USA > Vermont > Addison County > Statistical and historical account of the county of Addison, Vermont > Part 6
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HISTORY OF ADDISON COUNTY.
The claimants under New Hampshire, were not permitted, in the Courts of New York, to give their grants in evidence in defence of their claims. The Green Mountain Boys therefore, decided to make no further defence there, but to defend themselves, as they might, by force. Whenever the leaders chose to give their proceed- ings the forms of law, they established a court among themselves, and constituted themselves the triers, as well as complainants and executive officers, and passed and executed their own sentence.
While these proceedings were going on in the " New Hampshire Grants," the friends of New York were constantly plying the gov- ernor and council and legislature of that State for relief by com- plaints, petitions and remonstrances, accompanied with affidavits to sustain them, while the government looked on with amazement and were puzzled to find means adequate for a remedy. The " Ben- nington Mob," as they were called, had not only inspired the " Yorkers" in the territory with terror and dismay, but satisfied the New York government, that the means within their control were insufficient to meet the force brought against them. On the 19th of May, 1772, Governor TRYON of New York wrote a letter to Rev. WILLIAM DEWEY, minister of Bennington, and other in- habitants of that place and vicinity, inviting them to lay before the government "the causes of their illegal proceedings," and request- ing them to appoint Mr. DEWEY and certain others, as agents to lay their grievances before the governor and council, and giving assurance of " full protection to any persons they should choose," " except ROBERT COCHRAN, as also ALLEN, BAKER and SEVIL, men- tioned in his proclamation of the 9th of December last, and SETH WARNER, whose audacious behavior to a civil magistrate has sub- jected him to the penalties of the laws of his country."
STEPHEN FAY and his son Dr. JONAS FAY were appointed agents, and by them was sent a general answer to Gov. TRYON's letter, dated June 5, 1772, explaining the grounds of their grievances, signed by Mr. DEWEY and others ; and of the same date a more detailed reply, in explanation of their proceedings, signed by ETHAN ALLEN, SETH WARNER, REMEMBRANCE BAKER and ROBERT COCHRAN. These letters were laid by the governor before the council and refer-
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red to a committee, who recommended that the governor "should afford the inhabitants of those townships all the relief in his power, by suspending, until his Majesty's pleasure should be known, all prosecutions in behalfof the crown, on account of the crimes with which they stand charged by the depositions before us, and to re- commend to the owners of the contested lands, under grants of this province, to put a stop during the same period to all civil suits con- cerning the lands in question." This recommendation was adopted by the council, and when communicated, through the agents, to the people of Bennington and vicinity, was received with enthusi- asm and accepted by them as entirely satisfactory. But this prom- ise of peace was soon disturbed and the controversy was renewed and prosecuted as fiercely as ever.
The governor of New York, with the advice of the council, issued one proclamation after another, offering large rewards for the apprehension of ALLEN, BAKER, WARNER, COCERAN, and other riot- ers to no purpose. To as little purpose the legislature passed severe resolutions; and on the 9th of March, 1774, a law, which, for its savageness, has no superior in the legislation of any civilized com- munity. Referring to the riots which had taken place in the counties of Albany and Charlotte, by certain of the leaders, naming ETHAN ALLEN and others, it enacts, among other provisions, that " as often as either of the above named persons, or any other person shall be indicted in either of the counties aforesaid, for any offence perpetrated after the passing of this act, made capital by this or any other law," the governor is authorized "to make his order in council, requiring; and commanding such offender or offenders to surrender themselves respectively, within the space of seventy days next after the first publication thereof," "to one of his Majesty's justices of the peace for either of said counties respectively, who are hereby required to commit them without bail or mainprize," to the jail in New York or Albany. "And in case the said offend- ers shall not respectively surrender themselves pursuant to such order," "he or they shall from the day to be appointed for his or their surrendry, as aforesaid, be adjudged and deemed to be con- victed and attainted of felony, by verdict and judgment without benefit of clergy."
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HISTORY OF ADDISON COUNTY.
Governor TRYON had before that, on the 31st of August, 1773, called on Gen. HALDIMAND, commander of the British forces, for a sufficient number of regular troops to quell the riots, and after- wards, September 1, 1774, a similar application was made to Gen. GAGE, both of which were declined. Application was also made to the home government for regular troops and declined.
