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CONTROVERSY-N. Y. AND THE SETTLERS.
ernment of New York given the royal decision the same interpretation, no controversy would ever have arisen. The settlers would have acknowledged its jurisdiction and submitted to its authority without a murmur. But that government gave the decision a very different construction. It contended that the order had a retrospective operation, and decided, not only what should thereafter be, but what had always been, the eastern limit of New York, and consequent- ly, that the grants made by New Hampshire were illegal and void.
2. In this state of things the government of New York proceeded to extend its jurisdiction over the New Hampshire grants. The territory was divided into four counties, and courts of justice were estab- lished in each. The settlers were called upon to surrender their charters and re-purchase their lands under grants from New York. Some of them com- plied with this order, but most of them peremptorily refused. The lands of those who did not comply, were therefore granted to others, in whose names actions of ejectment were commeneed in the courts at Albany, and judgments invariably obtained against the settlers and original proprietors.
3. The settlers soon found that they had nothing to hope from the customary forms of law, and there- fore determined upon resistance to the unjust and arbitrary decisions of the court, till his Majesty's pleasure should be further known. Having fairly purchased their lands of one royal governor they were determined, not willingly to submit and re- purchase them, at an exhorbitant price, of another ; and when the executive officers of New York came to eject the inhabitants from their possessions, they met with avowed opposition, and were not suffered to proceed in the execution of their business.
4. For the purpose of rendering their resistance more effectual, various associations were formed among the settlers ; and, at length, a convention of
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HISTORY OF VERMONT.
representatives from the several towns on the west side of the mountains, was called. This convention, after mature deliberation, appointed Samuel Robin- 'son of Bennington, an agent to represent, to the Court of Great Britain, the grievances of the settlers, and to obtain, if possible, a confirmation of the New Hampshire grants. The actions of ejectment were, however, still going on in the courts at Albany, but no attention was paid to them by the settlers, nor was any defence made ; but the settlers were very careful that none of the decisions of the court should be car- ried into execution.
5. In consequence of the representations made by Mr Robinson at the British Court, his Majesty issued a special order, prohibiting the governor of New York, upon pain of his Majesty's highest dis- pleasure, from making any further grants whatsoever of the lands in question, till his Majesty's further pleasure should be known concerning the same. But, notwithstanding this explicit prohibition, the gov- ernor of New York continued to make grants, and writs of ejectment continued to be issued. About this time, a convention of the settlers was held at Bennington, in which it was " Resolved to support their rights and property which they possessed under the New Hampshire grants, against the usurpation and unjust claims of the governor and council of New York, by force, as law and justice were denied them."
6. A spirited and determined resistance to the civil officers of New York, followed the adoption of this resolution, and, in consequence, several of the settlers were indicted as rioters. But the officers sent to apprehend them, says a writer of that period, " were seized by the people and severely chastised with twigs of the wilderness." A military association was now formed, of which Ethan Allen was appoint- red Colonel Commandant, and Seth Warner, Remem- ber Barker, Robert Cockran, Gideon Warner, and
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CONTROVERSY-N. Y. AND THE GRANTS.
some others were appointed captains. Committees of safety were likewise appointed in several of the towns on the west side of the Green Mountains.
7. On the other hand, the militia were ordered out to assist the sheriff in the execution of his office. But the militia of the neighborhood were rather in sentiment with the settlers, and had no disposition to hazard their lives for the emolument of a few specu- lators ; and the sheriff found his power as unavailing with the posse comitatus, as without them ; for upon the appearance of an armed opposition, he found it im- possible to keep the militia together. While affairs were in this state, the governor of New York issued a proclamation, offering a reward of £150 for the apprehension of Ethan Allen, and £50 each, for Seth Warner and five others. Allen and the other pre- scribed persons, in their turn, issued a proclamation offering five pounds for apprehending and deliv- ering to any officer of the Green Mountain Boys, the attorney General of the colony of New York.
