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 54
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BUT to continue the parallel. Those acts of outlawry, according to the express tenor thereof. impowered their courts of judicature, to award sentence of death against any of those inhabitants as should be capitally indicted, although they were not personally before such court; and in like manner any other sentence of punishment short of death, against any of the said inhabitants which should be criminally indicted without any hearing, mearly on indictment itself; and also gave a full indemnifi- cation to any and every of their subjects, for killing, maiming or wound- ing those inhabitants which opposed such execution of law: in fine, the real designs of these laws were to obtain possession of the farms of those inhabitants. or to make those who had the magnanimity to oppose them outlaws, and kill them where ever they could be found, that they might possess and enjoy the country; for such as they could not kill on the spot they only had to indict capitally, and procure a sentence of death against them, from their court of judicature. (which was easily done,) and then every of their subjects or ruffians, became legal executioners; and from motives of public or private rewards, were at liberty, nay un- der obligations to kill and exterpate them from the lands coveted, in any manner and by any stratagem which might best serve such inhumane purposes; for all which savage cruelties, the parpetrators had govern- mental indemnification : and thus the inhabitants (which they would fain have to be their subjects.) were obliged either to give up their inheri- tance, or, in the Yorkish sense of the word become outlaws, fellons, rioters, etc., and be subjected to the dangers and hazards of the shocking evils before mentioned, which nothing but the daring spirit and uncon- querable fortitude of the green mountain boys prevented taking place.
MUCH more might be said as to the injustice, tyranny, oppression, and malevolence of these laws, but it is needless to animadvert any fur- ther on them, inasmuch as they carry their own refutation along with them; they are therefore subjoined verbatim to this vindication; with the original answer to the same, published soon after they made their public appearance, and submitted to the public consideration; with this observation, that among the arbitrary edicts of the British government towards the colonies, none were equally oppressive to this, except their declaration of war. Their act for transporting the subjects of the colo- nies across the sea for trial for crimes committed, or said to be commit- ted, in this country, was a daring stroke against the liberties of a free people; for though they were permitted a personal hearing, yet it was attended with great embarrassments, and insurmountable evils and dis- advantages, to be forced to a trial in a strange country, destitute of ac- quaintance, friends, or evidence, to make a defence ; and probably without money or credit: this would be a shocking condition to be re- duced to, especially by law, the original design of which, was to pro- tect and promote the liberty and happiness of mankind. This bears a near resemblance to those acts of outlawry, tho' it is hardly so replete
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with malicious turpitude ; and therefore a more certain destruction would have been the fate of the inhabitants of Vermont, had those laws taken place; who, on a land jobber's indictment, and land jobbing court's judgment, without hearing, [were] to suffer death, or other punish- ment, by virtue of the laws of an infamous land jobbing legislature.
THE local distance of Vermont from the seat of government in the state of New- York is near four hundred and fifty miles from its extream parts, which would make government chargable and inconvenient; and abstracted from all other considerations, would constitute a sufficient reason for the independence of Vermont; nevertheless, provided those inhabitants were obliged to submit to the government of New- York, they would wish to have the distance ten times greater.
THE people of Vermont consider themselves as being virtually in union with the united states from the time that they took possession of lake Champlain, and the garrisons depending thereon, in behalf of the united states, in May 1775; from which early period of the revolution, they have taken an active part with them, and have pursued invariable, the same object, riz. liberty: have participated in all their troubles; and with them have hazarded all that is worth living or dying for: such a combination of interests, and mutual co-operation, in securing and de- fending the same, constitutes the very nature and essence of union and confederation, nor can there be more than a meer formal declaration requisite to fully establish a confederation between them.
