USA > Vermont > Bennington County > History of Bennington County, Vt. : with illustrations and biographical sketches of some of its prominent men and pioneers > Part 6
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After this sentence had been executed, and all accounts agree that the "stripes " were well laid on, Hough asked for and received a certificate of his punishment. which was as follows : "Sunderland, 30th of January, 1775. This may certify the inhabitants of the New Hampshire grants, that Benjamin Hough hath this day received a full punishment for his crimes committed here- tofore against this country ; and our inhabitants are ordered to give him. the said Hough, a free and unmolested passport toward the city of New York, or to the westward of our grants, he behaving himself as becometh. Given under our hands the day and date aforesaid. " ETHAN ALLEN.
" SETH WARNER."
The punishment thus visited upon the unfortunate Hough was of that kind usually termed the application of the " beech seal," in allusion to the great seal .of New Hampshire, affixed to the grants made by the governor of that pro- vince, of which the beech rod, well laid onto the backs of the " Yorkers," and their adherents, was humorously considered a confirmation.
This method of punishment was not infrequently resorted to by the leaders
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HISTORY OF BENNINGTON COUNTY.
of the settlers, but others less painful to the offender were sometimes used, among them the process of "viewing," as it was most commonly called. One prominent instance of the latter means was upon the occasion so frequently referred to as having taken place at the Green Mountain Tavern in Bennington. The offender is said to have been a Dutchman,1 a resident of Arlington, and a sympathizer with the New York interests, and loud in his denunciations of the proceedings of the inhabitants of the grants.
This offending intruder was arrested and arraigned before a tribunal similar to that which conducted the Hough case, although the present court was held at Bennington. Being found guilty, the prisoner was ordered " to be tied in an armed chair, and hoisted to the sign, and there to hang two hours in sight of the people, as a punishment merited by his enmity to the rights and liberties. of the inhabitants of the New Hampshire grants."
This tavern is here described and designated as the Green Mountain Tavern, but it was also known, either then or at a later day, as the Catamount Tavern, so called from the fact that the enterprising landlord had a stuffed skin of a catamount fastened on the top of his sign. The sign-post was some twenty- five feet in height, and from a projecting beam at its top the offending party was compelled to hang, exposed to the public view. As illustrative of the feel- ing on the part of the settlers on the grants toward the New Yorkers, it is said that the catamount stood grinning toward that province. The old tavern and its formidable sign stand no more. In the place where the latter is understood to have been there stands a large granite die, which is said to have been erected upon the promise of a sculptor, that if done he would furnish a statue of a catamount, to stand as the original is represented as having stood. The die stands, but the figure of the animal has failed to materialize. Benjamin Hongh, after his punishment had been inflicted and duly certified, repaired forthwith to New York, where he gave a minute account of all that had happened him to the governor, whereupon that officer sent a special message to his council, setting forth the facts as stated by Hough and the further facts concerning the disturbances that had then recently taken place in Cumberland county.
In the proceedings of the council relating to these subjects was a resolution to the effect that Ethan Allen, Seth Warner, Remember Baker, Robert Coch- rane, Peleg Sunderland, Silvanus Brown, James Breakenridge, and John Smith were the principal ringleaders of, and actors in, the riots and disturbances afore- said;" and that, in the opinion of the committee, his excellency should be pleased to issue a proclamation offering a reward of fifty pounds for apprehend- ing and securing any or either of the persons above named in his majesty's. jail in Albany. The committee further resolved that, in their opinion, a bill should be brought in more effectually to suppress the said riotous proceedings, maintain the free course of justice, and for bringing the offenders to condign punishment.
1 In Slade's State Papers this person is mentioned as Dr. A -- , of Arlington.
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NEW YORK'S PROCLAMATION.
