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 8
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tation to come and view the dexterity of our regiment ; and we cannot think of a better time for that purpose, than when the executioners come to kill us, by virtue of the authority their judges have lately received.to award and sentence us to death. in our absence. There is still one more notable complaint against us, viz. That we have insulted and menaced several magistrates, and other civil officers, so that they dare not execute their respective functions. This is true, so far as it relates to the magis- trates. . But the public should be informed, what the functions of those magistrates are :- they are commissioned for the sole purpose of doing us all the harm and mischief they possibly can, through their administra- tion and influence ; and that they might be subservient to the wicked de- signs of the New-York schemers. These are their functions; and the public need no further proof than the consideration that they are the tools of those extravagant law-makers ; and it must be owned, they acted with great judgment, in choosing the most infernal instruments for their purpose. Draco, the Athenian law-giver, caused a number of laws, (in many respects analogous to those we have been speaking of,) to be written in blood. But our modern Draco's determine to have their's verified in blood. They well know we shall, more than three, nay, more than three times three hundred, assemble together, if need be, to maintain our com- mon cause, till his Majesty determines who shall be and remain the own- ers 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 zus to possess. . ..
And lastly, we address ourselves to the people of the counties of Albany and Charlotte, which inhabit to the westward of, and are situated conti- guous to, the New-Hampshire grants.
. GENTLEMEN, FRIENDS AND NEIGHBOURS,
^ Providence having alloted and fixed the bounds of our habitations in the same vicinity, which, together with the intercourse of trade and com- merce, hath formed an almost universal acquaintance and tie of friend- ship between us, and hath laid such a foundation of knowledge, that your people, in general, cannot but be sensible that the title of our land is, in reality, the bone of contention ; and that, as a people, we behave ourselves orderly ; and are industrious, and honestly disposed ; and pay just de- ference to order and good 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 informn whether our people in general, do not exert themselves to pay their just debts ; and whether ever they have been hindered by the country's MOB, in the collection of their dues. But as the magistrates, sheriffs, under sheriffs, coroners, and constables, of the respective counties, that hold their posts of honor 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 dependant, and for the wages ofunrighteousness, offered by proclamation) to presume to apprehend some of us, or our friends : We therefore, ad- vertise such officers, and all persons whatsoever, that we are resolved to inflict immediate death on whomsoever may attempt the same. And provided any of us or our party shall be taken, and we have not notice
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sufficient to relieve them, or whether we relieve them or not, we are re- solved to surround 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 ac- . cessary, aiding or assisting in taking any of us as 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 ; and an "in- demnification" for such murder 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 precious to us, as to any of the King's subjects ; and we are. as loyal to his Majesty or his 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-Britain, and insist upon killing us, to take possession of our "vine- yards"-come on, we are ready for a game of scalping with them ; for our martial spirits glow with bitter indignation, and consumate fury, to blast their infernal projections.
* It may be, the reader, not having seen the law referred to in this piece, and not being thoroughly acquainted with the long and spirited conflict that hath subsisted between the claimants under New-Hampshire and New-York, nor of the progressive, arbitrary, and monopolizing disposi- tion of the court party of the latter of those Provinces ; may be apt to imagine that the spirit of this writing is too severe, inasmuch as it destines whoever presumes to take us as 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 sen- tence of death already pronounced against us, on proviso more than three of us assemble together to maintain and defend our property, till his Ma- jesty determines the controversy. And,
2. May it be considered, that the legislative authority of the Province of New-York had no constitutional right or power to make such laws ; and consequently, that they are null and void, from the nature and ener- gy of the English constitution ; therefore as they merit no place among the laws of the realm of Great-Britain, but are the arbitrary league and combination of our bitter and merciless enemies, who, to obtain our pro- perty, have inhumanly, barbarously, and maliciously, under the specious and hypocritical pretence of legal authority, and veneration for order and government, laid a snare for our lives ; can the public censure us for ex- erting ourselves nervously to preserve our lives, in so critical a situation ? For by the laws of the Province, into which we are unfortunately fallen, we cannot be protected in either property or life, except we give up the former to secure 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 pro- perty, nay, our lives, cannot be protected (but manifestly struck at ) by the higliest authority in the Province to which we, at present, belong ; therefore, in the interim, while his Majesty is determining the controversy, and till he shall interpose his royal authority, and subject the authority
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·
aforesaid to their duty, or re-annex the district of disputed lands to the Province of New Hampshire, or some way, in his great wisdom, and fatherly clemency, put the distressd settlers under New-Hampshire, on an equal footing with our brother subjects in his realm ; we are under ne- cessity of resisting, even unto blood, every person who may attempt to take us as felons or rioters as aforesaid ; for in this case it is not resist- ing law, but only opposing force by force ; therefore, inasmuch as by the oppresssions aforesaid, the New-Hampshire settlers are reduced to the disagreeable state of anarchy and confusion ; in which state we hope for wisdom, patience and fortitude, till the happy hour his Majesty shall graciously be pleased to restore us to the privileges of Englishmen.
