USA > Vermont > Addison County > Shoreham > History of the town of Shoreham, Vermont, from the date of its charter, October 8th, 1761, to the present time > Part 21
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Another order was adopted, July 11, 1766, by which it was ordered, that all persons holding or claiming lands under " the New Hampshire grants, do as soon as may be, appear by themselves or their attorneys, and produce the same, together with all deeds, con- veyances, or other instruments, by which they derive any title or claim to said lands, before his Excellency in council, and the claim of such person or persons, which shall not appear as aforesaid, with- in the space of three months from the date hercof be rejected."
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HISTORY OF ADDISON COUNTY.
In pursuance of these orders, several individuals in the towns west of the mountains, made application for a confirmation of their New Hampshire titles ; but much larger numbers, and nearly all in some towns east of the mountains, took confirmations of their titles from New York. We have no documents which enable us to ascertain the number or dates of the grants made, from the time of the order establishing the boundary to that which forbid further grants. It seems there was some delay on account of the stamp act then in force, the governor being "determined not to issue any papers except such as were stamped," and " the people refusing to take them on that condition ;" " of course the offices were shut up," as represented by Governor MOORE, in his letter of the 9th of June 1767, in answer to Lord SHELBURNE's letter above mentioned. But he adds, " No sooner was the stamp act repealed and the offices opened again, but petitions were preferred, by many of the inhabi- tants here for grants of land lying on Connecticut River." Again, refering to the order limiting the time for making application, he says. " This had the desired effect, and in a few months, petitions, memorials, &c., were lodged by persons sent up from thence, setting up claims to ninety-six townships."
Petitions had been sent up from the towns cast of the mountains, for establishing one or more counties in the territory, and on the 22d of October 1765, the committee made a report to the governor and council, that, on account of the state of the country, it was in- expedient to establish counties, but they recommended to the gover- nor to "appoint a competent number of fit persons for conservation of the peace and administration of justice in that part of the prov- ince." And on the 11th day of July 1766, an ordinance was adopted," for establishing a court of common pleas and a court of general sessions of the peace," and judges and other officers were appointed. On the 19th of March 1768 " a large tract of land containing forty townships," was by letters patent "erected into a County by the name of the County of Cumberland." This County was bounded east by Connecticut River, south by Massa- chusetts, west by the highest part of the Green Mountain, and north by the same, or nearly the same, line which divides the present
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HISTORY OF ADDISON COUNTY.
Counties of Windsor and Orange. . On the 23d of December 1772, it was ordered, that writs issue for the election of two representa- tives to the general assembly from that County.
On the 16th of March 1770, all the territory east of the moun- tains, and north of the County of Cumberland, was formed into a County, by the name of Gloucester, and the usual county officers were appointed. Soon after the territory west of the mountains, and north of the north lines of the towns of Sunderland and Arling- ton, and embracing considerable territory also west of the lake, was established as a County by the name of Charlotte; and the re- mainder of the New Hampshire Grants was embraced in the County of Albany. Previous to this division into counties, the whole terri- tory was regarded as belonging to the County of Albany, and jus- tices of the peace, and other officers of that County, exercised authority in that territory. By order of the governor and council, September 8, 1773, an ordiance was issued establishing courts, to be held in the County of Charlotte annually, "at the house of PATRICK SMITH, Esq., near Fort Edward."
The order of the king in council, staying further grants of land, seems not to have been very satisfactory to Governor MOORE, but he and his successors professed to regulate their proceedings by it, and applications were frequently made by succeeding governors to the board of trade, urging that the order might be rescinded. But the board of trade, instead of rescinding it, complain that the gov- ernor of New York " had taken upon him," contrary to the instruc- tions, " to pass patents of confirmation of several of the townships," and had "also made other grants of lands within the same."
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HISTORY OF ADDISON COUNTY.
CHAPTER VI.
OPPOSITION WEST OF THE MOUNTAIN-NEGOTIATIONS WITH THE INHABITANTS OF BENNINGTON-AFFAIR AT WALLOOMSIC-CAP- TURE AND TRIAL OF HOUGH-COL. REED'S CLAIM-CAPTAIN WOOSTER'S GRANT-DUNMORE'S GRANT.
