USA > Vermont > Rutland County > The history of Rutland county, Vermont; civil, ecclesiastical, biographical and military, pt 1 > Part 34
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The annual town meeting, 1770, was held at the house of Timothy Bull, moderator ; Crispin Bull and Seth Cook elected highway surveyors. The proprietors male a 3d divi- sion of land this year, by their committee, Jesse Irislı, Micali Vail and Thomas Rowley. of 50 acres to each right. This division was made by pitches, and the lots laid out a ljoin- ing in regular form. The proprietors then
drew lots for the day when each should make his pitch, which took place Oct. 3d.
The town meetings continued to be held at the house of Timothy Bull until 1773, when they were held at the house of Mr. William- son Ball. We have no means of knowing what the population of the town was at that time, as there was no regular census made until 1791. But it is very evident that not- withstanding all the hinderances, the town was being settled with great rapidity. The troubles with New York were now at their height, and the people here as well as else- where on the " grants," vied with each other in resisting the unjust measures which were being imposed. The settlers were banded together, and under the leadership of Ethan Allen promptly met every attempt on the part of the colony of New York to extend her rule over thein, and to gain a foothold on their soil.
The annual meeting 1773, was held at the house of Williamson Bull-Micah Vail, moderator. Town meetings were afterwards held at the house of Micah Vail. That part of the town, at that time being most thickly settled. Roads were increasing, so that in 1773, it required three surveyors, Stephen Calkins, Ephraim Seley an I Phillip Griffith. The surveyors in 1772, were Joseph Sprague, Abel Haskins and Micah Bull.
Calkins was surveyor on the worth roads from Tinmouth, Seley on roals in the south part of the town, and Griffith on the roals upon the east side. Hogs were not allowed to run without being yokel. Joseph Soule was elected town clerk in 1773, in place of Thomas Rowley, who had been town clerk, since the town was organized. Ephraim Seley and Micah Vail were appointed a com - mittee to receive the town's books and de- liver them to the new clerk.
The annual meeting 1774, was held at the house of Micah Vail, moderator. There were three assessors chosen this year, for the first time ; William Gage, Ephraim Seley and William Bromley
Ephraim Mallory was moderator of the an- nual meeting 1773, and four highway survey- ors were elected, viz. Abraham Chase, Wil- liam Gage, Stephen Rogers and Clark Ar- nold; assessors, William Bromley, William Gag, and Stephen Calkins.
The people of the different towns were holding meetings and conventions, in refer-
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ence 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 atten i a general meeting of del- egates from the different towns, to be held at the house of Mr. Martin Powell in Manches- ter, Jan. 31st. Joseph Soule was modertor of this meeting, and Micah Vail, Ephraim Seley and Joseph Soule appointed delegates.
The difficulty with New York involved their dearest rights, and raised their indigna- tion to the highest pitch, and was just on the point of breaking out into open hostility when the news of the battle of Lexington reached the settlers. It found them in readi- ness at a minute's warning, to defend their homes. The settlers of the town were united, as they had hitherto been, against their com- mon enemy.
The proprietors held a meeting in April, 1776, at the house of William Bromley, Ephraim Seley, moderator, and voted a 4th division of 50 acres to each right, by " pitch- es," the same as in the 3.1: committee to lay out the land, William Bromley, Wing Rog- ers, Ephraim Seley, John Wood and William Gage, and to commence the 1st of May fol- lowing; William Bromley appointed propri- etor's clerk.
At the annual meeting, 1776, Mr. William Bromley was elected town clerk, and a com- mittee of five to grant warrants to surveyors, and see if the roads were properly worked. The warrants empowered surveyors to dis- train the goods and chattels of all delin- quents and dispose of thein by public auc- tion, and appropriate the proceeds for the use of highways. The three assessors for that year were Joseph Sprague, Seth Cook and Abraham Chase.
May 4, 1776, a meeting at the house of Micah Vail, to appoint a committee of safety. David Irish, moderator; Micah Vail, Wil- liam Gage and David Irish, appointed a com- mittee of safety for the town, during the then present Continental Congress; a com- mittee of five also appointed, to take charge of the public rights as granted by the char- ter, viz. Joseph Soule, Joseph Sprague, Philip Griffith, Micah Vail and Abraham Chase. A roal was laid out that year from Ephraim Seley's to Moses Vail's and the Otter Creek road, making some 10 or 12 roads in town at that time; all laid 4 rods wide.
In the convention which met at the house of Cephas Kent, in Dorset, Sept. 25, 1775, Danby was represented by Micah Vail and William Gage.
The following is a copy of a paper, nor in my hands, which was presented to Capt Micah Vail, in 1774, by Ethan Allen.
