USA > Vermont > The history of Vermont, from its earliest settlement to the present time > Part 2
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HISTORY OF VERMONT. [1760.
called Fort Dummer, and was supposed to be within the jurisdiction of Massachusetts. The French, in 1731, made a settlement on Lake Champlain, within the limits of the present town of Addison. They also established on the opposite or New York shore, a fortress which they called St. Frederick, but which was after- ward known as Crown Point. In 1759, Crown Point and the settlements on the Vermont side were abandoned by the French, who retreated to Canada before the victorious arms of Lord Amherst. No European settlements now re- mained in Vermont, except a few in the south- east corner, which had been undertaken under the protection of New Hampshire. The land still remained in its primeval wilderness. But a military road from Charlestown, in New Hamp- shire, to Crown Point, crossing the territory of the present State of Vermont, had apprized the public of the character and value of the land; and when the French war was ended, in 1760, there were abundance of applicants for tracts. Ver- mont, so long closed to emigrants, now became a land of promise, and population flowed toward it with what was then considered great rapidity. The spirit of the hostile Indians had been sub- dued by several exemplary inflictions, the ferocity of which can only be excused by the exasperation which the borderers felt against a ruthless foe, with whom no argument except force seemed to avail.
25
BOUNDARY LINE. -
1760.]
CHAPTER II.
Boundary line between Massachusetts and New Hampshire established-New Hampshire required to support Fort Dum- mer-Township grants by the governor of New Hampshire -Bennington founded-Claims of New York-Number of grants issued-Fees for the same-Controversy with New York-Duke of York's patent-Its vagueness-Cadwallader Colden of New York-His proclamation-Counter-procla- mation from New Hampshire-Eastern boundary of New York defined by England-Jurisdiction asserted over Ver- mont-The grants from New Hampshire declared null and void-Resistance by the people-Their appeal to the British ministry-Royal orders to New York-Writs of ejectment obtained-Inability to execute them-Land speculators- Hatred of them in Vermont-Ethan Allen-His character -The Green Mountain Boys.
THE impediments to the success of the infant state did not cease with the close of Indian hostilities. In the year 1740, to put a period to the controversy between Massachusetts and New Hampshire respecting the boundary be- tween them, the British government established a line parallel with the Merrimack River, at three miles distance, from the Atlantic to Paw- tucket Falls, and thence due west to the bound- ary of New York. This line, while it settled the controversy between Massachusetts and New Hampshire, opened another dispute, which lasted for a quarter of a century. Fort Dum-
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HISTORY OF VERMONT. [1760.
mer, and the few settlements west of the Con- necticut were found by this line not to be in Massachusetts. The King of Great Britain re- peatedly called upon the New Hampshire legis- lature to make provision for the support of Fort Dummer. The presumption grew up that the jurisdiction of New Hampshire extended west as far as that of Massachusetts ; that is to say, to a line twenty miles east from Hudson River.
In 1749, Benning Wentworth, Governor of New Hampshire, made a grant of a township six miles square, situated, as he conceived, on the western borders of New Hampshire, being twenty miles east of the Hudson River, and six miles north of the Massachusetts line. This township he called Bennington. He granted also fifteen other townships; but the breaking out of hostilities between England and France put a stop to applications. A correspondence had meanwhile arisen between the governors of New Hampshire and New York, in which the latter, under an old grant from Charles II. to the Duke of York, claimed all the land west of the Connecticut River. As, however, this grant would have covered the lands in Massachusetts and Connecticut west of the river, and no claim had been established against those provinces, the governor of New Hampshire paid no heed to the pretensions of New York.
After the close of the French war, in 1760,
27
DUKE OF YORK'S CHARTER.
1760.]
the governor of New Hampshire resumed the granting of townships, and in the course of two or three years issued grants to the number of one hundred and ninety-eight. The fees on each were about one hundred dollars. In each township he reserved five hundred acres for him- self, and in this mode he accumulated a large fortune. These perquisites were emoluments which New York was determined not tamely to relinquish, and a war of proclamations forthwith commenced. Although for convenience we have used the name Vermont, and shall continue to do so, the name was not as yet applied to the territory. The people styled themselves the in- habitants of the "New Hampshire Grants."