Signed by
ETHAN ALLEN,
SETH WARNER,
REMEMBER BAKER,
ROBERT COCKRAN,
PELEG SUNDERLAND,
JOHN SMITH,
SILVANUS BROWN.
Bennington, April 26, 1774.
The following lines, composed by Thomas Rowley, distinguished, in those days, for wit and poetry, appear to have been annexed to the fore- going. " When Cæsar reigned King at Rome St. Paul was sent to hear his doom ;
But Roman laws, 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 men to awful fate,
And hangs and damns without a trial.
Which made me view all nature through,
To find a law where men were ti'd,
By legal act which doth exact
Men's lives before they're try'd.
Then down I took the sacred book,
And turn'd the pages o'er,
But could not find one of this kind,
By God or man before."
While this controversy was thus advancing, with fearful progress, to a state of general war, the contest between Great-Britain and her American Colonies, was approaching an alarming crisis. So threatening had be- come its aspect, that measures were taken for convening a continental Congress ; and, accordingly, Delegates from twelve of the Colonies met at Philadelphia, on the 5th of September, 1774.
The meeting of this"Congress was followed by an almost universal suspension of the royal authority in the Colonies ; and " the courts of
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justice were either shut up, or adjourned, without doing any-business."* The first interruption of this kind, in the Colony of New-York, happened in the County of Cumberland,t on the New-Hampshire grants. " The stated session of the Court, for that County, was to have been holden, at Westminster, on the 13th of March, 1775."; "The day arrived, the Court convened, and the populace assembled. The scene that followed, is described in the following document.
's" A relation of the proceedings of the people of the County of ! ; Cumberland, and Province of New-York.
In June, 1774, there were some letters came to the supervisors of said county, from the committee of correspondence at New-York, signed by their chairman, Mr. Low; which letters said supervisors, through ignorance or intention, kept until September, when they had another meeting ; and it is supposed that they intended always to have kept them, and the good people would have remained in ignorance about them until this time, had it not been by accident that it was whispered abroad, so that Dr. Reuben Jones of Rockingham, and Capt. Azariah Wright of Westminister heard of it, and took proper care to notify those towns. A meeting was called 'in the two towns aforesaid, and a committee was chosen by cach town, to wait on the supervisors, at their meeting in September, to see if there were any papers that should be laid before the several towns in the county ; and they found that there were papers come from the committee of correspondence, that should have been laid before the towns in June. The supervisors made many excuses for their conduct : some plead ignor- ance, and some one thing, and some another : but the most of them did seem to think, that 'they could send a return to the committee at New- York, without ever laying them before their constituents ; which prin- ciple, at this day, so much prevails, that it is the undoing of the people. Men, at this day, are so tainted with the principles of tyranny, that they would fain believe, that as they are chosen by the people to any kind of office, for any particular thing, that they have the sole power of that * people by whom they are chosen, and can act in the name of that people in any matter or thing, though it is not in any connection with what they were chosen for. But the committees would not consent to have a return made, until every town in the county, had Mr. Low's letters laid before them ; which was done, and a county congress was called ; return was made, a committee was chosen to see that it was put in print; but, through interest, or otherwise, it never was published in any of the papers. Immediately after, the people of the county aforesaid received the re- solves of the continental congress. They called a county congress, and did adopt all the resolves of the continental congress as their resolves, promising religiously to adhere to that agreement or association. There was a committee of inspection moved for, to be chosen by the county,
· Williams' history,
t The government of New York had divided the grauts on the east side of the Mouc.
istain, into two Counties -Cumberland, at the south, and Gloucester, at the north.
} ' # Williams' history.
C
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according to the second resolve of the association aforesaid : but being much spoken against by a justice and an attorney, and looked upon by them as a childish, impertinent thing, the delegates dared not choose one. At this time there were tory parties forming, although they were under disguise ; and had laid a plan to bring the lower sort of the people into a state of bondage and slavery. They saw that there was no cash stirring, and they took that opportunity to collect debts, knowing that men had no other way to pay them, than by having their estates taken by execution, and sold at vendue. There were but very few men among us that were able to buy ; and those men were so disposed, that they would take all the world into their own hands, without paying any thing for it, if they could, by law ; which would soon bring the whole country into slavery. Most, or all of our. men in authority, and all that wanted court favours, seemed much enraged, and stirred up many vexatious law-suits, and imprisoned many, contrary to the laws of this province, and the statutes of the crown. One man they put into close prison for high treason ; and all that they proved against him, was, that he said if the King had signed the Quebec bill, it was his opinion that he had broke his coronation-oath. But the good people went and opened the prison door and let him go, and did no violence to any man's person or property.
