manner these grants will affect the grants made by the New York Governors; also inform- ing him by the same letter, that the surveyor who had run the line between Massachusetts and New Hampshire, had declared on oath that in run- ning that line Westerly it would strike Hudson River about SO poles North of where Mohawk's River comes into Hudson River, which he pre- sumed is North of the City of Albany, and asked to be informed how far North of Albany the gov- ernment of New York extends, and how many miles to the East of Hudson River. Governor Clinton of New York, April 9th, 1750, replied, "that the Province of New York is bounded East- ward by Connecticut River, and that letters pa- tent from King Charles II. to the Duke of York, expressly granted all lands from the West side of Connecticut River to the East side of Delaware Bay. Governor Wentworth, the 25th of April, 1750, said, in his reply to that letter, to Gov. Clinton of New York, that the subject of his letter would have been entirely satisfactory had not the two charter-governments of Connecticut and Massachusetts Bay extended their bounds many miles Westward of Connecticut River, and that he was advised by His Majesty's Council that New Hampshire had an equal right to claim as far West as the charter-governments of Connecticut and Massachusetts Bay, but disclaimed any inten-


-


4


EARLY HISTORY


tion of interfering with his Government, and asked Gov. Clinton to inform him by what au- thority Connecticut and Massachusetts govern- ments claimed so far to the Westward as they have settled. And on the 6th of June, 1750, Gov. Clinton informed Governor Wentworth by letter, that as to Connecticut their claim was founded upon an agreement with his government, in or about the year 1684; and afterwards confirmed by King William, and that the line was run and marked in 1725; and as to Massachusetts, she got possession at first by intrusion and were allowed to continue the intrusion by the negli- gence of New York, and complained to Gov. Went- worth for granting the township of Bennington, and asked him to recall the grant. But Gov. Wentworth, on the 22nd of June, 1750, wrote Gov. Clinton that he would represent the whole matter to the King His Majesty, and advised him to do the same, and that he would not enter into any controversy until his Majesty's pleasure should be further known, and declined to recall the grant.


Notwithstanding the claims of New York that their jurisdiction extended to Connecticut River, Gov. Wentworth continued to grant townships, and from Jan. 3d, 1749, till the 4th of Aug., 1763, granted 129 townships, 11 of which were in the County of Chittenden. Hinesburgh was granted June 21, 1762; Charlotte was granted June 24, 1762; Colchester, Bolton, Burlington, Williston, Huntington (called New Huntington), were granted June 7th, 1763, and Jericho, Milton,


5


OF VERMONT.


Westford and Underhill, were granted June 8, 1763; St. George and Shelburne were granted Aug. 1Sth, 1763; and in 1764, 14,000 acres were granted to certain officers. To arrest these pro- ceedings, Colden, Lieut .- Governor of New York, on the 2Sth Dec., 1763, issued his proclamation commanding the Sheriff of the County of Albany to make return of all names who had taken pos- session of lands under New Hampshire grants, and claiming jurisdiction as far East as Connec- ticut River, by virtue of the grant to the Duke of York.


On the 13th March, 1764, Governor Went- worth issued his proclamation assuring the peo- ple who had taken grants of land from New. Hampshire, that the patent to the Duke of York was obsolete, and did not convey or give any cer- tain boundary to New York, and encouraging his people not to be intimidated, hindered or ob- structed in the improvement of the lands granted them, and to maintain the jurisdiction of His Majesty's government of New Hampshire as far Westward as to include the lands granted, and commanding all civil officers to deal with any per- sons that may presume to interrupt the settlers on said lands as to law and justice appertains.


New York not willing to rely for their claims to the land as far East as Connecticut River, on the grant to the Duke of York, made application to the Crown for a confirmation of their claim. . And on the 20th day of July, 1764, at the Court of St. James, the King in Council took the matter of the application into consideration, ordered and de-


6


EARLY HISTORY


clared the Western bank of the Connecticut River, from where it enters the Province of Massachu- setts Bay, as far North as the 45th degree of North Latitude, to be the boundary line between the said two Provinces of New Hampshire and New York. Although New Hampshire grants were surprised at this order, they were willing to submit, as they did not suppose it would affect the title to their lands, their land titles hav- ing come from the Crown through the grants made by the Governor of New Hampshire. The Governor of New Hampshire after remonstrating against the change of jurisdiction, for a while abandoned the contest, and recommended the set- tlers to due obedience to the authorities and laws of the Colony of New York.


