USA > Vermont > Early history of Vermont, Vol. II > Part 16
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Samuel Wells of Brattleboro, one of the judges of the Court of Common Pleas, and one of his Majesty's Justices of the Peace who purchased lands under Governor Wentworth before 1762, which was confirmed to him by a grant from the government of New York, stated in his affida- vit, given March 2, 1771, that at the time the King had determined that the eastern boundary of New York was the Connecticut River. July 20, 1764, the Province of New York to the eastward of the Green Mountains had very few inhabitants,
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but at the time of giving his affidavit they had in- creased to ten times the former number and had purchased lands under the New Hampshire pa- tents, but since the King's determination afore- said many were desirous of taking out new grants from the Province of New York: he said that within two years the people in that part of the country have been induced to conceive that that part of the country would soon be annexed to New Hampshire, and that they had been encour- aged in that view by Governor Wentworth; that a petition to his Majesty to bring about the an- nexation had been widely circulated in the north- ern part of the district and signed by many of the people, whether inhabitants of that country or not and by children down to 12 years of age; but the settlers in the southerly part of that tract east of the Green Mountains had not signed the peti- tion and were almost universally desirous of re- maining in the Province of New York.
Many affidavits substantially of the same char- acter were taken in the interest of New York. One John Kelley stated in his affidavit, bearing date March 6, 1771, that he had a map that he procured from a gentleman in New Hampshire as an authentic draft of the lands said to have been granted by Governor Wentworth on the west side of Connecticut River, and from that, it appeared that Governor Wentworth had issued 129 pa- tents, the names of the townships and the dates of the grants being given, commencing with Ben- nington, that was issued January 3. 1749, and ending with Corinth that was issued February h. 1764.
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The number of inhabitants in the County of Cumberland in 1771, was 3947, and in Gloucester County 762 as given in the New York Document- ary History. In the County of Gloucester at that date there were 121 heads of families as given in said History.
On May 30, 1771, John Munro, a Justice of the Peace, wrote to Secretary Banyar in the interest of the New York government, that "every person that pretends to be a friend to this government is in danger of both life and property ; for my own part I have done every thing that might be a means to prevail, but all to no purpose, for every act of friendship that the government and minis- ters of justice show them, seems to raise their spirits as if the whole government were afraid of them. They assemble themselves together in the night time and throw down all Yorkers fences and drive the cattle into the fields and meadows and destroy both grass and corn and do every mis- chief they can think of."
Accompanying this letter were affidavits of Samuel Willoughby and David Wing taken before said Munro as Justice. Willoughby, who was one of his Majesty's Constables, stated that he was overtaken on the King's highway by a number of rioters armed with clubs, and that one of them laid hold of him with his club over his head, and threatened his life unless he would carry off the writ of ejectment which he had served upon one of the rioter's wives in his absence, which the Consta- bie refused to do, upon which one of the rioters came up and laid the writ upon his arm and
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obliged him to bring it off; and that on the night of the 23d day of May 1771, on his way from Al- bany to Bennington to serve some executions, he lodged at the house of Samuel Safford in Benning- ton, and that in the night the family were alarmed by the firing of a gun, and in the morning he found his horse had been shot dead.
David Wing stated in his affidavit that on May 21, 1771, he was commanded to assist Samuel Pease, one of his Majesty's Constables of the County of Albany, to take one Thomas French with others for rioting, but they were met by a number of rioters; they found French's house sur- rounded by a great number of men "vowing that the Constable and his party should carry no man- out of town, and if the Constable carried one to jail, the jail should not stand three weeks; they damned the rascally Yorkers, Esquire Munro and all his authority, with many such other ex- pressions."
In a long document addresssd by the Board of Trade to the Lords of the Privy Council June 6, 1771, the Board in a general way claimed that the jurisdiction of New York extended to Connec- tict River, but at the same time suggested, to save disputes and for effectually securing the settlers under New Hampshire grants in the possession of what they have already settled and improved. that it be submitted to a jury whether there had been any actual settlement and improvement of the lands claimed under the New Hampshire grants, and if such settlements and improvements were found to have been made before grants were
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made by New York, such settlers should have pref- erence and be left in possession.
