USA > Vermont > Rutland County > Danby > The history and map of Danby, Vermont > Part 3
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`The people of the different towns were holding meetings and conventions. in reference to the general safety of the inhabitants on the grants. A meeting was held at the house of Micah Vail. Jan. 30th, to appoint delegates, to attend a general meeting of velegates from the different towns, to be held at the house of Mr. Martin Powell in Manchester, Jan. 31st. Joseph Soule was moderator of this meeting, and Micak Vail, Ephraim Seley and Joseph Soule were appointed delegates to represent this town in that convention.
New York had not abandoned her attempts to subjugate the people on the grants, but continued to assert ber claim, and to extend her jurisdiction, and the settlers kad determinedly refused to submit willingly to repurchase their lands, which they had settled and improved by cultivation, and planting orchards. This controversy and all other sectional difficulties were soon swal- lowed up in the revolutionary struggle, which had now com- menced. The settlers of the town were still united, as they had hitherto been, against the common enemy, and in defense of their liberties, and now a momentous period for them had come. The difficulty with New York had involved their dearest rights, and had raised their indignation to the highest pitch, and was just on the point of breaking out into open hostility when the war be- tween the American colonies and Great Britain commenced. The news of the battle of Lexington had no sooner reached the settlers than it found them in readiness at a minute's warning, to defend their homes, at the expense of their lives and fortunes.
The proprietors held a meeting in April, 1776, at the house of William Bromley, and Ephraim Seley was chosen moderator. It was voted to make a fourth division of land, of 50 acres to each right, and to be made by " pitches." the same as in the third di- vision. The committeeappointed to lay out the land in this divi- sion, were William Bromley, Wing Rogers, Ephraim Soley. John Wood and William Gage. They were to commence make- ing their "pitches" the 1st of May following. William Bromley was appointed proprietor's clerk.
At the annual meeting of 1776, Mr. William Bromley was elected town clerk. . A committee of five were appointed at that meeting to grant warrants to surveyors, and see if the roads were properly worked. The warrants empowered surveyors to distrain the goods and chattles of all delinquents and dispose of them by publie auction. and appropriate the proceeds for the use of high- ways. The three assessors for that year were Joseph Sprague. Seth Cook and Abraham Chase.
On the dile day of May 1776, a meeting was held at the hon- of Micah Vail, to appoint a committee of safety. David Irish was chosen moderator, and Micah Vail. Williams Cage and David frich a committee of safety for the town. during the then present Continental Congress. A committee of five was also ap- pointed, to take charge of the public rights as granted by the charter. That committee consisted of Joseph Soule. Joseph
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HISTORY OF DANBY.
Sprague, Philip Griffith, Micah Vail and Abraham Chase. A road was laid out that year from Ephraim Seley's to Moses Vail's and the Otter Creek road, making some ten or twelve different roads in town at that time, which were all laid four rods wide.
In the convention which met at the house of Cephas Kent, in Dorset, on the 25th day of September, 1776, Dauby was repre- sented by Micah Vail and William Gage. This convention was called by the .. Green Mountain Boys," who had after the Dec- laration of Independence, made at Philadelphia, in July. 1776, concluded they were not under the rule of any earthly govera- ment. except their own. A committee of seven reported the wrongs and grievances suffered from New York. and the impolicy of any further connection with them. Among the proceedings of that convention were the following : "To take suitable measures as soon as may be, to declare the New Hampshire grants a free and separate district." This shows the spirit of the men of those times. but for which we should never have known the value of American liberties.
The following is a copy of a paper, now in my hands, which was presented to Capt. Micah Vail, in 1774. by Ethan Allen, as will be seen, being the remarks made on some laws passed about that time, and will more fully express the views of the .Green Mountain Boys," in regard to the proceedings of New York. And as it is an old relie, and doubtless the only copy in existence, we have thought best to give it entire (in modern print. ) retain -. ing the capitals and spelling contained in the original :
"REMARKS, &e. on some late Laws passed in New York.
HIS Excellency Governor TYRON. in conformity to the Ad- dresses of the General-Assembly of the Colony of New-York, having on the 9th day of March, 1774, with the Advice of his Council, issued his Proclamation, offering therein large Sums of Money for the purpose of apprehending and imprisoning the fol- lowing Persons, viz : Ethan Allen. Seth Warner, Remember Ba- ker. Robert Cochran, Peleg Sunderland, Silvanus Brown, James Breakenridge, and John Smith.