AND lastly. A confederation of the state of Vermont with the other free and independent states, cannot fail of being attended with salutary consequences to the confederacy at large for ages yet to come. What a nursery of hardy soldiers may in future be nourished and supported in this fertile country, (which is one hundred and fifty miles in length, and near sixty in breadth.) stimulated with the spirit of liberty, having a perfect detestation and abhorrence of arbitrary power, from the exer- tion of which they have suffered so much evil; will instill the principles of liberty and social virtue in their children, which will be perpetuated to future generations; their climate and interior remove from the sea coast, will naturally be productive of a laborious life, by which means they will be in great measure exempted from luxury and effeminacy, and be a valuable support to the rising empire of the new world.
THE following Votes and Proceedings of the Legislature of the Col- ony of New-York are subjoined to this Vindication; and also the Votes and Proceedings of the General Committee for the Inhabitants of the New-Hampshire Grants in Answer thereto: And likewise, the Acts passed by the Legislative Body aforesaid, the 9th of March Ultimo, and Remarks on the same, which here follow in their order, as they were published in sundry public News-Papers in America.
From the New Hampshire Gazette, No. 914.
"At a general meeting of the committee for the several townships on the west side of the range of green mountains grunted under the great seal of the province of New-Hampshire, held at the house of Mr. Eliakim Wel- lers, in Manchester, on the 1st day of March, A. D. 1775 [1774:] and after- wards, by adjournment, at the house of Cupt. Jchiel Hawley, in Arlington, on the third Wednesday of the same month; at which sereral times, and places, the New-York Mercury No. 1163, was produced; which contains an extract from the votes and proceedings of the General Assembly of the col- ony of New-York, which is as follows, viz.
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"DIE SABATI, 10 Ho. A. D. 5th February, 1774.
"MR. [Crean] Brush, (in behalf of Mr. Clinton, chairman) from the grand Committee reported, that he was directed by the said Committee, to make the following report to the house, riz. That the said Commit- tee, having taken into consideration the petition of Benjamin Hough* in behalf of himself, and many of his Majesty's subjects, inhabiting the county of Charlotte, and the north-eastern district of the county of Al- bany; complaining of many acts of outrage, cruelty, and oppression, committed against their persons and properties, by the Bennington MOB, and the dangers and injuries to which they are daily exposed, and im- ploring that this house will take them under their protection, and seenre them against future violence; and the said committee, having also duly considered the several proofs and depositions presented in support of the truth of the said petition, do therefore resolve,
"1, THAT it appears to this committee, that there, at present, pre- vails in part of the county of Charlotte, and in the north-eastern district, of the county of Albany, a dangerous and destructive spirit of riot and licentiousness, subversive of all order and good government; and that it is become an intolerable grievance, which requires immediate re- dress.
"2. RESOLVED, That it appears to this committee, that many acts of outrage, cruelty, and oppression have been there perpetrated by a num- ber of lawless persons calling themselves the Bennington MOB, who have seized, insulte 1, and terrified several magistrates and other civil officers, so that they dare not exercise their respective functions; risened prison- ers for debt, assumed to themselves military commands, and judicial pow- er; burned and demolished the houses and property, and beat and abused the persons of many of his majesty's subjects; expelled them from their possessions, and put a period to the administration of justice, and spread terror and destruction through that part of the country which is exposed to their oppression.
"3. RESOLVED, That it is the opinion of this committee, that the complainants before this house, and others, who inhabit part of that colony, and from respect to government, will not countenance or be con- cerned in the said riotous proceedings, are exposed. from the violence of the rioters, to eminent danger, both in persons and properties; and that they stand in need of immediate protection and succour.
"4. RESOLVED, That it appears to this committee, that Ethan Allen, Seth Warner, Remember Baker, Robert Cochran, Peley Sunderland, Sil- vanus Brown, James Breakenridge, and John Smith, are principal ring- leaders of, and actors in, the riots and disturbances aforesaid; and that it is, therefore, the opinion of this committee, that an humble address be presented to his excellency, desiring that he would be pleased to is- sue a proclamation, offering a reward of fifty pounds for apprehending and securing any or either of the persons above named, in his majesty's goal in Albany; and commanding the magistrates, and other civil offi- cers of the counties of Albany and Charlotte, to be active and vigilent in suppressing the said riots, and preserving the public peace and good order, as well as for bringing to justice the perpetrators and authors of said riots.
