USA > Vermont > Addison County > Statistical and historical account of the county of Addison, Vermont > Part 5
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HISTORY OF ADDISON COUNTY.
QUART conveyed his seigniory to MICHEL CHARTIER LOTBINIERE, As the inhabitants of Canada, by the treaty, became the subjects of the British government, it was claimed that the grants by the French government were valid, and should be confirmed by the British government, and LOTBINIERE prosecuted his claim perseveringly before the latter government, from the time of his purchase until the year 1776, before it was settled.
LOTBINIERE claimed, as evidence of his title, the "frequent clearances," and " various settlements," on these lands, which the war had not wholly obliterated ; although it is probable that none of them were made under the authority of this grant. It is stated by Governor TRYON of New York, in a letter to Lord DARTMOUTH, president of the board of trade and plantations, "that when the French, on the approach of Sir JEFFREY AMEERST, in 1759, aban- doned Crown Point, there were found no ancient possessions, nor any improvements worthy of consideration, on either side of the lake. The chief were in the environs of the fort, and seemed in- tended mostly for the accommodation of the garrisons."
The lines between the provinces of Quebec and New York, had been settled by the British government on the 20th of July 1764, at the latitude of 45° on the lake. It was finally decided, that as the territory south of the River St. Lawrence, including the lands on Lake Champlain, was owned by the Iroquois, or Five Nations, and that these tribes, by treaty, had submitted to the sovereignty and protection of Great Britain, and had been considered subjects, all the possessions of the French on Lake Champlain, including the erection of the forts at Crown Point and Ticonderoga, were an in- trusion and trespass, and of course that government had no right to make grants there, and therefore the British government denied the claim of LOTBINIERE, as they did all others, for lands south of latitute 45°, but consented to give him lands in Canada.
In the meantime, all the lands, which had been granted by the French government cast of Lake Champlain, had been granted anew by the governor of New Hampshire, in the name of the Brit- ish crown, and the governor and council of New York had spread their grants to the reduced officers and sokliers of the army, which
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HISTORY OF ADDISON COUNTY.
had been disbanded after the conquest of Canada, on the top of the New Hampshire grants.
And previous to all these, and many years even before the settle- ment of the French, in 1696, GODFREY DELLIUS purchased of the Mohawks, who claimed the whole of this territory, a large tract of land extending from Saratoga along both sides of Hudson River and Wood Creek, and on the east side of Lake Champlain, to twenty miles north of Crown Point, and the purchase was confirmed under the great seal of New York; but in 1699, the grant was repealed by the legislature, " as an extravagant favor to one subject."
The Mohawks also, on the first day of February 1732, sold to Col. JOHN HENRY LYDIUS, a large tract of land embracing most of the Counties of Addison and Rutland. There is a map of this tract in the possession of HENRY STEVENS, Esq., President of the State Historical Society, of which we have a copy, laid out into thirty -. five townships, with the name of each. The southeast corner is at the sources of Otter Creek, and the northwest at its mouth, and the territory embraces the whole length of that stream, running diago- nally through it. The west line-and the east is parallel with it- is marked as running from the north, south 16 degrees west 58 miles 20 chains. On the back of the map is the following certifi- cate. " Feb. 2. 1763. A plan of a large tract of land, situated on Otter Creek, which empties itself into Lake Champlain, in North America, easterly from and near Crown Point, purchased by Col. JOHN HENRY LYDICS, of the Mohawk Indians, by deed dated Feb. 1732, and patented and confirmed by his Excellency WIL- LIAM SHIRLEY, Esq., Governor of the Province of Massachusetts Bay, August 31, 1744, divided into townships, and sold by the said LYDIUS, to upwards of two thousand British subjects, chiefly be- longing to the Colony of Connecticut."
The New York town of Durham, and probably other towns in Rutland County, were originally settled under this grant. Two of the citizens, JEREMIAH SPENCER and OLIVER COLVIN, belonging to that town, in their p .tition to the General Assembly of New York, dited Osteber 17, 1773, sty, " That the township of Durham was originally settled by the late inhabitants, under Col. Jons LYDICS:
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HISTORY OF ADDISON COUNTY.
That discovering the imperfection of their title, they applied to and obtained letters patent under New York. That many of the inhab- itants (of which your petitioners are) have since been compelled to purchase the New Hampshire title to their lands, under a penalty of being turned out of their possessions by a mob."
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HISTORY OF ADDISON COUNTY.
CHAPTER V.
NEW HAMPSHIRE CHARTERS-CONTROVERSY WITH NEW YORK:
BENNING WENTWORTH was appointed governor of New Hamp- shire, in 1741, with authority from the King to issue patents of unoccupied lands within his province. Claiming that that province extended the same distance west as the provinces of Connecticut and Massachusetts, that is, to within twenty miles of Hudson River, on the third day of January 1749, he granted the charter of Benning- ton, on that line, to which he claimed the province extended, and six miles north of the line of Massachusetts. This grant occasioned a correspondence and mutual remonstrances between the governors of New York and New Hampshire, in relation to the rights of their respective provinces. The governor of New York claimed and con- tended, that the grant to the Duke of York in the year 1603, which was confirmed to him in the year 1674, after the conquest of the Dutch in 1673, and extended to the west bank of Connecticut River, settled the claim of New York."
