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 6
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Enjoying, as we now do, the protection of just and equal laws, it is
* Allen's history.
+ This instrument of punishment was termed the " beach seal," in allusion to the great seal of New Hampshire, affixed to the grants made by the Governor of that Province ; of which, the beach rod. well laid onto the naked backs, of the "Yorkers" and their adber- ents, was humorously considered a confirmation !
# Allen's history.
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CONTROVERSY WITH NEW-YORK.
difficult to form a proper estimate of the measures we are reviewing. We shall be less inclined to censure them as unnecessarily severe, if we re- flect, that there was no choice left to the New-Hampshire grantees, be- tween an entire surrender of their farms, rescued from the wildness of · nature, and made valuable, by their industry ; and a determined and per- severing resistance by force. Necessity drove them to resistance, and sound policy dictated that it should be of a character to inspire a full be- lief that it would be made effectual.
The government of New-York, however, regarded this conduct as treasonable and rebellious, and the actors in these scenes, as a lawless banditti. Confident in their own strength, and miscalculating the re- sources which may be brought into requisition by men acting on the de- fensive, in the last extremity, they proceeded to the adoption of measures, " the most minatory and despotick, (in the language of Dr. Williams) of any thing, which had ever appeared in the British Colonies."
We commence the history of these measures with the following extract from the votes and proceedings of the General Assembly of New-York.
DIE SABATI, 10 HO. A. D. FEBRUARY 5TH, 1774.
MR. BRUSH, in behalf of Mr. Clinton, chairman, from the grand Com- mittee, reported, that he was directed by the said Committee, to make the following report to the house, viz. That the said Committee, having taken into consideration the petition of Benjamin Hough,* in behalf of himself, and many of his Majesty's subjects, inhabiting the county of Charlotte, and the north-eastern district of the county of Albany ; com- plaining of many acts of outrage, cruelty, and oppression, committed against their persons and properties, by the Bennington MOB, and the dangers and injuries to which they are daily exposed, and imploring that this house will take them under their protection, and secure them against future violence ; and the said Committee, having also duly considered the several proofs and depositions presented in support of the truth of the said petition, do therefore resolve,
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1. That it appears to this Committee, that there, at present, prevails in part of the county of Charlotte, and in the north-eastern district of the county of Albany, a dangerous and destructive spirit of riot and licen- tiousness, subversive of all order and good government; and that it is become an intolerable grievance, which requires immediate redress.
* It appears from Allen's history, that Benjamin Hough had accepted, and officiated in, the office of justice of the peace, under the authority of New-York. Being arrested and brought before the Committee of safety at Sunderland, he pleaded the jurisdiction and authority of New- York, but was answered by the decree of the Convention, which forbid all persons holding any office, civil or military, under the Colony of New York.
In the presence of a large concourse of people, the following judgment was pronounced. " That the prisoner be taken from the bar of this Committee of safety and tied to a tree, and there, on his naked back, to receive two hundred stripes ; his back being dressed. he should depart out of the district, and on return, to suffir death, unless by special leave of Con- :ention."
3
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2. RESOLVED, That it appears to this Committee, that many acts of outrage, cruelty, and oppression have been there perpetrated by a num- ber of lawless persons, calling themselves the Bennington MOB, who have seized, insulted, and terrified several magistrates and other civil officers, so that they dare not exercise their respective functions ; rescued prison- ers for debt, assumed to themselves military commands, and judicial power ; burned and demolished the houses and property, and beat and abused the persons of many of his Majesty's subjects ; expelled them from their possessions, and put a period to the administration of justice, and spread terror and destruction through that part of the country which is exposed to their oppression.
3. RESOLVED, That it is the opinion of this Committee, that the com- plainants before this house, and others, who inhabit part of that colony, and from respect to government, will not countenance or be concerned in the said riotous proceedings, are exposed, from the violence of the rioters, to iminent danger, both in persons and properties ; and that they stand in need of immediate protection and succour.