8. In 1772 the governor of New York made an attempt to conciliate the minds of the inhabitants of the New Hampshire grants, and with that view wrote to the Rev. Mr Dewy of Bennington, and to the in- habitants of Bennington and the adjacent country, inviting them to lay before him the causes of their ille- gal proceedings. He assured them that, both he and the council, were disposed to give them such relief as the situation and circumstances of the people would justify, and he engaged full security and protection to any persons they might choose to send to New York on that business, excepting Allen, Warner and three others.
9. Answers were written to this communication of Gov. Tryon, by the inhabitants, and by the ex- cepted persons, in which they gave an explanation of their conduct, and of the principles upon which they acted. They also appointed Capt. Stephen Fay and Mr Jarias Fay to wait upon the governor with their communications, and negotiate business on the 6
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HISTORY OF VERMONT.
part of the settlers. These agents were kindly re- ceived by his Excellency, and had their grievances laid before the council. The council reported in their favor, and recommended that his Excellency afford all the relief in his power, by suspending, until his Majesty's pleasure should be known, all prosecu- tions in behalf of the crown, on account of crimes with which the settlers stood charged. They further recommended that the owners of disputed lands, claimed under grants from New York, should sus- pend, during the same period, all civil suits concern- ing the lands in question.
10. The report was approved by the governor and communicated to the inhabitants of' Bemmington and the vicinity. But while this business was trans- acting, the Green Mountain Boys proceeded to dis- possess certain settlers upon Otter Creek, who claim- ed their lands under titles derived from New York ; in consequence of which the overnor again ad- dressed a letter to the inhabitants requiring the lands and tenements to be restored forthwith to the dispossessed persons. An answer to this letter was returned by a convention of delegates from the prin- cipal towns on the west side of the mountains held at Manchester, August 27th, 1772, in which they gave a minute and full account of their transactions in dispossessing the settlers on Otter Creek and con- tended that their proceedings were justifiable from the circumstances of the case. The inhabitants re- quested his Excellency to return an answer to their communication, but it does not appear that he saw fit to comply, and bere the negotiation probably end- ed.
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CHARACTER OF THE SETTLERS.
SECTION IV.
Character of the settlers on the New Hampsire grants and their modes of punishment.
1. The settlers on the New Hampshire grants were a brave, hardy, but uncultivated race of men. They knew little of the etiquette of refined society, were blessed with few of the advantages of educa- tion, and were destitute of the elegancies, and in most cases of the common conveniences of life. They were sensible that they must rely upon the la- bor of their own hands for their daily subsistence, and. for the accummulation of property. They possessd minds which were naturally strong and ac- tive, and they were aroused to the exercise of their highest energies by the difficulties which they were compelled to encounter. The controversy in which they were engaged involved their dearest rights. On its issue depended not only their titles to their possessions, but, in many cases, their personal liberty and safety. Though unskilled in the rules of logic, their reasoning was strong and conclusive, and they possessed the courage and perseverance necessary for carrying their decisions into execution.
2. We have already observed that, at the head of the opposition to the proceedings of New York, stood Ethan Allen, a man obviously fitted by na- ture for the circumstances and exigencies of the times. Bold, ardent and unyielding, he possessed an unusual degree of vigor both of body and mind, and an unlimited confidence in his own abilities. With these qualifications, the then existing state of the settlement rendered him peculiarly fitted to be- come a prominent and successful leader. During the progress of the controversy, Allen wrote and dis- persed several pamphlets, in which he exhibited, in
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HISTORY OF VERMONT.
a manner peculiar to himself; and well suited to the state of public feeling, the injustice and cruelty of the claims and proceedings of New York. And al- though these pamphlets are unworthy of notice as literary prodnetions, yet, they were at the time exten- sively circulated, and contributed much to inform the minds, arouse the zeal, and unite the efforts of the settlers.