The first open and forcible collision, arising out of this contro- verzy, subsequent to the occurrence of the Hoosick patent, as men- tioned above, occurred on the Walloomsic patent. This patent was granted to JAMES DELANCY, GERARDUS STUYVESANT and others, July 15, 1730, about ten years previous to the first charter granted by New Hampshire, and was the field on which Bennington battle was fought, August 16, 1777. The charters of Bennington and Shaftsbury covered a part of this tract, and the farm of James Breckenridge was laid on this interfering territory. "Commis- sioners and a surveyor were appointed to make partition of certain lots," on this tract, " for the more efectual collecting of his Majes- ty's quit rents." Lieut. Governor COLDEN in his proclamation of December 12, 1769, states that "the said commissioners, being employed in surveying the said lots, were on the 19th day of October last past, interrupted and opposed by a number of armed men, tumultuously and riotously assembled for the declared pur- pose of preventing the said partition, who by open force compelled the commissionors and surveyor to desist from their survey, and by insults and menaces, so intimidated the said commissioners, that, apprehensive for the safety of their persons, they found it necessary to relinquish any further attempt to perform their trust," and represents "that JAMES BRECKENRIDGE, JEDIDIAHI DUE, SAMUEL ROBINSON and three others were among the principal authors and actors in the said riot," and commands and requires the sheriff of Albany to apprehend and commit " the before named rioters and offenders," and if necessary to take the posse comitatus. BRECKENRIDGE and ROBINSON, in their affidavit, deny that they resisted the surveyor, but say "a few more people assembled, a few of which had guns ;" that they "forbid their running, for we held our lands by our New Hampshire charters," "and if they run,
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HISTORY OF ADDISON COUNTY.
they must run it as dispated lands." Whatever the facts were, the commissioners and surveyor quit the premises.
Actions of ejectment were soon after commenced against BRECK- ENRIDGE and eight others, whose land had been granted to reduced officers and others, and at the succeeding term of the circuit court at Albany, judgments were obtained against him and three others. It is said " that BRECKENRIDGE made no defence, being within twenty miles of Hudson's River;" but more probably because his land was included in the Walloomsic patent, granted prior to the charter of Bennington.
From the result of these legal proceedings, " It was hoped that the riotous spirit would subside," and commissioners were again sent to make partition of the patent. who made complaint, that "on the 20th of September they were again opposed and prevented from effecting said partition by a riotous and tumultuous body of men," "among whom was SILAS ROBINSON," and three others named. And thereupon Governor DUNMORE issued a new proclama- tion for the apprehension of the rioters. The sheriff afterwards reported, that in obedience to the proclamation, he had arrested SILAS ROBINSON, one of the rioters: and thereupon the governor and council made an order directing the attorney general to prose- cute him. He was afterwards baik. I but never tried.
The following case, among numerous others which we might re- cord, will illustrate the character of the proceedings of the " Green Mountain Boys," or at least show how they were regarded and represented by the " Yorkers." BENJAMIN HOUGH, who repre- sented himself as an " Anabaptist preacher of the gospel," resided in Socialborough, a New York town on Otter Creek, embracing the whole or a part of each of the towns of Clarendon and Rut- land, had accepted a commission of justice of the peace, and was an active friend of New York. In March, 1775, he preferred his petition to Governor TRYON, stating his sufferings, and praying for relief, accompanied by his own affidavit, and those of other per- sons to sustain his pedition. In his own affidavit he states, among other things, "that he was attacked by about thirty persons, a number of whom were armed with firelosks, swords and hatche ts,
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HISTORY OF ADDISON COUNTY.
