USA > Vermont > Rutland County > The history of Rutland county, Vermont; civil, ecclesiastical, biographical and military, pt 1 > Part 29
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2d. Under the New Hampshire title by grant of Gov. Wentworth of the township of Clarendon, dated Sept. 5, 1761.
3d. Under the New York title by the grant of Socialborough issued by Gov. Dun- more, of New York, dated Apr. 3, 1771, which included Rutland and Pittsford and about 4 square miles of the north part of Clarendon ; and by the New York patent of Durham is- sued by Gov. Tryon, Jan. 7, 1772.
* The intervals in Clarendon are nearly a mile wide in some places, and very fertile.
* Hall's Early History of Vermont.
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Most of the first settlers were from Rhode Island, and held their land under a lease from Lydius by which they were to pay him the rent of one pepper corn a year, each year, for the first 20 years, and 5s. a year for each year thereafter, for every 100 acres of im- proveable land.
The settlement was commenced by Elka- nah Cook in the year 1763, Randall Rice, Benjamin Johns and others joined him the same year .*
Jacob Marsh, Daniel Marsh, Amos Marsh, Oliver Arnold, and Whitefield Foster, came into town in 1769, and settled near the creek in that part of Clarendon included in the New York grant of Socialborough. They worked together clearing the land the first year, the next year brought on their families.
In the summer of 1771, William Cockburn attempted to survey the grant of Socialbo- rough ; but was driven off by the threats of the settlers under the New Hampshire title, as will be seen by the following extracts from a letter, written on his return to Albany, to James Duane one of the New York grantees.
" Albany Sept. 10, 1771.
The people of Durham assured me, these men (the New Hampshire claimants) intend- ed to murder us if we did not go from thence, and advised me by all means to desist run- ning. *
* * On my assuring them I would survey no more in those parts we were permitted to proceed along the Crown Point road, with the hearty prayers of the woinen that we never return. * Marshes survey is undone as I did not care to venture myself that way. *
WILL COCKBOURN."
Jacob Marsh of Clarendon, alluded to above, purchased of James Duane, William Cockburn and 16 other New York grantees of Socialborough a tract of land the deed of which is dated Jan. 9. 1772. The tract con- tained 600 acres and was included in the grant of Socialborough and lies mostly with- in the present limits of the town of Claren- don, and exten led from the farm now owned by H. H. Dyer, Esq., southerly to the south line of Socialborough, which run a few rods north of the present residence of Hon. John L. Marsh. And from Otter Creek on the west, to the Cockburn road on the east. 'The Cockburn road being what is now Main St. in Rutland running on a straight line into Clarendon. This tract was divided between the six settlers who had first
settled on it under the Lydius title, Jacob Marsh occupying what is now known as the Strong farm, Amos Marsh the Nelson farm, Daniel Marsh, the Platt farm, Oliver Ar- nold the Webb farm, Whitefield Foster the Ross farm. The old Crown Point road which passed through Clarendon had been frequent- ly traversed by the citizen soldier on his way to and from the scenes of conflict near the lakes, and the beauty of location and fertility of the soil being known, the settlement rap- idly increased and soon the primeval forests that had so long shaded the land became spotted with clearings, and the settlers cabins were thickly scattered over hill and valley throughout the town. The first settlers who had cleared and improved their lands under the Lydius title, soon found themselves in a dispute with others who afterwards came in and claimed the same lands under the New Hampshire title. And the Lydius title proving worthless, they were induced by the representations of New York land adventur- ers to seek protection from the New Hamp- shire claimants, by obtaining a grant under the government of New York, although it was well known that the king had in 1767. forbidden the issuing any such grant. They accordingly made an arrangement with Mr. Duane to procure the patent of Durham which was issued by Gov. Tryon, Jan. 7, 1772, and which purported to grant 32,000 acres in shares of 1000 acres each to 32 individuals by name, and which included all the land in Clarendon south of Socialborough. By agree- ment Mr. Duane and his New York City friends, were to have 14,225 acres (nearly one half the land.) Mr. Duane's share was 4740 acres. " By this means the interests of the ' Durhamites' as they were afterwards called by the New Hampshire claimants became fully indentified with that of the New York City speculators."t
And, both the New Hampshire and the New York claimants attempting to occupy the same land, much controversy and fre- quent collisions between the Yorkers and the Green Mountain Boys resulted in conse- quence.