"REMARKS, &C., ON SOME LATE LAWS PASSED IN NEW YORK.
His excellency Governor Tryon, in con- formity to the addresses of the General Assembly of the Colony of New York, Har- ing on the 9th day of Mar., 1774, with the Advice of his Council, issued his Proclama- tion, offering therein large Sums of Money for the purpose of apprehending and in-ris- oning the following Persons, viz: E:han Allen, Seth Warner, Remember Baker. Rob- ert Cochran, Peleg Sunderland, Silvanze Brown, James Breakenridge, an I John Smith.
And whereas his Excellency the Governor, by the same Proclamation, hath strictly en- joined and commanded all Magistrates, Jos- tices of the Peace, Sheriffs, and other civil Officers of the Counties of Albany and C .. ir- lotte, to be active and vigilant in apre- hending and imprisoning the Persons abore named, and we the aforesaid Persons, whose Names are hereunto affixt, being conssio :3 that our Cause is good and equitable, in che Sight of God, and all unprejudice l and boz- est Men, are determined at all Events. to maintain and defend the same, 'till his Mai- esty's Pleasure shall be known, concerning the Validity of the New Hampshire 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 to the Government of New York, was self- preservation, viz. Firstly, the Preservation and maintaining of our property: And secondly, Since that Government is so in- censed 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 property of the New Hempshire Settlers are manifestly struck at; but that the Publick may rightly under- stand the Essence of the Controversy; we now proclaim to those Lawgivers, and to the World, that if the New York Patentces will remove their Patents that have been subse- quently lapped and laid on the New Ham- shire Charters, and quiet us in our Posses- sions, agreeable to his Majesty's Directions, and suspend those criminal Prosecutions against us, for being Rioters (as we are un- justly denominated) then will our Settlers ba orderly and submissive Subjects to Gores :- ment: but be it known to that despotis Fraternity of Law-Makers, and Law- Break- ers, that we will not be fool'l or frightenel out of our property ; they have broke over his Majesty's express Prohibitions, in patent- Jing those Lands, and when they act in Con-
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formity 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 Govern- ments, (that have animadverted on the Con- troversy) that their pretended Zeal for good order and Government, is falicious, 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 corroberate with, and bring about their vile and mercinary purposes.
And in as much as the Malignity of their Disposition towards us, hath flamed to an immeasurable and murtherous Degree, they have in their new-fangled Laws, calculated for the Meridian or the New-Hampshire Grants, passed the 9th of March, 1774, so calculated them, as to correspond with the Depravedness of their Minds and Morals, in thein Laws they have exhibited their genuine Pictures. The Emblems of their insatiable avaricious, overbearing, inhuman, barbarous, and blood-guiltiness of Disposition and In- tentions is therein portraited in that trans- parent Image of themselves, which cannot fail to be a Blot, and an infamous Reproach to them and their Posterity .- We cannot suppose that every of his Majesty's Council, or that all the Members of the General As- sembly were concerned and active in passing 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 false Representations, and acted under mistaken Views of doing Honor to Government; but be this as it will, it appears that there was a Majority. And it has been too much the Case with that Government, for a Number of designing Schemera 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 De- ceptions of one Sort or other, they have ex- tended their Domain far and wide; they have rangled with, and encroached on all their neighboring Governments ; they have used all Manner of Deceit and Fraud to accomplish their Designs: their Tenants groan under their Usery and Oppression ; and they have gained, as well as merited, the Disapprobation and Abhorrence of their neighbors; 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 Neighbors in the several Governments, will join with us, to cut off, and extirpate such an execrable Race from the Face of the Earth.
Characters ; But so much and a little more may suffice for the Present. To quote :) Laws, and make Remarks thereon, would be Matter sufficient for a Volume: However, we will make a few short Remarks thereoa.
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 Albany and Charlottes, viz. such Parts thereof as are covered with New-Hampshire Charters, and it is well known those Grants compose but a mince Part of the Inhabitants of the said Province; and we have no representative in this As- sembly. The first Knowledge we bal of said Laws was the Completion of them, which informed us, that if we assemblei, three or more of us together to oppose that which they call legal Authority, we shall be a ljudged 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 pass, en favored to exerci-e such a Course of that which they call Law, that they had not been opposed by the people of these Grants, callel a MOB) in the executing the same. they would before this Time have been in Posses- sion of that Territory, for which the Laws aforesaid are calculated : Therefore the Case stands thus; if we oppose civil Officers in taking Possession of our Farms, we are 67 these Laws denominated Felons, or if wy de- fend and ail our Neighbours, who have been indicted Rioters only for defending our ?: )- perty, we are adjudged Felons for that also. In fine, every Opposition to their monarcaial Government is deemed Felony, and at the End of every such Sentance there is the Word Death: And the same Laws further impower the respective Judges, providel any Persons to the Number of three or more. : . 10 shall oppose any Magistrate or civil Ofter, and are not taken, that after a legal Warz- ing of Seventy Days, if they do not come and yield themselves up to certain officers appointed for the Purpose of securing thets ; then it shall be lawful for the Judges afore- said. to award Execution of Death; the same as though he or they had been convietei or attained before a proper Court of Juficatore, &c. The candid reader will doubtless ob- serve, that the diabolical Design of this Liv is, to obtain possession of the New Hamo. shire Grants, or to make the people that de- fend them outlaws, and so kill them where- ecer they can catch them.