was seized and carried a prisoner to Sunderland," where he was kept in custody until they sent to Bennington " for ETHAN ALLEN and SETH WARNER;" that on the 30th day of January 1775, " the rioters appointed a court for the trial of this deponent, which consisted of the following persons, to wit : ETHAN ALLEN, ROBERT COCHRAN" and four others, " and they being seated, ordered this deponent to be brought before them ;" " that ETHAN ALLEN laid the three following accusations to the charge of this deponent, to wit : 1. This deponent had complained to the government of New York of their (the rioters) mobbing and injuring BENJAMIN SPEN- CER and others : 2. That the deponent had dissuaded and discoara- ged the people from joining the mob in their proceedings ; and 3rdly, That the deponent had taken a commission of the peace un- der the government of New York, and exercised his office, as a magistrate in the County of Charlotte, alledging that this deponent well knew, that they (the mob) did not allow of any magistrato there ;" that the judges having consulted together for some time, ETHAN ALLEN pronounced the following sentence, which he read from a paper, which he held in his hand, to wit: "That he should be tied up to a tree and receive two hundred lashes, on the naked back, and then, as soon as he should be able, should depart the New Hampshire Grants, and not return again, upon pain of five hundred lashes." After the execution of this sentence, ALLEN and WARNER gave a certificate, that he had "received a full punishment for his crimes," and the inhabitants were directed to give him " a free and unmolested passport toward the city of New York," "he behaving as becometh."
But not to trespass further upon the province of State history, in detailing the incidents of this controversy, we add only a few, which occurred within the limits of the County.
Colonel REID, of a Royal Highland regiment, had received from the government of New York a grant of land, as a reduced, or half pry officer, on Otter Creek, including the falls at Vergennes, whose tenants had been dispossessed, in August 1772, by IRA ALLEN and others. This occurred, while the agents, who had been appointed by the inhabitants of Bennington, at the request of Governor TRYON,
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as stated in a former page, were in a negotiation with the governor. and council, which resulted in the conciliatory measure by them adopted. This proceeding, when it came to the knowledge of Gov- ernor TRYON, so irritated him that he wrote a severe letter to the "inhabitants of Bennington and the adjacent country," charging them with a " breach of faith and honor, made by a body of your people in dispossessing several settlers on Otter Creek," at the very time the negotiations were going on, and requiring their " assistance in putting forthwith those families, who have been dispossessed, into re-possession of the lands and tenements."
The following is the substance of the answer of the committees of " Bennington, and the adjacent country " to this letter, signed by ETHAN ALLEN, clerk, on the 25th of August 1772, in explana- tion of the proceedings complained of. The people, having noticed, that " Mr. COCKBURN, a noted surveyor," had taken " a tour to the northerly parts of the New Hampshire Grants," (on Onion River) " to survey and make locations on lands," which had been granted by New Hampshire, " rallied a small party and pursued and over- took him and his party, and in their pursuit, passed the towns of Panton and New Haven, near the mouth of Otter Creek, dispos- sessed Col. REID of a saw mill in said Panton, which by force," and without right, " he had taken from the original owners more than three years before, and did, at the same time, extend his force, terrors and threats into the town of New Haven," " who so terrified the inhabitants, (which were about twelve in number) that they left their possessions and farnis to the conquerers, and escaped with the skin of their teeth." "Col. REID, at the same time, and with the same force, did take possession of one hundred and thirty saw logs, and fourteen thousand feet of pine boards," and converted them to their own use. In 1769, a man by the name of PANG- BORN, built there a saw mill, and a few claimants under the New Hampshire grant, were in possession of the lands in that year. After they were driven off, RAID's men built a grist mill. The committees also deny, that there was any breach of faith, as the result of the negotiations between Governor TRYON and the dele- gates from Bennington was not known at the time, and the agents
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HISTORY OF ADDISON COUNTY.
were not authorized to complete any arrangements, so as to be bind- ing on the people of the Grants, until ratified by them. They also promptly refused to obey the governor's requisition to afford assis- tance in restoring Col. REID's men to the possession of the lands. And thus ended the result of the negotiations for conciliatory meas- ures between the parties in 1772.