Notwithstanding the controversy between the governors of these two provinces, and the opposition made by New York, to the issuing of grants by New Hampshire, Governor WENTWORTH continued to grant charters of townships, as applications were made for then. During the following five years, fiom 1750 to 1704 inclusive, sixteen townships were chartered, principally on the east side of the moun- tains. From that time to the year 1761, during the prosecution et the French war, the territory became a thoroughfare for the excur- sions of French and Indian scouting parties, and was, on that ac-
* Nearly the whole history, which we have given of the controversy between the governors of New Hampshire and New York, and subsequently, between the latter wni the Green Mountain Boys, is tiken from original documents, in the Due! me .- tary History of New York.
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HISTORY OF ADDISON COUNTY.
count, in so disturbed a state, that no grants were made or asked for. After the conquest of Canada, in the year 1760, and after quiet and security had been restored to the territory, numerous applications were made, and in the year 1761 no less than sixty towns were char- tered. In that year, all the towns in the County of Addison were chartered, except as follows : Ferrisburgh, Monkton and Pocock, now Bristol, were chartered in 1762, Orwell, and Whiting, in August 1763, and Panton, was re-chartered on the 3d of November 1764. And this was the last charter granted by the governor of New Hampshire, within the territory. The whole number of charters of towns granted by him in this State, is one hundred and thirty- one, besides several others to individuals.
Lieut. Governor COLDEN of New York, disturbed and alarmed by the great number of grants made by New Hampshire, issued his proclamation on the 28th day of December 1763, warning all per- sons against purchasing lands under those grants, and requiring all civil officers ' to continue to exercise jurisdiction in their respective . functions, as far as to the banks of Connecticut River," and enjoin- ing the sheriff of Albany to return to him " the names of all and every person or persons, who under the grants of New Hampshire, do or shall hold possession of any lands westward of Connecticut River, that they may be proceeded against according to law."
On the 10th of March. 1761, the governor of New Hampshire, issued a counter proclamation, in which he contends, "that the patent to the Duke of York is obsolete, and cannot convey any cer- · tain boundary to New York, that can be claimed as a boundary, as plainly appears by the several boundary lines of the Jerseys on the west, and the colony of Connecticut on the cast," and encourages the grantees under New Hampshire, " to be industrious in clearing and cultivating their lands," and commands " all civil officers to continue and Ve Miligont in exercising juridiction in their respective offices, as far westward as grants of land have been made by this government, and to deal with any person or persons that may pre- sume to interrupt the inhabitants or settlers on said lands, as to law and justice doth appertain."
At an early period of the controversy, and soon after the first
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HISTORY OF ADDISON COUNTY.
grant was made by New Hampshire, it was agreed by the gover- nors of the two provinces, to refer the question in dispute to the king; but no decision had yet been made. The king had, on the 7th of October 1763, issued a proclamation in behalf of the reduced officers and privates of the lately disbanded army, directing bounty lands to be granted them. In view of this order, and the great number of grants made by New Hampshire, in the disputed terri- tory, Governor COLDEN, about the time of issuing his proclamation, above mentioned, wrote several pressing letters to the board of trade in England, insisting on the grant to the Duke of York, as conclu- sive of the right of New York, and urging a speedy decision of the question. In his letter of the Cth of February 1764, he represents, that great numbers of the officers and soldiers had applied to him for grants ; and in his letter of the 12th of April, of the same year, he says, "about four hundred reduced officers and disbanded sol- diers, have already applied to me for lands, pursuant to his Majesty's proclamation, which at this time are to be surveyed for them in that part claimed by New Hampshire. Your lordships will perceive the necessity of determining the claim of New Hampshire speedily." It was charged also, at the time by the claimants under New Hamp- shire, and stated by historians of that period .- on what authority we know not,-that a petition, with forged signatures of many of the New Hampshire settlers, was sent with the governor's letters to England, requesting that the territory should be annexed to New York. In the public remonstrances of the New Hampshire claim- ants, conjectures were expressed, that there were "more or less trong representations ma le to his majesty to obtain the jurisdiction." and that his " majesty and mindsters of State had been egregiously misinformed." However that may be, in pursuance of the urgent solicitations of Governor ConDit. the king in council, on the 20th day of July, 1764, without notice to the opposite party. adopted an onier, settling the west bank of Connecticut Bliver as the boundary of the two provinces.
The only charter of which we have knowledge, as being issued, by the governor of New Hampshire, after the king's order, was that of Panton. as herefore mentione.l. dated November 3. 1704, which
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HISTORY OF ADDISON COUNTY.
was before notice of the order had been received in this country, that not arriving until the following spring.] [ On the receipt of the order, Governor Wentworth, as well as the governor of New York, issued his proclamation, giving notice to all persons concerned, of the decision of the King in council, fixing the boundary. And in all his subsequent transactions, he seems to have acquiesced in the decision, and recognized the jurisdiction of New York over the territory. The claimants under New Hampshire expressed no op- position to that jurisdiction at the time, not suspecting that the titles, which they had derived from the British government through one agent, and had paid for, would be superceded by grants from the same authority, through another agent, and that, under these cir- cumstances, they should be compelled to re-purchase their lands, under much more oppressive conditions, in order to hold them.