Whatever might be said of the claims of New Hampshire to jurisdiction, that of New York was vague and indefensible. In the first place, the grant to the Duke of York was very indefi- nite, as were most of the parcellings out of this continent by European powers. It gave the Duke of York "all the lands from the west side of the Connecticut River to the east side of the Delaware Bay," a boundary, the vagueness of which we need not enlarge upon. But what- ever title it might have conferred upon the Duke of York was merged in the crown upon James's accession, and descended to William upon James's abdication ; so that the authority of the royal governor of New Hampshire was quite as
28
HISTORY OF VERMONT.
[1763.
good under this very grant as that of New York. It established no colony and authorized no go- vernment ; and the Massachusetts and Connecti- cut charters were given without regard to the previous royal disposal of " all the lands" west of the Connecticut.
- Nevertheless the perquisites which accrued from land grants could not be willingly given up by New York ; and in 1763, Cadwallader Colden, acting governor of that province, issued his - proclamation reciting the obsolete grant to the Duke of York, and claiming jurisdiction as far as the Connecticut River. He also commanded the sheriff of Albany to make returns of the names of all persons who had taken up lands under grants from New Hampshire. In reply, the governor of New Hampshire issued his pro- clamation, denying the validity of the old grant under which New York claimed, and as- serting the western limits of New Hampshire to be a continuation northerly of the west- ern line of Connecticut and Massachusetts. He told the settlers that their claims to their lands under the New Hampshire grants would be unaffected, even though they should come under the jurisdiction of New York. He ex- horted the people to be industrious and dili- gent, and to proceed without intimidation to cultivate their territory ; and he commanded the civil officers to exercise jurisdiction as far as
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29
1764.] DECREE OF THE CROWN.
the grants extended. The ground taken by the governor of New Hampshire in this proclama- tion, in regard to land titles, was not only plausible but equitable. It could not be supposed that a dispute about jurisdiction between two royal governors could vitiate the grants which either had made, as a representative of the crown. The minds of the people were quieted, and no fears for the future were entertained.
The New York authorities, convinced perhaps of the untenable nature of their claims, or wil- ling to put them on a clearer basis, even while they were defending the obsolete grant to the Duke of York, were operating in England to obtain a less questionable title. They procured in 1764 a decision by the British crown that the Con- necticut River, from the Massachusetts line to the forty-fifth degree of north latitude, should be the eastern boundary of New York. The ap- plication for this decree based the request on the " convenience and advantage of the people ;" and it was more than suspected that it was sup- ported by a fraudulent use of the names of the settlers, who were those most interested.
The decree, or the mode in which it was ob- tained, was not at first subjected to any rigid ex- amination, or made the subject of any complaint. The people were rather pleased than otherwise that the troublesome question of jurisdiction was determined ; and imagined that their titles 3*
30
HISTORY OF VERMONT.
[1764.
would be confirmed by it, rather than impaired. They supposed the decree would have an en- tirely prospective action; and were alarmed and astonished when the New York authorities gave it a retrospective interpretation, and claimed that it vitiated the grants from New Hampshire. The government of New York proceeded under this interpretation to declare the titles given by New Hampshire null and void, and to require the settlers to take out new grants from New York, and to surrender their New Hampshire charters. Aside from the injustice in principle of this demand, it was accompa- nied with onerous pecuniary conditions ; for, whereas, the modest province of New Hamp- shire had been content with fees amounting to only one hundred dollars on each township, New York claimed from two thousand to twenty-six hundred. The New Hampshire grants were divid- ed into four new counties, and courts were held in them under the new jurisdiction. Some few of the towns complied with the hard terms, and bought their lands over again. But the greater number of townships refused to submit to what they justly deemed a gross and cruel imposition. Where the people refused to submit, fresh grants were made of their lands, and suits were com- menced in the names of the new grantees, for the ejectment of the original holders. There was no difficulty in obtaining judgments against the
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31
ROYAL ORDERS.
