USA > Vermont > Early history of Vermont, Vol. I > Part 2
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 (link on the Part 1 page).
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
14
EARLY HISTORY
brought before the Committee of Safety, composed of Green Mountain Boys, for trial. In his defense he claimed and plead he was acting under the au- thority of New York, but it was replied. that a convention of Grants decreed and forbade all per- sons holding any office, civil or military, under New York. He was adjudged guilty and sen- tenced, "that he be taken from the bar of the Com- mittee of Safety, tied to a tree, and there on his naked back receive 200 stripes; his back being dressed, he should depart out of the district, and on return, without special leave of the convention, to suffer death. New York regarded this conduct as treasonable, and proceeded to legislate against the Grants in the most despotic manner. These persons thus interviewed, and others, made com- plaints to the New York government, and claimed its protection. A New York committee passed re- solves Feb. 25th, 1774, declaring that many acts ofoutrage and cruelty had been perpetrated by law- less persons, calling themselves the Bennington mob, and have seized, insulted and terrified magistrates and other civil officers so that they dare not exer- cise their functions; have rescued prisoners for debt, assumed to themselves military commands, and ju- dicial power, burned and demolished houses and property, beat and abused the persons of his Maj- esty's subjects," and many other acts. And they re- solved they would not countenance such conduct, and prayed their Governor to issue a proclama- tion, offering a reward of 50 pounds for the ap- prehending the leaders of the Green Mountain Boys, among whom were Ethan Allen, Seth War-
15
OF VERMONT.
ner and Remember Baker, and committing them to the jail at Albany; and recommended that a law be passed to suppress such proceedings, and "to maintain the free course of justice, and for bring- ing the offenders to condign punishment. This act did not seem to intimidate the Grants against whom such action was taken, for at a meeting held in Manchester, in March, 1774, they declared in substance, that the New York Committee had passed over in silence the great bone of discontent, the Green Mountain Boys' right and title to the lands granted them by New Hampshire, and how the Yorkers had attempted, through the New York courts and other means, to deprive them of their land and their improvements thereon, and de- clared "we are determined to maintain those grants against all opposition, until His Majesty's Royal pleasure shall be known in the premises."
On the 9th of March, 1774, the General Assem- bly of New York enacted, among other things, that if any number of persons, to the. number of three, being unlawfully, riotously and tumultu- ously assembled in the Counties of Albany and Charlotte, do not disperse at the command of a jus- tice of the peace or sheriff, they should, on convic- tion, suffer twelve months' imprisonment, with- out bail, and such other imprisonment as the court should see fit to impose, not extending to life or limb; and that if any person should know- ingly hinder such justice or sheriff in making proc- lamation to disperse, should, on proof, be ad- judged a felon and suffer death without the bene- fit of the clergy. And if any person should in said
:
16
EARLY HISTORY
counties assume judicial powers as judge or jus- tice, and should try, finc, sentence or condemn, un- less having authority under the Province of New York, or should seize, detain or assault and beat . any civil officer in the exercise of his office in order to compel him to resign, or should terrify, hinder or prevent him from exercising his authority under New York, he should be adjudged a felon and suffer death without benefit of clergy. And that special provision were made for bringing the ringleaders of the Green Mountain Boys to trial and punish- ment, that they might be committed to the prison at New York City or Albany, without the right of bail; and that they should voluntarily surrender themselves for commitment and trial; and if they fail to do so, should suffer death with- out trial; and if any person receive, harbor or suc- cor, any such person, knowing they had been re- quired to surrender themselves, they should suffer imprisonment : and if any person committed any of the offences specified they might be taken to Albany for trial. So you see that the provisions were of the most sweeping character, intended to awe the people into abject submission and to crush out the spirit of liberty and independence. With the pas- sage of this law, terminated every prospect of peace or to the submission to the claims of New York. The Grants regarded it as originating sole- ly in the avarice of a set of speculators who cov- eted their lands and their valuable improvements thereon. The great body of the people of New York did not sympathize with those acts or the course of the New York authorities. The threaten-
17
OF VERMONT.