4. RESOLVED, That it appears to this Committee, that Ethan Allen, Seth Warner, Remember Baker, Robert Cochran, Peleg Sunderland, Silvanus Brown, James Breakenridge, and John Smith, are principal ring-leaders of, and actors in, the riots and disturbances aforesaid ; and that it is, therefore, the opinion of this Cominittee, that an humble ad- dress be presented to his Excellency, desiring that he would be pleased to issue a Proclamation, offering a reward of fifty pounds for apprehend- ing and securing any or either of the persons above named, in his Ma- jesty's goal in Albany ; and commanding the magistrates, and other civil officers of the counties of Albany and Charlotte, to be active and vigilant in suppressing the said riots, and preserving the public peace and good order, as well as for bringing to justice the perpetrators and authors of said riots.
5. RESOLVED, That it is the opinion of this Committee, that a bill be brought in, more effectually to suppress the said riotous and disorderly proceedings, maintain the free course of justice, and for bringing the offenders to condign punishment. Which report he read in his place, and afterwards delivered it in at the table, where the said resolutions were severally read a second time, and it was resolved that this house doth agree with the Committee in their said resolutions.
ORDERED, That a bill be brought in, pursuant to the last resolution, and that Mr. Brush, and Col. T'en Broeck, prepare and bring in the same. Ordered, that Capt. Delancey, and Mr. Walton, wait on his Excellency the Governor with the foregoing address and resolutions of the house.
The following proceedings will show in what manner the foregoing Resolutions were met by the people on the New-Hampshire grants.
"At a General Meeting of the Committees for the several townships on the west side of the range of green mountains, granted under the great seal of the Province of New-Hampshire, held at the house of Mr. Eliakim Wellers, in Manchester, on the 1st day of March, A. D. 1774, and after- wards, by adjournment, at the house of Capt. Jehiel Hawley, in Arling
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ton, on the 3d Wednesday of the same month ; at which several times and places, the New-York Mercury, No. 1163, was produced, which contains an extract from the votes and procceedings of the General As- sembly of the Colony of New-York, which is as follows, viz.
[Here follow the Resolutions, as given above.]
MR. NATHAN CLARK, chairman of the Committee of the New-Hamp- shire settlers aforesaid, ordered the clerk to read the resolves and votes aforesaid, to the general Committee, which was accordingly read, sundry times, and the following draught being presented in answer thereto, to the publick meeting ; seven persons were selected and chosen out of the said general Committee to examine the same, and report their opinion thereon, which here follows.
When we consider the numberless troubles, and almost insurmount- `able difficulties which our infant settlements have been forced to struggle with, since its first beginning, which have been occasioned by an unequal · and biassed administration of law, ever since our unhappy misfortune of being annexed to a government in which the interest of the greater part of the leading gentlemen thereof, are in direct opposition to our's. 'The tyrannical measures they take to enslave us, (we hope) will not fail to justify us in the following arguments and resolves thereon ; for we think At an intolerable hardship, and piece of inhuman cruelty, that we cannot be said to give sufficient proof of our loyalty and obedience to govern- ment, but at the resignation of our whole fortunes, in the purchase and improvement of which, we have suffered an infinity of hardship. While we view the spirit of the general assembly in their resolves, we cannot ·· but reflect with some regret, on what may, of consequence, prove the re- sult (without an alteration) of their present opinion ; but there are scarce any circumstances that entirely exclude hope ; therefore we are not yet in total despair; for this moment we happily call to mind, that the gene - ral assembly of the same Province, about two years ago, did annex all 5 that part of the Bay Province, west of Connecticut river, to that UNLI- MITED county of Albany ; but their avaricious grappling not being of a sufficient strength for such an unreasonable burthen, it failed, by which they lost their ideal booty.
'
The reader will doubtless observe, that in the resolves of the assembly aforesaid, there is not a single word mentioned in regard to the title of the land contested for, but that they level all their spleen, and point all their malice at notorious rioters, as they call them, and make a pretended shew and figure, as though they were great sticklers for good order and government ; although, at the same time, every person of common sense, who has had any acquaintance and knowledge of the controversy, abso. lutely knows, that our goodly land, with the labour thereon, is the only subject matter, and grand object, of the whole controversy ; and give the New-Yorkers but that, and the matter would be accomplished to their eternal satisfaction ; and it is presumed the words riotous, disorderly, licentious, &c. would not be printed again on account of the New-Hamp- shire grantees and present occupants, for the whole course of the succeed- ing century.