1767.]
settlers, but there was no possibility of enforcing them. The people banded together for mutual support; and the officers met with such rough treatment that few dared, at length, to present themselves for the performance of a duty so odious. The people were left without redress in the ordinary forms of law; and even the go- vernor of New Hampshire felt compelled, though unwillingly, to issue his proclamation recom- mending the settlers on the grants to yield due obedience to the laws and authority of New York.
The settlers associated themselves together; and held frequent conventions to devise means of resisting the wrongs which were attempted against them. As the governor of New York had appealed to the British government, the " Green Mountain Boys," as they now began to be called, determined to make an effort to be heard there also, nothing doubting that a true representation of their case would be fol- lowed by measures for their relief. The result justified their expectations, so far as the will of the British crown was concerned. The Lords of the Board of Trade and Plantations having investigated the subject in 1767, the governor of New York received the following order : "His majesty doth hereby strictly charge, require, and command, that the governor or commander- in-chief of his majesty's province of New York, for the time being, do not, upon pain of
32
HISTORY OF VERMONT.
[1767.
his majesty's highest displeasure, presume to make any grants whatsoever, of any part of the land described, until his majesty's further plea- sure shall be known concerning the same."
This royal mandate was certainly explicit and satisfactory enough, so far as its apparent mean- ing and intention could be gathered from its plain English. But whether "his majesty's further pleasure" was immediately communicated › to the New York governor, revoking this order, or whether the governor found the fees too lu- crative to be tamely surrendered, the people soon found that royal orders gave them no respite. No regard was paid to the royal mandate. New grants continued to be made, and actions of ejectment continued to be pressed in the courts at Albany. The Green Mountain Boys paid no heed to these proceedings, and suffered judgment to go against them by default. They complain- ed, and with reason, that the officers of New York, while calling upon the people to obey the royal orders and decisions, violated those in- junctions themselves.
The militia were called in to aid and support the sheriff and his officers. But this measure served only to demonstrate the weakness of a government which aimed to enforce the perpe- tration of a wrong. The claimants holding titles purchased under such circumstances had not a feeling in common with the people. They were
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33
ETHAN ALLEN.
1767.]
speculators, odious for the fact that they would attempt to possess themselves of what was the equitable property of others. They were loathed as adventurers who preferred an unjust course, rather than to purchase lands at a fair valuation to which there was no adverse claims-idlers, who would willingly derive emolument from the distress of the hardy pioneers who had subdued the forest. The militia, when summoned, though compelled to march, had no affection for the business, and declined hazarding their lives against their convictions, and against the people with whom they sympathized, for the emolument of speculators for whom they had no respect. Wherever a show of opposition was made, the New York militia refused to act; and the sheriff with his posse were in a worse predicament than without it. The exasperation of the people was increased, and the fugitive posse only emboldened the resistants.
The name of Ethan Allen, celebrated in con- " nection with the Revolutionary war, appears first in the history of these struggles of the people of the New Hampshire grants against their grasping neighbours. Allen was born in Litchfield, Connecticut, but emigrated with his parents to the New Hampshire grants at an early age. 'He possessed in a rare degree that indispensable requisite to a self-constituted leader in troublous times-rude and overbearing self-
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HISTORY OF VERMONT.
[1767.
confidence. He was abashed by no consciousness of ignorance, and made boldness in the declara- tion of his opinions serve him in the place of a more refined style. As the right was manifestly on his side, and he vigorously contended against an injustice, the effects of which he suffered under in common with others, the leadership to which his daring impetuosity made him aspire was at once accorded to him. There was at this time no newspaper in Vermont, and, indeed, no printing office; but Ethan Allen entered vi- gorously into the contest with New York as a pamphleteer. He was the author of the mani- festoes of the Green Mountain Boys, to which, with other names, his was appended.
