USA > Vermont > Records of the Council of Safety and Governor and Council of the State of Vermont, to which are prefixed the records of the General Conventions from July 1775 to December 1777, Vol. I > Part 51
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THE plaintiff's appearing in great state and magnificence, which to- gether with their junto of land-thieves, made a brilliant appearance; but the defendants appearing in but ordinary fashion, having been greatly fatigued by hard labour wrought on the disputed premises, and their cash much exhausted, made a very disproportionable figure at. court. In fine, interest, connection and grandeur, being all on one side, easily turned the scale against the honest defendants, and judgment withont mercy in favor of the claimants under New- York, was given against them. In the course of the trial, a grant of the township from New-Hampshire under which the defendants claimed being produced in court, and also a certificate from the Governor of New-Hampshire, and his Secretary, that the land grant was legally executed to the grantees
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whose names were mentioned on the back of the charter, it was never- theless ruled that the same should not be read in court.
SOON after, writs of possession were issued in form of law against the vanquished defendants, and new actions of ejectment were commenced against other of the inhabitants ; but their spirit was too great to bear such insults any longer; they therefore resisted and defeated the officers in their attempts to gain possession.
DIRECTLY after these tumults, the legislature of New- York passed a law annexing a penalty of thirty pounds fine and six Months imprison- ment, on any of their subjects who should refuse to assist the sheriff when legally requested, to carry into execution those writs of posses- sion.
THIS law had no sooner been promulgated, but Governor Tryon who then presided over the government, gave orders to the militia of Albany county, to assist the sheriff in executing the writs aforesaid, The inhab- itants being thus drove to the extremity of either quitting their posses- sions or resisting the sheriff and his posse. In this state of desparacy they put on fortitude and chose the latter expedient, and managed with that bravery that they defended their possessions; and the sheriff with his posse returned to their own land without any bloodshed on the occa- sion. But it should be confessed that this event was not altogether ow- ing to the valor of the green mountain boys, for the militia were most generally persuaded that the cause of those inhabitants was just; and that the New-York patentees were oppressive and unjust, and therefore they would not hazard their lives to assist them in such usurpation of the rights of their fellow-men, and in the event were sure to be no gain- ers turn which way it would.
AFTER this ineffectual muster of the militia. the land-schemers adopted different measures to accomplish their designs, perceiving that the militia would not fight for their subsequent and exorbitant claims ; and as to themselves, they were a jesuitical and cowardly junto of schemers, not inured to danger, hardships, or the horrors of war, durst not fight for their own claim; their accustomed way to carry points be- ing to deceive, cheat, and over reach the commonality of their species under pretext of law, justice, and good government. These are their horns of iron, and with them they do push. They were therefore obliged to follow their old and beaten road of politics : and by their in- fluence caused a number of the leading men among those inhabitants, tò be indicted as rioters, designing to have made such an example of them, as to fright the inhabitants in general to a tame compliance with the decisions of their courts of law, or which is the same thing, to yield up their property to them, and become their tenants and slaves.
THE inhabitants in general were apprised that this was their design, and guarded against it; were very active and vigilent in defending their friends and neighbours indicted as aforesaid; being fully persuaded that the said junto of patentees had in those very indictments for their ob- ject, the very lands which they the aforesaid inhabitants possessed.
SUNDRY proclamations under the signature of governor Tryon were issued, for the express purpose of apprehending those inhabitants which he was pleased to denominate riotous, licentious, disorderly, &c. and large rewards therein were offered for that purpose ; but the governor and whole catalogue of patentees, had the mortification to be baffled in their attempts to take rioters (as they phrased it) during the course of three years; and the green mountain boys prevailed against them, seized their magistrates and emissaries ; and in fine, all those their abettors which dared to venture upon the contested lands, and chastised them
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with the whips of the wilderness, the growth of the land which they coveted.
AND on the 9th day of March, 1774. the legislative anthority of the province of New- York, did pass twelve acts of outlawry against those inhabitants, and they on their part published a declaration of a defensive war, against the government of New- York, on the 26th day of April following : and extended their settlements and emigrants from New- England, increased their power, and they built fortifications in their frontier settlements, against the government of New- York, and garrison- ed them, and prospered until the late glorious revolution.