ings of the New York government were regarded with utter contempt by the Green Mountain Boys; they had been educated in the school of adversity and inured to hardship and danger, and they met the shock with a firm, unbroken spirit. The spirit and determination of the people calling themselves the New Hampshire Grants, were clearly set forth in a remonstrance issued by Ethan Allen and oth- ers the 26th day of April, 1774, against the enact- ment of such cruel laws and against the course of the New York authorities. After setting forth, in substance, that the object of those laws was greed, declared that they were conscious that their cause was good and equitable in the sight of God and all unprejudiced and honest men, that the spring and the moving cause of their opposition to the gov- ernment of New York, was self preservation, and to preserve and maintain their property and de- fend their lives. They told the Yorkers in that re- monstrance "that they had gained as well as mer- ited the disapprobation and abhorrence of their neighbors; that the innocent blood they had al- ready shed, called for Heaven's vengeance on their guilty heads; and said, "that if they should come forthwith against us, thousands of their injured and dissatisfied neighbors, in the several govern- ments, will join with us, to cut off and extirpate such an execrable race from the face of the earth." They described to the Yorkers the character of their laws in this remarkable statement, viz.,: "If we oppose civil officers, in taking possession of our farms, we are, by those laws, denominated fel- ons ; if we defend our neighbors who have been in-
..
٢
-
18
EARLY HISTORY
dicted as rioters only for defending our property, we are likewise adjudged felon. In fine, every op- position to their monarchial government is deemed felony, and at the end of every such sentence, there is the word death." But the Green Mountain Boys said, "there was one matter of consolation for us, viz., that printed sentences of death will not kill us when we are at a distance, and if the executioners approach us, they will be as likely to fall victims to death as we." And in the same document, addressed themselves to the people of the Counties of Albany and Charlotte, as Gentle- men, Friends and Neighbors, and after stating to them that they cannot but be sensible that the ti- tle to their lands is in reality the bone of conten- tion, and that they were industrious and honestly disposed, paid their debts, and were friends of good order, they warned all officers who might be induced to apprehend any of their people under the so-called laws of New York, that they were "resolved to inflict immediate death on whomsoever may attempt the same; and that they would kill and destroy any person or persons whomsoever, that should presume to be acces- sory, aiding or assisting in taking any of them. They declared that all such "officers or persons had lieense under the laws of New York to kill us, and an indemnification for such murder from the same authority, yet, they have no such indemnifi- cation from the Green Mountain Boys."
The New Hampshire Grants known as the Green Mountain Boys were fully persuaded that the laws referred to, directed against their property, liber-
19
OF VERMONT.
ty and lives, were not only oppressive and cruel, but unconstitutional and void, and asked in their address, "can the public censure us for exerting ourselves nervously to preserve our lives in so crit- ical a situation? For in the Provinces of New York into which we are unfortunately fallen, we cannot be protected in either property or life, ex- cept we give up the former to secure the latter; so we are resolved to maintain both, or to hazard or lose both." This address bears date the 26th April, 1774, and attached to it were the following lines composed by Thomas Rowley, to wit :-
When Casar reigned King of Rome St. Paul was sent to hear his doom ; But Roman laws in a criminal case, Must have the accusor face to face, Or Cæsar gives a flat denial- But here is a law now made of late, Which destines men to awful fate. And hangs and damns without a trial ; Which made men view all nature through,
To find a law where men were tried By legal act which doth exact
Men's lives before they're tried. Then down I took the sacred Book. And turned the pages o'er,
But could not find one of this kind. By God or man before."
At this stage of the controversy, while the mat- ters between the New Hampshire Grants and New York had advanced near to a general war, the contest between Great Britain and her American Colonies had reached an alarming crisis. Meas- ures had been taken for convening a Continental
1
20
EARLY HISTORY
Congress, which was held at Philadelphia on the 5th of Sept., 1774.