Soon, however, a controversy arose between New Hampshire grants and the government of New York as to the effect and construction of that order. The government of New York contended that the order had a retrospective operation and that all the grants made by the Governor of New Hampshire were void, while the New Hampshire grants held that the effect of the King's order in Council was only to operate from the date of the order, and that the title to their lands, granted before the date of that order and before the change of jurisdiction, would remain good. The government of New York insisting that their construction of the order should prevail, extended their jurisdiction over the New Hampshire grants; divided their territory into four counties, Albany, Charlotte, Cumberland, and Gloucester, and es-


7


OF VERMONT.


tablished in each courts of justice, and called upon the settlers to surrender their grants obtained of New Hampshire, and purchase again under grants from New York, and thus pay for their lands twice.


This the Grants refused to do, and New York proceeded to grant their lands to others, who brought actions of ejectments in the courts at Al- bany, and obtained judgments against the grants; but the officers of New York, while attempting to execute those judgments, and deprive the Grants of their lands, met with determined resistance. Associations among the Grants were formed for their protection: there was organized an obstinate resistance to the New York authorities. A con- vention at length was called of representatives from several towns of the West side of the mount- ain, which appointed Samuel Robinson agent to represent them at the Court in England, and set forth to the King and Council their grievances and obtain a confirmation of their grants from New Hampshire. He went to London on his mission, the result of which was, the King in Council on the 24th day of July, 1767, commanded the Governor of New York for the time being, "do not, upon pain of His Majesty's highest displeasure, presume to make any grant whatsoever covered by the New Hampshire grants;" but notwithstanding this order, the Governor of New York continued to make grants, and continued to bring actions of ejectments against those who held land under the grants made by New Hampshire. The courts at Albany decided not to receive in evidence duly au- thenticated copies of the royal orders to the Gov-


8


EARLY HISTORY


ernor of New Hampshire, giving the Governor of New Hampshire, as they claimed, the right to grant the lands to the defendants, which made the trial, jug-handle like, all on one side.


Let us look at the surroundings of this people then called New Hampshire Grants. The govern- ment of New Hampshire had acquiesced in the or- der that their jurisdiction should not extend West of Connecticut River. New York had got an or- der allowing their jurisdiction to extend to Con- necticut River, and the New York courts had de- cided all the cases affecting the title to the land granted against the New Hampshire Grants. The Governor of New Hampshire had withdrawn their authority and protection from the settlers. New York was a powerful Province, and its people self- ish and unrelenting. The New Hampshire Grants were few in number. Any people thus situated. less hardy, bold and brave than the Green Moun- tain Boys, would have shrunk from a contest with the government of New York. The course of the government of New York had stung the Grants to madness, and they were driven to the last resort. A convention of the people assembled at Bennington and resolved to support their rights and protect their property against the usurpation and unjust claims of the Governor and Council of New York by force. The contest com- menced. Several of the Grants were indicted as ri- oters by the New York courts. The officers of New York sent to arrest the persons indicted, were chastised with the "twigs" of the wilderness. A military association was formed with Ethan


9


OF VERMONT.


Allen as commander. Committees of safety were formed in several towns west of the Green Moun- tains. On the other hand, the sheriff of Albany County was directed to raise the Posse comitatus to assist in the execution of his office. The Gover- nor of New York offered a reward of 150 pounds for the apprehension of Ethan Allen, and 50 pounds for each of five others. And in retaliation, Ethan Allen and the other five proscribed persons issued a proclamation offering five pounds for the apprehension and delivery to any officer of the Green Mountain Boys, the Attorney General of the Colony of New York. On the 19th of May, 1772, Gov. Tryon of New York addressed a letter to Rev. Mr. Dewey and the inhabitants of Benning- ton and the adjacent country, telling them he had heard of their violent and illegal acts which could not fail of being highly offensive to their Sover- eign, and that if they persevered in their disobedi- ence it would bring against them the exertions of the powers of government, but claimed he was willing to examine into the grounds of their com- plaints, and asked them to lay before him and His Majesty's Council the cause of their behavior and discontent, and promised to give relief, and prom- ised protection to any one they saw fit to send to represent them, except Robert Cochran, Ethan Allen, Remember Baker, Seth Warner, and a Mr. Sevil, persons for whose apprehension he had of- fered rewards; and closed his letter by saying "they might not be deceived by a persuasion that part of the country that you inhabit will ever be annexed to the government of New Hamp-


3


10


EARLY HISTORY


shire." Rev. Dewey answered, in short, stating some of the causes of discontent, setting forth that, "they held the fee of the land that they had settled on by virtue of grants from the King of England and was reputed to be within the Prov- ince of New Hampshire, and that by some means they had got the jurisdictional line changed; and that grants of land had been made by New York government covering the same lands granted by New Hampshire, and that repeated efforts were made by writs of ejectment to dispossess the set- tlers, who had titles under grants from New Hamp- shire, and who had been deprived of the right to show their defense by the courts of New York; they, the Yorkers, had violently broken open the . settlers' houses to get possession, and to arrest the settlers ; and had fired upon and injured inno- cent women and children ; and closed by supplicat- ing the Governor to assist in quieting his people in the possession of their lands, till the controversy should be settled by the King.