Our men in office would say that they did like the resolutions of the continental congress, and they ought to be strictly adhered to, until our general assembly voted against them. Then they said, that this would do for the Bay-Province, but it was childish for us to pay any regard to them. Some of our court would boldly say, that the King had a just right to make the revenue-acts, for he had a supreme power ; and he that said otherwise was guilty of high treason, and they did hope that they would be executed accordingly. The people were of opinion that such men were not suitable to rule over them : and, as the general assembly of this Province would not accede to the association of the continental congress, the good people were of opinion, that if they did accede to any power from or under them, they should be guilty of the breach of the 14th article of that association, and may justly be dealt with, accordingly, by all America. When the good people considered that the general assem- bly were for bringing them into a state of slavery, (which did appear plain by their not acceding to the best method to procure their liberties, and the executive power so strongly acquiescing in all that they did, whether it was right or wrong ;) the good people of said county thought it time to look to themselves. And they thought that it was dangerous to trust their lives and fortunes in the hands of such enemies to American liberty ; but more particularly unreasonable that there should be any court held ; since, thereby, we must accede to what our general assem- bly had done, in not acceding to what the whole continent had recom- mended ; and that all America would break off all dealings and com- merce with us, and bring us into a state of slavery at once. Therefore in duty to God, ourselves, and posterity, we thoughit ourselves under the strongest obligations to resist and to oppose all authority that would not accede to the resolves of the continental congress. But knowing that many of our court were men that neither feared or regarded men, we
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thought that it was most prudent to go and persuade the judges to stay at home. Accordingly there were about forty good true men went from Rockingham to Chester, to dissuade Col. Chandler, the chief judge, from attending court. , He said he believed it would be for the good of the county not to have any court, as things were : but there was one case of . murder that they must see to, and if it was not agreeable to the people, they would not have any other case. One of the committee told him that the sheriff' would raise a number with arms, and that there would be bloodshed, The Colonel said that he would give his word and honour that there should not be any arms brought against us ; and he would go down to court on Monday the 13th of March inst., which was the day that the court was to:be opened."> We told him that we would wait on him, if it was his will. "He said, that our company would be very agree- able ; likewise he returned us his hearty thanks for our civility, and so we parted with him.
We heard from the southern part of the state, that Judge Sabin was very carnicst to have the law go on, as well as many petty officers. There were but two judges in the county at that time, Col. Wells being gone to New-York. There was a great deal of talk in what manner to stop the court ; and at length it was agreed on to let the court come together, and lay the reasons we had against their proceeding, before them, thinking they were men of such sense that they would hear them. But on Friday, we heard that the court was going to take the possession of the house on the 13th inst., and to keep a strong guard at the doors of said house, that we could not come in. We being justly alarmed by the deceit of our court, though it was not strange, therefore we thought .proper to get to court before the armed guards were placed ; for, we were determined that our grievances should be laid before the court, before it was opened. On Monday, the 13th of March inst., there were about 100 of us entered the court-house, about four o'clock in the afternoon. But we had but just entered, before we were alarmed by a large number of men, armed with guns, swords, and pistols. But we, in the house, had not any weapons of war among us, and were determined that they should not come in with their weapons of war, except by the force of them.
'Esq. Patterson came up at the head of his, armed company, within about five yards of the door, and commanded us to disperse ; to which he got no answer. He then caused the King's Proclamation to be read, and told us, that if we did not disperse in fifteen minutes, by G-d he would blow a lane through us. We told him that we would not disperse. We told them that they might come in, if they would unarm themselves, but not without. : One of our men went out at the door, and asked them if they were ¿ come for war ; told them that we were come for peace, and that we should be glad to hold a parley with them. At that, Mr. Gale, the clerk of the court, drew a pistol, held it up, and said, d-n the parley with such d --- d rascals as you are ; I will hold no parley with such. d -- d rascals, but by this,-holding up his pistol. They gave us very harsh language, told us we should be in hell before morning ; but, after a while, they drew a little off from the house, and seemed to be in a consul- tation. Three of us went out to treat with them ; but the most, or all,
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that we could get from them, was, that they would not talk with sucht did rascals as we were ; and we soon returned to the house, and they soon went off.
