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 61
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For political reasons, the claim to jurisdiction by New-York, might have been deferred, as well as the strict injunction on the civil power. to exercise jurisdiction in their respective functions, as far as the eastern banks of Connecticut River.
The suid Proclamation, carrying an air of government in it, may possi- bly affect and retard the settlement of his Majesty's lands, granted by this gorernment. For preventing in injury to the crown. of this kind, and to re- more all doubts that may arise to persons holding the king's grunts. they may be assured, that the patent to the Duke of York is obsolete, and cannot convey any certain boundary to New-York, that can be claimed as a bonn- dury, as plainly appears by the several boundary lines of the Jersies on the west, und the Colony of Connecticut on the east, which are set forth in the Proclamation, as part, only, of the land included in the said patent to the Duke of York.
To the end therefore, that the grantees now settled and settling on those lands, under his lute and present Majesty's charters, may not be intimi- dated, or any way hindered or obstructed in the improvement of the lands so granted, as well as to ascertain the right, and maintain the jurisdiction of his Majesty's government of New-Hampshire, as far westward as to in- clude the grants made:
I
HAVE thought fit, by and with the advice of his majesty's council,
to issue this Proclamation, hereby encouraging the several grantees, claiming under this government, to be industrions in clearing and cul- tivating their lands, agreeable to their respective grants.
And I do hereby require and command all civil officers, within this Province, of what quality soever, as well those that are not, as those that are inhabitants on the said lands. to continue and be diligent in exer- cising jurisdiction in their respective offices, as far westward as grants of land have been made by this government; and to deal with any per- son or persons, that may presume to interrupt the inhabitants or settlers on said lands, as to law and justice doth appertain; the pretended right of jurisdiction mentioned in the aforesaid Proclamation, notwithstanding.
Given at the Council-Chamber, in Portsmouth, the 13th day of March.
1764, and in the fourth year of his Majesty's Reign. B. WENTWORTIL.
By his Excellency's command, with advice of Council,
T. ATKINSON, jun. Secretary.
GOD SAVE THE KING.
A THIRD and weighty enducement to the settlement of those lands was argued from his majesty's express order, prohibiting the govern-
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Appendix I.
ment of New-York from granting any of those lands in dispute, which is as follows:
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 Litchfield
Mr. Secretary Conway,
Earl of Bristol,
Ilans Stanley, Esq.
His majesty taking the said report [a report of the board of trade] into consideration, was pleased, with the advice of his private council, to approve thereof, and doth hereby strictly charge. require and command, that the governor or commander 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. [G'W. ] BANYAR. Dep. Secr.
A FOURTH and last special motive for the carrying on, and extending those settlements, was from a report of the lords of trade, as follows.
EXTRACT from a Report of the Lords of Trade, to the Committee of his Majesty's most Honorable Privy Council, for Plantation Affairs, da- ted, December 3d, 1772.
" Upon the fullest examination into all the circumstances which, at " present, constitute the state of that District between the rivers Hudson "and Connecticut; out of which. the greatest disorders and confusion " have arisen: it seemeth to us, that the principal objects of attention in " the consideration of any measures that can be suggested for restoring " public tranquility, and quieting possessions, are.
" First. those townships, which, having been originally settled and es- " tablished under grants from the government of the Massachusetts-Bay " fell within this District, by the determination of the northern boundary "of that Province, in the year 1740.
" Secondly, those grants of land. made within this District, by the gov- "ernment of New- York, previous to the establishment of the townships "laid out by the governor of New-Hampshire. after the conclusion of the "peace; and which land now lies within the limits of some one or other "of those townships.
" Thirdly, those townships, which, having been originally laid out by " the governor of New-Hampshire, either continue in the same state, or "have been confirmed by grants from New- York; and also, those which " have since originated under grants from the latter of those colonies.
"With regard to those townships, which fall under the first of the "above mentioned descriptions; when we consider the nature and ori- " gin, and the numberless difficulties to which the original proprietors of " them must have been subjected in the settlement of lands, exposed to " the inenrsions of the savages, and to every distress, which the neigh- " borhood of the French, in time of war, could bring upon them; and,
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Appendix I.