Jacob Marsh, of Socialborough, having bought his land of the New York grantees, became foremost in advocating the New York and discrediting the New Hampshire title. He was appointed a justice of the t Hall's Early History, p. 189.
* Thompson.
4
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prace for the New York county of Charlotte, and is claimed to have been the ablest York- er in Clarendon.
Benjamin Spencer who lived in the south part of Durham, and who is represented by Ira Allen in his history as "an artful, in- triguing and designing man," appears to have been the most active and influential leader of the Yorkers in that vicinity. He was a New York justice of the peace and an assistant judge. He was one of the princi- pal actors in obtaining the patent of Dur- ham, his name heading the petition. He was an active agent of the New York specu- lators in their attempts to obtain the land and expel those settlers who had purchased under the New Hampshire title from their homes. His efforts, instead of being success- ful, roused the determined hostility of the Green Mountain Boys, and involved himself in difficulty. On the 11th of April, 1772, he wrote to Mr. Duane that
" The New Hampshire men strictly forbid any further survey being made only under the New Hampshire title, which riotous spirit has prevented many inhabitants set- tling this spring. You may ask why I do not proceed against them in a due course of law, but you need not wonder when I tell you it has got to that the people go armed and guards are set in the roads to examine people, what their business is and where they are going *
* and it has got to that they say they will not be brought to justice by this province, and they bid defiance to any authority in the province. We are threatened at a distance of being turned off our lands and our crops destroyed. * * One Ethan Allen hath brought from Connect- icut twelve or fifteen of the most blackguard fellows he can get, double armed, in order to protect him."
In May he wrote as follows :
" The tumults have got to such a height that I cannot travel about to do my lawful business ! indeed, I cannot with safety travel two miles from home; I am threatened of having my house burnt over my head, and the rest of the inhabitants driven out of their possessions in Durham. * * The Hampshire people swear that no man shall stay on these disputed lands that favors the government in any shape whatever. The people of Socialborough prevent any settle- ment at present, swearing that they will shoot the first man that attempts to settle under a title derived from New York."
These threats, uttered for the purpose of intimidation, were never executed. But as Spencer, Marsh, Button and Jenney contin- ued their efforts as New York officers to ex. ercise authority and support the New York
title, and new occupations of land were made, the struggle grew more earnest and bitter, and increased in importance until the valley of Clarendon became the Gettysburg field on which the adherents of New York and the Green Mountain Boys struggled, not only for their homes and friends, but for the do- minion of Vermont; for had the Yorkers succeeded here, they would have gained a position "that might enable them to over- throw all the other New Hampshire char- ters."* And Vermont would have henceforth been a province of New York, and all its glorious history as a separate State would never have been written.
Aware of the importance of the crisis, thie Green Mountain Boys determined that none of the New York officers should exercise authority over the disputed territory ; and that the Durhamites should be compelled by force, if milder measures should fail, to sepa- rate their interests from that of their New York City associates, and acknowledge the validity of New Hampshire title, by pur- chasing and holding under it .*
Accordingly, a hundred Green Mountain Boys, led by Ethan Allen, marched to Dur- ham early in the autumn of 1773. Spencer fled on their approach and was not to be found. Allen invited the Durhamites to re- pent of their New York attachments, and ac- knowledge the validity of the New Hamp- shire title, and threatened violence if they did not comply within a specified time. Hop- ing they would comply with his request, Allen and his party retired without doing any violence to the Durhamites.
But the Justices continued to issue writs against the New Hampshire men, and the Durhamites, led on by Marsh and Spencer, loudly advocated the New York title,f and Allen and his party soon after made them a second visit of which Gov. Hall gives the fol- lowing account in his " Early History of Ver- mont" :
"In order to be sure of capturing Spencer, a party of some twenty or thirty nien un- der the lead of Ethan Allen and Remember Baker went to his house about 11 o'clock on Saturday night, the 20th of November and took him into custody. He was carried about two miles, to the house of one Green. and there kept under guard of four men un- til Monday morning when he was taken to the house of Joseph Smith, of Durham, inn- keeper."