3. The uncultivated roughness of Allen's temper and manners were well suited to give a just descrip- tion of the views and proceedings of a band of speculating and unprincipled land jobbers. His method of writing was likewise well adapted to the condition and feelings of the settlers, and probably exerted a greater influence over their opinions and conduct, than the same sentiments would have done clothed in the chaste style of classic elegance. Nor did it differ greatly in style, or literary merit, from the pamphlets which came from New York. But though Allen wrote with asperity and freedom, there was something generous and noble in his conduct. He refrained from every thing which had the appear- ance of meanness, injustice, cruelty or abuse towards those who fell into his power, and protested against the same in others.
4. Next to Allen, Seth Warner seems to have acted the most conspicuous part among the settlers. He, like Allen, was firm and resolute, fully determin- ed that the decisions of New York against the settlers should never be carried into execution. But while Allen was daring and sometimes rash and imprudent, Warner was always cool, calm and comparatively, cautious. After Warner was proscribed as a rioter, an officer was sent from New York to apprehend him. He, considering it an affair of open hostility, defended himself against the officer, and in turn at- tacked, wounded and disarmed him; but, with the spirit and generosity of a soldier, he spared his life.
5. Notwithstanding the attempts which had been
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MODES OF PUNISHMENT.
made to arrest the progress of the controversy and the orders which had been received from the crown, it does not appear that the government of New York had, at any time, taken measures to prevent the lo- cation and settlement of lands under New York titles. The cause of contention therefore still remain- ed. A reconciliation had been attempted, and its failure served to embitter the resentment of the con- tending parties, and to produce a state of hostility more decided and alarming.
6. It appears that committees were appointed in the several towns on the west side of the mountains, and that these committees met in convention, or gen- eral committee, as occasion required, to concert measures for the common defence. By this conven- tion it had been decreed that no person should take grants, or confirmations of grants, under the govern- ment of New York. They also forbade "all the inhabitants in the district of the New Hampshire grants to hold, take, or accept any office of honor, or profit, under the colony of New York; and all civil and military officers, who had acted under the au- thority of the governor, or legislature of New York were required to suspend their functions on the pain of being viewed."
7. These decrees had all the force of law, and the infraction of them was always punished with exem- plary severity. The punishment most frequently inflicted was the application of the "beech scal" to the naked back, and banishment from the grants. This mode of punishment derived its name from allusion to the great seal of the province of New Hampshire, which was affixed to the charters of the townships granted by the governor of that province, of which the beech rod, well laid upon the naked backs of the " Yorkers," and their adherents, was humorously con- sidered a confirmation.
8. That the reader may have a just idea of the summary manner in which the convention and com- 6*
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HISTORY OF VERMONT.
mittees proceeded against those who violated their decrees, we will lay before them the sentence of' Ben- jamin Hough, as a sample. It appears that the culprit had accepted the office of justice of the peace under the authority of New York, and had officiated in that capacity. Being arrested and brought before the committee of safety at Sunderland, he pleaded the jurisdiction and authority of New York, but was answered by the decree of the convention, which forbade all persons holding any office, civil, or mili- tary, under the colony of New York. The committee therefore in the presence of a large concourse of peo- ple pronounced upon him the following sentence, viz. " That the prisoner be taken from the bar of this committee of safety and be tied to a tree, and there, on his naked back, receive one hundred stripes ; his back be- ing dressed, he should depart out of the district, and on return, to suffer death, unless by special leave of com- mittee."
9. Although the application of the beech seal was the most common punishment, others were frequent- ly resorted to. Some of these were in their nature trifling and puerile. The following may serve as a specimen. A gentleman of Arlington became a par- tisan of New York and spoke in reproachful terms of the convention and of the proceedings of the Green Mountain Boys. He advised the settlers to submit to New York, and re-purchase their lands from that government. Being requested to desist, and disre- garding it, he was arrested and carried to the Green Mountain tavern in Bennington. The committee after hearing his defence ordered him "to be tied in an armed chair, and hoisted to the sign, (a catamount's skin, stuffed, sitting upon the sign post twenty five feet from the ground with large teeth, grinning towards New
York), 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 sentence was executed to
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CONTROVERSY WITH NEW YORK.
the no small merriment of a large concourse of peo- ple ; and when he was let down he was dismissed by the committee with the exhortation to " go and sin no more."