" when we add to these considerations, the great reason there is to be- " lieve that the grants were made upon the ground of military services " against the enemy; we do not hesitate to submit to your Lordships our " opinion, that the present proprietors of these townships, ought, both in " justice and equity. to be quieted in their possessions: and, that all " grants whatsoever, made by the government of New- York, of any land -. " within the limits of those townships, whether the degrees of improve- " ment, under the original grant, had been more or less, are, in every " light, which they can be viewed, oppressive and unjust. But, as we are " sensible, that such subsequent grants made by the government of New- " York, however unwarrantable, cannot be set aside by any authority from " his majesty, in case the grantees shall insist on their title: we submit to " your Lordships, whether it might not be expedient, in order toquiet the " original proprietors in their possessions, to propose that all such persons " who may claim possession of lands within the limits of such townships, " under New-York grants, should, upon condition of their quitting such " claim, receive a grant under the seal of New- York upon the like terms, " and free of all expences, of an equal number of acres. in some other " part of the District lying between the rivers Hudson and Connectiont; "and in case, where any actual settlement or improvement has been " made by such claimants, that they should, in such case, receive fifty "aeres of waste land for every three acres they may have improved.
" With regard to those grants made by the government of New- York. " which fall within the second description, and upon which any actual " improvement has been made; they do appear to us to deserve the same " consideration; and that the proprietors thereof ought not to be dis- "turbed in their possessions, whether that improvement be to a greater " or lesser extent. But we beg leave to observe to your Lordships, that, " in both these cases, no consideration ought to be had to any claim, where "it shall appear that no regular possession has ever been taken, and no "actual settlement ever been made.
" With regard to those townships, which fall within the last mentioned " description, we submit to your Lordships our opinion; That, provided "such townships do not include land within the limits of some anteer- " dent grant. upon which actual improvement has, at any time. been " made, it would be adviseable they should be confirmed as townships. " according to the limits expressed in the grants thereof; and that all " persons having possession of any shares in the said townships, either "as original grantees, or by purchase or conveyance, and upon which " shares any actual improvement or settlement has been made, ought "not, in justice, to have been, or to be, in future, disturbed in the pos- "session of such shares; nor ought they to be bound to any other con- "ditions, whether of quit-rent or otherwise, than what is contained in " the grant."
THESE inducements are indisputably authoritative. and need no com- mentation: Yet, notwithstanding the priority and preference of the Near- Hampshire title to that of New- York, and the so many corroborating aud concomitant inducements to the claimants under the former, to settle and cultivate those lands; yet the assembly of New-York, in sundry parts of their state of the right. &c. and more particularly through the appen- dix, treat those inhabitants, merely on account of such settlement, with the most extreme injury; who. instead of arguing, only declaim against them: and go on in a gradation of consequences drawn from false prem- ises, till they have dragged them from their true character of honest men. to that of usurpers, rioters, and felons. Although the quotations from our authors have already been lengthy, yet that a precedent of their in-
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justice may not here be wanted, the following, from the third page of their appendix, is inserted.
" Bur though the same principles have been explained, and enforced " in several acts and proclamations of government, as well as on repeated "trials in our courts of judicatory, they have left no suitable impres- "sion on the contentious claimants under New-Hampshire. On the "contrary, in contempt of the dictates of justice, the decisions of law, "and the civil authority, have their encroachments, which were few in "number at the time of the royal determination, been encreased and "extended in a ten fold proportion; and that in general by men, who "cannot plead that they were deceived or ignorant of the nature or " merit of their claim, which it appears, were too notorious to have es- "caped their observation, but who in spite of every warning and re- " monstrance to deter them, which human prudence could devise, en- "gaged as volunteers on the side of New-Hampshire, and wilfully " plunged into the controversy. To extennate their own indiscretion "and misconduct, calumny and misrepresentation are their only re- " source. and accordingly without the least reason, they charge the gov- "erument of New-York with partiality, and every land holder under it, " upon whom they have trespassed, with injustice and oppression; assert- "ing that because they have sanctified their claim by a wrongful pos- " sjon, they ought peaceably to enjoy the fruits of their usurpation. To " mortify their pretentions they have spared no art or act of violence, " howover criminal: and after all, as if they were really injured, and the "objects of regard, they do not hesitate to carry their complaints to the " throne, and by special agents to solicit some extraordinary act of favor, " by which their offences may be passed over with impunity, and thelr "encroachments perpetuated in predjudice to those who enjoy a clear "title from the crown, under the great seal of New York."