WHILE a considerable portion of the settlers on the east side of the mountain, seemed thus inclined to submit to the claims of New York, and accept confirmations of their charters, nearly all on the west side refused to take such confirmations under the governors proclamation, with "a quit rent of half a crown or two and six pence sterling," for each hundred aeres, and with the exhorbitant fees of the governor and other officers concerned in completing the titles, which it is said, amounted to one or two thousand dollars for cach charter. And the controversy with New York was transferred from the governor of New Hampshire, to the claimants under his grants. These chose, rather than submit to the terms required. and pay for their charters a second time, under less favorable conditions, to de- fend the titles they had in such way as they must ; and accordingly made their preparations for that purpose. They proceeded to organize the several towns and appointed the requisite officers, and so far as their circumstances allowed, adopted the laws of New Hamp- shire ; but, being without any established government or law, where their peculiar circumstances required, they became "a law unto themselves." To be the better prepared for the impending cricis, the several towns west of the mountains appointed committees of safety, and these occasionally met in convention, to consult for the general defence. For this purpose they organized a military force, " of which ETHAN ALLEN was appointed Colonel Commandant, and SETH WARNER, REMEMBRANCE BAKER, ROBERT COCKRAN and others were appointed captains." Under these leaders every able
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HISTORY OF ADDISON COUNTY.
bodied man stood ready, when called on, to enter the service. Thus organized they waged an exterminating war against all settlers, under a New York title, on lands which were claimed under a New Hampshire grant, and against all persons acting officially with- in the territory, under the laws of the former State. All rights and powers, claimed under the authority of that State were denied and resisted. If surveyors were sent to survey lands granted under that authority, they were met by a competent force and expelled from the territory. If justices of the peace. or constables living in the territory. who had taken office under the government of New York, attempted to discharge their several duties, or otherwise in- terested themselves in favor of that government, the leaders with a competent force visited and arrested them, and having administered sufficient punishment, banished them from the territory. If any man, claiming title under that State settled himself down in his hut on lands claimed by the .. Green Mountain Boys," they appeared on the ground, and. if he hesitated to relinquish his claim, leveled his cabin to the ground. desoiated his land and crops, and left him and his family, houseless and destitute, to seek a shelter where else lic might. No sheriff or other officer was permitted to serve process from the courts of Albany. If by any means writs of ejectment had been served, as was the case in the carly state of the contest, and judgments obtained in the courts at Albany, or if any of the active agents, in defence of their claims, had been indicted as riot- ers. and the sheriff had been sent, with the posse comitatus, to ex- ecute the writs of possession, or arrest the rioters, he was set at defiance by a superior force and prevented from serving his process. The inhabitants called out from the neighboring towns in New York, to constitute a posse, were too little inclined to use force against the Green Mountain Boys, to be relied on, and generally fled before they came to close quarters, and left the sheriff, with his few friends from Albany to fight the battles. At a general meeting of the committees at Arlington, in March 1774, it was, among other things, resolved, " That as a country, we will stand by and defend our friends and neighbors so indicted, (as rioters) at the expense of our lives and fortunes."
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HISTORY OF ADDISON COUNTY.
The claimants under New Hampshire, were not permitted, in the Courts of New York, to give their grants in evidence in defence of their claims. The Green Mountain Boys therefore, decided to make no further defence there, but to defend themselves, as they might, by force. Whenever the leaders chose to give their proceed- ings the forms of law, they established a court among themselves, and constituted themselves the triers, as well as complainants and executive officers, and passed and executed their own sentence.
While these proceedings were going on in the " New Hampshire Grants," the friends of New York were constantly plying the gov- ernor and council and legislature of that State for relief by com- plaints, petitions and remonstrances, accompanied with affidavits to sustain them, while the government looked on with amazement and were puzzled to find means adequate for a remedy. The "Ben- nington Mob," as they were called, had not only inspired the " Yorkers " in the territory with terror and dismay, but satisfied the New York government, that the means within their control were insufficient to meet the force brought against them. On the 19th of May, 1772, Governor TRYON of New York wrote a letter to Rev. WILLIAM DEWEY, minister of Bennington, and other in- habitants of that place and vicinity, inviting them to lay before the government " the causes of their illegal proceedings," and request- ing them to appoint Mr. DEWEY and certain others, as agents to lay their grievances before the governor and council, and giving assurance of " full protection to any persons they should choose," "except ROBERT COCHRAN, as also ALLEN, BAKER and SEVIL, men- tioned in his proclamation of the 9th of December last, and SETH WARNER, whose audacious behavior to a civil magistrate has sub- jected him to the penalties of the laws of his country."