Allen's method of expression in these appeals to the public was in keeping with the character of the public which he addressed. They can scarce be read now without a smile, their ink- shed being of the most ferocious character. The rude borderers of that day found their own feel- ings well represented in the harsh language of Allen. Their all was at stake, and no terms seemed too severe to denounce their oppressors. If the better educated among them perceived, as they doubtless did, the absurdity of the pam- phleteer, they were too politic to take exception to what seemed best adapted to keep up that ex- citement, which alone promised successful and . ' continued resistance. The nature of the popu-
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1767.] GREEN MOUNTAIN BOYS.
lation of the New Hampshire grants is thus summed by Dr. Samuel Williams, the first his- torian of Vermont :- 1377424
" The main body of the settlers at that time, consisted of a brave, hardy, intrepid, but uncul- tivated set of men. Without many of the ad- vantages of education, without any other pro- perty than what hard labour and hard living had procured, destitute of the conveniences and the elegancies of life, and having nothing to soften or refine their manners, roughness, ex- cess, and violence would naturally mark their proceedings. To deny such people justice was to prejudice and arm them against it; to confirm all those suspicions and prejudices against their rulers, and to give them an excuse and plea to proceed to outrage and violence. When the government of New York gave to these proceed- ings the names of mobs and riots, abuse and outrage, it is probable that such expressions conveyed pretty just ideas of the appearance of their conduct and opposition to the laws. But when they called their opposition treason, felony, and rebellion against lawful authority, the people of the adjoining provinces seem to have believed that the government of New York was much more blamable in making and exercising such laws as called these titles to their lands in question, than the settlers were in acting in open and avowed opposition to them."
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-
HISTORY OF VERMONT.
- [1767.
CHAPTER III.
The Green Mountain Tavern-Its sign-Convention at Ben- nington-Determination of the settlers-Organized opposi- tion to New York-Committees of Safety formed-Military · associations-Indictment of Allen, Warner, and others-Re- wards offered for their apprehension-Attempted arrest of Warner-Conciliatory efforts of Governor Tryon-Exception of the ringleaders-Proclamations and counter-proclamations -Decree of the Green Mountain Convention-Green Moun- tain law-The Beech Seal-Action of the New York As- sembly-General convention west of the Green Mountains -Resolutions adopted-Sanguinary laws of New York-Re- sponse of the Mountaineers-Colonel Skeen's mission to England-Approach of the Revolution.
BENNINGTON, the first town chartered by the Governor of New Hampshire, was one of the chief rallying places of the Green Mountain Boys. The " Green Mountain Tavern" in this village had a sign expressive of the defiance of the settlers. On the very borders of the dis- puted territory, a post twenty-five feet high bore on its top a huge catamount's skin, stuffed, its teeth displayed toward the hated province of New York. One mode of punishing any traitor to the Green Mountain interest, was to hoist him, tied in an arm chair, up to the sign, and let him hang one hour or more, according to the pleasure of his judges, exposed to the mocking
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ORGANIZED OPPOSITION.
1771.]
of the crowd which such an occasion did not fail to summon.
After the refusal of the authorities of New York to heed the royal mandate forbidding new grants, a convention of the settlers was called at Bennington ; and at this convention it was "resolved to support the rights and property which they possessed under the New Hampshire grants, against the usurpation and unjust claims of the governor and council of New York, by force, as law and justice were denied them." Opposition took now an organized and formida- ble character. "Committees of Safety" were appointed in most of the towns west of the Green Mountains; and these committees took cognizance of matters within their several pre- cincts, or in convention passed resolutions and decrees which had the force of law over the set- tlers. A military association was formed, of which Ethan Allen was appointed colonel, and Seth Warner and five others captains. The authorities of New York proceeded to cause the leaders in these movements to be indicted as rioters ; and the governor of that province is- sued a proclamation offering one hundred and fifty pounds sterling, or six hundred and sixty- six dollars, for the apprehension of Colonel Allen ; and fifty pounds, or two hundred and twenty-two dollars, for each of the others. Allen then is- sued his proclamation, offering five pounds, rather
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38
HISTORY OF VERMONT.