The meeting of this congress was followed by a general suspension of the royal authorities in the Colonies, and many of the courts of justice were shut up or adjourned without doing business. In the New Hampshire Grants at this time there were three parties. There was the Tory party that were loval to Great Britain and did not sympa- thize with the action of the Continental Congress which was looking to a final separation from the British government; there was a party that was loyal to New York, and who were doing what they could to cause the New Hampshire Grants to submit to the laws of New York; and the third and the most powerful party that had determined to resist the authority of New York at all haz- ards. The latter party also sympathized with the action and purpose of the Continental Congress. It is difficult to say what would have been the result of the controversy between the Green Moun- tain Boys and New York, had not the controversy been arrested by the commencement of the rey- olutionary war. That war called forth all the energies of the united Colonies. Although New . York did not entirely forget the Green Mountain Boys, still the NATIONAL contest demanded and received their greatest attention. The Green Mountain Boys profited by this change in affairs. There was opposition in the County of Cumber- land to the court being convened and held at Westminster under the royal authority and the Province of New York, but those in authority
21
OF VERMONT.
whose feelings were enlisted in favor of New York, as against the New Hampshire grants, and who were supporters of the royal authority of Great Britain, persisted in forcing their way into the court house, being armed with guns, shot one man, William French, and wounded others. This massacre, as it was called, so aroused the peo- ple of Cumberland County and the people of New Hampshire, that two hundred armed men from New Hampshire came over to the assistance of the people, and they, with the others from the Grants, arrested and confined those of the royal party that were concerned in the massacre, and the leaders were sent under strong guard to jail at North Hampton. This transaction served to arouse the people on the east side of the Green Mountains against New York.
Previous to this, the opposition to the claims of New York had been confined, principally, to the inhabitants on the western side of the moun- tains. Indeed some of those on the eastern side of the mountains had surrendered their charters to their lands received from New Hampshire, and taken new grants under the authority of New York, and stood unconcerned spectators of the controversy in which the settlers on the western side of the mountain were so deeply involved. Twenty towns east of the mountain had been granted under New York. But their people were fired with a commendable zeal in favor of the . course taken by the Continental Congress. This fact, and the massacre of the 13th of March, 1775, at Westminster, referred to above, stirred the
:
22
EARLY HISTORY
people throughout the County of Cumberland, and gave new impulse to the opposition to New York, in that part of the country. And at a meeting of the inhabitants in that quarter held at Westminster on the 11th of April, 1775, the opposition to New York took a more definite shape. At that meeting it was voted, "That it is the duty of said inhabitants, as predicated on the eternal and immutable law of self-preservation, to wholly renounce and resist the administration of the government of New York, until such time as the lives and property of those inhabitants may be secured by it, or till they could lay their grievances before His Majesty's Council, with a petition to be taken out of so oppressive a juris- diction, and either annexed to some other gov- ernment or erected or incorporated into a NEW ONE."
The conflict with Great Britain overshadowed every cause or duty, and seemingly the New York controversy came to a standstill. But the New Hampshire Grants did not fail to profit from this state of things, and never, for a moment, lost sight of the object for which they had so long contended; "they improved the delay in the cul- tivation of a more perfect Union, and in better organization, and they settled down into a more deliberate, but not less decided, hostility to the claims of New York. On the 9th day of May, 1775, Ethan Allen, with his valiant band of Green Mountain Boys, surprised and captured the Fort of Ticonderoga-demanded its surrender "in the name of the Great Jehovah and the Con-
23
OF VERMONT.
tinental Congress." This signal exploit brought the Green Mountain Boys into prominence and gave them influence in the country, and they were treated with more consideration ; and the inhabit- ants on the grants began to feel their importance, but were determined to have no immediate con- nection with New York, even in the common defense. On the 17th day of January, 1776, the Grants sent a petition to Hon. John Hancock, the President of the Continental Congress, then assembled at Philadelphia, setting forth therein in substance, their controversy with New York, and asking that their controversy might lay dormant till the contest with Great Britain should end; and asked that they might do military duty in the Continental service as inhabitants of New Hampshire grants, and not as inhabitants of the · Province of New York, and that commissions be granted accordingly. But Congress recommended that they, for the present, submit to the govern- ment of New York, and gave them the encouraging
assurance that "the submission ought not to prejudice their right to the land in controversy," and when their present troubles were at an end the final determination of their rights may be mutually referred to proper judges. Up to this time the Grants had not enjoyed the benefit of a regular organization as a Colony, and had no bond of union, save a common interest to resist the claims of New York. And thus matters stood on the 1th day of July, 1776, when the American De- claration of Independence was published to the world. The American Colonies had declared
.