STEPHEN FAY and his son Dr. JONAS FAY were appointed agents, and by them was sent a general answer to Gov. TRYON's letter, dated June 5, 1772, explaining the grounds of their grievances, signed by Mr. DEWEY and others; and of the same date a more detailed reply, in explanation of their proceedings, signed by ETHAN ALLEN, SETH WARNER, REMEMBRANCE BAKER and ROBERT COCHRAN. These letters were laid by the governor before the council and refer- 9
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HISTORY OF ADDISON COUNTY.
red to a committee, who recommended that the governor "should afford the inhabitants of those townships all the relief in his power, by suspending, until his Majesty's pleasure should be known, all prosecutions in behalf of the crown, on account of the crimes with which they stand charged by the depositions before us, and to re- commend to the owners of the contested lands, under grants of this province, to put a stop during the same period to all civil suits con- cerning the lands in question." This recommendation was adopted by the council, and when communicated, through the agents, to the people of Bennington and vicinity, was received with enthusi- asm and accepted by them as entirely satisfactory. But this prom- ise of peace was soon disturbed and the controversy was renewed and prosecuted as fiercely as ever.
The governor of New York, with the advice of the council, issued one proclamation after another, offering large rewards for the apprehension of ALLEN, BAKER, WARNER, COCERAN, and other riot- ers to no purpose. To as little purpose the legislature passed severe resolutions; and on the 9th of March, 1774, a law, which, for its savageness, has no superior in the legislation of any civilized com- munity. Referring to the riots which had taken place in the counties of Albany and Charlotte, by certain of the leaders, naming ETHAN ALLEN and others, it enacts, among other provisions, that " as often as either of the above named persons, or any other person shall be indicted in either of the counties aforesaid, for any offence perpetrated after the passing of this act, made capital by this or any other law," the governor is authorized " to make his order in council, requiring and commanding such offender or offenders to surrender themselves respectively, within the space of seventy days next after the first publication thereof," "to one of his Majesty's justices of the peace for either of said counties respectively, who are hereby required to commit them without bail or mainprize," to the jail in New York or Albany. "And in case the sand offend- ers shall not respectively surrender themselves pursuant to such order," "he or they shall from the day to be appointed for his or their surrendry, as aforesaid, be adjudged and deemed to be con- victed and attainted of felony, by verdict and judgment without benefit of clergy."
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HISTORY OF ADDISON COUNTY.
Governor TRYON had before that, on the 31st of August, 1773, called on Gen. HALDIMAND, commander of the British forces, for a sufficient number of regular troops to quell the riots, and after- wards, September 1, 1774, a similar application was made to Gen. GAGE, both of which were declined. Application was also made to the home government for regular troops and declined.
The first open and forcible collision, arising out of this contro- versy, subsequent to the occurrence of the Hoosick patent, as men- tional above, occurred on the Walloomsic patent. This patent was granted to JAMES DELANCY, GERARDUS STUYVESANT and others, July 15, 1739, about ten years previous to the first charter granted by New Hampshire, and was the field on which Bennington battle was fought, August 16, 1777. The charters of Bennington and Shaftsbury covered a part of this tract, and the farm of James Breckenridge was laid on this interfering territory. "Commis- sioners and a surveyor were appointed to make partition of certain lots," on this tract, "for the more effectual collecting of his Majes- ty's quit rents." Lieut. Governor COLDEN in his proclamation of December 12, 1769, states that " the said commissioners, being employed in surveying the said lots, were on the 19th day of October last past, interrupted and opposed by a number of armed men, tumultuously and riotously assembled for the declared pur- pose of preventing the said partition, who by open force compelled the commissionors and surveyor to desist from their survey, and by insults and menaces. so intimidated the said commissioners, that, apprehensive for the safety of their persons, they found it necessary to relinquish any further attempt to perform their trust," and represents "that JAMES BRECKENRIDGE, JEDIDIAH DUE, SAMUEL ROBINSON and three others were among the principal authors and actors in the said riot," and commands .and requires the sheriff of Albany to apprehend and commit "the before named rioters and offenders," and if necessary to take the posse comitatus. BRECKENRIDGE and ROBINSON, in their affidavit, deny that they resisted the surveyor, but say "a few more people assembled, & few of which had guns ;" that they "forbid their running, for we held our lands by our New Hampshire charters, " "and if they run,
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HISTORY OF ADDISON COUNTY.