On October 2, 1771, the Governor of New York addressed a letter to the Governor of New Hamp- shire, complaining that his Excellency had pro- cured Whiting and Grant to explore Connecticut River, with the purpose of showing that the northern limits of New York would in no part in- tersect the Connecticut River, and that his Majes- ty might be induced from this circumstance to al- ter and extend the jurisdiction of New Hampshire. And stating that he had received intelligence that Whiting and Grant, instead of tracing to its source the northerly branch which was the head of the river, pursued an easterly branch above the township of Lancaster to its source that they called the head of Connecticut River.
The following account of an attempt of Henry Ten Eyck, the High Sheriff of the County of Al- bany, to serve a writ of possession for the lands and tenements recovered of one James Braken- ridge at Bennington in July 1771, is given by Wm. Pemberton, one of the Sheriff's posse. They found a large number of armed men in and near the house. The house was locked and barricaded and a number of loop holes made through which to fire. The Sheriff knocked at the door for admit- tance. He was refused admittance. The Sheriff ordered the writ to be read. The Sheriff went up to those outside of the house-about forty armed men-and requested them to begone. The Sheriff asked them what business they had there. They then asked the Sheriff what business he had there.
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The Sheriff informed them he came to take posses- sion of Brakenridge's house. They requested the Sheriff and his posse to depart, and if they did not they would make them depart, whereupon the Sheriff returned to the house, knocked at the door and requested admission, and called upon one of his deputies for an axe in order to break open the door. As soon as the Sheriff took the axe, the party opposed presented their guns that had been previously cocked ready for use. Pemberton took hold of the Sheriff and prevented him from forcing the door, thereupon the Sheriff and his posse left. The Sheriff started for another house to give pos- session, but his posse would not follow him.
John Munro in his letter to Governor Tryon of November 6, 1771, said, "I am sorry to inform your Excellency that the same factious spirit still prevails throughout this country, for its got so that no man durst speak one word in favor of this government without being in danger of both life and property-for they declare themselves not afraid of all the force that this government send against them, and they will hold the land in defi- ance of his Majesty, should he go contrary to what they think is right."
On November 12, 1771, a warrant was issued for the arrest of Ethan Allen, Baker, Sevil and ยท Robert Cochran and accomplices, to be brought before a Justice to be dealt with as rioters. In the complaint of Charles Hutcheson on which the warrant was based, it was stated that while he was at work on his 200 acres of land granted to him under the seal of the Province of New York,
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nine persons armed, calling themselves New Hampshire men, came to the house he had built on the lot and attempted to demolish the house. He requested them to stop. They said they would burn it; for that morning they had re- solved to offer a burnt sacrifice to the gods of the world. * They held two clubs over his head ready to strike and commanded him to leave that land, and if he returned he should be'barbarously used." They often boasted that they could on short notice raise many hundreds of New Hamp- shire men to prevent any soldiers or others settle- ing on these lands. He said he had been "credibly informed that said Allen denies the being of a God, and denies that there is any infernal spirit existing."
The said Justice who issued said warrant for the apprehension of said persons, wrote to Col. Fanning November 12, 1771, "that I am of opin- ion no Sheriff or Constable will apprehend them. That it will be highly necessary for his Majesty's peace and the relief of these distrest highlanders who fought valiantly through the last campaign, that his Excellency in Council issue his procla- mation offering reward for apprehending those abominable wretches-that then some person of their own sort will artfully betray them,"
On December 11, 1771, Wm. Tryon issued his proclamation setting forth that New York had an incontestible right to the territory to Connecticut River, and that sundry loose and disorderly per- sons claimed lands under New Hampshire within 17 miles of the Hudson River, and openly bid defi- 18
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ance to the authority of his government, burnt several dwelling houses, and were endeavoring to delude the ignorant and unwary into a belief that 20 miles from Hudson River is the boundary be- tween this Province and New Hampshire; and claimed that until the year 1741, the west bound- ary of New Hampshire was the Mason line which extended only sixty miles from the sea coast. And generally reviewed the jurisdictional contro- versy with New Hampshire. And closed his proc- lamation, by enjoining all persons residing on the lands before claimed by New Hampshire, to yield strict obedience to the laws of New York as faith- ful subjects, as they would answer the contrary at their peril. The Council of New Hampshire took under their consideration the letters of Governor Tryon to Governor Wentworth and said procla- mation, and advised Governor Wentworth not to issue any proclamation relating to the premises as his Majesty's order in Council July 20, 1764, had limited New Hampshire to the west bank of Connecticut River.