A PARTICULAR history of this controversy from the commencement of it down to this æra, having been written by the writer of this vindi- cation, and published in 1774, Intitled A brief Narrative of the proceed- ings of the government of New-York, &c., it will be therefore needless, as also too prolix. to give the contents a place in this ; and for this reason some memorable parts of it only are subjoined : and to the whole is add- ed as an appendix, nine sections of the same ; holding forth a clear con- futation of a New-Yorkish doctrine, recently propagated, of an antient right of theirs to the jurisdiction of the territory in dispute, with a chain of arguments calculated on an extensive scale, and predicated on undeniable facts ; evincing that the right of soil to the lands contained in the limits of the New-Hampshire Grants was conveyed to the grantees. by virtue of the respective grants ; that their right to the lands therein contained is indefeasible ; and that the royal adjudication of the bound- ary line between the governments of New. Hampshire and New-York, should have operated as a line of jurisdiction only, and not in any measure to effect [affect] the property of the subject. Without the con- sideration of these arguments on the right of title of those lands, a just conclusion on the controversy cannot be drawn ; for if those settlements were an intrusion on the right of the government of New- York, it would in a great measure extenuate their conduct towards them ; but if on the grounds of justice and solid argument the New-Hampshire Grants are good and valid, it must of necessity invalidate the New-York interfering grants, and leave that government no excuse for their abuse to those inhabitants. This we refer to the public and proceed to the later stages of the controversy.
THE approaching rupture between Great-Britain and the Colonies was matter of serious reflection to the inhabitants of this frontier ; their controversy with New- York, having (at a great expence) been previous- ly submitted to the King and privy council, by the negociation of spe- cial agents at two different times, and was in a high probability of being determined in their favor, which influenced some of the inhabitants to take a part with Great-Britain, the more so, as this part of the country was a frontier, and of consequence would be greatly under the enemy's power, who was then in possession of Ticonderoga, Crown Point and St. Johns, and commanded the lake with a vessel of force besides. At the same time their settlements were extended on the east side of the lake almost to the province of Quebec. This was their situation when on the very eve of a war with Great-Britain.
THE battle of Lexington almost distracted them, for interest inclined them to favor the royal side of the dispute, but the stronger impulses of affection to their country, excited them to resent its wrongs, and oh- tain satisfaction for the blood of their massacred countrymen. Their condition was truly perplexed and critical : their hopes were placed on the royal authority for their deliverance from the incroachments and op- pressions of the government of New-York ; but the ties of consanguin- ity, personal acquaintance and friendship, similarity of religion and man-
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ners to the New-England governments from whom these inhabitants had most generally emigrated, weighed very heavy in their deliberations ; besides, the cause of the country was generally believed to be just ; and that resistance to Great-Britain had become the indispensible duty of a free people. But there was one very knotty query, which exercised the minds of their best politicians, viz. Provided they should take an active part with their country ; and furthermore, Provided an accommodation should take place, and the colonies return to their former allegiance,- what would then become of them or their remonstrances against the gov- ernment of New-York, lodged at the court of Great-Britain ? but this danger seems to have been luckily passed over.
SOON after the news of the Lexington battle. the principal officers of the green mountain boys, and other principal inhabitants were convened at Bennington, and attempted to explore futurity, but it was found to he unfathomable, and the scenes which have since taken place, then ap- peared precarious and uncertain. However, it was imagined that pro- vided those inhabitants were loyal to their country, and the event of the war should prove favorable to America, and their struggles for liberty should bring about a revolution instead of a rebellion ; that in this case they should rid themselves of the grievous usurpation of the government of New- York, and be entitled and readily admitted to any privileges which could reasonably be expected on revolution principles, which undoubtedly will be the consequence; (for it can hardly be doubted, that provided the said inhabitants had exercised the same degree of royalty to the King that they have to the country, they might have shared as great privi- leges from the royal favor as they now request of Congress, viz. Pro- vided the event of the war had proved as successful to Britain as it has to America.) And as every of the colonies and plantations were then taking arms for the mutual security of their liberty ; and it was equally just and incumbent on the inhabitants of the New-Hampshire Grants, to do the same, It was therefore resolved to take an active part with the country, and thereby annihilate the old quarrel with the government of New- York, by swallowing it up in the general confliet for liberty ; at that time not apprehending the least danger (on the proviso of a revul- sion's taking place) that Congress would resolve them to belong to the government of New-York ; or in any manner countenance their being deprived of their liberty by subjecting them under the power of a gov- ernment which they detest more than that of the British, which they have manfully assisted the United States to suppress.