* Hall's Early History.
t Hall, Dupuy.
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Being informed that he was to be put on trial for his offence against the New Hamp- shire men, he was asked where he would choose to be tried ; to which he replied that he was not guilty of any crime, but that if he must be tried he would prefer that the place should be at his own door. This favor was readily conceded to him. By this time the number of the Green Mountain Boys had increased to about 130, all armed with guns and cutlasses, etc. The people of Clarendon, (alias Durham) with many from Social- borough, having notice of what was going on were also assembled to witness the proceed- ing. Before commencing the trial, Allen ad- dressed the multitude at some length, inform ing them that " the proprietors of the New Hampshire Grants had appointed himself, Seth Warner, Remember Baker and Robert Cockran to inspect and set things in order, and see that there should be no intruders on the grants," declaring among other things that " Durham had become a hornets' nest," which must be broken up. After concluding his harangue, the rioters proceeded to erect what they styled "a judgment seat," upon which Ethan Allen, Remember Baker, Sethi Warner and Robert Cochran took their places as judges. Spencer was then ordered to stand before them, to take off his hat and lis- ten to the accusations against him. Allen then charged him with cud lling with the land jobbers of New York to prevent the claim- ants of the New Hampshire rights from hold- ing the lands they claimed, and with issuing a warrant as a justice of the peace contrary to their orders; and Remember charged him with accepting a commission as magistrate in the colony of New York, and having acted as magistrate in pursuance thereof, contrary to their orders, and of having represented their bad conduct in a letter by himn wrote and sent to New York, and of having con- veyed a piece of land by title derived under a grant obtained in the colony of New York, and with endeavoring to induce and inveigle the people to be subject to the laws and gov- ernment of the colony of New York.
Of all the offences his judges found him guilty, and declaring his house to be a nui- sance, passed sentence that it should be burned to the ground, and that he should promise he would not for the future act as a justice of the peace under New York. But upon Spencer's representation that his wife
and children would be great sufferers, his store of dry goods and all his property would be destroyed if his house was burned. the sentence was reconsidered and upon the suggestion of Warner, it was decided the house should not be wholly destroyed, but only the roof should be taken off, and might be put on again provided Spencer should say that it was put on again under the New Hampshire title and should purchase a right under the charter of that province. Spencer having promised compliance with these terms, the Green Mountain Boys proceeded to take off the roof " with great shouting and much noise and tumult." Spencer on his further promise not to act again as a magistrate, was discharged from custody. A company of 20 or 30 of the " mob party " went to the house of coroner Jenny and finding him missing and his house deserted, set it on fire and burned it to the ground. Most or all of the other inhabitants of Clarendon who held un- der the New York patent, being visited and threat med, agreed to purchase the New Hampshire title.
Jacob Marsh, on his return home from New York City, when passing Arlington, was met by Warner and Baker and others return- ing home from Durham, who arrested bim and tried him for his offences against the Green Mountain Boys. He was accused and convicted of having purchased land under the New York title, and of discouraging settlers under the New Hampshire title. Of having accepted a commission and acted as a justice of the peace under the authority of New York. Baker accused him of threatening to proceed against him as a magistrate, for blas- phemy, for damning the government and laws of New York, after he had ordered Marsh not to act as a magistrate. And Baker in- si-ted that he be sentenced to receive the " beach seal." But the sentence of the judges, as read to him by Warner, "was to the effect that he encourage the settlement of lands under the New Hampshire charters and discourage those under New York, and that he should not act as justice of the peace un- der a New York commission 'upon pain of having his house burned and reduced to ashes and his person punished at their pleasure.''
His judges then gave him the following certificate and dismissed him :
" Arlington, Novr. 25th, A. D. 1773. These may Sertify that Jacob Marsh haith
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ben Examined, and had on fare trial so that our mob shall not medeal farther with him as long as he behaves."
Sartified by us his judges to wit SAM'L TUBS, NATHANIEL SPENCER, PHILIP PERRY."
Teste
Ct. SETH WARNER.
On his return to his home in Clarendon, he found the roof of his house had been tak- en off and other damage done his property in his absence, by a party of 40 or 50 armed men under the lead of John Smith, Peleg Sunderland and Silvanus Brown.
