USA > Vermont > Vermont state papers; being a collection of records and documents, connected with the assumption and establishment of government by the people of Vermont; together with the first constitution, and the laws from the year 1779 to 1786, etc > Part 5
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We are fully persuaded, your Excellency's ears have been much abused by subtle and designing men ; for, we are informed, from credible au- thority, your Excellency has, lately, made application to your Assembly, to raise an armed force to subdue us, but that the motion was negatived. We apprehend, your Excellency views us as opposing your Excellency's jurisdiction, and that the violent acts, by us done, was in rebellion to his Majesty's authority, or your Excellency had never proposed the subduing of us ; we are morally certain, we can convince your Excellency, that it is not so ; but that on the other hand, Messieurs Duane, Kemp, and their associates, are the aggressors.
We have chosen two men from among us, viz. Capt. Stephen Fay, and Mr. Jonas Fay, to treat with your Excellency, in person ; who, we,
CONTROVERSY WITH NEW-YORK ..
hope, will answer such queries, and give your Excellency the satisfaction you hope for.
We view your Excellency as our Governor and political father, and hope' and expect, from the sincerity and candor of your Excellency's letter, you will be friendly and favourably disposed towards us, when your Excellency, by these lines, perceive the grounds of our discontent ; for, we are conscious that our cause is good, and that it was oppression, which has heej/ the ground of our discontent, and that self-preservation hath, hitherto, urged us to the measures . lately taken." And we now earnestly intreat your Excelleney's aid and assistance to quiet us in our possessions and properties, till his Majesty, in his royal wisdom, settle the controversy. If your Excellency should do this, there would be an end of riots, so called, ante tongues unable to express our gratitude to your Excellency for suen protection.
'Therefore, relying on your Excellency's great wisdom and goodness, as Members of your Government, his Majesty's loyal and liege subjects, we subscribe ourselves . your Excellency's ever faithful and humble servants,
ETHAN ALLEN,
SETH WARNER,
REMEMBER BAKER,
ROBERT COCHRAN.
The foregoing communications were transmitted to his Excellency, Governor. Tryon, by the Agents appointed for that purpose. The Agents were received by his Excellency, and the communications laid before his Council, who, after mature consideration, advised as follows.
" The Committee are desirous your Excellency should afford the in- habitants of those townships, all the relief in your power, by suspending, till, his Majesty's pleasure shall be known, all prosecutions in belialf of the crown, on account of the crimes with which they stand charged, by depositions before us ; and to recommend it to the owners of the contest- ed lands, under grants from this Province, to put a stop, during the same period, to all civil suits concerning the lands in question."
The foregoing was approved by the Governor, and communicated to the inhabitants in Bennington and the vicinity.
While this negociation was pending, the green mountain boys pro- ceeded to dispossess certain settlers upon Otter Creek, claiming title under New-York ; in consequence of which, Governor Tryon addressed the following letter to the inhabitants of Bennington and the adjacent country. i . ,
ALBANY, AUGUST 11TH, 1772.
GENTLEMEN,
"AT the same time I express to you my satisfaction, by the opportunity of Mr. Fay, on the grateful manner in which you received and accepted the lenient measures prescribed by this government, for your peaceable conduct, until his Majesty's pleasure should be known, respecting the
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disputed, claim to lands within this government, I cannot conceal from you my high displeasure at the breach of faith and honor, made by a body of your people, in dispossessing several settlers on Otter Creek, and its neighbourhood, of their possessions, during the very time the Com- missioners you appointed to attend on me at New-York, were waiting the determination of government on your petition, that you might remain unmolested in your possessions, until the King's pleasure be obtained. Such disingenuous and dishonourable proceedings, I view with great con- cern, considering them as daring insults to government, a violation of public faith, and the conditions granted to you on petition. To prevent, therefore, the fatal consequence that must follow so manifest a breach of public confidence, I am to require your assistance, in putting, forthwith, those families, who have been thus dispossessed, into re-possession of their lands and tenements, in the same manner, in which they were, at the time Mr. Fay and his son, waited on me at New-York. Such a con- duct on your part, will not fail of recommending your situation to his Majesty, and insure a continuance of my friendly intentions towards you, WM. TRYON.