And whereas his Excellency the Governor, by the same Proc- lamotion. hath strictly enjoined and commanded all Magistrates, Justices of the Peace, Sheriffs, and other civil Officers of the Counties of Albany and Charlottee, to be active and vigilant iu apprehending and imprisoning the Persous above named, and we the aforesaid Persons, whose Names are hereunto affixt, being conscious that our Canse is good and equitable, in the Sight of God, and all unprejudiced and honest Men. are determined at all Events, to maintain and defend the same. 'till his Majesty's Piea- sure shall be known, concerning the Validity of the New Hamp- shire Grants. And we now proclaim to the Public, not only for ourselves, but for the New Hampshire Grantees and Occupants in general ; that the Spring and moving Cause of our Opposition te the Government of New-York, was self-preservation : viz : Firstly,
..
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HISTORY OF DANBY.
the Preservation and maintaining of our property : And secondly. Since that Government is so incensed against us. therefore it stands us in hand to defend our lives : for it appears by a late set of Laws passed by the Legislature thereof, that the lives, and prop- erty of the New-Hampshire Settlers are manifestly struck at : but that the Publiek may rightly understand the Essence of the Controversy ; we now proclaim to those Lawgivers, and to the World. that if the New-York Patentees will remove their Patents that have been subsequently lapped and laid on the New-Hamp- shire Charters, and quiet us in our Possessions, agreeable to his Majesty's Directions, and suspend those criminal Prosecutions against us. for being Rioters (as we are ujustly denominated) then will our Settlers be orderly and submissive Subjects to Government ; but be it known to that despotie Fraternity of Law- Makers, and Law-Breakers. that we will not be fool'd or fright- ened out of our property : they have broke over his Majesty's ex- press Prohibitions, in patenting those Lands, and when they act in Conformity to the regal Authority of Great-Britain, it will be soon enough for us to obey them. It is well known by all wise and sensible Persons in the neighbouring Governments. (that have animadverted on the Controversy) that their pretended Zeal for good order and Government, is fallacious, and that they aim at the Lands and Labours of the Grantees and Settlers aforesaid : and that they subvert the good and wholesome Laws of the Realm. to corroborate with, and bring about their vile and mer- cinary purposes.
And in as much as the Malignity of their Disposition toward: us. hath flamed to an immeasurable and murtherons Degree, they have iu their new-fangled Laws, calculated for the Meridian ot the New-Hamshire Grants, passed the 9th of March, 1771. >> calculated them, as to correspond with the Depravednes of their Minds and Morals, in them Laws they have exhibit- ed their genuine Pictures. The Emblems of their insatiable. avaricious, overbearing, inhuman. barbarous, and blood-guiltiness of Disposition and Intentions is therein portraited in that trans- parent Image of themselves, which cannot fail to be a Blot. and an infamous Reproach to them and to Posterity .--- We cannot suppose that every of his Majesty's Council, or that all the Men- bers of the General Assembly were concern'd and active in pass- ing so bloody and unconstitutional Set of Laws : undoubtedly many of them disapproved thereof; and it is altogether possible. that many that were active in making the Laws, were imposed upon by fake Representations, and acted under mistaken View- of doing Honor to Government ; bur be this a- it will. it ap- pears that there was a Majority. And it has been too much! the Case with that Government, for a Number of designing Sche- iners and Land-Jockeys, to rule the same. Let us take a View of their former narrow and circumscribed Boundaries, and how that by Legerdemain. Bribery. and Deceptions of one Sort of other. they have extended their Domain far and wide ; they have ran-
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HISTORY OF DANBY.
gled with, and eneroached on all their neighbouring Governments ; they have used all Manner of Deceit and Fraud to accomplish their Desigus : Their Tenants groan under their Usery and Op- pression : and they have gained, as well as merited, the Disap- probation and Abhorrence of their neighbours ; and the innocent Blood which they have already shed, call for Heaven's Vengeance on their guilty Heads ; and if they should come forth in Arms against us, thousands of their injured and dissatisfied Neighbours in the several Governments, will join with us, to cut off, and ex- tirpate such an excerable Race, from the Face of the Earth.
This piece is not supposed to contain a full Answer to the new constructed Set of Laws aforesaid, for such a large Two-Year old, hath never been seen in America. it being of an enormous and monstrous Birth : nor is it supposed to give the Legislators their full Characters : But so much and a little more may suffice for the Present. To quote the Laws, and make Remarks there- on. would be Matter sufficient for a Volume : However, we will make a few short Remarks thereon.