BUT the enemy having the command of lake Champlain and the garri- sons contiguous to it, was ground of great uneasiness to those inhabitants who had extended their settlements on the rivers Otter-creek and Onion- river, and along the east side of the lake aforesaid ; who, in consequence of a war, would be under the power of the enemy. It was therefore projected to surprise the garrisons of Ticonderoga and Crown-Point, with the armed vessel in the lake, and gain the command of that important pass ; in as much as such an event would in a great measure secure those inhabitants from the enemy, obliging them to take post in Canada; but whether such a measure would be agreeable to congress or not they could not for certain determine. But it was apprehended that if those posts were not soon taken they would be strongly re-inforced, and be- come impregnable to any attack short of a regular siege. for which, at that time, the country were very deficient in the articles of artillery, &c.
WHILE these matters were deliberating, a committee from the coun- cil of Connecticut arrived at Bennington, with advice and directions to carry into execution the surprise of those garrisons ; and, if possible, to gain the command of the lake. Which was done without loss of time.
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DURING near two years in the first of the war with Britain, the inhab- itants of these contested lands governed themselves, and managed their internal police under the direction of committees and conven- tions, as they had done from the commencement of their controversy with the government of New- York, a small number of the inhabitants excepted, who are situate in the southeast corner of Cumberland county, who adhere to the government last mentioned, and are part of them Tories.
ON the 15th day of January 1777. the inhabitants of the Ner-Hamp- shire Grants to the westward of Connecticut-river, at a general conven- tion, abrogated their former modes of government, riz. by committees and conventions, and declared themselves A FREE AND INDEPENDENT STATE, and have formed their constitution and mode of government, elected their officers both civil and military :' and made and established a code of laws for the future government of the State And in conse- quence of their frontier situation have been invaded by Britons, Iles- siuns, Savages, and more savage Tories ; and have (as they humbly con- ceive) in their various struggles for liberty, fairly merited the inestima- able enjoyment of it. This they consider as the ultimate reward of their many expensive toils, battles, and hazards ; and for the attainment of which, they have endured such an uncommon series of concomitant evils.
ON the 23d day of February 1778, his excellency governor CLINTON. in pursuance of the request of the Senate and Assembly of the State of New- York, issued his proclamation, which is here transcribed, with the answer to the same, which was published in August following.
" By his Excellency GEORGE CLINTON, Esq; Governor of the State of New- York, General of all the Militia, and Admiral of the Navy of the same.
A PROCLAMATION.
L. S. WHEREAS the Senate and Assembly of this state, did, by their several resolutions, passed the twenty-first day of this instant month of February, declare and resolve, That the disaffeetion of many persons, inhabiting the north eastern parts of the county of Albany, and certain parts of the counties of Charlotte, Cumberland and Gloucester. clearly included within the ancient, original, true and lately established bounds of this state, arose from a contest, about the property of the soil of many tracts of land, within those parts of the said counties respectively:
That the said contest was occasioned, partly by the issuing of divers interfering patents or grants, by the respective governments of New- York, on the one part, and those of Massachusetts-Bay and New-Hamp- shire, on the other, antecedent to the late establishment of the eastern boundary of this state ; partly by an higher quit-rent reserved on the said lands, when re-granted under New- York, than were reserved in the original grants under New-Hampshire or Massachusetts-Bay, and the exorbitant fees of office accruing thereen ; and partly by a number of grants made by the late government of New- York, after the estab- lishment of the said eastern boundary, for lands which had been before granted by the governments of New-Hampshire and Massachusetts-Bay, respectively, or one of them ; in which last mentioned grants by the late government of New- York, the interest of the servants of the crown. and of new adventurers, was, in many instances, contrary to justice and policy, preferred to the equitable claims for confirmation, of those who had patented the lands under New-Hampshire or Massachusetts-Bay :-
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That the aforesaid disaffection has been greatly increased. by an act passed by the legislature of the late colony of New- York, on the ninth day of March. in the year of our Lord. one thousand seven hundred and seventy four, entitled " An Act for preventing tumultous and riotous as- semblies in the places therein mentioned, and for the more speedy and effectual punishing the rioters:"- That many of the aforesaid disaffected persons, though unjustifiable in their opposition to the authority of this state, labour under grievances, arising from the causes above mentioned, which in some measure, extenuate their offence, and which ought to be redressed :
That, therefore, the Legislature of this state, while on the one hand, they will vigorously maintain their rightful supremacy over the persons and property of those disaffected subjects, will, on the other hand, make overtures to induce the voluntary submission of the delinquents :-
That an absolute and unconditional discharge, and remission of all prosecutions, penalties and forfeitures, under the above-mentioned act, shall be an established preliminary to such overtures ; which overtures are as follows, riz.