24
EARLY HISTORY
themselves independent of Great Britain, so that in theory, at least, she had no authority to settle the dispute with New York. Congress, then in its infancy, and with its uncertain right and power, had no disposition to interfere. There existed no earthly power, recognized as superior, having the right to decide the controversy. This state of things suggested to the settlers the expe- diency of declaring themselves independent. There- fore measures were taken to call a convention of the people. Delegates were appointed in different towns, who met at Dorset on the 24th of July, 1776. There were 5S delegates coming, from 26 towns from the west side of the mountain, and from eight towns from the east side of the mountain. At an adjourned meeting of this convention, held on the 25th of Sept., 1776, it was resolved, "to take suitable measures, as soon as may be, to declare the New Hampshire Grants a free and separate district. And also declared their attachment to the common cause against Great Britain. And the convention on the 15th of Jan., 1777, declared the New Hampshire Grants a free and an independent State. It was voted at that convention to ascertain how many were for a new State. The committee reported that "We find by examination that more than three-fourths of the people in Cumberland and Gloucester Coun- ties, that have acted, are for a new State; the rest we view as neuters."
A committee of that convention reported, and the convention adopted, among other things, a declaration that they "do proclaim and pub-
25
OF VERMONT.
licly declare that the district of territory, com- prehending and usually known by the name and description of New Hampshire Grants, of right ought to be, and is hereby declared hereafter, to be called, known and distinguished by the name of New Connecticut, alias Vermont." While these events were transpiring, the Green Mountain Boys held themselvs ready to meet any calls that were made upon them to sustain the common cause against Great Britain, and to repel any attempt that New York should make to encroach upon her domain. On the 6th of Jan., 1776, Gen. Worces- ter, commanding the Colonial troops in Canada, called for help from the Green Mountain Boys, till the regular forces could be sent him. They responded at once. Warner and his men were in Canada in a very short time. Their promptness and alacrity elicited the notice and approval of both Gen. Washington and Schuyler. At first the different towns were like separate and independent governments. Those towns that were granted under New Hampshire, had by their respective charters, the right of self government in March meeting, by the election of town officers and ordering town affairs. And, as has been inti- mated, New York repudiated these charters and any action taken by the people under them. It was for the mutual protection of the people of these different organizations, and to maintain theircom- mon rights against New York, that led the differ- ent towns to act in concert. It was a matter of necessity. They learned to act on the old maxim, "that in union there is strength." These people
26
EARLY HISTORY
were hardy, brave, and true to each other. These several towns appointed Committees of Safety; and these Committees met in convention as occa- sion required, to consult and adopt measures for their common protection. Then as the exigencies of the people demanded, and especially to prepare to bear their part in the war of the Revolution, there was a call made for a GENERAL CONVEN- TION, the proceedings of one of which have al- ready been alluded to. The first regular organized regiment was voted at a meeting held at the Inn of Cephas Kent in Dorset, July 26th, 1775, on the west side of the mountain. At that meeting they proceeded to choose officers of the regiment, ac- cording to the wishes of the Provincial Congress and the directions of Gen. Schuyler. Ethan Allen and Seth Warner were candidates for the office of Lieut .- Colonel. Allen was defeated, and greatly mortified by his defeat. He charged his defeat to the old farmers, who, he said, "did not incline to go to war."