I. Negatively, it is not a Law for the Province of New-York in general, but
II. Positively, it is a Law but for Part of the Counties of Al- bany and Charlottee, viz : such Parts thereof as are covered with New Hampshire Charters, and it is well known those Grants com- pose but a minor Part of the Inhabitants of the said Province : and we have no representative in that Assembly. The first Know- ledge we had of said Laws was the Completion of them, which informed us. that if we assembled, three or more of us together to oppose that which they call legal Authority, we shall be ad- judged Felons : and suffer the Pains of Death ; and that same Fraternity of Plotters knew, as well as we, and the Generality of the People in the adjacent Colonies, that they have for a Number of Years last past. endeavoured to exercise such a Course of that which they call Law. that had they not been opposed by the People of these Grants. (called a MOB) in the executing the same. they would before this Time have been in Possession of that Territory. for which the Laws aforesaid are calculated : Therefore the Case stands thus ; if we oppose civil Officers in tak- ing Possession of our Farms. we are by these Laws denominated Felous, or if we defend and aid our Neighbours, who have been indicted Rioters only for defending our Property, we are adjudged Pelons for that also. In fine. every Opposition to their monar- chial Government is deemed Felony, and at the End of every such Sentence there is the Word Death : And the same Laws fur- ther impower the respective Judges, provided any Persons to the Number of three or more. that shall oppose any Magistrate or civil Oficer, and are not taken. that after a legal Warning of sev- enty Days. if they do not come and yield themselves up to certain Oficer- appointed for the Purpose of securing them ; then it shall be law ful for the Judges aforesaid. to award Execution of Death ; the same as though he or they had been convicted or attained be-
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HISTORY OF DANBY.
fore a proper Court of Judicature, &c .- The candid reader will doubtless observe. that the diabolical Design of this Law is, to obtain possession of the New Hampshire Grants, or to make the people that defend them outlaws, and so kill them wherever they can catch then.
Those bloody Lawgivers know we are necessitated to oppose their execution of Laws where it points directly at Property, or give up our property ; but there is one Thing which is Matter of cou- solation to us, viz. that printed Sentences of Death will not kill us, when we are at a Distance ; and if the Executioners approach us, they will be as likely to fall victims to death as we : And that person, or Country of Persons are Cowards indeed, if they can- not as manfully fight for their Liberty, Property & Life. as Vil- lians can to deprive them thereof .-- The New-York Schemers ac- cuse us of many Things, part of which are true, and part are uot : with respect to rescuing Prisoners for Debi, it is false : As to assuming Judicial Powers, we have not, except a well regalat- ed Combination of the People, to defend their just rights, may be called so. As to forming ourselves into Military Order, and assuming Military Connmands, the New-York Posseys and Mili- tary Preparations. Oppressions. &c. obliged us to it : Probably Mess'rs. Duane, Kemp and Banjor, of New-York, will not dis- commend us for so expedient a preparation : more especially. since the decrees of the 9th of March, are yet to be put in Exe- ention : And we flatter ourselves, upon occasion. we can muster as good a Regiment of Marksmen and Scalpers, as America can afford ; and we now give the Gentlemen above named, together with Mr. Brush and Col. Teubroack, and in fine, all the Land- Jobers of New-York, an invitation to come and view the dexter- ity of our regiment ; and we cannot think of a better Time for that purpose, than when the excutioners come to kill some or all of us, by Virtue of the Authority their judges have lately receiv - ed. to award and sentence us to Death in our absence .--- There is still one more notable Complaint against us, viz. that we have in- sulted and menaneed several Majistrates, and other civil Officers so that they dare not execute their respective Functions : this is true so far as it relates to the Majestrates : But the Public should be informed what the Functions of those Majestrates are ; they are commissioned for the sole Purpose of doing us all the harm and mischief they possibly can. thro' their Administration and Intiuence : and that they might be subservient to the wicked de- signs of the New-York Schemers, these are their Functions : aud the Public need no farther Proof than the consideration that they are the Tools of those extravagant Law-Makers : and it must be owned, they acted with great Judgement. in choosing the most in- ternal Instruments for their purpose.
Draco. the Athmina Law-giver, caused a Number of Law- (in many Respects analagous to those we have been speaking of) to be written in blood ; But our modern Draco's determine to have theirs verified in blood : They well know we shall more
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HISTORY OF DANBY.
than three, nay more than three times three Thousand, assem- ble together, if Need be, to maintain our common Cause, 'till his Majesty determines who shall be and remain the Owners of the Land in Contest.
" Wilt not thou possess that which Chemoth thy God giveth thee to possess :" So will we possess that, which the Lord our God (and King) giveth us to possess.