Ist. That all persons actually possessing and improving lands, by title under grants from New-Hampshire or Massachusetts-Bay, and not granted under New- York, shall be confirmed in their respective posses- sions.
2d. That all persons actually possessing and improving lands, not granted by either of the three governments, shall be confirmed in their respective possessions, together with such additional quantity of vacant land, lying contiguous to each respective possession, as may be neces- sary to form the same into a convenient farm : so as the quantity to be confirmed to each respective person, including his possession, shall not exceed three hundred aeres.
3d. That where lands have heretofore been granted by New-Hamp- shire and Massachusetts-Bay, or either of them, and actually possessed in consequence thereof, and being so possessed, were afterwards, granted by New- York. such possessions shall be confirmed ; the posterior grant under New- York. notwithstanding.
Provided always, That nothing in the above regulations contained, shall be construed to determine any question of title or possession. that may arise between different persons claiming under New-Hampshire or Massachusetts-Bay. or between persons claiming under New-Hamy- shire on the one, and under Massachusetts-Bay on the other part, inde- pendent of any right or claim under New- York.
4th. That, with respect to all such cases, concerning the aforesaid con- troverted lands, as cannot be decided by the rules exhibited in the afore- going articles, or some one of them. the Legislature of the state of New- York, will provide for the determination of the same, according to the rules of justice and equity, arising ont of such cases respectively, with- out adhering to the strict rule of law.
5th. That, in all cases, where grants or confirmations shall become necessary, on acceptance of the above overtures, snch grants or confirma- tions, shall issue to the grantees, at. and after. the rate of five pounds for a grant or confirmation of three hundred acres or under : and for every additional hundred acres, the additional sum of sixteen shillings ; except in cases, where lands shall be granted or confirmed to divers persons in one entire tract ; in which case, the grants shall issue, respectively, for fifteen pounds each ; which allowances shall be in lieu of all other fees or perquisites whatsoever.
6th. That whenever, agreeable to the above regulations, new grants or confirmations shall become necessary under this state, for lands here-
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tofore granted by New Hampshire or Massachusetts-Bay. the same quit- rent only shall be reserved, which was reserved in the original grants under New-Hampshire or Massachusetts-Bay.
7th. That where lands, heretofore granted by New-Hampshire or Mas- sachusetts-Bay, have been, sinee, confirmed to such grantees by new grants under New- York, the quit-rents on such lands, shall be reduced to what they were in the original grants, under New-Hampshire or Mas- sachusetts-Bay.
8th. That, in order to encourage the settlement of the aforesaid dis- puted lands, in a peaceful subjection to the authority and jurisdiction of this state, and also of all other lands held within and under this state, the following commutation for the quit-rents, shall be allowed, riz :-- That, on payment, at the rate of two shillings and six pence, lawful mo- ney of this state, into the treasury of this state, for every penny sterling of quit-rent reserved ; or, on delivery into the same, of seventeen times the quantity of grain, or other commodity, reserved for such quit-rent. the same shall thence forward be utterly discharged, and for ever cease and be extinguished.