For, the truth of the case is, the executors of the law, are most, if not all, of them the pretended claimants to the lands whereon the New-
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Hampshire grantees and occupants dwell ; and their judgments on writ's of ejectment, brought by the New-York patentees, have not hitherto failed to correspond with their imaginary interests ; but were they honest men, they would not undertake to be judges in their own case, or in any other wherein the resolution thereof would make a president for their own, . especially in title of land, wherein judge and plaintiff are connected in one common interest : such a distribution of law is contrary to the law of reason and nations.
Therefore, our case stands thus ; if we submit to their executions of law, and become obedient and submissive subjects of their designing government, we must soon yield to be their tenants and slaves ; and we cannot see reason to conform to any law which will apparently bring us and our posterity into bondage, or manifestly deprive us of our property ; but inasmuch as we boldly adhere to the maintainance of our property, which to us is very precious, as it would be to the New-Yorkers, was it in their hands. We find it is immediately recommended to the Governor of the Province, by the general assembly, to issue his Proclamation, offering therein large sums of money to apprehend those notorious rioters, as they are pleased to stile them. It must, indeed, be shocking to com- mon sense, when the reader comes to observe what notorious complaints, and most horrid accusations are set forth in the resolves of the general assembly of New-York, mentioned in the fore part of this paper, against thousands of hard labouring, industrious, honest peasants, who are, in truth, loyal subjects of the crown of Great-Britain, for their violations of law and government ; when, at the same time, the following express orders from his most sacred Majesty to that litigious government of New York, will plainly show, that they do not make the least hesitation to rebel and act in direct opposition to the authority of the crown ; when (as in the present case) they shew a disposition to take advantage of the minor part of those under their government, and throw them into con- tention and disorder, and thereby build their fortunes on the ruin of the pretended aggressors, (and all under the specious pretence of good order and government ) which is, in fact, what they eventually aim at, as will ap- pear by the following order.
At a Court at St. James's, the 24th day of July, 1767.
7 PRESENT,
THE KING'S MOST EXCELLENT MAJESTY,
Archbishop of Canterbury, Earl of Shelburne,
Lord Chancellor,
Viscount Falmouth,
Duke of Queensbury,
Viscount Barrington,
Duke of Ancester,
Viscount. Clarke,
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Lord Chamberlain,
Bishop of London,
Earl of Litchfield,
Mr. Secretary Conway,
Earl of Bristol, ,
Hans Stanley, Esq.
The petition, and report thereon, by the Lords of trade and plantation affairs, is too prolix to be inserted in this paper ; the royal order is there- fore only transcribed, which is as follows.
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CONTROVERSY WITH NEW-YORK.
His Majesty, taking the said report into consideration, was pleased, with the advice of his privy council, to approve thereof, and 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 his Majesty's Irighest displeasure, presume to make any grant whatsoever, of any part of the lands, described in the said report, until his Majesty's further pleasure shall be known, concerning the same.
A True Copy,
Attest GEO. BANYAR, Dep. Sec'ry. WILLIAM SHARPE,
Notwithstanding this prohibition, and one or two more of the same general import, and from the same authority, the government of New- York have lapped their patents on the New-Hampshire charters, and in consequence thereof, demand, at common law, the land on which the New Hampshire grantees and occupants dwell ; and from hence has arisen the numerous troubles and disturbances between the government of New-York and its discontented subjects, the settlers under New-Hampshire. 'This has also been the source of all licentiousness and . confusion, riotous- ness, &c. complained of by that government against the settlers aforesaid.
And whereas the true state of our grants hath been already laid before the worthy lords of the board of trade and plantation, and they, having considered and wisely deliberated upon its several circumstances, did on the third day of December, A. D. 1772, make their report in favor of the NewHampshire grantees,* to his most gracious Majesty, whose royal confirmation we daily expect ; and on the credit and good faith of this report, many hundreds of industrious (and many of them wealthy) fami- lies have purchased and moved upon the New Hampshire grants, nothing doubting of that title.