Those bloody Lawgivers know we are necessitated to oppose their execution of Laws where it points directly at Pronesty, or give up our property; but there is one Thing which is a Matter of consolation to us, viz. that printed Sentences of Death w.il not kill us, when we are at a Distance: ani if the Executioners approach us, ter wiil be as likely to fall vietims to death as we: And that person or Country of Persons are
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 | Cowards indeed, if they canot as mis ...?
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fight for their Liberty, Property & Life, as Villans can to deprive them thereof. The New-York Schemers acense us of many Things, part of which are true, and part are not; with respect to rescuing Prisoners for Debt, it is false: As to assuming Judicial Powers, we have not, except a well regulated Combination of the People, to defend their just rights, may be called so. As to forming ourselves into Military Order, and assuming Military Commands, the New-York Posseys and Military Preparations, Oppressions, &c., obliged us to do it: Probably Mes-'rs. Duane, Kemp and Banjor, of New York. will not discommend us for so expedient a preparation ; more especially, since the de- crees of the 9th of March, are yet to be put in Execution : 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. Tenbroack, and in fine, all the Land-Jobers of New - York, an invitation to come and view the dexterity of our regi ment ; and we cannot think of a better Time for that purpose than when the executioners come to kill some or all of us, by Virtue of the Authority their judges have lately re- ceived, to award and sentence us to Death in our absence. There is still one more no- table Complaint against us, viz. that we have insulted and menaced several Majis- trates, and other civil Officers so that they dare not execute their respective Functions : this is true so far as it relates to the Majes- trates: but the Public should be informed what the Functions of those Majestrates are ; they are commissioned for the sole Purpose of doing ns all the harm and mischief they po-sibly can, thro' their administration and Influence ; and that they might be subser- vient to the wicked designs of the New York Schemers, these are their Functions; and the Public need no farther Proof than the con- sideration that they are the Tools of those extravagant Law-Makers; and it must be owned. they acted with great . udgement, in choosing the most infernal Instruments for their purpose.
Draco, the Athenian Law-giver, caused a Number of Laws ( in many Respects analagous to those we have been speaking of) to be written in blood; But our modern Dracos determine to Have theirs verified in blood : They well know we shall more than three, nay more than three times three Thousand assemble together, if Need be, to maintam our common Cause, till his Majesty deter- mines 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.
shire Grants. Gentlemen, Friends, and Neighbors, Providence having allotted and fixed the bounds of our Habitations in the same Vicinity, which together with the free intercourse of Trade and Commerce, 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- trious 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 col- lection of their Dues; But as the Magistrates, Sheriffs, Under-Sheriffs, Coroners and Con- stables of the respective Counties 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 de- pendent, and for the Wages of unrighteous- ness offered by Proclamations) to presume to apprehend some of us, or our Friends; We therefore advertise such Officers, and all per- sons whatsoever, that we are resolved to inflict immediate Death on whomsoever may attempt the same; and provided, any of us or our Party be taken, and we have not No- tice sufficient to relieve them, or whether we relieve them or not, we are resolved to sur- round 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 accessary, aiding or assisting in taking any of us aforesaid ; for by these presents we give any such disposed Person or Persons to understand that, although they have a Licence by the Law aforesaid, to kill us; & an " Indemnifcation for such Mur- ther from the same authority; yet they have no Indemnification for so doing, from the GREEN-MOUNTAIN BOYS; for our Lives, Liberties and Properties, are as verily pre- cious to us, as to any of the King's Subjects; and we are as loyal to his Majesty or h s Government, as any subjects in the Province: But if the Governmental Authority of New- York, will judge in 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 marshall spirits glow with bitter Indignation, and consumate Fury to blast their Infernal Projections.