And such would seem to have been the views of the British gov- ernment at home. The order in council settling the boundary does not seem to be a decision, as to what had been or legally was the boundary, but it says, the King " doth hereby order and declare the western banks of the river Connecticut," "to be the boundary line between the said two provinces." On the 11th of April 1767, Lord SHELBURNE, president of the board of trade, wrote to Gover- nor MOORE, of New York, reciting that two petitions had been pre- sented to the King, " one by the Society for the Propagation of the Gospel, and the other by SAMUEL ROBINSON, in behalf of himself and more than one thousand other grantees," says, "In my letter of the 11th of December, I was very explicit upon point of former grants ; you are therein directed to take care, that the inhabitants lying westward of the line, reported by the Lords of Trade, as the. boundaries of the two provinees, be not molested, on account of ter- ritorial differencee, or disputed jurisdiction : for whatever province the settlers may belong to, it should make no difference in their property, provided their titles to their lands should be found good in other respects, or that they have been long in uninterrupted pos- session of them." And he adds, " the unreasonableness of obliging a very large tract of country to pay a second time the immense sum of thirty three thousand pounds in fres, according to the allegation
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HISTORY OF ADDISON COUNTY.
of this petition, for no other reason than its being found necessary to settle the line of boundary between the colonies in question, is so unjustifiable, that his majesty is not only determined to have the strictest inquiry made into the circumstances of the charge, but expects the clearest and fullest answer to every part of it."
On the 24th of July 1767, the King in council, adopted an order on the subject. This order, after reciting at length the report " of the committee of council for plantation affairs," says. " His Majesty, with the advice of his privy council, doth hereby strictly charge, require and command, that the governor of New York, for the time being, do not (upon pain of His Majesty's highest displeasure) prc- sume to make any grant whatever, of any part of the lands de- scribed in said report, until His Majesty's further pleasure shall be . known concerning the same."
While the controversy was pending between the two governments, and before the King's order settling the boundary was known, a collision arose out of it in Pownal. But the facts in the case pre- sented a different question from that, which so extensively prevailed afterwards among other patents granted by New York. One called the Hoosick patent was granted as early as 1688. The charter of Pownal, when granted by New Hampshire, included part of this patent ; and the New Hampshire grantees claimed possession of certain lands, on which several Dutch families had settled under the Iloosick patent. In August 1764, the sheriff of Albany, in pur- suance of the proclamation of Governor COLDEN, before mentioned, hearing that the New Hampshire claimants had dispossessed several of the Dutch families, and were about to drive off others, went in pursuit, taking with him " two of the justices and a few other good people," and arrested "SAMUEL ASHLEY, who called himself a deputy, SAMUEL ROBINSON, a justice of the peace," and others, who claimed the land, and committed them to the jail in Albany.
But they were afterwards bailed and not further prosecuted. Gov- ernor WENTWORTHI being informed of this transaction, wrote to Governor COLDEN, remonstrating against it, and requesting him to release the prisoners. To which the governor, with the advice of the council, replied, that as the offence was committed " within the
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HISTORY OF ADDISON COUNTY.
undoubted jurisdiction of New York, he could do no further therein, than to recommend that the bail be moderate," and added that the controversy respecting the boundary "already lies with His Majesty."
As soon as the boundary was settled by the king's order, a large number of grants were made by the governor of New York, to re- duced officers and disbanded soldiers, and others, who made appli- cation for them, and soon extended over nearly the whole territory chartered by New Hampshire. The valleys of Lake Champlain and Otter Creek, were granted principally to reduced officers, and a large territory, north of Addison County, was reserved for non- commissioned officers and soldiers. A small tract was also reserved for them in the County of Addison, near the bend of the creek in Weybridge and New Haven, and perhaps some contiguous territory.
At first the governor and council of New York, seemed desirous to encourage actual settlers under the New Hampshire grants to take out new charters under New York, in confirmation of their former titles. On the 22d of May 1765, the following order was adopted :
" The council taking into consideration the case of those persons, who are actually settled on the grants of the governor of New Hampshire, and that the dispossessing of such persons might be ruinous to themselves and their families, is of opinion, and it is ac- cordingly ordered by his Honor, the Lieutenant Governor, with the advice of the council, that the surveyor general do not, until fur- ther order made, return on any warrant of survey, already or which may hereafter come to his hands, of any lands so actually possessed under such grants, unless for the persons in actual possession thereof as aforesaid."
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 hereof be rejected."
الصعيد زي
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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 east 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 issuc 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 acres, 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 each 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, desolated his land and crops, and left him and his family, houseless and destitute, to seek a shelter where else he 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 early 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 indieted. ( :- rioters) at the expense of our lives and fortunes."
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