In the official documents and declarations of the New York Governors and other officials and in the letters and affidavits given and sent to the New York authorities by the inhabitants of the New Hampshire Grants who were sympathizers with the New York view of the controversy, called and treated the inhabitants of that territory reb- els, rioters, and rascals instead of men contending for their personal and property rights. The Gov- ernor of New York on May 19th, 1772, informed his Council that the rioters had brought to Ben-
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nington two peices of cannon and a mortar peice from the fort at East Hoseck with powder and ball, and were making great preparation for their defense, giving out that a body of regulars were on their march against them. And that Remem- ber Baker and his party went the day before to the house of Bliss Willoughby, and cut him in a barbarous manner. And on the same day Gov- ernor Tryon addressed a communication to the in- habitants of Bennington charging them with many illegal acts and warning them of the conse- quences, setting forth that such acts were not only a reproach to themselves but dangerous and injurious to their families and interests and can- not fail of being highly offensive to their Sover- eign; that they might depend that a perseverance in their disobedience to, and violation of the laws of their country must soon draw forth against them the exertions of the powers of government ; that he was willing to examine into the grounds of their behavior and discontent with deliberation and candor, and give such relief as the nature of their situation and circumstances would justify ; and would give full protection and security to any one they might send to confer on the matter, ex- cept Robert Cochran, Ethan Allen, Remember Baker, Seth Warner and one Seville mentioned in his proclamation of December 9, 1771; and re- minding them that the King had fixed Connecti- cut River as being the boundary between New Hampshire and New York; and don't be mnisled or deceived by a persuasion that that part of the country that they inhabited would ever be an- nexed to the government of New Hampshire.
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On May 22, 1772, Benjamin Spencer informed the Governor "that in the town where he resided the inhabitants were daily threatened to be driven off their possessions, the house he lived in burnt, and that he was obliged to confine himself at home as he could not with safety go from thence to transact his business."
On June 1, 1772, the Council of New York made report to their Governor giving their version of the entire controversy, placing the New Hamp- shire Grants in the wrong. The Council admitted that the New Hampshire Grants claimed and deemed the soil of the district in controversy was within the jurisdiction of New Hampshire until the year 1764, when the King fixed the boundary between the two provinces at Connecticut River: that the property in the soil was not altered but the jurisdiction only was established by the order ; that since that order sundry grants have been made by New York government on the lands that had been previously granted by New Hampshire. Such grants were contrary to the prohibition con- tained in his Majesty's instructions to the Gov- ernor of New York, but grantees under New York had brought repeated ejectments to dispossess the settlers, under New Hampshire, whose proof on trials of their title, though taken from authentic records, were rejected, and not allowed time to col- lect evidence to support their cause, contrary to the laws and usages of New York ; and that many persons had been groundlessly accused and in- dicted as rioters and thereby greatly harassed and distressed by imprisonment and unreasonable costs.
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On November 24, 1772, John Munro wrote Governor Tryon that money was being counter- feited and counterfeit dollars of the dates of 1760, 1766, and 1768, and a crown piece dated 1752, were found on John Searls of Arlington and Com- fort Carpenter of Shaftsbury; that he had issued mittimus for them and sent them off in the custody of the Constable and his assistants; they suffered Carpenter to make his escape, and Searles they committed to jail, but after ten days let him go about his business. And then says, "what can a Justice do when the whole country combines against him-the very night I sent those two to jail some of their associates broke and destroyed one of my potash works, which cost me upward of fifty pounds-my property is destroyed night and day. By the confession of these felons, there is a line of money makers from New Jersey to a place called Cowas Back of New Hampshire. I have got the names of 17 more. I have sent after them, but I know the Constables will not be faith- ful for they are, it is my opinion, less or more concerned."