they must run it as disputed lands." Whatever the facts were, the commissioners and surveyor quit the premises.
Actions of ejectment were soon after commenced against BRECK- ENRIDGE and eight others, whose land had been granted to reduced officers and others, and at the succeeding term of the circuit court at Albany, judgments were obtained against him and three others. It is said " that BRECKENRIDGE made no defence, being within twenty miles of Hudson's River;" but more probably because his land was included in the Walloomsic patent, granted prior to the charter of Bennington.
From the result of these legal proceedings, " It was hoped that the riotous spirit would subside," and commissioners were again sent to make partition of the patent, who made complaint, that "on the 20th of September they were again opposed and prevented from effecting said partition by a riotous and tumultuous body of men," "among whom was SILAS ROBINSON," and three others named. And thereupon Governor DUNMORE issued a new proclama- tion for the apprehension of the rioters. The sheriff afterwards reported, that in obedience to the proclamation, he had arrested SILAS ROBINSON, one of the rioters; and thereupon the governor and council made an order directing the attorney general to prosc- cute him. He was afterwards bailed but never tried.
The following case, among numerous others which we might re- cord, will illustrate the character of the proceedings of the " Green Mountain Boys," or at least show how they were regarded and represented by the " Yorkers." BENJAMIN HOUGH, who repre- sented himself as an " Anabaptist preacher of the gospel," resided in Socialboroughi, a New York town on Otter Creek, embracing the whole or a part of each of the towns of Clarendon and Rut- land, had accepted a commission of justice of the peace, and was an active friend of New York. In March, 1775, he preferred his petition to Governor TRYON, stating his sufferings, and praying for relief, accompanied by his own affidavit, and those of other per- sons to sustain his petition. In his own affidavit he states, among other things, " that he was attacked by about thirty persons, a number of whom were armed with firelocks, swords and hatche ts,
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was seized and carried a prisoner to Sunderland," where he was kept in custody until they sent to Bennington "for ETHAN ALLEN and SETA WARNER;" that on the 30th day of January 1775, " the rioters appointed a court for the trial of this deponent, which consisted of the following persons, to wit : ETHAN ALLEN, ROBERT COCHRAN " and four others, " and they being seated, ordered this deponent to be brought before them :" "that ETHAN ALLEN laid the three following accusations to the charge of this deponent, to wit : 1. This deponent had complained to the government of New York of their (the rioters) mobbing and injuring BENJAMIN SPEN- CER and others : 2. That the deponent had dissuaded and discoura- ged the people from joining the mob in their proceedings; and Brdly, That the deponent had taken a commission of the peace un- der the government of New York, and exercised his office, as a magistrate in the County of Charlotte, alledging that this deponent well knew, that they (the mob) did not allow of any magistrato there ;" that the judges having consulted together for some time, ETHAN ALLEN pronounced the following sentence, which he read from a paper, which he held in his hand, to wit : " That he should be tied up to a tree and receive two hundred lashes, on the naked back, and then, as soon as he should be able, should depart the New Hampshire Grants, and not return again, upon pain of five hundred lashes." After the execution of this sentence, ALLEY and WARNER gave a certificate, that he had "received a full punishment for his crimes," and the inhabitants were directed to give him "a free and unmolested passport toward the city of New York," "he behaving as becometh."
But not to trespass further upon the province of State history, in detailing the incidents of this controversy, we add only a few, which occurred within the limits of the County.