The knowledge of this action being brought to the settlers on the grants, the committees of safety for the several townships were assembled at the house of Eliakim Weller in Manchester, on March 1, 1774, and was afterward ad- journed to the house of Captain Jehial Hawley in Arlington. At the several meetings held by the committees the grievances of the people were again set forth, perhaps more fully than before, their rights defined as understood, and thereupon resolved, "That as a country we will stand by and defend our friends and neighbors so indicted, at the expense of our lives and fortunes. And we would recommend it to the general assembly of the province of New York, to wait the determination of his majesty, relative to the title of those lands, and desist from taking us as rioters, to prevent the unhappy consequences that may result from such an attempt." And further resolved, "that for the future ev- ery necessary preparation be made, and that our inhabitants hold themselves in readiness at a minute's warning to aid and defend such friends of our's, who for their merit to the great and general cause, are falsely denominated rioters ; but that we will not act anything more or less but on the defensive, and always encourage due execution of law in civil cases, and also in criminal prosecu- tions, that are so indeed ; and that we will assist, to the utmost of our power, the officers appointed for that purpose." It was also provided by the advice of the committee that the proceedings and resolutions "be forthwith exhibited in the public papers, to the intent that all officers, magistrates, and persons whatsoever, may know, that if they presume to take the rioters aforesaid, they do it on their peril." These proceedings were signed by Nathan Clark, chair- man, and Jonas Fay, clerk. While the committees of safety were thus engaged in preparing the resolutions referred to, the general assembly of New York was no less occupied in framing and adopting an act for the suppressson of the alleged rioters in their iniquitous proceedings against the New York claimants and officers upon the grants. Their act was brought forth on the 9th of March, 1774. It is too long to be given here, but the preamble will show upon what it was based. " Whereas, a spirit of riot and licentiousness has of late pre- vailed in some parts of the counties of Charlotte and Albany, and many acts of outrage and cruelty have been perpetrated by a number of turbulent men, who, assembling from time to time, in arms, have seized, insulted and menaced several magistrates and other civil officers, so that they dare not execute their functions; rescued prisoners for debt, assumed to themselves military com- mands and judicial powers, burned and demolished houses and property, and beat and abused the persons of many of his majesty's subjects, expelled others from their possessions, and, finally, have put a period to the administration of justice within, and spread terror and destruction throughout that part of the country which is exposed to their oppression. Therefore, for the preventing and suppressing such riots and tumults, and for the more speedy and effectual pun- ishing of offenders therein, be it enacted," etc. The third section among other
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HISTORY OF BENNINGTON COUNTY.
things, provides that any person who shall oppose, hinder or hurt any officer acting under the New York authority, shall be adjudged felons, and shall suffer death, as in cases of felony, " without benefit of clergy." The sixth section provided, among other things, that Ethan Allen, Seth Warner, Remember Baker, Robert Cochran, Peleg Sunderland, Silvanus Brown, James Breaken- ridge and John Smith, who were the leaders in the riots and disturbances, and any other persons who should similarly act were felons; and unless they sur- rendered themselves within seventy days from the time of the first publication in the New York Gazette and the Weekly Mercury of a demand for their sur- render, they shall suffer death.
The full text of this remarkable enactment cannot be given here, but that it had not the effect of frightening the accused persons into submission or sur- render the following extracts from their personal reply will clearly show. "Therefore the case stands thus: If we oppose civil officers in taking posses- sion of our farms, we are by these laws denominated felons; or if we defend our neighbors who have been indicted rioters only for defending our (their) property we are likewise adjudged felons. In fine, every opposition to their monarchial government is deemed felony, and at the end of every such sen- tence there is the word Death! The candid reader will, doubtless, observe that the diabolical design of this law is to obtain possession of the New Hampshire grants, or to make the people that defend them outlaws, and so kill them when- ever they can catch them."
"Those bloody lawgivers know we are necessitated to oppose their execu- tion of law where it points directly at our property, or give up the same ; but there is one thing that is a matter of consolation to us, viz., that printed sen- tences of death will not kill us when we are at a distance; and if the execution- ers approach us they will be as likely to fall victims to death as we; and that person or country of persons, are cowards indeed, if they cannot as manfully fight for their liberty, property and life, as villains can do to deprive them thereof."