The New York Council in November, 1772, were informed by Major Philip Skene that certain towns on the Grants held a meeting at Manches- ter on the 21st of October, 1772, and appointed Jehiel Hawley and James Brakenridge their agents to repair to London to get a conformation of their claims under the grants of New Hampshire and that their agents were instructed to pray for an alteration in the jurisdiction; thereupon on December 3, 1772, the Board of Trade addressed a
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long communication to the Lords of the Privy Council, restating their claim of the nature of the controversy, which has heretofore been stated, and too long to be stated here in full, and stating their plan to the Privy Council for the settlement of the difficulties respecting the New Hampshire Grants. But in all the plans suggested they in- sisted that the jurisdiction should extend to Con- necticut River.
On December 23, 1772, a petition of 151 per- sons of the County of Cumberland was presented to Governor Tryon praying his Excellency to issue a writ to enable the freeholders and inhabitants of the said County to elect and choose two repre- sentatives of said County to serve in the General Assembly. Said petition was read in Council and the writ ordered to issue.
After the County, Charlotte, had been formed out of the County of Albany that embraced lands and towns east of the twenty mile line, there was a numerously-signed petition presented to Gov- ernor Tryon to make Skenesboro (now Whitehall) the seat of judicature for the new County, and that was favored by many of the New Hampshire Grants.
A petition was made to the King in January, 1773, signed by the inhabitants of Gloucester and Cumberland, to the number of about 400, beseech- ing his Majesty "to direct that the several town- ships which they hold under the charter of New Hampshire within the said Counties may be forth- with granted and confirmed to them under the Great Seal of the Province of New York at the us- ual quit-rents and half the fees of office."
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Lord Dartmouth, on behalf of the King and his Council, in answer to the report of the Lords of Trade respecting the land grant controversy be- tween New Hampshire and New York, addressed Governor Tryon on April 10th, 1773, giving his Majesty's final instructions upon the difficult matter, in which he declared, "that all claims to lands derived from the grants of townships here- tofore made by the Province of Massachusetts Bay, should be established and confirmed, and the present proprietors quieted in their possessions, and that all grants whatever made by the govern- ment of New York within the limits of said town- ships, being in their nature oppressive and unjust, should be set aside, but that the persons, claiming possession under those grants, should upon condi- tion of their quitting such claim, receive grants under the seal of New York upon the like terms and free of all expense of an equal number of acres in some other part of the district lying between the River Hudson and the River Connecticut. And that in cases where any actual improvement has been made, the possessor should receive fifty acres of waste land for every three acres that have been so improved." They also decided that grants made by New York, antecedent to those made by New Hampshire, should be confirmed, if possession had been taken and improvements made. And that all townships laid out by the Governor of New Hampshire or New York, not included within the limits of antecedent grants, be established as townships, and all persons pos- sessed of shares therein where actual settlement
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and improvement have been made be quieted in such possession. And recommended that the legislature of New York establish some mode to ascertain by a jury the state of possession, settlement and improvement on such lands. And all other lands not granted be disposed of as the King shall think fit. No order was made to place the disputed lands within the jurisdiction of New Hampshire. These orders did not satisfy the people generally living in the disputed territory.
Governor Tryon not being quite satisfied with the above instructions and order of the King and and his Council, addressed Lord Dartmouth on July 1, 1773, and said, "your Lord is already ap- praised that the measures recommended by the Lords of Trade cannot be carried into execution without the authority of the legislature, and you will permit me frankly to declare that I think I cannot flatter myself with the slightest hope of procuring the concurrence of the Assembly of this Province in a scheme so repugnant to the claims of persons who from their numbers and connec- tions have a very powerful influence in the Col- ony." And urged that his Majesty should take the matter into his own hands without the aid of the legislature and "declare the New York Patents valid whether they do or do not interfere with prior or subsequent grants under New Hampshire. And that all New Hampshire Patents be declared void." And make liberal equivalents out of waste lands to the settlers under New Hampshire Grants.