As this clamorous question is already mostly answered, I shall only remark, as to those settlers extending their encroachments in a ten fold proportion, since the royal determination. It hath been fully evinced that this determination respected jurisdiction only, and the before re- cited royal order and report of the board of trade, were accounted suffi- cient to exclude all manner of doubts in the minds of the New-Hamp- shire claimants of the validity of their title. They truly cannot plead that "they were deceived or ignorant of the nature or merit of their claim." This matter was elucidated by the highest wisdom and author- ity in the nation; they rejoice in the clemency of their sovereign, and in the wisdom and impartial justice of the honorable board of trade, exhibited as aforesaid. upon which encouragement those claimants have greatly extended settlements on those lands, in a more special manner on Onion river, and lake Champlain between the township of Panton, which abuts on the lake opposite Crown Point, and the said river, and north of it almost to the forty-fifth degree of north latitude, and prep- arations are vigorously making to extend these settlements to the very bounds of the province of Quebec. It is seldom any new country settles with such rapidity, notwithstanding the oppositions they meet with from the government of New-York: The expence of clearing roads, build- ing mills, moving to and settling in that wilderness country only for two years last past. would amount to no very inconsiderable sum. And those settlers from the foregoing reasons, do not in the least hesitate, but that they in so fulfilling the conditions of their charters, have and are acting agreeable to his majesty's will and pleasure; and that those labours will not only be for their own emolument, but for the enlarge- ment of the British empire, and addition of the crown revenue.
THE assembly of New York have been very particular in their history
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Appendix I.
of the tumults and riots made by those settlers, in opposition to that government, (many of which facts must be confessed to be true) though they have carefully omitted their manyfold provocations, yet, with all their particularity have given but a very imperfect idea of those trans- actions. I shall therefore, waving partienlars, give a general review of the economy of those settlers in their opposition to that government. For defending their property, they were indicted rioters; the next thing was to defend rioters; then they had two objects of protection, viz. persons, as well as property: They were at first greatly intimi- dated at the empty appearance of law, that their opponents were so conversant with, sometimes despairing of maintaining their posses- sions; yet upon extremety, rather than quit their substance to the insa- tiable ravishers, would rally and frustrate their designs: Thus, when the sheriff of the county of Albany with his posse came to dispossess some of them, they, most generally, boldly took up arms and appointed leaders. Matters having come to this, not long after, the inhabitants assembled and appointed committees of safety in the several towns throughout their settlement; this general committe have the conducting of the public affairs of the country for its security, till his majesty settles the controversy. They have erected several companies, which by the votes of the soldiers are furnished with officers; these companies form a regiment which are known by the significant character of green moun- tain boys, who are generally in the prime of life, well versed in the use of fire-arms, and of robust constitutions; probably no American regi- ment in an interior defence could excel them, or that would willingly for more willingly ] contribute to the support of the crown of Great Britain; for it is observable, that such subjects that will not fight for their prop- erty will never fight for their king. And the general instructions from the committee, ever have been, not to act in any thing against the gov- ernment of New- York, but on the defensive.
IT is in the nature of things impossible to pass a right judgment on the conduct of the New-Hampshire settlers, without taking into view the treatment of the government of New- York towards them. All cases must be determined upon the peculiar circumstances attending: no art can scarcely be conceived of, which, under certain attending circum- stances, might not be lawful. It will be readily admitted on the part of those settlers, that, provided the government of New- York, and its pat- entees, have a clear and incontestible right to those lands; and that they are intruders, and by force and violence have maintained such encroach- ments; then they are truly guilty, in manner as the assembly of Neir-
York have alledged. But on the contrary, if those settlers have a legal and incontestible right to those lands, that they prosecute settlement on the good faith of the title, and the sundry approbations of both their title and settlement from the British administration, then, they are not guilty in manner as those gentlemen have declared: and the impartial public, instead of viewing them as usurpers, rioters, and felons, will justify them in their conduct. and esteem them as good members of so- ciety, liege subjects to the crown of Great Britain, and good soldiers for defending their persons and properties.