At the same date, Ethan Allen, Warner, Baker, and Cochran addressed a long communication to Governor Tryon, in which they stated that "no tyrannical exertions of the powers of government can deter us from asserting and vindicating our undoubted right and privileges as Englishmen," and informed him, "that since their misfortune of being annexed to the Province of New York, the law has been rather used as a tool (than a rule of equity) to cheat them out of their country that they had made valuable by labor and expense." "And if they did not oppose the New York sheriff


11


OF VERMONT.


and posse, they would take immediate posses- sion of their houses and farms; and if they did oppose them they were indicted as rioters, and all assisting, are indicted as rioters so long as they act the bold and manly part and stand by their liberties." They told the Governor it had come to this, at least, that "we must tamely be dispos- sessed of our rights and property or oppose of- ficers in taking possession; and as a necessary step, oppose taking rioters, so called, or run away like so many cowards, and quit our country to a number of cringing, polite gentlemen who have ideally possessed themselves of it already ;" and in- formed the Governor that changing the jurisdic- tion from New Hampshire to New York did not and could not deprive them of their lands and prop- erty; and moreover, the King in Council had or- dered the government of New York not to disturb the settlers till they had decided the whole con- troversy, and therefore it was the Yorkers that were rioters and land robbers; and that every act they had done to compass their doings, though under the pretense of law, was violation of law and an insult on the Constitution, and authority of the Crown, as well as to us; and informed him, if he did not know before, that "Right and wrong are eternally the same, to all periods of time, places and nations ; " the taking away their rights. under the specious pretense of law, only adds to the criminality of it. They closed their letter by assuring the Governor that their acts were not against his government, but looked upon him as their political father, but it was oppression that


12


EARLY HISTORY


was the ground of their discontent, and en- treated the Governor to aid in quieting the set- tlers in their possessions, and if he should do this there would be an end to riots, so called, and their tongues would express their gratitude for sueh protection. While negotiations were pending, the Green Mountain Boys dispossessed certain settlers, on Otter Creek, who claimed lands under New York, by reason of which Governor Tryon ad- dressed a highly seasoned letter to the inhabitants of Bennington, the 11th of August, 1772, charg- ing them with breach of faith and honor; on the 25th of August, 1772, the people of the grants re- plied and stated to the Governor that the dispos- sessing certain persons from certain lands and a saw-mill on Otter Creek, was but a repossession of property previously taken from the New Hamp- shire Grants by the Yorkers.


This controversy continued to engage the at- tention of the British Cabinet, and on Dec. 3d, 1772, they seemed to have declared that grants made under New Hampshire ought to beconfirmed and the settlers hold title to their lands under their original grants, though their lands were within the Province of New York.


We have come now to an interesting period of our early history, when the New Hampshire Grants were to declare themselves independent of New York. New Hampshire had withdrawn their claim from all territory west of Connectieut River and consequently all protection to its people. The mass of settlers on the New Hampshire grants consisted of a brave, hardy race of men. Their .


13


OF VERMONT.


minds had been aroused to the exercise of their highest energies in a controversy involving every- thing that was dear to them, property, liberty, and life. Foremost among the Grants stood Eth- an Allen. He was bold, ardent, and unyielding, and was peculiarly fitted to become their leader. During the progress of this controversy, several pamphlets were written by him well suited to stir up public feeling against the injustice of the New York claims. At this period, the people in what are now the Counties of Bennington and Rutland, called a convention by committees from the sev- eral towns. This body declared among other things, that no persons should take grants, or confirmation of grants, under the government of New York, and they forbade all inhabitants in the district of New Hampshire grants, to hold, take, or accept any office of honor or profit under the Colony of New York, and all officers, either civil or military, who had acted under the authority of New York, were required to suspend their functions on pain of being viewed. The word "viewed" had a peculiar signification. These decrees were fre- quently enforced by the application of the "beech seal." At this day we might feel inclined to cen- sure the Green Mountain Boys for the severity of the punishment they were called upon to inflict, but we must remember there was no choice lett them. It was an entire surrender of their farms, or a determined resistance by force. Necessity and force drove them to resistance. Benjamin Hough, who accepted and officiated as a justice of the peace under the authority of New York, was




Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.