* Note by Mr. Slade :- It appears from Allen's history, That Benjamin Hongh had accepled, and officiated in, the office of justice of the peace, under the authority of New York. Being arrested and brought before the Committee of Safety at Sunderland, he pleaded the jurisdiction and au- thority of New York, but was answered by the decree of the Courention, which forbid all persons holding any office, civil or military, under the colony of New York.
In the presence of a large co icourse of people, the following judgment was pronounced. "That the prisoner be taken from the bar of this Committee of Natety and tied to a tree, and there, on his naked ba k, to receive two hundred stripes; his back being dressed, he should depart out of the district, and on return, to suffer death, unless by special leave of Convention."
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"5. RESOLVED, That it is the opinion of this committee, that a bill be brought in, more effectually to suppress the said riotous and disorderly proceedings, maintain the free course of justice, and for bringing the offenders to condign punishment.
" Which report he read in his place, and afterwards delivered it in at the table, where the said resolutions were severally read a second time, and it was resolved that this house doth agree with the committee in their said resolutions.
"ORDERED, That a bill be brought in, pursuant to the last resolution, and that Mr. Brush, and Col. Ten Broeck. prepare and bring in the same.
"Ordered, that Capt. Delancy, and Mr. Walton, wait on his excel- lency the governor with the foregoing address and resolutions of the house."
MR. Nathan Clark, chairman of the committee of the Nor-Hampshire settlers aforesaid, ordered the clerk to read the resolves and votes afore- said, to the general committee, which was accordingly read, sundry times, and the following draught being presented in answer thereto, to the publick meeting: seven persons were selected and chosen out of the said general committee to examine the same, and report their opinion thereon, which here follows.
"WHEN we consider the numberless troubles, and almost insurmounta- ble difficulties which our infant settlements have been forced to struggle with, since its first beginning, which have been occasioned by an une- qual and biassed administration of law, ever since our unhappy misfor- tune of being annexed to a government in which the interests of the greater part of the leading gentlemen thereof, are in direct opposition to om's. The tyrannical measures they take to enslave us, (we hope) will not fail to justify us in the following arguments and resolves thereon: for we think it an intolerable hardship, and piece of inhuman cruelty. that we cannot be said to give sufficient proof of our loyalty and obedi- ence to government, but at the resignation of our whole fortunes, in the purchase and improvement of which, we have suffered an infinity of hardship. While we view the spirit of the general assembly in their resolves, we cannot but reflect with some regret, on what may, of conse- quence, prove the result (without an alteration) of their present opinion; but there are scarce any circumstances that entirely exclude hope; there- fore we are not yet in total despair: for this moment we happily call to mind, that the general assembly of the same province, about two years ago, did annex all that part of the Bay province, west of Connecticut- river, to that UNLIMITED county of Albany; but their avaricions grappling not being of a sufficient strength for such an unreasonable burthen, it failed, by which they lost their ideal booty.
" THE reader will doubtless observe, that in the resolves of the assembly aforesaid, there is not a single word mentioned in regard to the title of the land contested for, but that they level all their spleen, and point all their malice at notorious rioters, as they call them, and make a pretended shew and figure, as though they were great sticklers for good order and government; although, at the same time, every person of common sense, who has had any acquaintance and knowledge of the controversy, abso- lutely knows, that our goodly land, with the labour thereon, is the only subject matter, and grand object, of the whole controversy; and give the New- Yorkers but that, and the matter would be accomplished to their eternal satisfaction; and it is presumed the words riotous, disorderly. licentious, &c. would not be printed again on account of the New-Hamp- shire grantees and present occupants, for the whole course of the suc- ceeding century.