To the Inhabitants of Bennington, and the adjacent Country.
ANSWER TO THE FOREGOING.
BENNINGTON, AUGUST 25TH, 1772.
TO | HIS EXCELLENCY,
WILLIAM TRYON, ESQUIRE, &C. MAY IT PLEASE YOUR EXCELLENCY,
WE, his Majesty's liege and loyal subjects, inhabitants of Bennington, and the adjacent country, have received your Excellency's letter, of the 11th of August inst. by which, we are informed of your Excellency's high displeasure towards us, by reason of a body of our people's dispos- sessing several settlers on Otter-Creek, and its neighbourhood, of their possessions, during the very time our Messengers attended on your Ex- cellency, at New-York, and were waiting the determination of govern- ment, on our petition, that we might remain unmolested in our possess- ions, till the King's pleasure could be obtained. 1; Your Excellency fur- ther informs us, that you look on our late proceedings with great con- cern, viewing them as daring insults to government, a violation of public faith, and the conditions granted to our petition. We would, with proper submission, give your Excellency and Council, a short narrative of facts, with a few reflections and reasons thereon .- And, ! *
First, we would observe, that our Messengers your Excellency stiles Commissioners, was not authorized to establish, and complete articles of public faith for their constituents. The business assigned them, was to deliver the written petition, and inform your Excellency and Council of the facts of the controversy subsisting, and further negociate and forward the matter of our petition, and return to us the determination of govern- ment, reserving to ourselves the power of assenting to, or dissenting therefrom ; though true it is, when the articles of amicable settlement, or
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CONTROVERSY WITH NEW-YORK.
order of government was read at a public meeting, held at Bennington, on the 15th day of July ult. the said order and proposals were universally complied with by those present : from which time, we, reasonably, com -. pute the date of public faith, and sacred bond of friendship. But, in the interim the conditions of faith was forming, and before a ratification thereof, Mr. Kockburn, a noted surveyor, unknown, (as we suppose,) to your Excellency and Council, by the contrivance, aid and employ of certain monopolizing adversaries of our's, took a tour to the northerly parts of the New-Hampshire grants, to survey, and make locations on our land. Such locating we view as a manifest plan, and intention of in- vading our property-the same as intrenching round the city, portraits a siege thereof.
: Our people, having notice of Mr. Kockburn's intrusion on our borders, rallied a small party, and pursued, and overtook him and his party ; and in their pursuit, passed the towns of Panton and New-Haven, near the mouth of Otter Creek ; dispossessed Col. Reed of a saw-mill, in said Panton, which, by force, and without colour, or even pretence of re- course to law, he had taken from the original owners and builders, more than three years before, and did, at that same time, extend his force, terrors and threats into the town of New-Haven ; who, by the vicious and haughty aid of Mr. Benzell, the famed Engineer, with a number of assistants, under their command, so terrified the inhabitants, (which were about twelve in number,) that they left their possessions and farms to the Conquerers, and escaped with the skin of their teeth, although they had expended large sums of money in cutting roads to, and settling in, that new country, as well as fatigued and laboured hard in cultivating their farms. Col. Reed, at the same time, and with the same force, did take possession of one hundred and thirty saw- logs, and fourteen thousand feet of pine boards, which boards were made in the same mill, and all lying thereby ; all which he converted to his own use. Not long after, the original proprietors of the said mill did re-enter, and take possession thereof, but was, a second time, attacked by Col. Reed's Stewart, with a number of armed men, under his (supposed) instructions, and by their superior force and threats, obliged to quit the premises again-all which, tenements, said Reed occupied and enjoyed until dispossessed, as your Excellency's letter complains of.
But to return to Kockburn again. Our party, having taken him as aforesaid, brought him to the town of Castleton, near South Bay, where, being first informed of your Excellency's clemency, as well as that of the honourable Council, in granting the prayer of our petition ; and in con- formity to the articles of settlement agreed on, dismissed him on honour- able terms.