In August 1773, more rioting was reported.
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James Henderson wrote August 12, 1773, "last night we were overpowered by more than 100 men. Our houses are all burnt down. The grist mill is all put down; the mill stones broke and thrown into the creek; the corn all destroyed by their horses; and when it was proposed that we should build houses and keep possession, they threatened to bind some of us to a tree and skin us alive, therefore we think it impossible for us to live here in peace."
John Munro wrote again to Governor Tryon on August 22, 1773, "that the mob had broke loose. * * * A few nights ago. all my pot and pearl ash, with twenty barrels of pot and pearl ash were burnt to ashes in the night time. * * * Last night one of the mob was taken by a Con- stable for stealing a horse but the mob rescued him immediately and carried him to Benning- ton." This letter was read in Conncil on Septem- ber 20, 1773.
John Cameron made affidavit at New York City September 25, 1773, which set forth that he and several others settled as tenants of Col. John Reid on lands on the Otter Creek in Charlotte County, while viewing the land with Colonel Reid, were met by two Englishmen who claimed a part of the land under New Hampshire on which houses had been built by Reid's former tenants ; that crops were growing on said lands; that said New England claimants agreed to remove from the land till the King's pleasure should be known, if Reid would purchase their crop, which Reid con- sented to do; and that Reid paid over 61 pounds
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for the crops, and Reid's tenants took possession of the land; and notwithstanding this a mob on August 11, 1773, turned James Henderson and others out of their houses and burnt them to the ground, and let loose about 50 horses into the field of corn that Colonel Reid had purchased, and also burnt a large stack of hav; that rioters on the next day headed by Allen, Baker and Warner destroyed Reid's grist mill; that the said Cam- eron then demanded by what authority or law they committed such violence, to which Baker re- plied that they lived out of the bounds of the law. and holding up his gun said that was his law and that they were resolved never to allow any per- son claiming under New York to settle in that part of the Province, but if he would join with them they would give him lands for nothing ; that he saw among the rioters one Joshua Hide one of the men that Reid had paid for his crops.
On August 31, 1773, the Council of New York advised the Governor to request the Commander- in-Chief to order troops to occupy the posts of Ti- conderoga and Crown Point to keep the peace and aid in the execution of the law in that part of the country. Governor Tryon sought to obtain some of the King's troops through General Haldi- mand, but Lord Dartmouth informed the Gov- ernor through General Haldimand "that the King does not think fit that his Majesty's troops should be drawn out in aid of the civil power in the Colonies, unless in case of absolute and una- voidable necessity.
Benjamin Spencer in his affidavit taken Decem-
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ber 6, 1773, set forth in substance that a mob led by Ethan Allen, Seth Warner and Remember Baker, numbering in all 130 to 150 men, on No- vember 12, 1773, broke down his door with an axe and entered his house, and ordered him to arise and called him an old offender, and that he and his townsman must take and hold their lands under New Hampshire and submit to the rules of their mob or they would destroy their property and make them quit the country; that he was taken to the house of Joseph Smith in Durham where the mob concluded to hold their Court; there they erected what they called a "judgement seat," where Allen, Warner, Baker and Robert Cochran took their seats as judges; that they charged him that he had made application to the government of New York for title to his land and induced others to join him; that he acted as Com- missioner of the Peace under the Great Seal and government of New York contrary to their orders and rules; had issued warrant against one of their party for trespass and induced people to pay respect and obedience to the laws of New York. The Judges adjudged his house a nuisance and that it should be burned. "They accordingly set the roof on fire and took the roof entirely off with great shouting of joy and much noise and tu- mult." They charged Spencer not to act as a magistrate or do anything against their interest on pain of the severest punishment.
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