That these overtures should be offered with a view. not only to induce the aforesaid discontented inhabitants of the counties of Albany, Char- lotte, Cumberland and Gloucester, to return to a lawful and rightful obe- dience to the authority and jurisdiction of this state ; but also in favor of all others whom the same may concern ; and to be of no avail to any person or persons whatsoever, who shall, after the first day of May next. yield or acknowledge, any allegiance or subjection to the pretended state of Vermont. the pretended government thereof, or to any power or auth- orty, pretended to be held or exercised thereunder.
That the aforegoing overtures, on the condition above expressed, be tendered for acceptance to all persons, to whose case the same, or any or either of them, do, or shall apply, upon the publie faith and assurance of the legislature and government of this state of New- York, pledged to such person and persons for the purpose.
That the several branches of the legislature of the state of New- York. will concur in the necessary measures for protecting the loyal inhabi- tants of this state, residing in the counties of Albany, Charlotte, Cumber- land and Gloucester, in their persons and estates, and for compelling all persons, residing within this state, and refusing obedience to the gov- ernment and legislature thereof, to yield that obedience and allegiance, which, by law and of right, they owe to this state.
And whereas, The said Senate and Assembly of this state of New- York. have also, by their resolution, requested me to issue my Proclamation, under privy seal of this state, reciting their aforesaid declarations and resolutions, and strictly charging and commanding all manner of persons, in the name of the people of the state of New- York, to take due notice thereof, at their peril, and govern themselves accordingly :
I DO THEREFORE hereby, in the name of the people of the state of New- York, publish and proclaim the aforesaid declarations and resolu- tions ; and I do hereby strictly charge and command all manner of per- sons within this state, at their peril, to take due notice of this procla- mation, and of every article, clause, matter and thing therein recited and contained, and to govern themselves accordingly.
Given under my Hand, and the privy seal of the State of New-York. at Poughkeepsie, in the County of Dutchess, the Twenty-Third Day of February, in the Year of our Lord, One thousand Seven Hundred and Seventy-Eight.
GEO. CLINTON.
GOD SAVE THE PEOPLE.
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[ETHAN ALLEN'S REPLY TO THE FOREGOING PROCLAMATION. ]
This proclamation, after mentioning a disaffection of many persons, inhabiting the north-east parts of the county of Albany, and certain parts of the counties of Charlotte. Cumberland and Gloucester, proceeds to affirm that these tracts of country were clearly included within the ancient, original, true, and lately established bounds of the state of Ner- York.
That many, nay, almost the whole of the inhabitants in those counties, alias the state of Vermont, are disaffected to the government of New- York, will not be disputed. This is a fact. But it is not a fact, that the ancient. original and true bounds of New- York, included those lands. The first intimation that ever saluted the cars of the public, asserting this doctrine, was, from a proclamation of governor Tryon's, dated the ilth day of December, 1771, which begins thus : " Whereas, it is the an- " cient and incontestible right of this colony. to extend to Connecticut " river, as its eastern boundary." This assertion hath been answered, at large. in my Treatise on the Conduet of this Government, towards the Ver-Hampshire Settlers; to which I refer the reader, and at present ob- serve, that as the quoted assertions in these proclamations, are wholly without foundation, they need only to be as positively denied as they are asserted. The fact is, that the traet of land, which now comprehends the state of Vermont, was, universally, known to be in the government of New-Hampshire. Thus it was placed by all Geographers in their maps, 'till the year 1764, when the now English King, for certain political reasons, which I shall mention, extended the jurisdiction of New- York over the premises, by his special royal authority. At the time of the al- teration of this jurisdiction, jealousies had fir'd the minds of king and parliament against the growth and rising power of America, and at this lime, they began to advance men and governments into power, with a political design to crush the liberties of America. New York had ever been their favorite government. They could almost vie with Great- Britain in the art of vassalaging common people, and in erasing every idea of liberty from the human mind. by making and keeping them poor and servile. This, Great-Britain well knew, and therefore fleeced a large territory from New Hampshire, and added it to New- York, to do- press the power of the one, and enlarge and extend the other. A well concerted plan : but the green mountain boys disconcerted it, by throwing their weight into the scale of congress, which, thank GOD, has fairly ponderated. Thus may be seen the design, as well as date. of the original, ancient and true bounds of the state of New-York's being extended over the state of Vermont ; and for the same reason it was thus extended by Great-Britain. it will undoubtedly be curtailed by congress.
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