THUS, is humbly submitted the state of the controversy, which has for many years subsisted between the government of New- York and the settlers under New-Hampshire; by impartial justice must every act stand or fall; if those settlers are in the wrong. they are criminally so. but if not. then the allegations of their opponents will be adjudged as tutile and eruel.
FINNIS.
APPENDIX J.
DOCUMENTS ON THE ENFORCEMENT OF THE AUTHOR- ITY OF VERMONT IN CUMBERLAND COUNTY IN MAY 1779.1
[From the Documentary History of New York. vol. 4, p. 581-2.]
Samuel Minott, Esq .. to Gor. Clinton.
BRATTLEBOROUGH, May 25th 1779.
Sir -The Committee of this [Cumberland] County who are now met for the purpose of opposing the authority of the State of Vermont 2 take this opportunity to inform your Excellency by Express, that Col. Ethan Alline [Allen] with a number of Green Mountain Boys, made his ap- pearance in this County yesterday, well armed and equipt, for the pur- pose of reducing the loyal inhabitants of this County to submission to the authority of the State of Vermont, and made prisoners of Col. [Eleazer] Patterson. Lieut. Col. [JJohn] Sergeant and all the Militia Officers except one in Brattleborough, with Mr. [Micah] Townsend 3 and
1 See ante. pp. 298-9, 302-3, 307-9, and 442-3.
2 The towns represented by adherents to New York, May 4, 1779, were Hinsdale, [Vernon,] Guilford, Brattleborough. Fulham, [Dummerston.] Putney, Westminster. Rockingham. Springfield, and Weathersfield .- See Eastern Vermont, pp. 334-5. All of these towns except Vernon and Brattleborough were then represented in the General Assembly of Ver- mont. Hence the county committee, of which Mr. Minott was chair- man. represented the adherents of New York, not the people at large.
MICAH TOWNSEND, son of Micajah Townsend and Elizabeth Platt, was born at Cedar Swamp. Oyster Bay, Long Island, May 13, 1749; graduated as Bachelor of Arts, Nassau Hall, Princeton, N. J., Oct. 8, 1766, and received the Master's degree Oct. 5. 1769. He was admitted to the bar of New York in April 1770, and settled at White Plains, Westchester county. He was clerk of the Committee of Safety for that county, and June 22 1776 was appointed captain of a militia company which had been raised to combat the tories, and he served in that capacity until the camp was broken up Nov. 1 following. by order of Gen. Wash- ington. As the British forces gained possession of that region, Mr.
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a number of other Persons. They have also taken the Militia Officers in Putney and Westminster with others; the number of prisoners we cannot ascertain. Col. Alline [Allen] declared that he had five hundred Green Mountain Boys with him-we are not able to ascertain the num- ber, but believe there is not quite so many who are come from the west side of the Mountains; ' they are assisted by a number of the inhabit- ants of this County. Where they will carry the Prisoners we cannot tell. Col. Allin treated the people here with the most insulting lain- guage, assaulted and wounded several persons with his sword without the least provocation, and bids defiance to the State of New-York, de- clares they will establish their State by the sword, and fight all who shall attempt to oppose them. Nothing but the reluctance the people here have to shedding human Blood could hinder them from attempting to rescue the Prisoners -- they had every insult which the human mind is able to conceive of to prompt them to it. Our situation is truly critical and distressing, we therefore most humbly beseech your Excellency to take the most speedy & efficient Measures for our Relief; otherwise our Persons and Property must be at the disposal of Ethan Allen, which is more to be dreaded than Death with all its Terrors.
Sir we are with the greatest esteem Your Exeelleney's most oh't. humble servts.