About the same time Charles Button, the New York constable, who resided in the south part of Clarendon, on the farm now owned by N. J. Smith, Esq., " was arrested in Pittsford and a prisoner he had in charge for debt was taken from his custody. But- ton was put on trial for acting in the office under the New York authority, threatened with the ' beech-seal,' and compelled to give the party six shillings for his damages, and to * "promise he would never exe. ute any precept under the province of New York." He was then furnished with the following certificate and dismissed :
"These are to certify to all the Green Mountain Boys, that Charles Button has had his trial at Stephen Meads and this is his dis- charge from us.
PELEG SUNDERLAND, BENJAMIN COOLEY."
Charles Button afterwards acted with the Green Mountain Boys. And his descendents some of whom now live on or near his old place in Clarendon, have honorably filled some of the highest offices in the town and county.
While it was deemed absolutely necessary for the general security of the New Hamp- shire claimants that the Durhamites should be compelled to purchase their lands under that title. Allen and his friends were determined that they should not be compelled to pay un- reasonable prices for them, and soon after his return from his expedition against the Durhamites, he addressed them the following letter, which was afterwards transmitted to the Governor of New York, and laid before his council.
" To Mr. Benjamin Spencer, and Amos Marsh and the people of Clarendon in general:
GENTLEMEN :- On my return from what you call the mob, I was concerned for your wel-
fare, fearing that the force of our arms would urge you to purchase the New Hampshire title at an unreasonable rate, though at tie same time. I know not but that after the force is withdrawn, you will want a third army. However, on proviso, you incline to purchase the title aforesaid it is my opinion that you in justice ought to have it at a red- sonable rate, as new lands were valued at the time y u purchased thein This with sundry other arguments in your behalf I laid before Capt. Jehiel Hawley and other re- spectable gentlemen of that place (Arlington.) and by their advice and concurrence I write this friendly epistle, into which they sub- scribe their names with me that we are dis- posed to assist you in purchasing reasonably as aforesaid; and on condition Col. Willard or any other person demand an exhorbitin: price for your lands, we scorn it, and will assist you in mobbing such avaricious per- sons, for we mean to use force against oppres- sion, and that only, be it in New York, Willard or any other person, it is injurious to the rights of the district.
From yours to serve,
ETHAN ALLEN, GIDEON HAWLEY,
JEHIEL HAWLEY, REUBEN HAWLEY,
DANIEL CASTLE, ABEL HAWLEY.
Furthermore, we are of opinion this letter, communicates the general sense of our grants.
After a few days, he again wrote to the inhabitants of Clarendon as follows:
"An Epistle to the inhabitants of Clarendon.
From Mr. Francis Madison of your town. I understand Oliver Colvin of your town has acted the infamous part, by locating part of the farm of said Madison. This sort of trick I was partly apprised of when I wrote the late letter to Messrs. Spencer and Marsh. I abhor to put a staff into the hands of Colvin, or any other rascal to defraud your settlers. The New Hampshire title must, nay shall be had for such settlers as are in quest of it, a: a reasonable rate nor shall any villian by 3 sudden purchase impose on the old settlers.
I advise said Colvin to be flogged for the abuse aforesaid unless he immediately retrac:s and reforms, and if there be any further did- culties among you I advise that yon emviny Capt. Warner as an arb. trator in your affairs. I am certain he will do all parties justice. Such candor you need in your present situa- tion for I assure you it is not the design of our mobs to betray yon into the hands of villais- ous purchases. None but blockheads would purchase your farms and must be treated as such. If this letter does not settle this dis- pate you had better hire Capt. Warner to come singly and assist you in the settlement of your affairs. My business is such that I cannot attend to your mitters in person bat desire you would inform me by writley os otherwise relative thereto, Capt Baker joins with the foregoing and does me the honor to subscribe his name with me.
We are gentlemen your friends to serve, ETHAN ALLEN. REMEMBER BAKER."
...