The 7th Company of the regiment was raised, in part, from the towns near Onion River. Perley Sunderland was made Captain of one of the Com- panies, and it was said of him, "he was a mighty hunter of both beasts and Tories." When the Col- onies declared themselves independent of Great Britain, there was quite a sprinkling that adhered to the government of their mother country-re- mained loyal to her. Such persons were called To- ries. The property of many Tories was confiscated and used to pay the expenses of the war. Many of such persons joined the British. On the 26th day
·
27
OF VERMONT.
of Feb., 1779, this State passed an act, that if any such persons should return and should be found guilty, they should "be ordered to be whipped on the naked back, not more than forty, nor less than twenty stripes which shall be inflicted. And the delinquent shall be ordered to quit the State im- mediately ;" and if such return without leave from the Governor's Council and General Assembly, and be found guilty, he should be put to death; and if any one should harbor such person, he should pay a fine of 500 pounds. Col. and Daniel Marsh fled to Canada at the time that Gen. Bur- goyne swept along the western border of the State, and was reported to be marching to the valley of the Connecticut. They afterwards re- turned, and were allowed to remain. Daniel Marsh, in 1784 to 1789, represented his town, Clarendon, in the General Assembly. In 1778, James Rogers of Londonderry joined the King's troops, and his property was confiscated; and in 1797, his son petitioned the General Assembly for the restoration of his property, and all that re- mained unsold was restored to him.
.
The people were determined to root out Torey- ism, and various measures were passed by General Convention looking to that end. The General Convention held on the 25th of Sept., 1776, at Dorset, "voted to erect a jail in the town of Man- chester, 20 ft. by 30 inside; said jail to be built of logs and earth; and for the confinement of Tories and other offenders that may be adjudged to be confined." At this meeting twelve persons were chosen to be a committee to attend the next meet-
: 28
EARLY HISTORY
ing of the Convention. The office of this commit- tee was to act advisory and prepare business for
. .. the Convention. This was the commencement of · the body afterwards called the Council. And af- ter that, the delegates that were chosen to the Convention, was called the House.
Separate from these bodies was a Committee of Safety, the origin of the Council of Safety. The original number composing that body, and just the manner of the election or appointment at first, is involved in some doubt, but enough is known of :. it to show it was an extraordinary body with ex- "!traordinary powers. It exercised a combination of legislative, judicial, and executive powers. The ; government administered by it was, in principle, ·nothing short of absolute despotism. It is stated in the 1st volume of Governor and Council, that the Council of Safety was appointed July 8th, 1777, as a temporary substitute for a State gov- ernment in time of war. In power it was limited only by the exigencies of the times. Its acts and orders had the force of laws, and it was the execu- tors of them ; it exercised judicial powers ; it served as a board of war; it punished public enemies or reprimanded them; it transacted business, civil and military, with other States and with Con- gress ; it prepared business for the General Assem- bly-in short it was the State. Its President, Vice- President, and Secretary were its executive officers, and performed what the Governor, Lieutenant- Governor and Secretary did, after the organiza- tion of the State government. The officers of the first Council, in 1777, were Thomas Chittenden,
:
29
OF VERMONT.
President ; Jonas Fay, Vice-President; and Ira Al- len, Secretary.
An allusion to the Allen family will not be out of place here. It was the most remarkable family that ever inhabited Vermont. From Samuel Allen of Chelmsford descended Joseph Allen, the father of six sons; to wit,-Ethan, Heman, Heber, Levi, Zimri, and Ira. Allens, Bakers, and Warners were related either by affinity or consanguinity, and thus the most distinguished of the carly heroes and statesmen of Vermont were closely allied, and were a great power for many years. It was said of Ethan Allen that he was not a devoted Chris- tian, but there was evidence that he believed in a God. The monumental inscription for his wife, .
Mary Brownson, was composed and run as fol- lows :- : :
"Farewell, my friends, this fleeting world adieu. My residence is no longer with you. My children I commend to heaven's care, And humbly raise my hopes above despair ; And conscious of a virtuous transient strife. Anticipate the joys of the next life ;
Yet such celestial and ecstatic bliss --- Is but in part conferred on this.
Confiding in the powers of God most high,
His wisdom and goodness, and infinity, Displayd, securely I resign my breath To the cold, unrelenting stroke of death ; Trusting that God who gave me life before,
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.