[1772.
more than twenty-two dollars, to any person who would apprehend the attorney-general of the colony of New York, and deliver him to any officer of the Green Mountain Boys. An officer of New York, moved perhaps by the reward, visited the grants with the purpose of arresting Warner. The Green Mountain captain gave him battle, wounded and disarmed him, but spared the life which was at his mercy. Indeed, through all the scenes of violence which at- tended the efforts of New York to enforce un- just and unpopular laws, the resistants avoided any sanguinary acts, though their proclamations had a ferocious sound. They gave fair warning of their intentions, and warned the offenders against their decrees to desist. Persistence in spite of warning was rigorously punished, after due examination had before a committee of safety.
Efforts were made in 1772, by Governor Tryon of New York, to conciliate. But his overtures excepted Allen and some others, and the nego- tiations were interrupted by the proceedings of exasperated parties. Certain settlers, who occupied lands under grants from New York, were dispossessed and driven away by the Green Mountain Boys; and when the New York go- vernor required the lands to be restored, the set- tlers called a convention, and drew up a report, declining compliance with the governor's man-
39
"VIEWING."
1773.]
date, and vindicating their proceedings. Nego- tiations here terminated; and the governor, council, and legislature of New York, on the one hand, and the Green Mountain Boys on the other, proceeded to the fulmination of proclama- tions, and the enactment of decrees and laws, which lacked only power to enforce them, to revive the worst scenes of the worst despotism. Happily their fury was expended in ink and evaporated in bravado.
The Green Mountain convention decreed that no person should take grants or confirmations of grants under the government of New York. It forbade all the inhabitants of the New Hamp- shire grants to hold, take, or accept any office of honour or profit under the colony of New York ; and all civil and military officers who had acted under such authority were commanded to suspend their functions. The penalty for neglect or refusal was " being viewed" by a committee of safety. What " viewing" implied may be gathered from the case of one Benjamin Hough, who presumed to act under a New York commission as a justice of the peace, after warning given him to desist.
The culprit was arrested and brought before the committee of safety at Sunderland. When interrogated, he pleaded the jurisdiction and au- thority of the province of New York. He was answered by the decree of the convention above
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HISTORY OF VERMONT.
[1773.
referred to, of which no settler on the grants could be ignorant. And the committee pro- ceeded to pass the following sentence, which was summarily carried into execution : " That the prisoner be taken from the bar of this committee of safety, and tied to a tree, and there on his naked back receive one hundred stripes. His back being dressed, he shall depart out of the district, and on his return, unless by special leave of the committee, he shall suffer death."
The instruments with which flagellation was inflicted were "twigs of the wilderness ;" and this mode of punishment was termed, by the Green Mountain Boys, the application of the " beech seal." Where the validity of the great seal of the province of New Hampshire was not considered sufficient by the adherents of New York, it was quaintly intimated that the "beech seal" upon their naked backs would be regarded by them as abundant confirmation.
These measures, of course, exasperated the New York authorities. The settlers on the New Hampshire grants, west of the mountains, who were in collision with the New York authorities, were denounced as lawless banditti. Their pro- ceedings were characterized as treason and re- bellion ; and, powerless as New York had proved to enforce former enactments, she made the com- mon mistake of adding to former acts, which re- mained dead letters, new enactments as inopera-
41
RESOLUTIONS ADOPTED.
1774.]
tive in effect as they were Draco-like in spirit. A committee of the assembly reported a series of resolutions upon the proceedings of the " Bennington Mob," in which they desired his excellency, the governor, to offer a reward for the securing of the ringleaders, and their com- mittal to Albany jail. And they recommended that a law should be passed " more effectually to suppress riotous proceedings, and bring the of- fenders to condign punishment."
These preliminary proceedings having tran- spired, a general convention of the inhabitants of the western townships was held on the 1st of March, 1774, and adjourned to the third Wednesday in that month. At this meeting a report was adopted giving a review of past events, and recommending the New York authorities to wait the determination of his majesty before proceeding to further extremities. It concluded with resolutions, among which were the following : " That, as a country, we will stand by and de- fend our friends and neighbours who are in- dicted, at the expense of our lives and fortunes ;" and « that for the future, every necessary prepa- ration be made, and that our inhabitants hold themselves in readiness, at a minute's warning, to aid and defend such friends of ours who, for their merit in the great and general cause, are falsely denominated rioters ; but that we will not act any thing, more or less than on the de- 4*
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