Signed by order of the Committee. SAMUEL MINOTT, Chairman. To his Excellency George Clinton Esq. Gor. of the State of New - York.
Governor Clinton to President Jay.
May 29mh 1779.
Sir-You will perceive from the enclosed Papers2 that what I have long expected and frequently apprized Congress of has actually hap-
Townsend removed to Brattleborough, Vt .. and Aug. 15 1778 married Mary, daughter of Col. Samuel Wells. For a short time he served the adherents to New York very acceptably, but becoming convinced that this course was unwise, he took the oath of allegiance to and became a citizen of Vermont. In 1781 he was made judge and register of pro- bate for the county, and held these offices until 1787. In the same year (1781) he was made secretary of state, and he held that office until he resigned, Oct. 21, 1788, when the General Assembly by resolution ex- pressed " the warmest sentiments of gratitude " to him " for the fidelity and skill with which he had discharged the duties of his said office." Disposing of his estate in Brattleborough to HIon. Royal Tyler in 1801, judge Townsend resided in Guilford a year, and then removed to Farn- ham, Province of Quebec, where he died April 23, 1832, at nearly the age of eighty-three years. His reputation as a lawyer was high, and he was universally and greatly esteemed as a man by those who knew him. For a more complete and appreciative biographical notice, see Eastern Vermont, pp. 700-706.
1 One hundred men from Bennington was the number ordered by gov. Chittenden .- See p. 300. The whole Vermont force ranged from two to three hundred and fifty .- See Eastern Vermont, p. 339.
2 Minott's letter, and other papers concerning the action of Vermont.
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Appendix J.
pened. These papers which need no Comment I have transmitted to your Excellency by Express with an carnest Request that you will please immediately lay it before Congress.
Altho' this matter will scarce admit of a moment's delay; yet as the Legislature are to meet on Tuesday next I shall defer taking any deci- sive measures (except issuing the necessary orders to the militia to hold themselves in readiness) until I can have an opportunity of obtaining their advice and Direction. I am &c. &c. GEO. CLINTON.
His Excellency John Jay Esq. President of Congress.
On the same day Gov. Clinton wrote a similar letter to the New York delegation in Congress, adding as follows:
I shall also conceive it my Duty to order the 1000 men destined for the Defence of the frontiers & to compleat the Continental Battalions ex- cept such small small part as are already annexed to those Regiments io march to Brattleborough for the protection of that and the adjacent Towns unless the Interposition of Congress shall render this measure unnecessary. It doubtless will occur to you that the Legislature will be extremely impatient for an answer from Congress; I must therefore re- quest you the moment it is obtained to forward it by a special mes- senger.
Resolutions of Congress, June 1, 1779. [Front the Journals of Congress, 1779-80, Vol. V.] TUESDAY, June 1, 1779.
According to the order of the day, Congress was resolved into a com- mittee of the whole, and, after some time, the president resumed the chair, and Mr. Plater [of Maryland] reported that the committee of the whole have taken into consideration the letter of the 18th of May, from his excellency governor Clinton, the petition of the committee of Cum- berland County1 the letter of colonel Patterson to governor Clinton, governor Clinton's answer, &e2 and have come to sundry resolutions thereon, which he was ordered to report:
1 " The Petition of the Committees of the towns of Hinsdale, [Ver- non,] Guilford. Brattleborough, Fulham, [Dummerston.] Putney, West- minster, Rockingham, Springfield and Weathersfield in Cumberland County; chosen for the purpose of opposing the pretended State of Ver- mont & convened at Brattleborough the 4th May 1779." This paper set forth the distracted state of the county and closed as follows:
" Your Petitioners therefore humbly, and in the most urgent & carn- est manner, on behalf of themselves and their Constituents entreat that your Excellency [Gov. Clinton] will take immediate & effectual Meas- ures for protecting the loyal Subjects in this part of the State in their Persons and Properties & to convince the honorable the Congress of the Impropriety of delaying a publication of their Sentiments in a matter which so nearly concerns the Peace, Welfare & probably the Lives of many of their firm adherents."
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