And lastly we address ourselves to the People of the Counties of Albany and Char- It may be, the reader, not having seen the Laws referred to in this Piece, and not being lotte, which inhabit to the Westward of, and are situated contiguous to the New-Hamp- thoroughly acquainted with the long and
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spirited Conflict that hath subsisted between the Claimants under New-Hampshire and New- York, nor of the progressive, arbitrary and monopolizing Disposition of the Court- l'arty of the latter of these Provinces; may le apt to imagine that the Spirit of this Writing is too severe, inasmuch as it destines whoever presumes 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 Death already pronounced against us, on proviso more than three of us assemble together to maintain and defend our property till his Majesty de- termine the Controversy. And 2. May it be considered 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 Realm of Great Brittain, but are the arbitrary League and combination of our bitter and merciles enemies, who to obtain our Property, have inhumanly, barbarously and maliciously, under the specious and hypocritical Pretence of legal Authority, and Veneration for order and Government, have laid a Snare for our lives. Can the Public censure us for exert- ing ourselves nervously to preserve our Lives in so critical a Situation ; for by the Laws of the Province into wich we are unfortunat- ly fallen, we cannot be protected in either Property or Life, except we give up the first to preserve the latter; so we are resolved to maintain both, or to hazard or loose both.
From hence follows a necessary Inference, that inasmuch as our Property, nay, our Lives, cannot be protected, (but manifestly 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 roval Authority, and sub- ject the Authority aforesaid to their Duty, or reannex the District of disputed Lands to the Province of New Hampshire, or some Way in his great Wisdom and Fatherly Clemency, put the distressed Settlers under New-Hampshire, on an equal Footing with our Brother Subjects in his Realm, we are under a Necessity of resisting unto Blood, every Person who may attempt to take us as Fellons or Rioters as aforesaid ; for in this case it is not resisting Law, but only oppos- ing Force by Force; therefore inasmuch as by the Oppressions aforesaid, the New- Hampshire Settlers are reduced to the disa- greeable State of Anarchy, in which State we hope for Wisdom, patience and Fortitude, till the happy Hour his Majesty shall gra- ciously be pleased to restore us to the privi- leges of Englishmen.
Dated at Ben- nington, April 15th, 1774.
signed pr ETHAN ALLEN, SETH WARNER, REMEMBER BAKER, ROBERT COCHBAS,
PELEG SUNDERLAND. JOHN SMITH, SILVANUS BROWN.
N. B. Whereas Mr. James Breakenridge hath the Honor to be enroled 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 always relied on a good Providence and the legal Authority of Great Britain, for the Confirmation of the New-Hampshire Char- ters: Exclusive of any other Measures what- souver.' "
The following verse attached to the above was composed by Thomas Rowley.
When Cæsar reigned King at Rome ; Saint Paul was sent to hear his Doom ; But 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 man to awful Fate, And hangs and damns withont a Tryal ; Which made me view all Nature through,
To find a Law where men were try'd By legal. Act, which doth exact Men's Lives before they are try'd.
Then down I took the Sacred Book,
And turn'd the Pages o'er, But could not finn one of this Kind, By God or Man before. T. R.
Upon the back of the above paper, is a letter, addressed to Capt. Vail, and written by Ethan Allen himself, which reads as foll :ws :
"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 Satisfac. tion as I Should hope You would be animat- el to form the Inhabitants of your Town Into Military Order, and Assume Your for- mer Command and Assist us in Humbling the Haughty Land-Jobbers at N. York. If such an Event should Take place in your Town it would be Greatfully acknowledged by the Green Mountain Boys & Particularly by Your Friend and
humble Servant, ETHAN ALLEN."
The foregoing paper was preserved by Ca- leb Parris, and now belongs to his son, John S. Parris, Esq.
The town meeting of 1777 was held at the house of Micah Vail; Thomas Rowley, mod- erator; Luther Colvin, Stephen Calkins and Abraham Chase, appointed assessors. The town was divided into 6 highway districts ; Asa Haskins, Joseph Day, Wing Rogers, Crispin Bull, Jonathan Irish and Luther Col- vin, appointed the surveyors; Wing Rogers, hayward or " hog constable," the first who ever occupied that office in this town. The office of fence-viewer was also created that year, and William Gage and John Wood elected to that office ; a pound, also establish-
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ed for the first time, situated on the road between Aaron Bull's and Micah Vail's- Edward Vail chosen pound-keeper. The committee of safety for this year were Wil- liam Gage, Thomas Rowley and Micah Vail.
A town meeting was also called the 23d of June, to appoint two delegates to attend the general convention to be held at Windsor, on the 2d day of July following, for the pur- pose of framing a constitution for the New State. Col. Thomas Chittenden and Capt. William Gage were chosen to represent the town of Danby in that convention.
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