This is a short narrative of facts, for the proof of which, sufficient affidavits can be educed,
We are apprehensive, your Excellency has been, hitherto, unacquaint- ed with these facts, and have, therefore, exhibited them in this letter ; although it appears strange to us, according as your Excellency's own letter states the matter, that we should be suspected or taxed with viola- tion of public faith, and that our disingenuous and dishonourable viola-
2
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CONTROVERSY WITH NEW-YORK.
tion thereof, hath nullified and made void the late amicable settlement ; for, at the same time your Excellency charges us with breach of faith, and settlement, the very preliminaries of this faith was not known on our « part, and & consequently , could not have been complied with ; the very stipulations and faith spoken of, did not then exist ; for it must be the a meeting of the minds, of the contracting parties, which constitutes such faith and agreement, and, of course, cannot be broken before its existence.
Mr. Kockburn's locating our lands, in the mean time the preliminaries of public faith were forming, was, at least, as much a breach of that faith, as what we are charged with. _ Nay, according to our conception of the matter, more so ; as he made the first movement towards the in- vasion of our property ..
Soon after our Messengers returned from New-York, and read the Minutes of Council, and your Excellency's letter, of compliance there- with, to a large auditory, convened at Bennington for that purpose, com- ¿ posed of the inhabitants of that place, the adjacent country, and sundry respectable gentlemen from the neighbouring Provinces ; your Excel- Iency's gracious, wise, and benevolent proposals for settling unity and concord, in our part of the Province, were, by those present, unanimous- ly applauded, and conceded to ; and all possible public testimonies of honour and respect, paid to your Excellency and Council, by sundry discharges of cannon and small arms ; your Excellency's health, long life, and prosperity, as well as .,that; of the honourable Council's, was the toast ; your name commanded reverence and esteem, and your Ex- cellency's person in particular, became precious in our eyes.
... And, we do humbly assure your Excellency we have no disposition of alienation of affections, towards you, or, knowingly, break any article of public faith.> >>
There are two propositions, which are the objects of our attention.
... Firstly ; The protection and maintaining our property.
zit And, secondly ; to use the. greatest care and prudence, not to break the articles of public faith, or insult governmental authority.
These two propositions, we mean strictly and religiously to adhere to. And for the more explicit knowledge of the preliminaries and conditions of public faith and trust, we would inform your Excellency and Council, that our acceptation of those conditions on the part of New-York, is, that they make no : further settlements: or locations on our lands, granted under the great seal of the Province of New-Hampshire, until his Ma- jesty's pleasure be obtained, as to the validity of the grants. , Although this was not so fully expressed, yet we suppose it was implied in the ab- stract of the Minutes of Council ; if it was not, we pray, your Excellency · and Council would undeceive us in that particular ; for if we are deceived in this, then, on this hypothesis, your Excellency and Council's lenient and friendly disposition towards us, will not, for the future, (by us) be „viewed as such ; for such locations and settlements on our lands, would be incompatible with friendship, and a manifest infringement on our pro- perty, which has, all along, been the bone of contention.
The last part of your Excellency's letter to us, contains a requirement of our immediate assistance in repossessing Col. Reed's tenants of said
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CONTROVERSY WITH NEW-YORK.
tenements. As to this particular, had your Excellency have known by what means Col. Reed obtained possession of them lands and tenements, undoubtedly your Excellency would not have required our assistance in repossessing him ; or have viewed with concern, our dispossessing him, as a daring insult to government : for, the case rightly understood, it ap- pears, that his conduct was a daring insult to government, and continued violation for more than three years, of the laws, restrictions, regulations, and œconomy, both of God, and man ; a notorious breach of the tenth command of the decalogue, which says, " Thou shalt not covet, &c." He, coveting, did take the saw-mill logs, boards, and also, the lands, labours, possessions, farms, tenements, &c. &c. from the rightful owners, pro- prietors, and first occupants thereof, without a process at law, as afore- said, to their exclusion from the premises more than three years ; all which time, he has been enriching himself, by the improvement of their estates ; and, should we repossess him of the premises again, we should become co-partners with him, in his wickedness. Such an act we could not reconcile to our own consciences ; it being apparently immoral, and most flagrantly cruel and unjust.
When your Excellency and Council views these facts, and arguments, we humbly conceive we shall not be required to repossess Col. Reed of "the premises : nor do we expect your Excellency and Council will ad- judge us to be violators of the late articles of public faith : all which, with due submission, we refer to your Excellency and Council.