SECTION V.
Controversy with New York from 1773 to 1775-Mina- tory act of New York-Resolutions and remonstrance of the settlers.
1. The proceedings of the settlers on the New Hampshire grants against those who were sent to dispossess them of their lands, and their summary treatment of those whom they conceived to be ene- mies to their rights and liberties, were regarded by the government of New York, as open acts of treason and rebellion. They looked upon the Green Monn- tain Boys as a lawless banditti, and, confident in their own strength, and miscalculating the power, and re- sistance of a few determined spirits acting on the defencive, and driven to desperation, they resolved to bring them to merited punishment. For this pur- pose they proceeded to adopt measures "the most minatory and despotic of any thing which had ever appeared in the British Colonies."
2. A committee of the general assembly of New York, on the 5th day of February, 1774, passed sev- eral resolutions, expressive of their opinion of what they were pleased to call the lawless and riotons proceedings of the " Bennington Mob ;" and, among other things, they desired his Excellency, the gover- nor to offer, by proclamation, a reward for apprehend- ing and securing the ring leaders, in those transactions, in the jail at Albany. This committee also recon- mended that a law should be passed, the object of
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HISTORY OF VERMONT.
which should be, more effectually " to suppress riotous and disorderly proceedings, and to bring offenders to condign punishment."
3. A knowledge of the doings of this committee having reached the settlers, through the public prints, a general meeting of the committees of the several townships, was held at the house of Eliakim Wellers, in Manchester, on the first day of March, 1774, and afterwards by adjournnent, at Jehial Haw- ley's, in Arlington, on the third Wednesday of the same month. At this meeting, was drawn up a sketch of the proceedings previous to this period, and, after recommending to the government of New York to wait the determination of his Majesty, before proceeding to further extremities, it was resolved, " that as a country, we will stand by and defend our friends and neighbors who are indicted at the expense of our lives and fortunes." It was also resolved " that, for the future every necessary preparation be made, . and that our inhabitants hold themselves in readiness, at a minute's warning, to aid and defend those friends of ours, who, for their activity in the great and gen- cral cause, are falsely denominated rioters." It was, at the same time, agreed, that they should act only on the defensive, and should encourage the execution of the laws in civil cases, and also in criminal prose- cutions "that were so indeed."
4. While the convention of the New Hampshire grants was discussing and adopting these resolutions, the general assembly of New York was proceeding to carry into effect the resolutions of the 5th of Feb- ruary ; and on the 9th of March, 1774, they enacted a law which put an end to all prospect of reconcilia- tion. This extraordinary law, (which is of too great length to be inserted entire,) enacted, among other things equally sanguinary and despotie,-that if any person, or persons, oppose any civil officer of New York, in the discharge of his official duty, " or wilfully burn, or destroy, the grain, corn, or hay, of any other
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CONTROVERSY WITH NEW YORK.
persons being in any inclosure; or if any persons unlawfully, riotously and tumultuously assembled to- gether to the disturbance of the public peace, shall, unlawfully and with force, demolish, or pull down, or begin to demolish, or pull down any dwelling- house, barn, stable, grist-mill, saw-mill, or out-house, within either of the said counties of Albany and Char- lotte ; that then each of said offences shall be adjudged felony, without benefit of clergy, and the offenders therein shall be adjudged felons, and shall suffer death, as in cases of felony, without benefit of clergy."
5. It was made the duty of the governor to publish the names of such persons, in the public papers, as were indicted in either of the counties of Albany, or Charlotte, for any offence made capital by this or any other law, with an order in council commanding such offender, or offenders, to surrender themselves respec- tively, within the space of seventy days next after the publication thereof. This order was to be for- warded to the sheriff's and posted up in several public places. "And in case such offenders shall not re- spectively surrender themselves, he or they, so neg- lecting, or refusing, shall, from the day appointed for his surrendry, as aforesaid, be adjudged, demeed and, (if indicted for a capital offence hereafter to be perpetrated,) convicted of felony, and shall suffer death, as in cases of persons convicted of felony by verdict and judgment, without benefit of clergy."