And lastly we address ourselves to the People of the Counties of Albany and Charlottee, which inhabit to the Westward of, and are situated countiguons to the New-Hampshire Grants. Gentlemen, Friends and Neighbours, Providence having alloted and fixed the bounds of our Habitations in the same Vicinity, which together with the free intercourse of Trade and Com- merce, hath formed an almost universal Acquaintance, and Tye of Friendship between us, and hath laid such a Foundation of Knowledge, that your people in general cannot but be sensible that the Title of our Lands is in reality the Bone of Contention : and that as a People we behave ourselves orderly ; and are indus- trions and honestly disposed : and pay just Defference to Order and Government ; and that we mean no more by that which is called the Mob. but to defend our just Rights, and Properties : We appeal to the Gentlemen Merchants, to inform whether our People in general do not exert themselves to pay their just Debts ; and whether they have ever been hindered by the country's Mob, in the collection of their Dues ; But as the Magistrates, Sheriff's, Under-Sheriff's. Coroners and Constables of the respective Conti- ties that hold their posts of Honour, and Profit under our bitter Enemies, we have a Jealousy, that some of them may be induced (to recommend themselves to those on whom they are dependant, and for the Wages of unrighteousness offered by Proclamations) to presume to apprehend some of us, or our Friends : We there- fore advertise such Officers, and all persons whatsoever, that we are resolved to inflict immediate Death on whomsoever mav at- tempt the same : and provided. any of us or our Party be taken, and we have not Notice sufficient to relieve them, or whether we relieve them or not, we are resolved to surround such Person or Persons whether at his or their own House or Houses, or any where that we can find him or them, and shoot such Person or Persons dead : And furthermore that we will kill and destroy any Person or Persons whomsoever, that shall presume to be ac- cessary, aiding or assisting in taking any of us aforesaid ; for by these presents we give any auch disposed Person or Persons to un- derstand. that. although they have a Licence by the Law afore- said, to kill us ; & an . . Indentification - for such Marther from the same anthority : yet they have no fudemniti- cation for so doing. from the GREEN-MOUNTAIN BOYS; for our Lives. Liberties and Properties, are as verily precious to Ils. as to any of the King's Subjects : and we are astoval to his Majesty or his Government, as any subjects in the Province : But if the Governmental Authority of New-York, will judge in
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HISTORY OF DANBY.
their own case, and act in opposition to that of Great Brittain, and insist upon killing us. to take possession of our Vineyards ; come on. we are ready to take a Game of Scalping with them ; for our marshal spirits glow with bitter Indignation, and consul- mate Fury to blast their infernal Projections.
It may be, the reader, not having seen the Laws referred to in this Piece, and not being thoroughly acquainted with the long and spirited Conflict that hath subsisted between the Claimant; under New-Hampshire and New-York, nor of the progressive, arbitrary and monopolizing Disposition of the Court-Party of the latter of these Provinces ; may be apt to imagine that the Spirit of this Writing is too severe, inasmuch as it destines whoever pre- sumes to take us Felons or Rioters, to immediate Death. But let the Wise consider the State of the Cause ; 1. Provided we on our Part be taken, we have by them Laws the Sentence of Douth already pronounced against us. on proviso more than three of us assemble together to maintain and defend our Property till his Majesty determine the Controversy. And 2. May it be con- sidered that the legislative Authority of the Province of New- York had no Right or constitutional Power to make such Laws, and consequently that they are null and void. from the Nature and Energy of the English Constitution ; therefore as they have no Place among the Laws of the Reahn of Great Britain, bat are the arbitrary League and combination of our bitter and mer- ciles Enemies, who to obtain our Property. have inhumans, bar- barously and maliciously, under the specious and hypocritical Pretence of legal Authority, and Veneration for order and Gov- ernment, have laid a Snare for our lives. Can the Public een- sure ns for exerting ourselves nervously to preserve our Lives in so critical a Situation : for by the Laws of the Province into wich we are unfortunately fallen. we cannot be protected in either Property or Life, except we give up the first to preserve the lat- ter ; so we are resolved to maintain both, or to hazard or loose both.