"The New York schemers accuse us with many things; part of which are true, and part not. With respect to rescuing prisoners for debt, it is false. As to assuming judicial powers, we have not, except a well regulated combination of the people to defend their just rights may be called so. As to forming our- selves into military order and assuming military commands, the New York posse, and military preparations, oppressions, etc., obliged us to it. Probably Messieurs Duane, Kemp and Banyar of New York, will not discommend us for so expedient a preparation; more especially since the decrees of the 9th of March are yet to be put in execution. And we flatter ourselves, upon occa- sion, we can muster as good a regiment of marksmen and scalpers as America can afford; and we now give the gentlemen above named, together with Mr. Brush and Colonel Ten Broeck, and in fine, all the land-jobbers of New York.
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THE SETTLERS REPLY.
an invitation to come and view the dexterity of our regiment; and we cannot think of a better time for that purpose than when the executioners come to kill us, by virtue of the authority their judges have lately received to award and sentence us to death in our absence," etc.
In closing this part of their masterly defense the proclamation says: "Draco, the Athenian lawgiver, caused a number of laws (in many respects analagous to those we have been speaking of) to be written in blood. But our modern Dracos determine to have theirs verified in blood. They well know we shall more than three, nay, more than three times three hundred, assemble together, if need be, to maintain our common cause till his majesty determines who shall be and remain the owners of the land in contest. . Will not thon possess that which Chemosh, thy God, giveth thee to possess ?' So will we possess that which the Lord our God (and king) giveth us to possess."
Following this these wonderful men addressed themselves to the people of the counties of Albany and Charlotte, who were inhabitants of the New Hamp- shire grants, from which, for want of space, only the closing section is taken, viz .: "From hence follows a necessary inference: That inasmuch as our prop- erty, nay, our lives, cannot be protected (but manifestly struck at) by the high- est authority in the province to which we, at present, belong; therefore, in the interim, while his majesty is determining the controversy, and till he shall inter- pose his royal authority, and subject the authority aforesaid to their duty, or re-annex the district of disputed lands to the province of New Hampshire, or some way, in his great wisdom and fatherly clemency, put the distressed set- tlers under New Hampshire, on an equal footing with our brother subjects in his realm; we are under the necessity of resisting, even unto blood, every per- son who may attempt to take us as felons or rioters as aforesaid; for in this case it is not resisting law, but only opposing force by force; therefore, inas- much as by the oppressions aforesaid, the New Hampshire settlers are reduced to the disagreeable state of anarchy and confusion, in which state we hope for wisdom, patience and fortitude, till the happy hour his majesty shall graciously be pleased to restore to us the privileges of Englishmen.
"Signed by - "ETHAN ALLEN, SETH WARNER,
" REMEMBER BAKER, ROBERT COCHRAN,
"PELEG SUNDERLAND, JOHN SMITH, "SILVANUS BROWN.
" Bennington, April 26, 1774."
The reader will observe from the tenor of the above proclamations that these men, as the leaders of and representing the feelings and sentiments of the inhabitants living on the grants, entertained the greatest hope that the crown would interpose in their behalf and confirm the charters made by Governor Wentworth. The crown had some years before interfered in their interest 8
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HISTORY OF BENNINGTON COUNTY.
by forbidding the governor of the province of New York from making any further grants within the disputed tract, but that injuction was entirely ignored and violated. The king had also stated in his royal order that the New York governor should make no grants whatever "until his majesty's further pleasure shall be known."