6. All crimes committed on the grants, were, by this act, permitted to be tried in the county, and by the courts, of Albany ; and the courts were empow- ered by it, to award execution against such as should be indicted for capital offenees, and who should not surrender themselves in conformity to the order of the governor and council, in the same manner as if they had been convicted on a fair and impartial trial. A proclamation was at the same time issued by the governor of New York, offering a reward of £50 each for apprehending and securing, Ethan Allen, Seth
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HISTORY OF VERMONT.
Warner, Remember Barker, Robert Cockran, Peleg Sunderland, Silvanus Brown, James Brackenridge, and James Smith, whom they considered the most obnoxous of the settlers.
7. We have already observed that the passage of the forgoing law put an end to all prospect of recon- ciliation, or submission to the claims of New York. It was regarded by the settlers on the New Hamp- shire grants, as originating solely in the avarice of a set of unprincipled speculators, who coveted their lands with their valuable improvements ; and as de- signed to terrify them into submission. They were satisfied that the popular sentiment was in their favor, that the great body of the people of New York felt no interest in enforcing the claims of that pro- vince to the lands in question, and former experience had proved that the militia could not be brought to act against them with any effect.
8. Under such circumstances, the threatenings and arbitrary laws of that government were far from in- spiring terror. They were rather regarded by the settlers with contempt, and, instead of palsying, they tended to nerve the arın of resistance. Indeed, the idea of submission seems never, for a moment, to have been entertained by these brave and determined veterans. Having been long inured to toils and hardships, they were prepared to encounter difficulties and dangers with unflinching resolution and firmness. And so very highly did they prize their personal rights and liberties, that, rather than surrender them to the arbitrary claims of New York, they almost unanimously, resolved to meet death, if necessary, in their defence.
9. These views and feelings are fully manifested in theremonstrance which they made against the fore- going law, as will appear from a few brief extracts, taken from that fearless and spirited production. Af- ter portraying, in their peculiar style, the character of the New York government, they proceeded to say,
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CONTROVERSY WITH NEW YORK.
" that by legerdemain, bribery and deception, they have extended their dominions far and wide. They have wrangled with, and eneroached upon, the neigh- boring governments, and have used all manner of deceit and fraud to accomplish their designs. 'Their tenants groan under their usury and oppression, and they have gained, as well as merited, the disappro- bation and abhorrence of their neighbors. The inno- cent blood they have already shed, calls for Heaven's vengence on their guilty heads; and, if they should come forth in arms -against us, thousands of their injured neighbors will join with us, to cut off and exterminate such an execrable race of men from the face of the earth."
10. Again, says that document: "we therefore advertise such officers, and all persons whatsoever, that we are resolved to inflict immediate death on whomsoever may attempt the same ; (that is, the ap- prehension of any of the persons indicted as rioters.) And provided any of us, or our party shall be taken, and we have not notice sufficient to relieve them ; or whether we relieve them or not, we are resolved to surround such person, or persons, as shall take them whether at his, or their own house, or houses, or any where that we can find him, or them, and shoot such person or persons dead. And furthermore, we will kill and destroy any person or persons whomso- ever, that shall presume to be accessary,-aiding or assisting in taking any one of us, as aforesaid ; for, by these presents, we give any such disposed person, or persons, to understand, that although they have a license by the law aforesaid, to kill us ; and an 'in- demuification' for such murder, from the same authority, yet they have no indemnification for so doing from the Green Mountain Boys ; for our lives, liberties and properties are as verily precious to us as to any of the king's subjects ; but if the govermental authority of New York insists upon killing us, to take possession of our " vineyards"-let them come on ; we
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HISTORY OF VERMONT.
are ready for a game of scalping with them, for our martial spirits glow with bitter indignation and con- summate fury, to blast their infernal projects."
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