· We, therefore, humbly 'report to the said general Committee of the New-Hampshire grants, as our opinion,
1. That as we ever have, so for the future we will remain loyal and dutiful subjects to our most rightful sovereign GEORGE the third, and de- mean ourselves agreeable to the good and wholesome laws of the realm, and fight for the dignity of his Majesty's crown and government, at all times, when there may be a call for it ; viewing him as our political fa- ther, and relying on him to be protected in our property.
2. That, as we purchased our lands of one of his Majesty's Governors, and on the good faith of the crown of Great-Britain, we are determined to maintain those grants, against all opposition, until his Majesty's royal pleasure shall be known in the premises.
And whereas we have never made any further resistance to govern- ment, than the law of self-preservation, which the law of GOD and nature enjoins on every intelligent, wise and understanding being ; we, there- fore, are fully of the opinion to resolve,
4 3. That such of the magistrates and governmental authority of the Province of New-York, as have pursued, and have been accessary in the scheme of indicting our friends and neighbours as rioters ; and have, by
· See Page 33.
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intrigue and stratagem, of various sorts, endeavored to take them, and punish them . as criminals ; thereby to dishearten and terrify the New- Hampshire settlers to that degree, that they may tamely be disinherited ; have acted contrary to the spirit and design of the good and righteous laws of Great Britain, which, under a just administration, never fail to secure the liberty and property of the subject ; and are thereby guilty of great in- humanity to its respective subjects. We therefore resolve, That as a country, we will stand by, and defend our friends and neighbours so in- dicted, at the expence of our lives and fortunes. And we would recom- mend it to the general assembly of the Province of New York, to wait the determination of his Majesty, relative to the title of those lands, and de- sist from taking us as rioters, to prevent the unhappy consequences that may result from such an attempt.
And fourthly, and lastly, resolved, That, for the future, every necessary preparation be made, and that our inhabitants hold themselves in readi- ness, at a minute's warning, to aid and defend such friends of our's, who, for their merit to the great and general cause, are falsely denominated riot- ers ; but that we will not act any thing more or less, but on the defensive, and always encourage due execution of law in civil cases, and also in cri- minal prosecutions, that are so indeed ; and that we will assist, to the ut- most of our power, the officers appointed for that purpose.
The foregoing arguments, narrations and resolves, being laid before the general committee of the New-Hampshire grants, was read sundry times, and carefully examined ; and after mature deliberation, Mr. Clark, chair- man, put the votes to trial, whether the foregoing was approved of as an an- swer to the resolves of the general assembly of the Province of New-York? and it was passed in the affirmative. And it was furthermore the advice of this committee, that the foregoing be forthwith exhibited in the public papers, to the intent that all officers, magistrates, and persons whatsoever, may know, that if they presume to take the rioters aforesaid, they do it on their peril.
Certified by
NATHAN CLARK, Chairman, JONAS FAY, Clerk.
Bennington, April 14, 1774.
While the convention of the New-Hampshire grants were preparing for the adoption of these resolutions, the General Assembly of New-York proceeded to carry into effect their resolutions of the 5th of February ; and, on the 9th of March, 1774, enacted the following extraordinary Law. AN Act for preventing tumultuous and riotous Assemblies in the places , therein mentioned, and for the more speedy and, effectual punishing the rioters.
WHEREAS a spirit of riot and licentiousness has, of late, prevailed in some parts of the counties of Charlotte and Albany,* and many acte
* The County of Albany, it is believed, extended to the north line of Manchester, in the present C'ounty of Bennington : the territory worth of that, on the western side of the mountains, was erected into a separate County, by the name of Charlotte.