This certainly justified the settlers in the belief that some further action on the part of the crown would be taken, and in defense of their just rights, until that pleasure of the king became known, the settlers were compelled to act as they did. Again, in the year 1772, the inhabitants of the grants sent James Breakenridge and Jehial Hawley to England, to petition the king for a confir- mation of the New Hampshire grants; but before the arrival of these agents in the royal presence the subject upon which they desired to be heard had al- ready been discussed in the committee of the Lords of Trade, and that body had made a report as favorable to the settlers as, under all the circumstances, they could ask. This report was made on December 3, 1772, but was not confirmed by the king in council until April, 1773, and then in such manner as to simply amount to a recommendation to the governor of New York that. it be carried into execution ; but the governor made such an indignant protest against the order that it was of no practical effect, and in fact was absolutely valueless to the setters on the grants. The governor even went so far as to propose a substitute for the order, confirming the New York grants and de- claring those of New Hampshire to be void. This latter, by the royal acqui- escence, grown from the fact that the crown did not refuse it, became the prac- tical result of the measure. Nevertheless the inhabitants of the grants contin- ued to look for royal interference in their behalf and a confirmation of their titles. But it never came. At that time the relations of the British government to the colonies were not particularly friendly. The storm clouds of revolution were already above the political horizon. The colonies were oppressed by the taxes imposed upon them by the mother country, and the spirit of rebellion was abroad in the land. England realized this situation and so did not care to further antagonize the colonists of so strong a province as New York.
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EVENTS PRECEDING THE REVOLUTION
CHAPTER VII.
The War Between England and the Revolted Colonies - Events Immediately Preceding the War - The Massacre at Westminster - Allen Captures Ticonderoga - The English Urge the Indians to Hostilities - Attitude of the Six Nations - The Dorset Convention - Regiment of Green Mountain Boys -- They Join Montgomery at St. John's - Their Participation in the Siege - Repulse of Carlton - Honorable Discharge of the Regiment - Ethan Allen - His Capture, Confinement and Release.
D URING the period in which the events narrated in the preceding chapter occurred, that portion of the New Hampshire grants that lay to the east of the Green Mountains, and known as Cumberland county, was peopled per- haps as thickly as the district on the west; but from its remote situation from the province proper of New York, it was comparatively exempted from the scenes and strifes that attended the settlement on district lands to the west- ward. The population, too, on the east was of a more mixed character ; and while the majority were probably in full sympathy with the active participants in the controversy, yet from lack of direct interest the support the people here gave their persecuted friends on the other side was at best but passive. A large number of the residents here, rather than enter into a contest, had sur- rendered their grants from New Hampshire and taken new ones from New York; and added to this was an element of population that had acquired and possessed lands directly from New York. The county, too, was organized under the authority of the latter province; courts were regularly held, the officers were mainly in the New York interest, and should there have been any outspoken sympathy for the settlers on the west, there could not have been any well developed organization to render direct aid. The settlers here under New Hampshire claims were, in fact, held in check by a superior force of in- fluence, if not by superior numbers. Nor did the New York adherents in this locality make any considerable demonstration in favor of their own province as against the alleged riotous mob on the west side of the mountains; for they feared the vengeance of Ethan Allen and his courageous followers, and upon one occasion they had learned that their wrath was something to be avoided. More than this, New Hampshire was on the east, and Massachusetts on the south, and the sympathies of their people were wholly with the other settlers on the grants.
In consequence of the constantly increasing tyrannical, arbitrary and op- pressive policy on the part of England toward her colonies in America, it be- came necessary that the latter adopt some measures for their own relief. In vain did they petition the mother country to reduce the measure of the burden imposed upon them, and for that reason it became necessary that they relieve
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HISTORY OF BENNINGTON COUNTY.
themselves. Accordingly, through delegates and representatives chosen for the purpose, the American colonies met in congress on the 5th of September, 1774, and then resolved to maintain their liberties in such manner as should most successfully accomplish that end.