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Hall
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In consequence of the violent proceedings of the Green Mountain Boys in Durham, the subject having been brought before the New York assembly by petition of Benjamin Hugh, of Socialborough, a reward of £ 100 each was offered for the apprehension of Ethen Allen and Remember Baker, and £50 each for the apprehension of either Seth Warner, Robert Cochran, Peleg Sunderland, John Smith, James Breakenridge or Silvanus Brown. And the " despotic and infamous" New York law of March, 1774, was passed. A law which adjudged and deemed the Green Mountain Boys to be convicted and attainted of felony and to suffer death without trial and without benefit of clergy in case they did not deliver themselves up to the New York authorities within seventy days after the or- der to do so had been published in certain newspapers.
To this law which "terminated every prospect of peace," Allen and his associates returned a bold and defiant answer assuring any person disposed to arrest them " that al- though they have a license by the law aforesail country; and our inhabitants are ordered to give him, the said Huff, a free and unmolest- ed passport toward the city of New York. or to the Westward of our Grants, he behaving himself as becometh.
to kill us ; and an 'indemnification ' for such murder from the same authority ; yet they have no indemnification for so doing from the Green Mountain Boys."
None of the Yorkers in Clarendon seem to have made any further resistance to the Green Mountain Boys, except Benjamin Hough, who returning from New York, where he had spent the winter advocating the passage of the odious law of March 9th, to his house in the North part of the town, brought with him a commission as a New York justice of the peace, dated three days after the passage of the obnoxious law. He attempted to act as a magistrate under the authority of New York and loudly denounced the rioters. He was active and troublesome, and although repeatedly warned and threatened if he did not desist, proceeded in his course until the Green Mountain Boys became so indignant that they determined to silence and make an example of him. On the night of the 26th Dec. 1774, he was arrested by a party of his neighbors, carried in a sleigh to the house of Col. John Spafford in Tinmouth and from there to Sunderland where he was kept under guard until the Monday, Jan. 30, 1775, when he was tried for his offences by the assembled Green Mountain Boys, Ethan Allen, Seth Warner, Robert Cochran, Peleg Sunderland,
James Mead, Gideon Warren, Jesse Sawyer, acting as judges, found guilty, and sentenced " to be tied 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 till his majesty's pleasure should be known in the premises on pain of receiving five hun- dred lashes" * after the sentence was read to him by Ethan Allen, he was tied to an apple tree in front of Allen's house an I the sentence put in execution with unsparing severity. On Hough's request, Allen in defiant contempt " of the Government of New York, furnished him the following certificate, observing as he handed it to Hough, that taken in connec- tion with the receipt on his back, it would no doubt be admitted as legal evidence in the courts of New York, although the king's warrant, Gov. Wentworth's sign manual and the great seal of New Hampshire were not.
" SUNDERLAND, January 30, 1775.
This may certify the inhabitants of the New Hampshire Grants that Benjamin Hough hath this day received a full punish- ment for his crimes committed against this
Given under our hands the day and date aforesaid. ETHAN ALLEN, SETH WARNER."
The next day Hough repaired to New York, where he gave, under oath, before the chief justice, a full account of his trial and punishment; and petitioned the council for protection against the rioters. The council being unable to protect him, and he being destitute of the means of support, they gave him a license to beg in the streets of New York. And the New York assembly unani- mously voted an additional reward of $50 each for
" apprehending and confining in jail Ethan Allen, Seth Warner, Robert Cochran and Peleg Sunderland, and £ 50 for apprehend- ing and securing James Mead. Gideon War- ren and Jes-e Sawyer, or either of them. so that they can be brought to justice for assist- ing the first four mentioned persons in com- mitting sundry violent outrages on the per- son of one of his Majesty's justices of the peace for the county of Charlotte.'
This was the dying effort of the colonial government of New York against the New Hampshire grants.f The American Revolu- tion, soon after, overshadowed all other
* Dupuy, Thompson
t Thompson.
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questions. The New Hampshire claimants in Clarendon were generally Whigs, while the Yorkers, with few exceptions, were Tories, most of them taking protection pa- pers from Burgoyne, and some actively tak. ing part with the enemy. Thomas Brayton was the delegate from Clarendon to the Dor- set convention of July 24, 1776, and the only one of that body of 50 members who refused to subscribe an association, pledging their lives and fortunes in support of the American cause. He afterwards became an active tory. Clarendon was not represent- ed in the Dorset convention of Sept. 25, and as the majority of the inhabitants were tories, " the friends of liberty" were directed to choose a committee of safety and conduct their affairs as in other towns."
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