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of outrage and cruelty have been perpetrated by a number of turbulent men, who, assembling from time to time, in arms, have seized, insulted and menaced, several magistrates, and other civil officers, so that they 'dare not execute their functions-rescued prisoners for debt-assumed to themselves military commands, and judicial powers-burned and de molished houses and property, and beat and abused the persons of many of his Majesty's subjects-expelled others from their possessions-and finally, have put a period to the administration of justice within, and spread terror and destruction throughout, that part of the country which is exposed to their oppression : Therefore, for the preventing and suppressing such riots and tumults, and for the more speedy and effect- ual punishing the offenders therein.
1. Be it enacted, by his Excellency the Governor, the Council, and the General Assembly, and it is hereby enacted, by the authority of the same, That, if any persons, to the number of three, or more, being un- lawfully , riotously, and tumultuously assembled, within either of the said counties, to the disturbance of the public peace, at any time after the passing of this act, and being required or commanded, by any one or more justice or justices of the peace, or by the high sheriff, or his under sheriff, or by any one of the coroners of the county where such assembly shall be, by proclamation to be made in the King's name, in the form herein after directed, to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, shall, to the number of three, or more, notwithstanding such proclamation made, unlawfully, riotously, and tumultuously remain or continue together, to the number of three, or more, after such command or request made by proclamation, shall, for every such offence, upon conviction thereof, in due form oflaw, either in the supreme court of judicature of this colony, or at the courts of oyer and terminer, and general goal delivery, or at the general sessions of the peace, to be held respectively in and for the said counties of Albany and Charlotte, or either of them, suffer twelve months imprisonment, without bail or mainprize, and such further corporal punishment as the respective courts before which he, she, or they, shall be convicted, shall judge fit, not extending to life or limb ; and before his or her discharge, shall enter into recognizance with two sufficient sureties, in such sum as the said courts shall respectively direct, to be of good behaviour, and keep the peace towards his Majesty and all his subjects, for the term of three years from such his, her, or their discharge out of prison.
2. And be it further enacted by the authority aforesaid, That the order and form of the proclamation which shall be made by the authority of this act, shall be as hereafter follows, that is to say : The justice or other person, authorized by this act to make the said proclamation, shall, a- mong the said rioters or as near to them as he can safely come, with a loud voice command, or cause to be commanded, silence to be kept while proclamation is making ; and shall then openly with a loud voice make, or cause to be made, proclamation in these words, or to the like effect : Our Sovereign Lord the King, chargeth and commandeth all persons being assembled, immediately to disperse themselves, and peaceably to depart to their habitations, or to their lawful. business, upon the pain
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contained in the act made in the fourteenth year of the reign of King GEORGE the third, to prevent tumultuous and riotous assemblies. And. every such justice or justices of the peace, sheriff, under sheriff or coroner, within the limits of the respective counties, where they reside, are hereby authorised, impowered, and required, on notice or knowledge of any such unlawful, riotous and tumultuous assembly, forthwith to repair to the place where such unlawful, riotous and tumultuous assembly shall be, to the number of three or more, and there to make or cause to be made, proclamation in manner aforesaid.
3. And be it further enacted by the authority aforesaid, That if any person or persons do, or shall, with force and arms, wilfully and knowing- ly oppose, obstruct, or in any manner, wilfully and knowingly let, hinder or hurt any person or persons, who shall begin to proclaim, or go to pro- claim, according to the proclamation hereby directed to be made, where- by such proclamation shall not be made ; that then, every such opposing, letting, hindering, or hurting, such person or persons, so being or going to make such proclamation as aforesaid, shall be adjudged felony, without benefit of clergy; and that the offenders therein, shall be adjudged felons, and shall suffer death, as in cases of felony without benefit of clergy : And that also, every such person or persons, so being unlawfully, riotous- ly and tumultuously assembled to the number of three, as aforesaid, or more, to whom proclamation should or ouglit to have been made, if the same had not been, hindred as aforesaid, shall, in case they, or any of them, to the number of three or more, shall continue togetlier, and not forthwith disperse themselves, after such let or hindrance, having know- ledge of such let or hindrance, shall, likewise, for every such offence, upon conviction thereof, in manner aforesaid, suffer the same pains and penalties as are hereby inflicted on those who shall continue together to the number of three or more, after they shall be commanded to depart to their habitations, or lawful business, by proclamation as aforesaid.
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