The latter part of June, or the fore part of July 1773, Col. REID, engaged several Scotch immigrants, lately arrived at New York, to settle on his lands, of which he had been dispossessed, as above mentioned, and went with them to Otter Creek. On entering upon the lands, they found several persons settled on them, claiming title under the New Hampshire charters. One of them was JOSHUA HYDE, who afterwards removed to Middlebury, and settled in the south part of that town. Col. REID, in some way, got rid of thesc tenants, and entered into possession of the mill and lands claimed by him. The Green Mountain Boys, learning this fact, ALLEN, WARNER and BAKER, with a strong force, consisting, as represented by the Scotch tenants, of more than one hundred men well armed, marched for Otter Creek, and on the 11th day of August, appeared on the ground, drove off the Scotchmen, burnt their houses and other buildings, tore down the mill, which, it was said, Col. REID had lately built, broke the mill stones in pieces and threw them down the falls. JOHN CAMERON, one of the Scotch tenants, in his affidavit, as to the manner in which they went into possession under Col. REID, states, " That the persons " (the tenants in possession) " did agree voluntarily, to remove from Col. REID's land, till the King's pleasure should be known, provided Col. REID would pur- chase their whole crops then on the ground, that they might not lose their labor, which Col. REID consented to, and paid them the full value for it accordingly." The affidavit also states, "That the de- ponent was much surprised to see, among the rioters, JOSHUA HYDE, one of the three men, who had entered into a written obligation with Col. REID, not to return again, and to whom Col. REID, on that account, had paid a sum of money for his crops." *
* Mr. THOMPSON, in his history of Vermont, in stating this transaction, says nothing about the voluntary removal of the New Hampshire claimants, and a
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HISTORY OF ADDISON COUNTY.
A tract of "three thousand acres of land on the east bank of Lake Champlain, within a mile and a quarter of the fort there," was granted under the great scal of the Province of New York, "to DAVID WOOSTER, t of New Haven, in the Colony of Connecticut, Esquire, being a captain on half pay, reduced from His Majesty's fifty-first regiment." This tract was in the north part of Addison and probably extended into a part of Panton. In his deposition laid before the governor and council, dated February 20, 1773, he states, among other things, that " on visiting these lands t he found five families, which had then lately settled," "some of them, pre- tending to have no right at all, promised to leave said lands. The others the deponent then served ejectments on, which issued out of the inferior court of common pleas of Albany. Whereupon they also submitted, and desired the deponent to give them leases of part of said lands, which this deponent consented to; gave them per- mission to remain on the lands, acknowledging him to be their land- lord, until it was convenient for him to return and give them leases in form." HIe states also, " that in the month of September pre- ceding, he went to his lands in order to give leases to the settlers," and " that upon the deponent's arrival on his lands, the settlers thereon and others, collected together in a body, about thirteen in number; when the deponent offered those who had settled on his
promise not to return on being paid for their crops, but says, " On their arrival, the New Hampshire settlers were a second time compelled to abandon the place. Rev. Dr. MERRILL, in preparing his history of Mid llebury, obtained from HYDE's family, after his decease, also a different account of the manner in which he was dispossessel of his farin. This states, that he was arrested and made his escape, and sent back word to Col. REID, that, if he was allowed to depart in peace, he would never come back to his land, and soon after sold it, and the purchaser took possession. HYDE, on his way to Connecticut after his expulsion, met ALLEN's company at Sudbury and returned with him.
t This Captain DAVID WOOSTER, at the commencement of the revolutionary war was appointed by the legislature of Connecticut a major general of the troops of that State. Being at home in New Haven in April, 1777, when the British troops came up the sound and burned the town of Danbury, he volunteered and joined the troops suddenly raised to oppose them, and while rallying the troops under his command, received a mortal wound, of which he soon died.
# This first visit was in 1767 or 1768.
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HISTORY OF ADDISON COUNTY.
lands, lessos, which they absolutely refused to accept, on any terms whatever ; but declared that they would support themselves there by force of arms, and that they would spill their blood before they would leave the said lands." Whereupon, " being well armed with pistols," he "proceeded to serve two declarations in ejectment on two principal ringleaders," "notwithstanding they continued their firelocks presented against him during the whole time; that after the deponent had served the said ejectments, they declared with ono voice, that they would not attend any court in the Province of New York, nor would bo concluded by any law of New York respecting their lands."