From hence follows a neccessary Inferrence, that inasmuch as our Property. nay our Lives, cannot be protected. (but manifest- ly struck at) by the highest Authority of the Province, in which we at present belong. therefore in the interim, while his Majesty is determining the Controversy, and till he shall interpose his royal Authority, and subject the Authority aforesaid to their Du- ty, or reannex the District of disputed Lands to the Province of New-Hampshire. or some Way in his great Wisdom and Father- ly Clemency, put the distressed Settlers under New Hampshire, on an equal Footing with our Brother Subjects in his Realin. we are under a Necessity of resisting auto Blood, every Per-92 who may attempt to take us as Follows or Roosters as afore-aid ; for in this case it is not resisting Law, but only opposing Force by Force : therefore inasmuch as by the Oppressions aforesaid. the New Hampshire Settlers are reduced to the disagreeable State of Anarchy, in which State we hope for Wisdom, patience and For-
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HISTORY OF DANBY.
titude, till the happy Hour his Majesty shall graciously be pleas eil to restore us to the prvileges of Englishmen. signed pr ETHAN ALLEN. Dated at Bennington, April 15th, 1774. SETHI WARNER. REMEMBER BAKER, ROBERT COCHRAN. PELEG SUNDERLAND, JOHN SMITH. SILVANUS BROWN.
N. B. Whereas Mr. James Breakenridge bath the Honor to be paroled a Rioter with us we can assure the Public. that this worthy Gentleman hath never been concerned with us in any Mob whatsoever : but that he hath alway relied on a good Providence and the legal Authority of Great Britain, for the Confirmation of the New Hampshire Charters; Exclusive of any other Means- ures whatsoever.
The following verse attached to the above. was composed by Thomas Rowley.
When Casar reigned King at Rome.
Saint Paul was sent to hear his Doom ;
Bet the Roman Law in a criminal Case,
Must have the Accuser Face to Face.
Or Cæsar gives a flat Denial .-
But here's a Law made now of late, Which destines men to awful Fate,
And hangs and damns without a Trval :
Which made me view all Nature through.
To find a Law where men were try'd
By legal Act, which doth exart Men's Lives before they are try'd. Then down I took the Sacred Book,
And turu'd the Pages o're. But could not find one of this Kind, By God of Man before. T. R.
Upon the back of the above paper, is a letter. addressed în Capt. Vail, and written by Ethan Allen himself, which reads as follows :
".To Capt. Micah Veal at Danbe.
Sr. I Make You a Present of this paper, and if on a Perusal You Should approve Thereof, it would add Greatly to my Satis- faction as I Should hope You would be animated to form the In- habitants of your Town Into Military Order. and Assinar Your former Command and Assist us in Humbling the Houghty Lan- Jobber at N. York. If Such an Event should Take place in your Town it would be Greatfully acknowledged by the Green Mon- tain Boys & Particularly by Your Friend and
Hamble Servant. ETHAN ALLEN."
The foregoing paper was preserved by Caleb Parris, and now belongs to his son, John S. Paris, Esq.
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HISTORY OF DANBY.
The annual town meeting of 1777 was held at the house of Micah Vail, and Thomas Rowley was moderator. The three a -- sessors appointed that year, were Luther Colvin, Stephen Calk- ins and Abraham Chase. The town was divided into six high- way districts and Asa Haskins, Joseph Day. Wing Rogers. Cris- pin Ball, JJonathan Irish and Luther Colvin were appointed the surveyors. It appears that swine were somewhat troublesome in those days, if allowed to run at large. It was necessary to pass a vete at each annual meeting, not to allow them to run at large, but as we would naturally suppose, this was disregarded
by some of the inhabitants. This gave rise to the office of hay- ward or "hog constable," whose dnty it was to see that swine were kept within proper bounds. Wing Rogers was elected bay- ward or " hog constable" in 1777, the first who ever occupied that office in this town. The office of fence viewer was also ere- ated that year and those planted to that office were Micah Vail. William Gage and John Wood. A pound was also established for the first time, which was situated on the road between Aaron Bull's and Micah Vail's, and Edward Vail was chosen pound keeper. The committee of safety for the year 1777, were Wil- liam Gage, Thomas Rowley and Micah Vail.
A town meeting was called the 23d day of June, 1777. to ap- point two delegates to attend the general convention to be held at Windsor on the 2d day of July following ; Col. Thomas Chit- tenden and Capt. William Gage were chosen to represent the town of Danby in that convention. The time had now come when the people of Vermont must form a government of their own. The convention which had met at Westminster the 15th day of January. " had entered into an association among them- selves. for the defense of the liberties of their country, and de- clared that if any of the people inhabiting the New Hampshire Grants, should submit to the goverment of New York, they would be deemed enemies of their country." The people had petitioned Congress that Vermont might be reckoned among the free and independent American states, and the convention allud- ed to above, had met for the purpose of framing a constitution for the new state.
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