Colonel REID, of a Royal highland regiment, had received from the government of New York a grant of land, as a reduced, or half pay officer, on Otter Creek, including the falls at Vergennes, whose tenants had been dispossessed, in August 1772, by IRA ALLEN and others. This occurred, while the agents, who had been appointed by the inhabitants of Bennington, at the request of Governor TRYON,
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as stated in a former page, were in a negotiation with the governor and council, which resulted in the conciliatory measure by them adopted. This proceeding, when it came to the knowledge of Gov- ernor TRYON, so irritated him that he wrote a severe letter to the "inhabitants of Bennington and the adjacent country," charging them with a " breach of faith and honor, made by a body of your people in dispossessing several settlers on Otter Creek," at the very time the negotiations were going on, and requiring their " assistance in putting forthwith those families, who have been dispossessed, into re-possession of the lands and tenements."
The following is the substance of the answer of the committees of " Bennington, and the adjacent country " to this letter, signed by ETHAN ALLEN, clerk, on the 25th of August 1772, in explana- tion of the proceedings complained of. The people, having noticed, that " Mr. COCKBURN. a noted surveyor," had taken " a tour to the northerly parts of the New Hampshire Grants," (on Onion River) " to survey and make locations on lands," which had been granted by New Hampshire, "rallied a small party and pursued and over- took him and his party, and in their pursuit, passed the towns of Panton and New Haven, near the mouth of Otter Creek, dispos- sessed Col. REID of a saw mill in said Panton, which by force," and without right, " he had taken from the original owners more than three years before, and did, at the same time, extend his force, terrors and threats into the town of New Haven," " who so terrified the inhabitants, (which were about twelve in number ) that they left their possessions and farms to the conquerers, and escaped with the skin of their teeth." "Col. REID, at the same time, and with the same force, did take possession of one hundred and thirty saw logs, and fourteen thousand feet of pine boards," and converted them to their own use. In 1769, a man by the name of PANG- BORN, built there a saw mill, and a few claimants under the New Hampshire grant, were in possession of the lands in that year. After they were driven off, REID's men built a grist mill. The committees also deny, that there was any breach of faith, as the result of the negotiations between Governor TRYON and the dele- gates from Bennington was not known at the time, and the agents
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were not authorized to complete any arrangements, so as to be bind- ing on the people of the Grants, until ratified by them. They also promptly refused to obey the governor's requisition to afford assis- tance in restoring Col. REID's men to the possession of the lands. And thus ended the result of the negotiations for conciliatory meas- ures between the parties in 1772.
The latter part of June, or the fore part of July 1773, Col. REID, engaged several Scotch immigrants, lately arrived at New York, to settle on his lands, of which he had been dispossessed, as above mentioned, and went with them to Otter Creek. On entering upon the lands, they found several persons settled on them, claiming title under the New Hampshire charters. One of them was JOSHUA HYDE, who afterwards removed to Middlebury, and settled in the southi part of that town. Col. REID, in some way, got rid of these tenants, and entered into possession of the mill and lands clainied by him. The Green Mountain Boys, learning this fact, ALLEN, WARNER and BAKER, with a strong force, consisting, as represented by the Scotch tenants, of more than one hundred men well armed, marched for Otter Creek, and on the 11th day of August, appeared on the ground, drove off the Scotchmen, burnt their houses and other buildings, tore down the mill, which, it was said, Col. REID had lately built, broke the mill stones in pieces and threw them down the falls. JOHN CAMERON, one of the Scotch tenants, in his affidavit, as to the manner in which they went into possession under Col. REID, states, " That the persons " (the tenants in possession) " did agree voluntarily, to remove from Col. REID's land, till the King's pleasure should be known, provided Col. REID would pur- chase their whole crops then on the ground, that they might not lose their labor, which Col. REID consented to, and paid them the full value for it accordingly." The affidavit also states, "That the de- ponent was much surprised to sec, among the rioters, JOSHUA HYDE, one of the three men, who had entered into a written obligation with Col. REID, not to return again, and to whom Col. REID, on that account, had paid a sum of money for his crops." *
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