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Among other grants by New York, within the present limits of Addison county, a considerable tract of land was granted or re- served to the Earl of Dunmore, who was governor of that State in 1770 and 1771, embracing, as it appears by an ancient map, the. town of Leicester and at least a part of Salisbury, from Otter Creek to the Green Mountains, and including the lake which still bears his name. On the borders of this beautiful lake, and in the midst of the romantic scenery which surrounds it, a large establish- ment has been recently built, as a retreat for the accommodation of summer visitors, and for the resort of pleasure parties at other sea- sons, by an incorporated association, chiefly under the superintend- ance of the late EDWARD D. BARBER, Esq. The establishment has since been purchased by a company of southern gentlemen, who are still enlarging and ornamenting it, intending to make it a summer residence for themselves and a large number of others.
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While the question was pending in 1772, as to the location of the public buildings for the county of Charlotte, Lord DUSMORE'S land was proposed for that purpose, especially for the reason that it was as central at that time as the state of the population would allow, and because it was near Crown Point, where military aid could be obtained to quell riots of the disaffected, if necessary. Lord DUNMORE offered, that if his lands were fixed on, he would "most cheerfully build a court house or other buildings, which may be thought requisite."
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HISTORY OF ADDISON COUNTT.
CHAPTER VII.
EFFECT3 OF THE WAR AND THE DECLARATION OF INDEPENDENCE ON THE CONTROVERSY-CONCLUSION OF THE CONTROVERSY,
IT was well, probably, for the contending parties, that the com- mencement of the revolutionary war opened a new field and pre- sented a new object for their efforts and anxieties, and checked the asperity of the controversy and the violence of the collisions. The controversy, which in the outset, was sufficiently complicated, had become more and more entangled and hopeless of settlement by every movement which had been made on either side.
But, although the commencement and continuance of the war changed in some measure the position and operations of the parties, it did not change their settled and unwavering determination to maintain their several claims. The State of New York had no thought of surrendering their claim to jurisdiction over the New Hampshire Grants. And the inhabitants of the Grants had as little thought of ever submitting to that jurisdiction ; but they began more openly and boldly to insist on establishing themselves as a separate and independent State. And several circumstances at this time occurred to encourage their hopes. They had before acknowledged the sovereignty of the British government, and their right to dispose of their destiny. By the declaration of indepen- dence, that sovereignty was thrust out of the way, and Congress had taken its place. They Ind renounced all allegiance to New York, and did not acknowledge that government as having any authority over them. And as they had not been received into the Union, in the capacity of a separate State, they denied the au- thority of Congress to exercise any authority over them, until they were placed upon the footing of the other States, as a part of
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the confederacy by which that body had been constituted. They were of course, in their own view, without a government.
Until this time the counties of Cumberland and Gloucester had generally submitted to the government of New York, which had established courts and appointed the officers of those counties. But there were always many individuals opposed to that jurisdiction. The idea of establishing a separate government led the inhabitants to look around them and consider their state. The condition of their land titles was uncertain. Many of them, from various causes had failed to obtain a confirmation of their titles, and they began to discover that the heavy quit rents and expenses which would be required would be an unreasonable burthen, "which," in language not very different from that of more modern land reformers ". they consider an innovation upon the rights of mankind, for whose uso such lands were given by a bountiful Providence, without reserva- tion, and which ought not, in their opinion, to be charged with taxes, other than for the general support and defence of the State and government." They discovered also that the seat of govern- ment was so remote that " the obtaining of justice is rendered labo- rious, tedious and expensive," and that the influence of the govern- ment is "weak and dissipated," "to the great encouragement of the lawless and wicked."
It is understood that the excitement which raised the mob in March, 1775, to stop the proceedings of the court at Westminster, and arrest and imprison the judges and other officers, had no refer- ence to the question of land titles, or jurisdiction. But it is not improbable, that the scarcity of money, and their inability to pay the heavy amount of debts put in suit, which produced that excite- ment, might have stimulated an opposition to the government, whose courts and sheriff were a terror to the whole community. Accordingly, "a meeting of the committees appointed by a large body of inhabitants, on the east side of the Green Mountains," was held at Westminster, on the 11th day of April, of that year, which adopted spirited resolutions against the government of New York. In the meantime, agents were sent from the west side of the moun- tains to encourage those rising dispositions, and ascertain the pre-
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