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"FOR, the truth of the case is, the executors of the law are most, (if not all,) of them the pretended claimants to the lands whereon the New- Hampshire grantees and occupants dwell; and their judgment on writs of ejeetment, brought by the New- York patentees, have not hitherto failed to correspond with their imaginary interests; but were they honest men, they would not undertake to be judges in their own case, or in any other wherein the resolution thereof would make a president [precedent] for their own, especially in title of land, wherein judge and plaintiff are con- nected in one common interest: such a distribution of law is contrary to the law of reason and nations.
" THEREFORE, our case stands thus: if we submit to their executions of law, and become obedient and submissive subjects of their designing government, we must soon yield to be their tenants and slaves; and we cannot see reason to conform to any law which will apparently bring us and our posterity into bondage, or manifestly deprive us of our property; but inasmuch as we boldly adhere to the maintenance of our property, which to us is very precious. as it would be to the New-Yorkers, was it in their hands. We find it is immediately recommended to the gover- nor of the province, by the general assembly, to issue his proclamation, offering therein large sums of money to apprehend those notorious rio- ters, (as they are pleased to stile them.) It must, indeed, be shocking to common sense, when the reader comes to observe what notorious com- plaints, and most horrid acensations are set forth in the resolves of the general assembly of New-York, mentioned in the fore part of this paper, against thousands of hard labouring. industrious, honest peasants, who are, in truth, loyal subjects of the crown of Great-Britain, for their vio- lations of law and government; when, at the same time. the following express orders from his most sacred majesty to that litigious govern- ment of New- York. will plainly show. that they do not make the least hesitation to rebel and act in direct opposition to the authority of the crown: when (as in the present case) they shew a disposition to take ad- vantage of the minor part of those under their government, and throw them into contention and disorder, and thereby build their fortunes on the ruin of the pretended aggressors, (and all under the specious pre- tence of good order and government) which is, in fact. what they event- ually aim at, as will appear by the following order.
" At a Court at St. James's, the 24th day of July, 1767.
PRESENT.
The KING'S Most Excellent Majesty.
Archbishop of Canterbury,
Earl of Shelburne,
Lord Chancellor.
Viscount Falmouth,
Duke of Queensbury,
Viscount Barrington,
Duke of Ancester.
Viscount Clarke,
Lord Chamberlain,
Bishop of London,
Earl of Litenfield,
Earl of Bristol,
Mr. Secretary Conway, Hans Stanley, Esq .; "
THE petition, and report thereon, by the lords of trade and plantation affairs. is too prolix to be inserted in this paper; the royal order is there- fore only transcribed, which is as follows.
" His majesty, taking the said report into consideration, was pleased, with the advice of his privy council, to approve thereof, and doth hereby strictly charge, require and command, that the governor or commander
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in chief of his majesty's province of New-York, for the time being, do not, upon pain of his majesty's highest displeasure, presume to make any grant whatsoever, of any part of the lands, described in the said report, until his majesty's further pleasure shall be known, concerning the same.
A True Copy,
WILLIAM SHARPE. Attest GEO. BANYAR, Dep. Sec'ry."
"NOTWITHSTANDING this prohibition, and one or two more of the same general import, and from the same authority, the government of New- York have lapped their patents on the New-Hampshire charters, and in consequence thereof, demand, at common law, the land on which the New-Hamphsire grantees and occupants dwell; and from hence has arisen the numerous troubles and disturbances between the government of New-York and its discontented subjects, the settlers under New- Hampshire. This has also been the source of all licentiousness and con- fusion, riotousness, &c. complained of by that government against the settlers aforesaid.
" AND whereas the true state of our grants hath been already laid be- fore the worthy lords of the board of trade and plantation, and they, having considered and wisely deliberated upon its several circumstances, did on the third day of December, A. D. 1772, make their report in favor of the New-Hampshire grantees, to his most gracious majesty, whose royal confirmation we daily expect; and on the credit and good faith of this report, many hundreds of industrious (and many of them wealthy) families have purchased and moved upon the New-Hampshire grants, nothing doubting of that title,
"We, therefore, humbly report to the said general committee of the New-Hampshire grants, as our opinion,
"1. That as we ever have, so for the future we will remain loyal and dutiful subjects to our most rightful sovereign GEORGE the third, and de- mean ourselves agreeable to the good and wholesome laws of the realm, and fight for the dignity of his majesty's crown and government, at all times, when there may be a call for it ; viewing him as our political fa- ther, and relying on him to be protected in our property.