Col. Chandler came in, and we laid the case before him, and told him that we had his word that there should not be any arms brought against its. " He said that the arms were brought without his consent, but he would go and take thein away from them, and we should enjoy the house undisturbed until morning ; and that the court should come in the morn- ing without arms, and should hear what we had to lay before them ; and then he went away. We then went out of the house and chose a com- mittee, which drew up articles to stand for, and read thein to the com- pany ; and they were voted nem. con. dis. and some of our men went to the neighbours, and as many as the court and their party saw, they bound.
About midnight, or a little before, the sentry, at the door, espyed some men with guns, and he gave the word to man the doors, and the walk was crowded. 'Immediately, the sheriff and his company marched up fast, within about ten rods of the door, and then the word was given, take care, and then, fire. Three fired immediately. The word fire was re- peated ; G-d d-n you fire, send them to hell, was most or all the words that were to be heard for some time : on which, there were several men wounded ; one was shot with four bullets, one of which went through his, brain, of which wound he died next day. Then they rushed in with their guns, swords," and clubs, and did most cruelly mammoc several more ; and took some that were not wounded, and those that were, and crowded them all into close prison together, and told them that they should all be in hell before the next night, and that they did wish that there were forty more in the same case with that dying man. "When they put him into prison, they took and dragged him as one would a dog ; and would mock him as he lay gasping, and make sport for themselves, at his dying mo- tions The people that escaped took prudent care to notify the people in the county, and also in the government' of New-Hampshire, and the Bay ; which being justly alarmed at such an unheard of and aggravated piece of murder, did kindly mterpose in our favour.
On Tuesday the 14th inst. about 12 o'clock, nearly 200 men, well armed, came from New-Hampshire government ; and before night there were several of the people of Cumberland county returned, and took up all they knew of, that were in the horrid massacre, and confined them un- der a strong guard ; and afterwards they confined as many as they could get evidence against, except several that did escape for their lives. Ou the 15th inst. the body formed, chose a moderator and clerk, and chose a committee to see that the coroner's jury of inquest were just, impartial men; which jury on their oath did bring in, that W. Patterson, &c. &c. did, on the 13th March inst., by force and arms, make an assault on the body of William French, then and there lying dead, and shot him through the head with a bullet, of which wound he died, and not otherwise. Then, the criminals were confined in close prison, and, on the evening of the same day, and early the next morning, a large number came from the southern part of the county of Cumberland, and the Bay Province. It is computed, that in the whole, there were 500 good martial soldiers, well
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equipped for war, that had gathered. On the 16th inst. the body assem- bled ; but being so numerous that they could not do business, there was a vote passed, to choose a large committee to represent the whole, and that this committee should consist of men who did not belong to the county of Cumberland, as well as of those that did belong thereto ; which was done. . After the most critical and impartial examination of evidence, voted, that the heads of them should be confined in Northampton jail, till they could have a fair trial ; and those that did not appear so guilty, should be under bonds, holden to answer at the next court of oyer and terminer in the county aforesaid ; which was agreed to. On the 17th inst. bonds were taken for those that were to be bound, and the rest set out under a strong guard for Northampton .. "
We, the committee aforesaid, embrace this opportunity to return our most grateful acknowledgments and sincere thanks to our truly wise and patriotic friends in the government of New-Hampshire and the Massa- chusetts-Bay, for their kind and benevolent interposition in our favour, at such a time of distress and confusion aforesaid; strongly assuring them, that we shall be always ready for their aid and 'assistance, if by the dispensations of divine providence, we are called thereto.
Signed by order of the Committee.
REUBEN JONES, Clerk.
Cumberland County, March 23d, 1775.
Hitherto, the opposition to the claims of New-York had been confined, principally, to the inhabitants on the western side of the mountains, Many, of the New Hampshire grantees, in the vicinity of Connecticut River, had surrendered their original charters, and taken new grants under the authority of New-York ; and had, not only submitted, quietly, to the jurisdiction of that colony, but stood unconcerned spectators of the controversy in which the settlers, on the western grants, were so deeply involved. . .
They were not, however, indifferent to the policy pursued by Great Britain towards her American Colonies. Most of the settlers, on the New-Hampshire grants, were emigrants from Massachusetts and Connec- ticut ; and readily sympathised in the feelings which pervaded those Col- onies ; and which, at this period, were spreading, with an astonishing rapidity, through every part of the country. The Provincial Assembly of New-York had withholden its approbation of the measures recom- mended by the Continental Congress ; while those measures had received the sanction of every other Colony.
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