In carrying out this plan it became necessary that all courts held under the royal authority should be closed, or compelled to adjourn without transacting any business. A term of court was appointed to be held in the county of Cumberland on the 13th of March, 1775, but a number of persons faithful to the cause of the colonists determined that no business should be transacted, and to prevent the same took possession of the court-house at an hour earlier than that at which the court should meet. The officers on arriving at the place found the building thus occupied and then withdrew. During the fol- lowing night, however, the sheriff of the county, with an armed posse, stealthily approached the building and gave the command to fire, accompanying the order with fearful oaths. His mnen fired several times, after which they made a charge, entered the building, and with guns, swords and clubs, struck right and left among the occupants. By their fire one person, William French, was mortally wounded and died the next day. A number of others were seriously injured in the affray, and all, except a few that escaped, were crowded into prison. Those that escaped at once gave the alarm to the people in the vicinity and to the residents across the Connecticut, in New Hampshire, as well. At noon on the next day a force of two hundred armed men came from the last named place, and being assisted by recruited residents, recaptured the build- ing and conveyed the Tory occupants to prison. A number of the ringleaders were afterward indicted for the murder of William French, and some were directed to be confined in the Northampton jail, while others were admitted to bail until their trial could be had. Subsequently, however, at the request of the chief justice of New York, the imprisoned persons were released and returned to their homes.
Highly incensed at the outrages committed by the officers representing the New York interests, and at the demand of the chief justice of that State that the felons be released from imprisonment, the committees of safety of the towns east of the mountains held a meeting at Westminster, on the 11th of April, 1775, at which they voted, "That it is the duty of said inhabitants, as predicated on the eternal and immutable law of self-preservation, to wholly re- nounce and resist the administration of the government of New York, till such time as the lives and property of those inhabitants may be secured by it ;" and further voted that, " Colonel John Hazeltine, Charles Phelps, esq., and Colonel Ethan Allen, be a committee to prepare a remonstrance and petition to lay before his majesty, the king, asking to be taken out of so oppressive a juris- diction," etc.
Thus became identical and united the interests and cause of the people on
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CAPTURE OF TICONDEROGA.
the grants, both east and west of the mountains; and together did they act and co-operate as near as circumstances permitted, as a common people until the war was ended, and until Vermont was admitted to the union of States.
The excitement occasioned by the convention at Westminster had not fully subsided, and the united people on the grants had not sufficient time to arrange a plan of action for the future, before the length and breadth of the land was aroused to a fearful state of excitement by the conflict between the royalists and colonists at Lexington, on the 19th of April, 1775. For the time local controversies were laid aside and all loyal colonists united in the common cause against England.
Early in May the enterprising spirit of Ethan Allen and his companions found a new object for its employment. The people upon the grants were at this time in a somewhat peculiar position ; they claimed to and did re- nounce any and all allegiance to New York, and by the royal order they were no part of New Hampshire. In this position they could take no part in the affairs of the Continental Congress, yet the people were altogether in sympathy with that body as against the mother country. To show their loyalty to the cause a decisive action was agreed upon. The winter before, John Brown had been sent through the northern country bordering upon Lake Champlain and into Canada. On his journey he stopped at Bennington and met the grand committee in session at this point. From here he was accompanied by the in- trepid Peleg Sunderland, upon whose head the New York government had be- fore set a price. The result of Brown's mission was that the colonists should capture Ticonderoga, then in possession of the British troops. Ethan Allen undertook this task, calling to his assistance his faithful followers, the Green Mountain Boys. In May the preparations for the campaign were completed at Bennington, where there had already arrived a considerable force of men from Connecticut to assist in the undertaking. When all was in readiness Ben- edict Arnold appeared and exhibited a commission from Massachusetts direct- ing him to recruit a force, and command it for the expedition ; but the men were already raised and Colonel Allen chosen as their commander. Arnold was thus obliged to yield, although he accompanied the party, holding the rank of colonel, but having no command.
Passing over the events of the journey, Allen's command is found at Orwell, nearly opposite Ticonderoga, on the night of May 9. During the night he, with less than a hundred men, crossed the lake and appeared in front of the fort. Striking down the sentry at the gate Allen demanded to be shown the rooms of the commander of the place. This being done, and that officer aroused from his bed, the surrender of the fort was demanded; and upon being asked by what authority, Allen replied in the ever after memorable words : "In the name of the great Jehovah and the Continental Congress." De La Plau, the commander, offered slight resistance which was quickly overcome, and the
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