And, we do now, with due reverence, ask the favour of a few lines, which may certify to us, the determination of government, relative to the particulars litigated in this paper ;* and remain your ever faithful and most obedient humble servants.
At a general meeting, held at Manchester, on the 27th day of August, 1772, by the Committee of the towns of Bennington, Sunderland, Man- chester, Dosseth, Ruport, Pollet, Wells, Poultney, Castleton, Pitsford and Rutland ; the foregoing answer to his Excellency's letter of the 11th inst. was read to the said Committees, and the vote was called by Mr. Nathan Clark, Chairman, whether the said answer be approved of, by the said Committees ? and it was voted in the affirmative.
Test, ETHAN ALLEN, Clerk for said Committees.
The subject of this controversy, it seems, still engaged the attention of the British Cabinet ; as appears by the following extract from a report of the Lords of trade to the Committee of his Majesty's most honorable privy Council, for plantation affairs, dated December 3d, 1772.
" Upon the fullest examination into all the circumstances which, at present, constitute the state of that District between the rivers Hudson and Connecticut ; out of which, the greatest disorders and confusion have arisen ; it seemeth to us, that the principal objects of attention in the consideration of any measures that can be suggested for restoring public tranquility, and quieting possessions, are,
* WYe have been unable to find any answer to this communication, It is probable that · the negociation here terminated.
F
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CONTROVERSY WITH NEW-YORK.
First, those townships, which, having been originally settled and esta- blished under grants from the government of the Massachusetts-Bay, fell within this District, by the determination of the northern boundary of that Province, in the year 1740.
Secondly, those grants of land, made within this District, by the go- vernment of New-York, previous to the establishment of the townships : laid out by the governor of New-Hampshire, after the conclusion of the peace ; and which land now lies within the limits of some one or other of those townships.
Thirdly, those townships, which, having been originally laid out by the governor of New Hampshire, either continue in the same state, or have been confirmed by grants from New-York ; and also, those which have since originated under grants from the latter of those colonies.
With regard to those townships, which fall under the first of the above mentioned descriptions ; when we consider their nature and origin, and the numberless difficulties to which the original proprietors of them must have been subjected in the settlement of lands, exposed to the incursions of the savages, and to every distress, which the neighbourhood of the French, in time of war, could bring upon them ; and, when we add to these considerations, the great reason there is to believe that the grants were made upon the ground of military services against the enemy ; we do not hesitate to submit to your Lordships our opinion, that the present proprietors of these townships, ought, both in justice and equity, to be quieted in their possessions : and, that all grants whatsoever, made by " the government of New-York, of any lands, within the limits of those townships, whether the degree of improvement, under the original grant, had been more or less, are, in every light, which they can be viewed, op- pressive and unjust. But, as we are sensible that such subsequent grants made by the government of New-York, however unwarrantable, cannot be set aside by any authority from his Majesty, in case the grantees shall insist on their title ; we submit to your Lordships, whether it might not be expedient, in order to quiet the original proprietors in their possess- ions, to propose that all such persons who may claim possession of lands withm the limits of such townships, under New-York grants, should, upon condition of their quiting such claim, receive a grant under the seal of New-York upon the like terms, and free of all expences, of an equal number of acres, in some other part of the District lying between the rivers Hudson and Connecticut ; and in case, where any actual settle- ment or improvement has been made by such claimants, that they should, in such case, receive fifty acres of waste land for every three acres, they may have improved.
· With regard to those grants made by the government of New- York, which fall within the second description, and upon which any actual im- provement has been made ; they do appear to us to deserve the same consideration ; and that the proprietors thereof ought not to be disturbed in their possessions, whether that improvement be to a greater or lesser extent. . But we beg leave to observe to your Lordships, that, in both these cases, no consideration ought to be had to any claim, where it shall appear that no regular possession has ever been taken, and no actual settlement ever been made.