"2. That, as we purchased our lands of one of his majesty's governors, and on the good faith of the crown of Great-Britain, we are determined to maintain those grants, against all opposition, until his majesty's royal pleasure shall be known in the premises.
"And whereas we have never made any further resistance to govern- ment, than the law of self-preservation, which the law of GOD and nature enjoins on every intelligent, wise, and understanding being ; we, there- fore, are fully of the opinion to resolve,
" 3. That such of the magistrates and governmental authority of the province of New- York, as have pursued, and have been accessary in the scheme of indicting our friends and neighbors as rioters ; and have, by intrigue and stratagem, of various sorts, endeavored to take them, and punish them as criminals ; thereby to dishearten and terrify the New- Hampshire settlers to that degree, that they may tamely be disinherited: have acted contrary to the spirit and design of the good and righteons laws of Great-Britain, which, under a just administration, never fail to secure the liberty and property of the subject; are thereby guilty of great inhumanity to its respective subjects. We therefore resolve. That as a country, we will stand by, and defend our friends and neighbours so indicted, at the expence of our lives and fortunes, And we would recom- mend 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 de-
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sist from taking us as rioters, to prevent the unhappy consequences that may result from such an attempt.
"And fourthly, and lastly. resolved, That. for the future, every necessary preparation be made, and that our inhabitants hold themselves in readi- ness, 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 any thing more or less, but on the defensive, and always encourage due execution of law in civil cases, and also in criminal prosecutions, that are so indeed; and that we will assist, to the utmost of our power, the officers appointed for that purpose.
" The foregoing arguments, narrations and resolves, being land before the general committee of the New-Hampshire grants, was read sundry times, and carefully examined; and after mature deliberation, Mr. Clark, chairman, put the votes to tryal, whether the foregoing was approved of as an answer to the resolves of the general assembly of the province of New- York ? and it was passed in the affirmative. And it was further- more the advice of this committee, that the foregoing be forthwith ex- hibited in the public papers, to the intent that all officers, magistrates, and persons whatsoever, may know, that if they presume to take the ri- oters aforesaid, they do it on their peril.
Certified per NATHAN CLARK, Chairman. JONAS FAY, Clerk.
Bennington, April 14, 1774.
The following Law of the Colony of New-York, was passed the 9th Day of March, 1774.
" An Act for preventing tumultuous and riotous Assemblies in the pla- ces therein mentioned, and for the more speedy and effectual punish- ing of the Rioters.
" WHEREAS a spirit of riot and licentiousness hus, of late. prevailed in some parts of the counties of Charlotte and Albany, and many acts of out- rage and cruelty have been perpetrated by a number of turbulent men, who. assembling from time to time, in arms, have seized, insulted and menaced, sereral magistrates, and other ciril 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 admin- istration 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 punishing the offenders therein,
"1. Be it enacted, by his Excellency the Governor, the Council, and the General Assembly, and it is hereby enacted, by the Authority of the same, That, if any persons, to the number of three, or more, being unlawfully, riotonsly, and tumultuously assembled, within either of the said counties, to the disturbance of the public peace, at any time after the passing of this act, and being required or commanded, by any one or more justice or justices of the peace, or by the high sheriff. or his under sheriff, or by any one of the coroners of the county where such assembly shall be, by proclamation to be made in the king's name, in the form herein after di- rected, to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, shall, to the number of three, or more, notwith- standing such proclamation made, unlawfully, riotously, and tumultuously remain or continue together, to the number of three, or more, after such command or request made by proclamation, shall, for every such offense, upon conviction thereof, in due form of law, either in the supreme court of
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