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CONTROVERSY WITH NEW-YORK. 35
With regard to those townships, which fall within the last mentioned description, we submit to your Lordships our opinion ;- That, provided such townships do not include land within the limits of some antecedent grant, upon which actual improvement has, at any time, been made, it would be adviseable they should be confirmed as townships, according to the limits expressed in the grants thereof ; and that all persons having possession of any shares in the said townships, either as original grantees, or by purchase or conveyance, and upon which shares any actual im- provement or settlement has been made, ought not, in justice, to have been, or to be, in future, disturbed in the possession of such shares ; nor . ought they to be bound to any other conditions, whether of quit rent or otherwise, than what is contained in the grant."
We now approach an interesting period in the history of this contro- versy. It will be recollected that the whole property of the settlers, on the New-Hampshire grants, had been long put at hazard by the claims of New York. In face of the royal prohibition of the 24th of July, 1767, the government of that Province had proceeded to convey the lands, oc- cupied under grants from the same royal authority. The Courts at Al- bany had, uniformly, decided in favor of the New-York grantees. Writs of possession had been issued ; the execution of which was regarded by the settlers as nothing less than legalized robbery. They therefore re- sisted ; and, for uniting in this resistance, had been indicted as rioters, and subjected to heavy penalties. Notwithstanding the attempt which * had been made to arrest the progress of the controversy, it does not ap- pear that the government of New-York had, at any time, taken measures to restrain the location and settlement of lands under New-York titles. . The bone of contention, therefore, still remained ; and the failure of an attempted reconciliation had served to embitter the resentment of the contending parties, and produce a state of hostility, more decided and alarming.
b
The mass of the settlers, on the New-Hampshire grants, consisted of a brave, hardy race of men. Their minds, naturally strong and active, had been roused to the exercise of their highest energies, in a controversy, in- volving every thing that was dear to them. Though unskilled in the rules of logick, they, nevertheless, reasoned conclusively ; and having once come to a decision, they wanted not the courage or conduct neces- sary to carry it into execution.
Foremost among them, stood ETHAN ALLEN. Bold, ardent, and un_ yielding ; possessing a vigorous intellect, and an uncommon share of self- confidence, he was peculiarly fitted to become a successful leader of the opposition. In the progress of this controversy, several pamplilets were written by him, exbibiting, in a manner peculiar to himself, and well suited to the state of publick feeling, the injustice of the New-York claims.
·
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CONTROVERSY WITH NEW-YORK.
These pamphlets were extensively circulated, and contributed much to inform the minds, arouse the zeal, and unite the efforts, of the settlers. --
So far as the documents belonging to this period, shed any light on the subject, it appears that the inhabitants residing in the present Counties of · Bennington and Rutland, had formed a convention, by Committees from the several towns ; which met, if not statedly, at least, on extraordinary occasions, to adopt such measures, as the publick exigencies required .. Among other acts of this body, it had been decreed-" that no person should take grants, or confirmation of grants, under the government of New York."-An order had also been made, " forbidding all inhabitants in the District of the New-Hampshire grants, to hold, take, or accept, any office of honor or profit under the Colony of New-York ; and all civil and military officers, who had acted under the authority of the Governor or Legislature of New-York, were required to suspend their functions on pain of being viewed."*
These decrees were frequently enforced with exemplary severity. Among the various modes of punishment, the more common, was the ape. ... plication of the " beach scar't to the naked back, and banishment from the grants !
One instance of punishment, in a case which seems not to have come within any special decree of the convention, deserves, for its ingenuity, to . be recorded.
Dr. A. of Arlington, had become a partizan of New-York: Having often spoken in reproachful terms of the green mountain boys, and their convention, and advised to the purchase of lands under the New-York titles, he was requested to desist. Disregarding this request, he was ar. rested and " carried to the green mountain tavern, at Bennington, where the Committee heard his defence, and then ordered him to be tied in an armed chair, and hoisted up to the sign (a catamount's skin, stuffed, sitting upon the sign post, twenty-five feet from the ground, with large teeth, grinning towards New-York,) and there to hang two hours, in sight of the people, as a punishment merited by his enmity to the rights and li- berties of the inhabitants of the New-Hampshire grants. The judgment was executed to the no small merriment of a large concourse of people. The Doctor was let down, and dismissed by the Committee, with an ad- monition to go and sin no more."}
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